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PD182-CS010306March 6, 2001 ,,~i!~\q',~ ~?~'" C. N. Lemp Development 4101 McEwen, Suite 110 Dallas, TX 75244 Dear Mr. Lemp, Based upon the request of Carrollton-Farmers Branch School District, this letter acknowledges that C. N. Lemp Development Co., Inc. will build the wa-ought iron fence with brick pilasters as submitted to you by SHW Group, Inc., the school district's architect. Additionally, you understand no certificate of occupancy will be issued on your townhouse project until you are in conformance with this fencing requirement. I believe this letter meets the condition placed upon you by CFBISD. If additional information is needed, please contact me at your convenience. Yours truly, Dkectort. of Planning and Community Sen'ices cc: file PARKWAY '~' P O ~aOX 4'78 1~' ¢OPPELL TX 75019 1~ TEL 972,'462 002;' t FAX 9'/2/304 3673 DATE: March 6, 2001 TO: Mr. GaD' Sieb FROM: A. Keith Reinhart RE: Townhomes of Coppell Thanks again for visiting with me this morning on the fence specifications. We xvill proceed with the plans as discussed, with narrower and narrower thicknesses of the pillars, as the top of the wall narrows. We will, however, evaluate visiting v, dth you down the line, if we would like to go through official changes with P&Z and Council. GAN', I have attached the cover letter of the agreement between the School District and Lemp Development. They request: "... a letter shall be provided by the City of Coppell and submitted by C. N. Lemp Development, Inc., acknowledging the City" s approval of the agreement relative to the wrought iron fencing at the dividing property line." Would you please furnish such a letter at your earliest convenience? My deadline on this is The School Board Meeting this Wednesday-, March 8, 2001 tbr final signatures. Ihanks again for your help on this matter. Regards, A. Keith Keinhart C. N. Lemp Development eUel ment "Subsidia~ of Liberty Resklential" 4101 McEwen: Suite 110 · Dallas: Texas 752g~ · Phone (.972) 755-1085 · Fax (972~ ~04-1833 03..-'"06/01 TI:E 15:54 FAX 9724041833 LIBERTY [~002 SIilN Group Inc Architects + Engineers 4000 McEwen Road North February 27, 2001 Dallal, TX 75244-5083 972.701.0700 Mr. A. Keith Reinhart 972.701.0799 Fax C.N. Lemp Development, Inc. 888.SHW.1019 Toll Free 4101 McEwen Suite 110 Dallas, Texas 75244 RE: Townhomes of Coppell Dear Mr. Reinhart: Attached you will find two (2) copies of the Agreement Between Carrollton- Farmers Branch I.S.D. and C.N. Letup Development, Inc. regarding proposed site improvements at the Riverchase Elementary School. Please execute by signing both copies and returning them to our office for further distribution. This agreement will be considered by the Board of Trustees at the Carrollton-Farmers Branch I.S.D. School Board meeting that is to be held on March 8, 2001. Please note in the agreement item 4, paragraph 2, - that before the contract will be executed by Carrollton-Farmers Branch ~ I.S.D., a letter shall be provided by the City of Coppell and submitted by ~ C.N. Lemp Development, Inc., acknowledging the City's approval of the ~'-' agreement relative to the wrought iron fencing at the dividing property line. Should you have any questions or comments, please feel free to contact me at your earliest convenience. Thank you for your assistance in this matter. Mesa, AZ ~~, AIA ~ Vice President Calverton, MD TH:bs Austin, TX Attachments Fort Worth, TX cc: Johnny Hibbs, Carrollton-Farmers Branch 1.S.D. Houston, TX Reston, VA Your school design p a r t n e ~r s 03/06/01 TYE 15:54 FAX 9724041833 LIBERTY [~003 AGREEMENT BETWEEN CARROLLTON-FARMERS BRANCH I.S.D. AND C.N. LEMP DEVELOPMENT, INC. This Agreement is made between the Carrollton-Farmers Branch Independent School District and C.N. Lemp Development, Inc., developer of The Townhomes of Coppell, and the proposed site improvements at Riverchase Elementary School located on MacArthur Boulevard in Coppell, Texas. The Agreement shall be made as follows: 1. Carrollton-Farmers Branch I.S.D. shall dedicate right-of-way to the Ci~, of Coppell on the northwest comer of the Riverchase Elementary School Property for the installation ora deceleration lane to be installed by C. N. Letup Development, Inc. for use by The Townhomes of Coppell. This Agreement is further identified in Exhibit A. This right-of-way will be submitted to the City only upon successful completion of the items listed in this Agreement. 2. Carrollton-Farmers Branch I.S.D. will allow grading on the school property in the northwest comer of the site in the area west of the fire lane turn-around. No other grading will take place on the site. The grading as described is illustrated in Exhibit B. C.N. Lemp Development, Inc. shall revise the irrigation system as required to meet the new grades, provide erosion control and provide sod over all disturbed areas to match existing. C.N. Letup Development, Inc. shall employ the services of Grubbs Ramsey, Inc. to revise the irrigation design and shall ensure that Grubbs Ramsey, Inc. provides Carrollton-Farmers Branch I.S.D. with a new overall irrigation plan showing the revised areas 3. C.N. Lemp Development, Inc. shall provide a retaining wall along the north property of the Riverchase Elementary School excluding the area described in I~em 2 above. This wall shall be provided per the information in Exhibit C. This retaining wall shall meet the requirements of the City of Coppell for aesthetic appearance and shall match the attached design by Nathan D. Mater Consulting Engineers, Inc. 4. The City of Coppell requires that a fence be provided between the property of The Townhomes of Coppell and Riverchase Elementary School. Under the development requirements for Riverchase ElementaD' School, Carrollton- Farmers Branch I.S.D. currently is required to construct the fence. Under this . Agreement, C. N. Letup Development, Inc. shall assume that responsibility as ~ pan of its requirement for the development of this property. Carrollton- Farmers Branch LS.D. shall reimburse C.N. Lemp Development, Inc. $17,700.00 for this improvement. This is the amount that remains in the A~zreement between Carrollton-Farmers Branch I.S.D. and C.N. Lemp Development. Inc, Page 1 05,'06/01 TUE 15:55 FAX 9724041833 LIBERTY ~004 construction budget for Riverchase Elementary School for the installation of a wrought iron fence with brick pilasters that matches the existing fence at the school. The necessary specifications and design drawings have previously been issued to C. N. Letup Development, Inc. by SHW Group, Inc. The fence built by C. N. Letup Development, Inc. shall conform to the specifications and design drawings prepared by SHW Group, Inc. and all ordinances and requirements of the City of Coppell. Before execution of this Contract by Carrollton-Fanners Branch I.S.D., a letter shall be provided by the City of Coppell and submitted by C. N. Lemp Development, Inc. to Carrollton-F. armers Branch I.S.D. acknowledging the '1 City's approval of this part of the Agreement, including the specifications and L__design drawings for the fence. 5. All work shall be completed and performed in accordance with the construction documents issued by SHW Group in January 2001, Job Number 99-10-113, pages 1-20. If any work, including the completion of all townhomes, is not performed and/or does not meet the intent of this Agreement, as determined by Carrollton-Farmers Branch I.S.D., then Items I-2 of this Agreement shall be withdrawn. Items 3-8 shall remain as part of the Agreement. 6. Carrollton=Farmers Branch I.S.D. shall retain the $17,700.00 described in Item 4 above in an escrow account until the following have been performed to the satisfaction of Carrollton-Farmers Branch [.S.D, as evidenced by a written statement from Carrollton-Farmers Branch [.S.D.: grading is complete on the Riverchase Elemental' School property,; the retaining wall and all fencing along the north property of the school is installed; and the storm sewer located on the east property line of the school is operational. All work shall be done in a timely manner so as to minimize the impact on the school facility. 'Carrollton-Farmers Branch I.S.D. reserves the right to use the $17,700.00 to self-perform work should C.N. Letup Development, Inc. not complete the work on the Riverchase property in a timely manner or at a quality level acceptable to the District. 7, C.N. Lemp Development, Inc. and Carrollton-Farmers Branch I,S.D. agree to accept water runoff in the manner set forth in the Agreement Creating Restrictions, attached hereto as Exhibit D. C.N. Lemp Development, Inc. and Carrollton-Farrners Branch I.S.D. shall execute thc Agreement Creating Restrictions contemporaneously with the execution of this Agreement, and the Agreement Creating Restrictions shall be filed of record promptly upon execution. Agreement between Carrollton-Farmers Branch I.S.D. and ¢.N. Lemp Development, lnc, Pa~e 2 03/06,."01 TI-E 15:56 FAX 9724041833 LIBERTY ~005 8. C.N. Lemp Development, Inc. hereby warrants that it has the authority and power to bind The Townhomes of Coppell as set forth herein. This Agreement shall bind C.N. Lemp Development, Inc., its successors, assigns, and any and all subsequent purchasers from C.N. Letup Development, Inc. of any propen3' within the Townhomes of Coppell. This Agreement shall be governed by Texas law, and venue for any disputes arising hereunder shall be in Dallas County, Texas. By executing this Agreement by signature below, both parties agree to this Agreement in its entirety. Carrollton-Farmers Branch I.S.D. C.N. Lemp Development, Inc. By: By: John Tepper, President Name: Board of Trustees Title: Date: Date: Aereement between Carrollton-Farmers Branch I.S.D. and C.N. Lemp Development, Inc, Page 3