ParkW CC-1/Re-CS 931008 2~4 9~9 4~4~ ~
SENT ,BY:AKIN 61_~IP~ ET AL ;10- 8-98 ; 4:57P~ ;D~I.IAS, TX #8 - ~848~ 214 898 0948;# 1/ 7
AKiN ....
GUY~, STRAUSS
HN~ER
FEM. L.L.~
LEASE DELIVER
ATTORNEYS AT LAW
A REGISTERED LIMITED UABIUTY PARTNERSHIP
INCLUDING PROFL:~SIONAL CORPORATIONS
1700 PACIFIC AVENUE
SUITE 4100
DALLAS, TEXAS 75201-4618
(214) 969-2800
Date: __October_8. 1993
PAGE(S) (Including Cover Sheet) TO THE FOLLOWING:
O:
Name(s)
_Garv Sieb ....
.Pete Smith
.Michael Tucker
Facsimile Number(s) Company Number(s)
(Indicate if metro) (Indicate if metro)
(214) 393~094~ ( .)
(214. ) 954-3334- (,~.)
(214- ) _.~.84.3047 (__.)
(~) (__,)
(~.) ( )
ROM: William S. Di)hl$1;rom
( 214 ) 969-2793
E;
Plat of Block I .and 2, Park.West Commerce Center
Comments/Special Instructions
a, ttached is proposed DEVELOPMENT AGREEMENT.
.~LIENT,"MATTER NO.:
00980
SECRETARY: Sharon K. McCurrv
- O359
~$E~ I.D.:
I
EXT,: .. 2865
Fax Operator(al:
Timele} Attempted:
Time(el Completed:
MaChine No.:
If there are any problems during this transmission, please call our office at (214) 969-4708.
SENT BY:AKIN GI_~P, ET AL ;10- 8-88 ; 4:58PM ;DAllAS, TX #3 - 5348~ 214 388 0848;# 2/ 7
AKIN, GUMP, STRAUSS, HAUER & F:ELD, L.L.P.
1 ~.~,3 NEW HAMP/JHIRE AVENUE, N,W.
~:UITE 400
WAI';HINGTON, O,C. 20036
1202] 8;87-4000
65 AVENUE LOUISE, P.B. NO,
1000 ~RUEISELB, BELgiUM
~3RD FLOOR
NFW YORK, NEW YO~K 1
(21 ~) 872-1000
ATTORNEYS AT LAW
A I~..d~ir~ED UMITED UABIL]TY PARTNEI~HIP
INCLUDING PRDI~SSM~tAL
1700 PACIFIC AVENUE
SUITE 4100
DALLAS, TEXAS 75201-46! 8
{214) 969-2800
TELEx 732324
FAX (214) 989-4345
WfllT[R'S I.Xle;CT D~AI, NUMBER ~214] 069-2793
21OO t~RANKLIN PLAZA
I I 1 CONGRESS AVENUE
AUSTIN, TEXAS 78701
($12} 499.62OO
1BOO NATIO#SBAr4K PLAZA
800 CONVENT STRG;T
SAN ANTON;U. TEXAS 78205
[21OI 270-0800
tO00 PENNZOIL PL~CE-S0U~, ;OWtR
~1 LOUISIANA STREET
HOU~ION/ TEXAS 77002
{7t 3) 220-6B00
October 8, 1993
VIA TI;JJ;~COPIk~: 393~09 .~_~
Mr. Gary Sieb
Department of Planning
City of Coppell
255 Parkway
Coppell, TX 75019
RE:
Plat of Block ! and 2
Park West Commerce Center
Our File No. 0980-0359
Dear Gary:
Accompanying .this letter please find the proposed Development Agreement which
addresses the construction of Southwestern Boulevard adjacent to Lots 1, 2, 3 of Block 1.
Please review the Agreement and call me with your comments. Your assistance with this
matter is appreciated.
V trul/yours,
WSD/skm
'Enclosure
Copie~:
Pete Smith O/ia Fax: 9~4-3334, w/Agreement
Mike Tucker (Via Fax, w/Agreement
Kirk R. Williams, P.C.
Randy Rather (w/Agreement)
SENT BY:AKIN 6UM:', ET AL ;10- 8-93 ; 4:58PM ;DAli.AS, TX #3 - ~843~ 214 39~ 0948;# 8/ 7
DEYELOPER'S &GR~.aM~NT
FOR
SOUTHWF_,~TI~.N BOULEYARD
THIS AGRF.,P~ENT is made this __ day of Octo~ 1993, by and between The
Preatiss/Copley Inve.~tment Group, a Delaware joint venture, hereinafter referred to as
'DEVI~LOPF_,R,' and the City of Coppell, Texas, a Texas municipal corporation, hereinafter
refen'ed to as 'CITY".
WITN ES SETH:
WHEREAS, DEVELOPER is the owner of fl~7.4513~e tract of land situatt~l
within Park West Commerce Center, an addition to thc CITY, in thc James A. Simmons Survey,
Abstract No. 1296, Dallas County, Texas, and being more particularly descti~
which is attach~l hereto for all purposes; and, hereinafter referred to as thc "~~-~, ~
WHEREAS, DEVELOPER has filed with CITY an application for replatting the
Property; and
WHEREA~, previous plat approval of Park W~t Commerce Center by CITY required
construction of Southwestern Boulevard upon the occurrence of certain conditions; and,
WHI::.RKAS,.?E_ _VELOPFaR and CITYd~im to enter inter art a~,reement that clarifies the
timinR for c~matru~fion of $outhwc~tt':rn Boulevard:
NOW, THI~REFO];tl~, for and in consideration of the mutual covenants and benefits
contained herein, which sufficiency is acknowledged by execution be. iow, DEVELOPER and
CITY agree as follows:
SENT BY:AKIN 6IJ~, ~ AL ;10- 8-93 ; 4:58PM ;D~lltS, TX #3 - 53434 214 393 0948;# 4/ 7
1. Prior to the issuance...,of a cert. ific-~ta af t-w~.ll_nanc_v for a use nfl .proposed
Lot 1, Block 1; Lot2, Block 1; orLot 3, Block 1 of the Re-PEat of Block I 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, S__outhwestern...Boulevard must either
be constructed as a four Inne tth, ld~ thorou~h~r~, from Belt Line Rond m the
westernmost point contiguous to the Southwestern Boulevard fight-of-way of the lot for
,which,,an appli,.~ion ~'r,r. ,~.~flcnte. of o~cuoanev h~ h,~, Inl_~, with the Ci, ty, _or fees
for such construction must be placed in an escrow account with the CITY.
:2. In the event CITY determines that the average daily traffic on
Southwestern Boulevard exceeds 8000 trips per day, DBV~I.OPI~R agrees to construct
Southwestern Boulevard as a four lane divided thoroughfare from Belt Line Road to the
westernmost point contiguous to thc Southwestern Boulevard right-of-way of Lot 1,
Block ! of the Re=Plat, or place fees for such construction in escrow with the CITY.
3. This Agreement satisfies any and all obligations of DEVELOPER to
provide for the construction or escrow of fees for construction of Southwestern Boulevard
and all improvements thereto 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 land and are fully binding on all succ~sors, heirs, and assigns of DEVELOPER
who acquire any right, title, or interest in or to thc Property, or any pm-t thereof. Any
person who acquires any right, title, or interest in or to the Property, or any part thereof,
FOR ~)UTlt~ BOULKVARI) - Puge 2
SENT BY:Al(IN 6UMP, ET AL ;10- 8-93 ; 4:59PM ;DAli.AS, TX #8 - 83484 214 ~9~ 0948;# 8/ 7
thereby agrees and covenants to abide by and fully perform the provisions of this
Agreement.
5. A_vplicabl¢ Ordinance_~, Deve. lopment 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 ProperS.
6. Severabi!ity_ of Provisiort~. If any article, paragraph, section, sentence,
clause or phrase of this Agreement shall bo 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 bc affected thereby. It is hereby
declared that said remaining articles, paragraphs, sections, sentences clauses and phrases
would have been and are impo~sed irrespective of the fact that any one or more other
paragraphs, sections, sentences, clauses or phra.~es shall become or be illegal, null or
void.
7. GOVERNING LAW. THIS DECLARATION AND THE RIGHTS OF
THE OWNF.,RS HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE
STATE OF TEXAS.
DgVF, I.OPlllit'$ AGK~liMliNT FOR SO~'lf~,N BOI~I~VARD - Page
SENT BY:AKIN 6UblP, ET AL ;10- 8-98 ; 4:59P~ ;DAli.AS, TX #fl - 5848~ 214 898 0048;# 6/ 7
THE PRENTISS/COPLEY INVESTMENT GROUP,
A Delaware general partnemhip
By:
Prentiss Property Investments, L.P.,
a Delaware limited partnership,
its managing venturer
By:
Prentiss Property Investments, Inc.,
a Delaware corporation,
J. ts general partner
Name:
Title:
CITY OF COPPELL, TEXAS,
A Texas municipality
Name:
Its:
FOR 801rrIIwF. sTILRN BOI. II~VARB - l~e 4
SENT BY:AKIN 6UMP, ET AL ;10- 8-93 ; §:00PM ;DAllAS, TX #3 - §8434 214 393 0948;# 7/ 7
STATE OF ~$ §
COUNTY OF DALI.AS §
This instrument was executed before me, the undersigned notary public, on
1993, by
, , thc
of Prentiss Property Investment. s, Inc., a Delawa~ 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:
Notary Public in and for the
State of Texas
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was executed before me, thc undersigned notary public, on
., 1993, by ., the
of the City of CoppeH, Texas, a municipal corporation, on
behalf of said municipal corporation.
My Commission Expires:..
Notary Public in and for the
State of Texas
O~tobw B, ll~el~ 4:1B I~1
DEVBI~I'ER'$ AGR~ FOR SOUFliWF, S'I~ BOUIArVARD - Page S