121 BP Phase 1-ES 821001DRAINAGE FACILITIES AGREEMENT
THE STATE OF TEXAS §
COUNTY OF 'DALLAS §
WHEREAs, Shell Oil Company ("Shell") has constructed
drainage facilities inSection I of the 121 Business Park,
within Coppell Municipal Utility District No. 1 (the "District"),
and such facilities are completed and have been accepted by the
District;"
WHEKEAS, Shell desires to convey said facilities to the
District pursuant to and in accordance with the District's
drainage-facilities policy, and the District is agreeable there-
to subject to the hereinafter prescribed terms and conditions;
NOW, THEP~EFORE, in consideration hereinafter prescribed
renumeration, the sufficiency of which is hereby acknowledged,
and subject to the hereinafter prescribed terms and conditions,
it is agreed by the District and Shell as follows:
1. Shell does hereby convey and transfer to District all
drainage pipes, inlets, manholes and applicable appurtenances
thereto, drainage ditches and drainage facilities of any kind
or type (the'"facilities"), and the easements therefor, within
121 Business Park as shown on the drainage plans on file with
the District.
2.' It is hereby agreed that for payment purposes, there
are 30 platted acres of land in 121 Business Park, and that 70~
of Shell's costs of the facilities exceed $2,500.00 per platted
acre of land therein. The District shall, therefore, issue its
Bond Anticipation Note in the principal amount of $75,000.00
(the "Note").
3. Shell agrees: (a) to execute such documents for re-
cording or filing as are requested by the District to evidence
the conveyance of the facilities herein described, and the ease-
ments pertaining thereto; (b) to indemnify and hold the District
harmless from any and all existing or future claims of any type
or kind arising out of, related to, or which could be asserted
in connection with the construction of the above described'drain-
age facilities; (c) to release any kind or type of lien, direct
or indirect, related to the construction of the above described
drainage facilities; and (d) to indemnify and hold harmless the
District, its past, present and future Directors, agents, engi-
neers and attorneys from liability arising out of: the refusal
of the City of Coppell to pay the Note if said City abolishes
the District; non-payment of all or a portion of said Note as
a result of disapproval by the Texas Water Con~nission; or non-
payment by the District, or its successor, because of any
dedications in the platting of 121 Business Park.
4. In computing the amount due hereunder, Shell has been
limited to 70% of its costs, not to exceed $2,500.00 per platted
acre. All. costs incurred in constructing the facilities in
excess of the costs required to obtain payment by the District
of $2,500.00 per platted acre may be carried forward to any
subsequent request by Shell for the District to purchase from
or reimburse Shell for approved drainage facilities constructed
in 121 Business Park.
5. This Agreement is subject to the provisions of the
District's Order adopted January 9, 1982, amending its Order
of December 9, 1980, pertaining to the District's participation
in water, sewer and drainage facilities, which Orders are in-
corporated herein by reference, and subject to all rules and
regulations of the Texas Water Commission applicable hereto.
6. This Agreement is executed by the duly authorized
officers of the Parties hereto in their representation capacities
to be binding on the Parties represented as of October l, 1982,
the effective date of this Agreement.
ATTEST: COPj~ELL M.U.D. NO. 1
'
[ SF..~,LI
ATTEST: SHELL OIL COMPAN~
By:
N~nager, Land Investments Dept.
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