Letter re Escrow AgreementJanuary 9, 1990
Mr. Bill Riggs
Exxon Company, U.S.A.
P.O. Box 152006
Irving, Texas 75015-2006
Dear Bill,
Attached is a copy of the City Council minutes dated December 12, 1989,
which indicates CityCouncil approval of the Exxon Escrow Agreement, along
with five (5) original escrow agreement documents. Please obtain the
proper signatures necessary to execute the documents, and return all five
copies when completed.
Upon receiving the signatures of City officials, I will return one (1)
executed document to you for your records.
Please call me if you have any questions.
Sincerely,
Tary~n Paster Bowman
P&Z Coordinator
TPB/lsg
Enclosure
RIGG$
CITY OF COPPELL
For and in consideration of the mutual covenants and agreements
herein contained, the City of Coppell hereinafter called "City" and
Exxon Corporation hereinafter called "Developer", do hereby agree
as follows, to-wit:
WHEREAS, the current City policies (Subdivision Ordinance Appendix A,
Section 17) require that in new areas, a Developer install major
public improvements where required in or adjacent to said addition.
Developer has elected to develop Sandy Lake Crossing, Lot 3, Block
1, an Addition in the City of Coppell, Dallas County, Texas (See
Exhibit 1, attached). In lieu of the developers obligation to
construct their portion of Sandy Lake Road improvements and 60.43
linear feet of frontaqe still unimproved, the Developer agrees to
place in escrow $12,086.00 for the construction of aforesaid major
public improvements. This dollar amount being based on the current
pro rata charges as provided for in Appendix B of the Sub-Division
Ordinance, and is based on a future estimated cost of $200.00 per
front foot for Sandy Lake Road. This roadway is classified as a
six-lane divided major thoroughfare. The actual amount due to the
City will be based on the actual cost when constructed, and the
escrow account adjusted accordingly at that time. This escrow will
be required in lieu of the construction of a half-street.
THEREFORE, the Developer does hereby deposit $12,086.00, which will
be held in the sole name of the City in an interest bearing account
to draw interest at the current rate. No withdrawals shall be made
until such time as the above mentioned improvements are made. After
completion and acceptance of the above mentioned improvements by the
City, the difference between the escrowed funds (original amount
escrowed plus accrued interest) and the actual cost shall be refunded
to the Developer. In the event that actual cost of above mentioned
improvements exceed the escrowed funds (original amount escrowed plus
accrued interest) the Developer will be assessed the difference,
payable within ten (10) days of notice.
THE CITY may issue Building Permits on the aforesaid property without
the requirement of the aforementioned improvements, and upon deposit
of Escrow Funds described herein.
Signed and Executed this the day of
19 .
Developer Mayor
Attest:
City Secretary
ii' ~ ~.~ ;--.,:,.~,--
~,, ~,~,'~'~ FI NAL PLAT
'"} SANDY LAKE CROSSING. LOT 3. BLOCK 1,
present and stated that the business owners would be motified prior to
moving of these signs. Councilman Thomas requested that staff approach
FDIC about taking down the sign in front of the old Metropolitan Bank
Building. Following discussion on this item, Councilman Cowman moved to
~6,500.00 be approved to fund the relocation of sign, shrubbery and
trees to improve site visibility along Denton Tap Road. Councilman
Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tem
Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and
Nelson voting in favor of the motion.
Item 32: Discussion, consideration of approval of entering into an
agreement with Evaluation Associates to do a thoroughfare
enhancement study on Denton Tap Road in the amount (not to
exceed) $42,000.00.
Deputy City Manager/Finance Director Frank Trando made the presentation
to the Council. Mr. Trando stated that this item is in conjunction with
the Road Assessment Program on Denton Tap Road. Following discussion on
this item, Councilman Robertson moved that the City enter into an
agreement with Evaluation Associates to do 8 thoroughfare enhancement
study on Denton Tap Road in the amount not to exceed $42,000.00.
Councilman Thomas seconded the motion; motion carried 6-1 with Mayor Pro
Tem Wilkerson, Counci]men Thomas, Smothermon, Cowman, Robertson and
Nelson voting in favor of the motion and Councilman Morton voting
against the motion.
Item 33: Discussion, consideration of authorizing City Manager and City
Attorney to proceed with negotiations or condemnation
proceedings, as required, for securing ROW for MacArthur
Boulevard extension north from its northern terminus to
connect to MacArthur Boulevard within Vista Ridge north of
Denton Creek.
Following discussion on this item, Councilman Thomas moved that the City
Manager and the City Attorney be authorized to proceed with negotiations
or condemnation proceedings, as required, for securing ROW for the
MacArthur Boulevard extension. Councilman Morton seconded the motion;
motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas,
Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the
motion.
CONSENT AGENDA
Item 34A: Discussion, consideration of an escrow agreement from Exxon
Corporation in lieu of their obligation to construct their
portion of Sandy Lake Road improvements.
B: Discussion, consideration of an ordinance for Case #'s S-1021,
S-1023 and S-1024, to change the zoning designation from (R)
Retail, to (R-SUP) Retail Special Use Permit, on a parcel of
land located at the southeast corner of East Beltltne Road and
South Beltline Road, and authorizing the Mayor to sign.
C: Discussion, consideration of approval to authorize the City
Manager to develop a concept formula for sharing in capital
cost of the natatorium and providing information to the
Recreational Facilities Bond Committee.
D: Consideration and adoption of an ordinance abandoning an
existing drainage easement for a new document granting the
City a 15 foot drainage easement, and authorizing the Mayor to
sign. .
PAGE 12 OF 14
E. Discussion, consideration of a contract allowing Maxim
Engineers, Inc. to perform underground fuel storage tank site
assessments at 616 Coppell Road, (First Station #1), 1515 W.
Bethel (West Service Center) and 732 Deforest (North Service
Center) at a cost of 52,450.00.
F. Review, consideration and final acceptance of the Bethel
Road/Pelican drainage and the Warren Court paving
improvements, and approval of the fund pay application in the
amount of $17,473.90.
G. Consideration of approval of entering into an agreement with
TU Electric to provide dual service to the Village Parkway
Pump Station in the amount of $67,~76.00.
H. Consideration of approving a resolution authorizing the
purchase of two copier machines under the State of Texas
Purchasing and General Services Commission and authorizing the
Mayor to sign.
I. Consideration for awarding of bid to Citizens' Advocate for
designation of official newspaper.
Item number 34-E was pulled from the Consent Agenda and considered as a
separate item. Councilman Morton then moved that the remainder of the
Consent Agenda be approved with Item number 34-B carrying Ordinance
number 297-A-72, Item number 34-D carrying Ordinance number 89-462 and
Item 34-H carrying Resolution number 121259.1 and the Mayor be
authorized to sign the necessary documents. Councilman Cowman seconded
the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen
Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor
of the motion.
Item 34E. Discussion, consideration of a contract allowing Maxim
Engineers, Inc. to perform underground fuel storage tank site
assessments at 616 Coppell Road, (First Station #1), 1515 W.
Bethel (West Service Center) and 732 Deforest (North Service
Center) at a cost of $2,450.00.
Deputy City Manager/Finance Director Frank Trando stated that the
funding of this item represents a total of $6,700.00 rather than
$2,450.00 as stated in the posted caption. Following discussion on this
item, Councilman Robertson moved that funding in the amount of $6,700.00
be approved on this project. Councilman Morton seconded the motion;
motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas,
Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the
motion.
EXECUTIVE SESSION (Closed to the public)
ES-2 A. Article 6252-17, Senate Concurrent Resolution Number 83;
discussion with City Attorney concerning matters involving
privileged communication between Attorney and client:
1. MacArthur ROW acquisitions.
2. To receive from the City attorney information concerning
Council's legal position in regard to Council's response
to the DART Petitioners' Committee's request.
3. Report on SBS Concession Stand at Brown Park.
The City Council convened into Executive Session at 11:24 p.m. on
Tuesday, December 12, 1989 as allowed under the above stated article.
Mayor Wolfe adjourned the Executive Session at 12:15 a.m. on Wednesday,
December 13, 1989 and opened the public session.
PAGE 13 OF 14