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North Hills Prep 2003/07/23July 23, 2003 Marlene Yanelli North Hills School 606 E. Royal Lane Irving, Texas 75039 Dear Ms. Yanelli: tfully, Witt ity Manager JW:kb T H E •C 1 T Y •O F COPPELL ‘0,,‘ RE: Coppell Education Development Corporation The Council met last night and approved the enclosed grant for $17,223.52. The most recent estimate of sales tax collections from the Director of Finance indicates that the entire amount will be available for North Hills School. Please have the two originals signed and notarized, and return them to me. Once the Coppell Education Development Corporation has signed them, I will return one fully executed original to you for your files. If you have any questions, please feel free to give me a call at (972) 304 -3618. 255 PARKWAY * P.O.BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673 STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION COUNTY OF DALLAS § GRANT AGREEMENT This Educational Development Grant Agreement ( "Agreement ") is made by and between the City of Coppell, Texas ( "CITY "), Coppell Education Development Corporation ( "CEDC ") and the North Hills School (the "NHS "), acting by and through their respective authorized officers. WITNESSETH: WHEREAS, the CITY is authorized by TEX. Loc. Gov'T CODE § 379A to provide educational development grants to publicly funded institutions through the CEDC for the promotion of literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CITY seeks to support programs for promoting literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the NHS has submitted a grant application No. 2003 -SOl to provide funding for Spanish language textbooks and equipment for the NHS foreign language labs, including a mobile console, instructor controls, and wireless headsets to be used by all students in grades one through twelve (the PROJECT) for the purpose of learning Spanish; and WHEREAS, the NHS has developed the PROJECT in order to raise the foreign language levels of all the students, including economically disadvantaged; and WHEREAS, NHS is in need of funding the Spanish language textbooks and equipment for their foreign language labs, and seeks the assistance of the CEDC; and WHEREAS, the CITY has determined that making an education development grant to the NHS in accordance with this Agreement will further the objectives of the CITY, will benefit the CITY and the CITY'S inhabitants and will promote foreign language in the CITY; NOW THEREFORE, in consideration of the foregoing, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged on the terms and conditions hereinafter set forth, the parties agree as follows: COPPELL EDUCATION DEVELOPMENT GRANT Page 1 GENERAL PROVISIONS 1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to provide the NHS an education development grant (the "GRANT ") in an amount not to exceed Seventeen Thousand Two Hundred Twenty -three Dollars and Fifty -two cents ($17,223.52). 2. NHS agrees to utilize the GRANT to purchase Spanish language textbooks and equipment for the NHS foreign language labs, including mobile console, instructor controls, and wireless headsets for all students in grades one through twelve within the NHS, which serves a total of 77 Coppell students. 3. CITY agrees to provide the GRANT of Seventeen Thousand Two Hundred Twenty - three Dollars and Fifty -two cents ($17,223.52) funds payable semiannually with first payment due no earlier than August 1, 2003. Funds to be expended in accordance with the budget categories set forth in the GRANT application. 4. No later than November 15, 2003 the NHS shall submit the receipts for Spanish language textbooks and equipment purchased for this GRANT to the CEDC. The detailed expenditures shall include, but not be limited to, copies of invoices. 5. In the event the NHS breaches any of the terms of this AGREEMENT or fails to use the GRANT for the purposes set forth herein, then the NHS, after expiration of the notice and cure period described herein, shall be in default of this AGREEMENT. As liquidated damages in the event of such default, the NHS shall, within thirty (30) days after demand, repay to the CITY, the GRANT with interest at the rate of eight percent (8 %) per annum from the date of receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of default would be speculative and difficult to determine. Upon breach by NHS of any obligations under this AGREEMENT, the CITY shall notify the NHS in writing, who shall have thirty (30) days from receipt of the notice in which to cure such default. If NHS fails to cure the default within the time provided herein, or, as such time period may be extended, then the CITY at its sole option, shall have the right to terminate this AGREEMENT without further notice to the NHS. 6. The terms and conditions of this AGREEMENT are binding upon the successors and assigns of all parties hereto. This AGREEMENT may not be assigned without the express written consent of CITY and CEDC. 7. It is understood and agreed between the parties that NHS, in the use of the GRANT and in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with these actions. NHS agrees to indemnify and hold harmless the CITY and the CEDC from all such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney's fees, of any nature whatsoever arising out of the NHS'S performance of the conditions under this AGREEMENT. 8. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage pre -paid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the signature of the party. 9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for any action concerning this AGREEMENT shall be in the State District Court of Dallas County, Texas. 10. In the event any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, COPPELL EDUCATION DEVELOPMENT GRANT Page 2 illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. EXECUTED this day of , 2003. ATTEST: COPPELL EDUCATION DEVELOPMENT GRANT Page 3 CITY OF COPPELL, TEXAS By: JIM WITT, CITY MANAGER 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: EXECUTED this day of , 2003. COPPELL EDUCATION DEVELOPMENT CORPORATION By: JERRY COKER, PRESIDENT 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 By: SIGNED this day of , 2003. STATE OF TEXAS COUNTY OF DALLAS My Commission Expires: NORTH HILLS SCHOOL By: RAYMOND E. DOERGE DIRECTOR OF STUDENT LIFE North Hills School 606 E. Royal Lane Irving, Texas 75039 ATTEST: This instrument was acknowledged before me on the day of 2003, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. COPPELL EDUCATION DEVELOPMENT GRANT Page 4 By: CITY'S ACKNOWLEDGMENT Notary Public, State of Texas STATE OF TEXAS COUNTY OF DALLAS My Commission expires: STATE OF TEXAS COUNTY OF DALLAS My Commission expires: COPPELL EDUCATION DEVELOPMENT CORPORATION This instrument was acknowledged before me on the day of 2003, by Jerry Coker, President of Coppell Education Development Corporation, on behalf of said corporation. This instrument was acknowledged before me on the day of 2003, by Raymond E. Doerge, Director of Student Life, North Hills School, on behalf of said school. COPPELL EDUCATION DEVELOPMENT GRANT Page 5 NORTH HILLS SCHOOL Notary Public, State of Texas Notary Public, State of Texas