ParkW CC(1)/PP-AG 931214~ CO~CIL lm~TrlNG
AGENDA REQUEST FORM
rl~e~mh~r 1 ~t; ! 00_~
ITEM NUMBER
ITEM CAPTION:
Ratification and approval of the Developer's Agreement for Southwestern Boulevard, executed by The
Prentiss/Copley Investment Group, with regard to Park West Commerce Center, and authorizing the Mayor to
sign.
SUBMITYED BY:
D~r 0f l~an~,'n~o & Comm. Services
DATE:
EVALUATION OF ITEM:
This is a housekeeping item which draws to closure the replatting/Southwestern Boulevard developer's
agreement discussion held by Council on November 9, 1993. Staff recommends approval of the agreement.
BUDGET AMT.
AMT. +/- BUDGET
COMMENTS:
AMT. ESTIMATED
FINANCIAL REVIEW BY
LEGAL REVIEW BY:
AGENDA REQUF.3T FORM REVISED 2/93
REVIEWED BY CM.'
1333 NEW HAMPSHIRE AVENUE, N.W.
SUITE 400
WASHINGTON, D.C. 20036
(202) 887-4000
65 AVENUE LOUISE, P.B. NO. 7
1050 BRUSSELS, BELGIUM
{O11} 32-2-535.29.11
85 EAST 55TH STREET
33RD FLOOR
NEW YORK, NEW YORK 10022
(212} 872-1OO0
AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.
ATTORNEYS AT LAW
A REGISTERED UMITED UABIUTY PARTNERSHIP
INCLUDING PROFESSIONAL CORPORATIONS
1700 PACIFIC AVENUE
SUITE 4100
DALLAS, TEXAS 75201-4618
(214) 969-2800
TELEX 732324
FAX (214) 969-4343
WRITER'S DIRECT DIAL NUMBER (214) 969-2793
November 15, 1993
I I I CONGRESS AVENUE
(512) 499-6200
15OO NATIONSBANK PLAZA
300 CONVENT STREET
SAN ANTONIO, TEXAS 78205
(210) 270-0800
1900 PENNZOIL PLACE-SOUTH TOWER
711 LOUISIANA STREET
HOUSTON, TEXAS 77002
(713! 220-5800
Mr. Gary Sieb
Department of P]anrdng
City of Coppell
255 Parkway
Coppell, TX 75019
Park West Commerce Center
Our File No. 00980-0359
VIA HAND-DELIVERY
Dear Gary:
Enclosed please find the Developer's Agreement for Southwestern Boulevard which
has been executed by The Prentiss/Copley Investment Group. Please have the document
executed by the Mayor and acknowledged before a notary public.
We will now proceed to finalize the plat for recording. If you have any questions
regarding this matter, please do not hesitate to call me.
Very truly yours,
William S. Dahlstrom
WSD/skm
Enclosure
Copies:
Brace Stockard (via telecopier)
Mike Tucker (via telecopier)
Randy Ramer
WSD\00980\0369CORR\1116SIEB.LTR
November 16, 1893 10:23 em
DEVELOPER'S AGREEMENT
FOR
SOUTHWESTERN BOULEVARD
THIS AGREEMENT is made this l l"~lay of November, 1993, by and between The
Prentiss/Copley Investment Group, a Delaware joint venture, hereinafter referred to as
"DEVELOPER," and the City of Coppell, Texas, a Texas municipal corporation, here'mafter
referred to as "CITY".
WITNESSETH:
WHEREAS, DEVELOPER is the owner of that 27.2115 acre tract of land situated within
Park West Commerce Center, an addition to the CITY, in the James A. Simmons Survey,
Abstract No. 1296, Dallas County, Texas, and being more particularly described in ~
which is attached hereto for all purposes; and, hereinafter referred to as the "Property";
WHEREAS, DEVELOPER has filed with CITY an application for replatting the
Property; and
WHEREAS, previous plat approval of Park West Commerce Center by CITY required
construction of Southwestern Boulevard upon the occurrence of certain conditions; and,
WHEREAS, DEVELOPER and CITY desire to enter into an agreement that clarifies the
timing for construction of Southwestern Boulevard and satisfies the previous plat requirement.
NOW, THEREFORE, for and in consideration of the mutual covenants and benefits
contained herein, which sufficiency is acknowledged by execution below, DEVELOPER and
CITY agree as follows:
DEVELOPER'S AGIt~ FOR SO~ BOULEVARD - Page I
1. Prior to the issuance of a certificate of occupancy for a use on proposed
Lot 1, Block 1; Lot 2, Block 1; or Lot 3, Block 1 of the Re-Plat of Block 1 and 2, Park
West Commerce Center, an Addition to the City of Coppell in the James A. Simmons
Survey, Abstract No. 1296, Dallas County, Texas, Southwestern Boulevard must either
be constructed or caused to be constructed by DEVELOPER at its sole cost and expense,
and in accordance with standard City street specifications at the time, in the approximate
location identified on Exhibit "B", which is attached hereto for all purposes, as a four
lane divided thoroughfare from Belt Line Road to the westernmost point contiguous to
the Southwestern Boulevard right-of-way of the lot for which an application for a
certificate of occupancy has been fried with the City, or all funds necessary for the
completion of such construction must be placed in an escrow account with the CITY by
DEVEI~OPER.
2. In the event CITY determines that Southwestern Boulevard as identified
on Exhibit "B" needs to be constructed or that the average daily traffic on Southwestern
Boulevard exceeds 8000 trips per day, DEVELOPER agrees to begin construction or
cause construction to begin on Southwestern Boulevard as a four lane divided
thoroughfare from Belt Line Road to the westernmost point contiguous to the
Southwestern Boulevard right-of-way of Lot 1, Block I of the Re-Plat as set forth on
Exhibit "B", within six (6) months of receiving written approval of construction plans
from CITY, and DEVELOPER further agrees to complete construction within a
reasonable time thereafter and in accordance with standard City street specifications at
the time. In lieu of constructing Southwestern Boulevard, DEVELOPER may place all
DEVELOPER'S AGi~I~NT FOR SOUTHWESTE~,N BOULEVARD - Page 2
funds necessary for the completion of such construction in an escrow account with
CITY within six (6) months of receiving written notice from CITY that
Southwestern Boulevard is to be constructed.
3. This Agreement and its performance by DEVELOPER will satisfy any and
all obligations of DEVELOPER to provide for the construction or escrow of fees for
constmcrion of Southwestern Boulevard and all improvements thereto required under the
previous plat approval of Park West Commerce Center, and under any ordinances of
CITY.
4.
The provisions of this Agreement are hereby declared covenants running
with the Property and are fully binding on all successors, heirs, and assigns of
DEVELOPER who acquire any right, rifle, or interest in or to the Property, or any part
thereof. Any person who acquires any right, title, or interest in or to the Property, or
any part thereof, thereby agrees and covenants to abide by and fully perform the
provisions of this Agreement. This Agreement will be recorded in the Real Property
Records of Dallas County, Texas, by CITY. DEVELOPER is released from the
obligations set forth under this Agreement for any Lot identified in Paragraph 1 above
upon completion of the improvements required herein for that Lot, payment of funds into
escrow as set forth herein for that Lot, or conveyance of said Lot prior to the
requirement for construction of Southwestern Boulevard as set forth herein prodded such
a release in the last instance does not release DEVELOPER'S successors from the
requirements of this Agreement. A release of this Agreement will be furnished to
DEVELOPER by CITY upon completion of construction of the portion of Southwestern
DI~N/F_,IA)PI~R'S AGi~lgI~IF_aNT FOR SO~ BO~ARD - Page
Boulevard herein described and its acceptance by CITY or upon payment of funds
into escrow as set forth herein.
5. Applicable Ordinance. Development of the Property shall comply with all
applicable ordinances of the CITY, as amended from time to time, and with all laws and
regulations of all other governmental agencies with jurisdiction, as amended from time
to time, over the Property.
6. S~v~rability_ of Provisions. If any article, paragraph, section, sentence,
clause or phrase of this Agreement shall be or become illegal, null or void for any reason
or shall be held by any court of competent jurisdiction to be illegal, null or void, the
remaining articles, paragraphs, sections, sentences, clauses or phrases of this Agreement
shall continue in full force and effect and shall not be affected thereby. It is hereby
declared that said remaining articles, paragraphs, sections, sentences clauses and phrases
would have been and are imposed irrespective of the fact that any one or more other
paragraphs, sections, sentences, clauses or phrases shall become or be illegal, null or
void.
7. Ci, O~G LAW. THIS DECLARATION AND THE RIGHTS OF
THE OWNERS HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE
STATE OF TEXAS.
DEVELOPER'S AGRF~RMENT FOR SOUTIIWF, ST~i~N BOULEVARD - Page 4
THE PRENTISS/COPLEY INVESTMENT GROUP,
A Delaware general partnership
By:
Prentiss Property Investments, L.P.,
a Delaware limited partnership,
its managing venturer
By:
Prentiss Property Investments, Inc.,
a Delaware corporation,
its general partner
CITY OF COPPELL, TEXAS,
A Texas municipality
By:
Its:
DEVELOPER'S AGi~i~MENT FOR SOUTII'vV~ST~ BOULEVARD - Page
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was executed before me, the undersigned notary punic, on
'--}¥,,..~ c,~.'~c.,:- !~ , 1993, by '-), ~'~c, ~ .,iL ~-~'~!P'~(' t,~ , the
L' ;,~'<- ¢~'~,i ,l~ ~'~.'~ of Prentiss Property Investments, Inc., a Delaware corporation,
the general partner of Prentiss Property Investments, L.P., a Delaware limited partnership,
the managing venture of the Prentiss/Copley Investment Group, a Delaware general
partnership, in the capacity set forth.
My Commission Expires:
' h[oCzy Public in and for the
State of Texas
-.,k.; ...... ~ ..... 7 - -
.,,r.,:~ ~ ~.,,,, JANICE E. II.MER
!
STATE OF TEXAS §
COUNTY OF DALLAS §
._~~.i. A_instrument was executed before me, the und~sign, ed notary public, on
~q' , 1993, by '~"~-~., 2q"~ , the
~"2t5/'~~ ' of the City of Coppell, TeXas, a municipal corporation, on
behalf °t~saidImunicipal corporation.
No-ta~y Public in and for the
State of Texas
My Commission Expires:
WSD~0OgB0~0368DOC~l 104D~.AGR
No~4, 1993 2:18~
DEVELOPER'S AGREirMENT FOR SO~ BOUI.,EVARD - Page 6
EXHIBIT
BEING a tract of land situated in the James A. Simmons Survey, Abstract No. 1296, in the City
of Coppell, Dallas County, Texas, and being part of Block 1 and 2 of Park West Commerce
Center as recorded in Volume 90218, Page 3264 of the deed records of Dallas County, Texas,
and being more particularly described as follows;
CO~'vL'~LENCING at the most northerly poim of a 38.00 foot radi~ comer clip located on
common line between the north right-of-way of Airline Drive (60 feet wide) and the west fight-
of-way of Beltline Road (120 feet wide);
THENCE North 01 degrees 15 minutes 30 seconds East along the west fight of way line of
Beltline Road a distance of 949.00 feet to the POINT OF BEGINNING;
TI-~NCE North 89 degrees 06 minutes 01 seconds West departing said west fight of way line
a distance of 2746.89 feet to a 1/2" iron rod set for a comer at the point of curvature of a circular
curve to the left havig a radius of 600.00 feet, said point also lying on the south line of a 300
foot wide floodway easement for Grapevine Creek;
THENCE along said circular curve and south line an arc distance of 586.11 feet, through a
cent-al angle of 55 degrees 58 minutes I 1 seconds and a mc, gent distance of 318.82 feet to a 1/2"
iron rod set for a comer at the point of tangency of said curve;
THENCE North 35 degrees 53 minutes 36 seconds East a distance of 375.80 feet to a 1/2" iron
rod set for a comer on the south fight-of-way of Southwestern Boulevard (90 feet wide), said
point also being a nontangent point of a circular curve having a radius of 655.00 feet;
THENCE departing said south easement line and along said circular curve and south fight-of-way
of Southwestern Boulevard an arc distance of 55.22 feet, through a central angle of 04 degrees
49 minutes 50 seconds, a tangent distance of 27.63 feet and a chord bearing of South 86 degrees
33 minutes 46 seconds East a distance of 55.20 feet to a point for a corner;,
THENCE South 88 degrees 58 minutes 41 seconds East a distance of 1135.66 feet to a point for
a corner at the point of curvature of a circular curve to the fight having a radius of 775.00 feet;
TttENCE along said circular curve an arc distance of 243.54 feet, through a central angle of 18
degrees 00 minutes 19 seconds and a tangent distance of 122.78 feet to a point for a comer at
the point of tang~ncy of said curve;
THENCE South 70 deg;t~*s 58 minutes 22 seconds East a distance of 294.91 feet to a point for
a corner set at tho point of curvature of a circular cu~c to the left having a radius of 665.38 feet;
THENCE along said circular curve an arc distance of 206.35 feet, through a central angle of 17
degrees 46 minutes 08 sec, ollds and a tangent distance of 104.01 feet to a point for a comer set
at the point of tangency of said curve;
THENCE South 88 degrees 44 minutes 30 seconds East a distance of 88.82 feet to a point for
a comer at the point of curvature of a circular curve to the fight having a radius of 30.00 feet; '
THENCE along said circular curve departing said south fight-of-way of Southwestern Boulevard
and along the west fight-of-way of Beltline Road (120 feet wide) an arc distance of 47.12 feet,
through a central angle of 90 degrees 00 minutes 00 seconds and a tangent distance of 30.00 feet
to a point for a comer at the point of tangency of said circular curve;
THENCE South 01 degrees 15 minutes 30 seconds West continuing along said west fight-of-way
a distance of 36~.85 feet to the POINT OF BEGINNING AND CONTAINING 1,185,331 square
feet or 27.2115 acres of land more or less.
0 ×
,,/
Office on Aging/Senior Citizens -- Councilmember Stahly stated that the Office on Aging would
like to thank the Coppell Rotary for delivering Thanksgiving meals to the senior households.
Councilmember Stahly informed the Council that the Office on Aging will be looking at budget
revisions as there is a shortfall in federal funding for the Office on Aging.
Neighborhood Integrity Ordinance Committee -- Councilmember Stahly announced that there is
a preliminary date for the Neighborhood Integrity Ordinance Committee meeting which is
January 4, 1993.
YMCA -- Councilmember Stably invited everyone out to the new YMCA and stated that they
have over 700 members.
Councilmember Weaver inquired as to whether Paragon was permitted under the franchise
agreement to assess $3.00 per month as a late fee. Councilmember Weaver also reminded
everyone that there would be a recycling of Christmas trees in Andrew Brown Park.
Council adjourned back into Executive Session under Item 2 at this time. See Item 2 above for
minutes.
Consent A~enda
24. Consider approval of the following consent agenda item.q:
A. Consider approval of minutes: November 9, 1993.
Consideration and approval to award Bid Q-1193-02 for Cleaning and
Related Services in the amount of $25,035.12 to North Star Services for
a period of one (1) year commencing February 1, 1994 through
January 31, 1995.
Consideration and approval to award the Banking Services and
Depository Contract to 1st Bank for the two-year period beginning
December 1, 1993 and ending November 30, 1995, and authorizing the
Mayor to sign.
Do
Consideration and approval of an ordinance regulating water wells in
the City of Coppell and authorizing the Mayor to sign.
Eo
Consideration and approval of a recommendation by the Parks and
Recreation Board to approve park development projects utilizing up to
$80,000 in funding approved by Council on September 14, 1993.
Fo
Consideration and approval to direct staff to authorize the design and
advertisement to bid the installation of athletic lighting to two (2) small
soccer fields at Andrew Brown Jr. Community Park, west of Denton
Tap Road.
Go
Consideration and approval to award Bid Q-1093-04 for a paHetized
street striping unit to Kelley-Cr~well in the amount of $2S,~A0.00.
Ho
Consideration and approval of a resolution authorizing and directing
staff to proceed with the execution of a grant for participation in the
Clean Cities 2000 Program in cooperation with the Cities of Colleyville,
Southlake, and Grapevine.
CM121493
Page 7 of 10
L®
Me
Ne
0
Re
Consideration and approval of the Agreement for Media Consultant
Services between Kay Tiller and the City of Coppell, for $12,000.00,
and authorizing the Mayor to sign.
Consideration and approval of a f'mal plat for River Ridge Addition,
located south of Sandy Lake Road, west of Riverchase Boulevard, at
the request of C.C.M. Engineering Corp.
Ratification and approval of the Developer's Agreement for
Southwestern Boulevard, executed by The Prentiss/Copley Investment
Group, with regard to Park West Commerce Center, and authorizing
the Mayor to sign.
Consideration and approval of a Final Plat for Latter Day Saints
Addition, located along the south side of MacArthur Boulevard,
approximately 700 feet east of Samuel Boulevard, at the request of
Dowdey Anderson & Associates.
Consideration and approval of an ordinance approving a Franchise
Agreement between the City of Coppell and GTE Southwest,
Incorporated, and authorizing the Mayor to sign.
Consideration of accepting the resignation of Robert Brinkman,
Alternate CommL~sioner on the Board of Adjustment.
Consideration of appointing George W. N'w. hols as a replacement
to fib the un-expired term of resigning Board of Adjustment
Alternate Commissioner Robert Brinkman (term expires October
1995).
Consideration of a request by the Lakes of Coppeil Homeowners
Association for the City to begin maintenance of the MacArthm'
Boulevard median from Sandy Lake Road northward to DeForest Road
effective January, 1994.
Consideration and approval of an agreement with the City of
Carrollton allowing the Dallas Gun Club, located in the City of
Carroilton, to be supplied water from the CoppeH water system,
and authorizing the Mayor to sign.
Consideration and approval of an agreement with Dallas Gun
Club associated with water service and authorizing the City
Manager to sign.
Consideration of a variance from Section 10-8-3 B of the Sign
Ordinance regarding size of signs in residentially zoned districts which
concerns real estate signs. The variance, from the allowable 6 square
feet to 32 square feet, is requested by Mr. Dennis K. Winzeler of Vista
Properties, Inc. for the Woodridge property on MacArthur Boulevard
in Coppell.
Consideration to support the design of a new rate-of-flow control
facility by Dallas Water Utilities and acknowledgement to fund the
construction of the facility once the design is complete.
CM121493
Pa~ 8 of 10
Se
Consideration of expressing grave, written concern to the agencies and
individuals involved in placing low-income housing in certain
iocationaily troublesome areas of the City, and authorizing the Mayor
to sign.
Consideration and approval of an ordinance amending Chapter 16 of
the Code of Ordinances of the City of Coppell by adding Article 16-S,
providing for Trinity River Corridor Development Certification, and
authorizing the Mayor to sign.
Ue
Consideration and approval to grant a thirty (30) foot easement
agreement to the Coppell Municipal Utility District No. 1 along Andrew
Brown .Ir. Community Park, east of Denton Tap Road, and authorize
the Mayor to sign.
V®
Consideration and approval to award contract to Rodman
Excavation, Inc. for the construction of Phase H improvements
to Andrew Brown Jr. Community Park, east of Denton Tap
Road, in the amount of $859,361 and authorizing the Mayor to
sign.
Consideration and approval to authorize a change order in the
amount of $13,000 to he deducted from Rodman Excavation, In..
for reduction of landscaping for Phase H improvements to
Andrew Brown Jr. Community Park, east of Denton Tap Road.
Items 24 E, F, M, S, T and V were pulled for further consideration.
Items 24 A, B, C, D, G, H, I, J, K, L, N, O, P, Q, R and U --
Councilmember Garrison moved to approve Items 24 A, B, C, D carrying Ordinance No.
93632, G, H carrying Resolution No. 121493.1, I, J, K, L, N, O, P, Q, R and U. Mayor Pro
Tem Robertson seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson
and Councilmembers Weaver, Stahly, Watson, Mayo, and Garrison voting in favor of the
motion.
Items 24 E and F --
Mayor Pro Tem Robertson moved to approve Items 24 E and F. Councilmember Garrison
seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and
Councilmembers Weaver, Stahly, Watson, Mayo, and Garrison voting in favor of the motion.
Item M --
After discussion, Councilmember Mayo moved to approve Item 24 M carrying Ordinance No.
93633, authorizing the Mayor to sign, that the franchise fee be set at approximately $60,000 and
that any collections over $60,000 will be paid to the City and that there be an annual review of
Appendix A of the Franchise Agreement. Councilmember Watson seconded the motion; the
motion carried 4-2 with Mayor Pro Tern Robertson and Councilmembers Stahly, Watson, Mayo,
voting in favor of the motion and Councilmembers Weaver and Garrison voting against the
motion.
Item 24 S --
After discussion, Councilmember Stahly moved to form a committee to compose a letter
addressing the City's concerns, said committee to be comprised of two Councilmembers and two
citizens and the City Manager and to meet within two days. Councilmember Weaver seconded
CM121493
Page 9 of 10