Vista Properties-CS 880707 AGREEMENT REGARDING ADDITION OF LAND
TO DENTON COUNTY ROAD UTILITY NO. 1 AND OTHER MATTERS
WHEREAS, the CITIES of LEWISVILLE, TEXAS and COPPELL, TEXAS
(hereinafter "Coppell") have entered into certain agreements
regarding the adjustment of their boundary lines; and
WHEREAS, certain land involved in the adjustment of
boundaries between the aforementioned cities is owned and is
being developed by LOMAS REALTY, USA (hereinafter "Lomas") and
will be affected by the aforesaid change in city boundaries; and
Wq{EREAS, DENTON COUNTY ROAD UTILITY DISTRICT NO. 1
(hereinafter "the RUD"), having been created by order of the
State Highway and Public Transportation Commission (hereinafter
"the Commission"), has constructed or otherwise acquired, and
will in the future continue to do so, certain road and drainage
facilities in accordance with plans and specifications approved
by the Commission; and
WHEREAS, certain land within the present boundaries of the
RUD will be affected by the aforesaid change in city boundaries,
and Coppell and Lomas deem it appropriate and to the mutual
benefit of the parties that certain other land be added to the
RUD;
NOW, THEREFORE, in order to smoothly effectuate the change
in boundaries between the cities, Lomas and Coppell agree as
follows:
AGREEMENT REGARDING ADDITION OF LAND
PAGE 1
I. ADDITION OF LAND INTO THE RUD
Lomas agrees to petition the Board of Directors of the RUD
to approve the addition into the RUD of certain land owned by
Lomas and constituting a portion of that developmental project
known as VISTA RIDGE (hereinafter "Vista Ridge"); such land is
described as Tract and Tract (hereinafter "the Lomas
Tracts") on Exhibit "A" attached hereto. Further, Lomas agrees
to assist and cooperate with Magnolia Investments, Inc., the
owner of certain land described as Tract __ (hereinafter "the
Magnolia Tract") on the said Exhibit "A", in the execution and
filing of a similar petition by Magnolia Investment, Inc. with
respect to the Magnolia Tract. Coppell agrees to cooperate in
the addition into the RUD of the Lomas Tracts and the Magnolia
Tract, as well as the land described as Tract on the said
Exhibit "A", said Tract being located outside the boundaries
of Coppell.
II. BRIDGES
Lomas and Coppell agree to cooperate with each other and the
RUD to insure that the MacArthur Boulevard bridge and the Denton
Tap Road bridge, both to be constructed over Denton Creek, are
included in the RUD plan to be built and financed by the RUD.
The architectural treatment of the MacArthur Boulevard bridge
shall be in accordance with the standard treatment ascribed to
other bridges within Vista Ridge, and both bridges over Denton
Creek shall be constructed in accordance with plans and
AGREEMENT REGARDING ADDITION OF LAND
PAGE 2
specifications
Highways and
Department").
finally approved by the State Department of
Public Transportation (hereinafter "the
III. MACARTHUR RIGHT OF WAY AND CONSTRUCTION
Coppell agrees to secure such right-of-way as will be
required for the construction of MacArthur Boulevard south of
Denton Creek to the existing northern terminus of MacArthur
Boulevard (hereinafter "the Right-of-Way"). The Right-of-Way
shall be aligned in accordance with the plan currently approved
by Coppell. Lomas agrees to pay the reasonable cost of
condemnation or purchase of the Right-of-Way except for any
portion thereof owned by Univest Development Company; this
payment by Lomas shall be
the extent permitted by
the Department, from the
hereafter by the RUD.
subject to reimbursement by the RUD, to
law and approved by the Commission and
proceeds of bonds which may be issued
Coppell agrees to begin purchase or
condemnation of the Right-of-Way as soon as this Agreement is
executed.
Following acquisition of the Right-of-Way by Coppell and the
addition of land to the RUD, and contingent upon approval by the
Commission and the Department, if required, the construction of
MacArthur Boulevard in the Right-of-Way, together with the
drainage required incident to such construction, shall be
expeditiously undertaken by Lomas or by the RUD if located within
the boundaries of the RUD.
AGREEMENT REGARDING ADDITION OF LAND
PAGE 3
IV. ZONING
Lomas agrees to submit to Coppell a Zoning Case plan
covering all of the land in Vista Ridge that will be within the
boundaries of Coppell. This plan, as reflected on Exhibit "B"
attached hereto, will be for zoning essentially identical to the
current zoning, taking into consideration the minor differences
in the zoning ordinances between Coppell and Lewisville. Coppell
agrees that the proposed zoning represents a reasonable and
comprehensive zoning plan for the Vista Ridge project and that
they will forthwith consider the Zoning Case and act thereon.
V. WATER AND SEWER SERVICE TO VISTA RIDGE
Coppell agrees that it shall provide to the Vista Ridge
property within Coppell, as shown on Exhibit "B" attached hereto,
the water and sanitary services necessary to service the property
in accordance with approved zoning. Initially, the parties
understand and agree that this service will be provided by
Coppell to such Vista Ridge property pursuant to a contract
between the City of Lewisville and Coppell. However, the parties
further understand and agree that Coppell may in the future
decide it is in the best interest of Coppell to service such
Vista Ridge property without the use of facilities owned or
operated by the City of Lewisville. However, in the event that
Coppell does not use the services of the City of Lewisville,
Lomas shall not bear the cost of any facilities or fees that are
necessitated because of the change in service plan from a
AGREEMENT REGARDING ADDITION OF LAND
PAGE 4
contract with the City of Lewisville to service by Coppell.
VI. FACILITY ACCEPTANCE CONSTRUCTION
Lomas agrees to complete construction in accordance with
previously approved plans and specifications, or cooperate with
the RUD in such construction, of the roads, water, sewer,
landscaping, recreational and drainage facilities contained
within that'portion of Vista
shall not require changes to
specifications of facilities
construction.
Ridge located in Coppell. Coppell
the previously approved plans and
that are either completed or under
VII. PLATTING
Lomas agrees to submit to Coppell for its approval plats
covering the land being added into Coppell and to show this land
as an addition to Coppell. Coppell shall approve the facilities
in these plats as indicated above and shall not charge fees to
Lomas if Lomas has previously met the fee requirements of another
municipality.
VIII. AMPHITHEATER PARKING
Coppell agrees that a temporary amphitheater parking area
shall be located south of Lake Vista Drive until construction of
permanent parking to serve buildings proposed to be built on the
site of the temporary parking. Owners and occupants of those
buildings shall be required to allow use by amphitheater patrons
of such permanent parking.
AGREEMENT REGARDING ADDITION OF LAND
PAGE 5
IX. REGULATORY REQUIREMENTS
This Agreement and the obligations of the parties hereunder
are subject to all rules, regulations and laws which may be
applicable by the United States, the State of Texas or any
regulatory agency having jurisdiction.
X. PARTIES IN INTEREST
This Agreement shall be for the sole and exclusive benefit
of Coppell and Lomas and shall not be construed to confer any
benefit or right on any other party.
XI. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the
parties relative to the subject matter hereof. There have been
and are no agreements, covenants, representations or warranties
between the parties other than those expressly stated or provided
for herein.
XII. AUTHORITY FOR AGREEMENT
Each party hereto represents to the other party that the
execution and delivery of this Agreement has been duly authorized
by all necessary proceedings and actions.
AGREEMENT REGARDING ADDITION OF LAND
PAGE 6
IN WITNESS WHEREOF, the parties have executed this Agreement
in multiple copies, each of which shall be deemed an original, as
of the __ day of , 1988.
ATTEST:
(SEAL)
CITY OF COPPELL
By:
Name:
Title:
LOMAS REALTY, USA
By:
Name:
Title:
AGREEMENT REGARDING ADDITION OF LAND
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