CF-Andrew Park 1-CN 871124PARK LAND DONATION AGREEMENT
This Park Land Donation Ag~reement ("A~reement") i~ made and
entered into as of the~'~.- day of ~_~ , L987,
between Coppell Town Center, Inc. (together with its successors
and assigns, "Donor"), a Texas corporation, acting by and
through its duly authorized officer, and the City of Coppell,
Texas (the "City"), a municipal corporation and political
subdivision of the State of Texas, acting by and through its
duly authorized Mayor and City Administrator.
WHEREAS, Donor is the owner of that certain tract of land
described in Exhibit A attached hereto and incorporated herein
by reference for all purposes (the "Park Site"); and
WHEREAS, Donor contemplates that a third party (the "Lake
Developer") will excavate, grade and grass a portion of the
Park Site for the purpose of creating a lake (the "Lake") on
the Park Site; and
WHEREAS, preliminary plans and specifications for the Lake
setting forth the general requirements for water depth,
drainage, grading, soil conditions and grassing of the Park
Site are attached hereto as Exhibit B and incorporated herein
by reference for all purposes (the "Preliminary Plans"); and
WHEREAS, prior to the commencement of construction of the
Lake by the Lake Developer, final plans and specifications for
the Lake (the "Final Plans") will be reviewed for approval by
the City; and
WHEREAS, one of the areas of the City which would be
benefited by the City's acquisition of the Park Site, including
the Lake, is the contemplated Lake Park Village Addition to the
City (the "Subdivision"); and
WHEREAS, the City wishes to acquire additional park lands
and a lake to enhance the quality of life within the City; and
WHEREAS, the Park Site is located adjacent to existing park
lands owned by the City, and the City wishes to acquire the
Park Site, including the Lake, as an addition to the City's
park lands; and
WHEREAS, the purpose of this Agreement is to set forth
certain terms and conditions upon which the City will acquire
the Park Site, including the Lake;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that Donor
and the City agree as follows:
1. Plan(s) Approval. By the City's execution of this
Agreement, the City acknowledges and agrees that the
Preliminary Plans are approved by the City. Prior to the
commencement of construction of the Lake by the Lake Developer,
the Final Plans will be submitted to the City's engineer for
approval. The approval of the Final Plans by the City shall be
in writing and shall not be unreasonably withheld or delayed.
2. Tripartite Agreements. Ail design and construction
work relating to the Park Site, including the Lake, will be
performed pursuant to agreements among the City, the Lake
Developer, construction contractors and design professionals
(the "Tripartite Agreements"). The Tripartite Agreements must
be in all respects acceptable to the City, but it is expressly
understood and agreed that Donor shall have the sole right to
designate the Lake Developer and that the City will accept the
party designated by Donor as the Lake Developer. Upon the
request of either Donor or the Lake Developer, the City agrees
promptly'to ente~ into negotiations to approve the form of the
Tripartite Agreements and the parties thereto to serve as
construction contractors or design professionals. The City
hereby approves Roberts & Dowdy Civil Engineers as design
professionals acceptable to the City for the preparation of the
Preliminary Plans and the Final Plans.
3. Completion. After the completion of the work
specified in the Final Plans (the "Work"), the Lake Developer
will notify the City in writing of such completion (the
"Completion Notice"). Within fourteen (14) days after the
City's receipt of the Completion Notice, the City's engineer
will inspect the Work. The City's engineer will not
unreasonably withhold or delay approval of the Work if the Work
has been completed without material deviation from the Final
Plans. Upon the City's engineer's approval of the Work, the
City will issue written approval of the Work to the Lake
Developer. As used herein, the term "Completion Date" means
the date upon which the City issues written approval of the
Work to the Lake Developer.
4. Conditions Precedent. As used in this Agreement, the
term "Conditions Precedent" means: ([) approval of the Final
Plans by the City; (ii) approval of the Tripartite Agreements
by the City (which shall be established by the City's execution
of the Tripartite Agreements); (iii) written approval of the
Work by the City; (iv) the passage of a period of time from the
Completion Date ending on the later of two (2) years after the
Completion Date or one and one-half (1.5) years after the date
that the Lake initially fills to its normal water level (as
normal water level is defined in the Final Plans); (v) the Lake
is holding water (taking into account reasonable water
fluctuations caused by weather conditions) and is in
substantially the same condition as it existed on the
Completion Date, excepting minor erosion (gouges or ruts of
less than six inches from the original grade of the Lake banks
shall be deemed minor erosion); and (vi) the completion of
foundations for homes on seventy-five percent (75%) or more of
the lots contained in the Subdivision.
5. Conveyance of the Park Site. The City agrees to
acquire the Park Site within thirty (30) days after the
satisfaction of the Conditions Precedent. The Park Site will
be acquired by the City's acceptance of a direct conveyance or
through the City's exercise of an option to acquire .the same
donated to the City by Donor. The conveyance of the Park Site
tO the City will be by special warranty deed which shall not
impose any restrictions on the use or ownership of the Pa~k
Site by the City other than the use of the Park Site as a
public park. Other than the restriction on the use of the Park
Site as a public park, the Park Site shall be conveyed to the
City free and clear of all liens or encumbrances except
encumbrances approved by the City. If the City fails to
acquire the Park Site within thirty (30) days after the
satisfaction of the Conditions Precedent, Donor shall have the
right to enforce specific performance of the City's duties and
obligations under this Agreement.
6. Ownership Responsibilities and Defects. Upon the
City's acquisition of the Park Site, the City shall become
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responsible for all maintenance, repairs, utility costs, taxes
and other costs, expenses, claims and liabilities relating to
the ownership or use of the Park Site and all improvements made
thereto or placed thereon; provided, however, the foregoing is
not intended and shall not be construed to waive, release or
otherwise affect any claims of the City against any of the
parties to any of the Tripartite Agreements.
7. Interim Period. During that period beginning on the
Completion Date and ending on the date of any termination of
this Agreement or the date that the City acquires the Park Site
(the "Interim Period"), the City agrees that the City will take
any action reasonably requested by the owner of the Park Site
(at the expense of the owner of the Park Site) to make it clear
that the Park Site ~s not a public park and that the public is
not entitled to entry thereon or use thereof.
8. Termination Rights. Donor shall have the right to
terminate this Agreement by delivering written notice of such
election to the City at any time prior to the date that
excavation for the Lake is commenced (the "Commencement
Date"). [n consideration of and as a material inducement to
Donor and/or the Lake Developer to undertake the actions
contemplated herein, the City agrees that the City is bound by
this Agreement unless the Commencement Date does not occur on
or before October 1, 1988. If the Commencement Date does not
occur on or before October 1, 1988, the City shall have the
right to terminate this Agreement by delivering written notice
of such election to Donor at any time prior to the occurrence
of the Commencement Date. If, after the occurrence of the
Commencement Date, the Completion Date does not occur on or
before December 31, 1989, despite good faith, reasonable
efforts by the Lake Developer and the City to achieve the
Completion Date, either Donor or the City shall have the right
to terminate this Agreement by delivering written notice of
such election to the other prior to the occurrence of the
Completion Date. If, after the occurrence of the Completion
Date, the Conditions Precedent cannot be satisfied and the Park
Site conveyed to and accepted by the City on or before three
(3) years after the Completion Date, either Donor or the City
shall have the right to terminate this Agreement by delivering
written notice of such election to the other prior to the date
that the Park Site is conveyed to and accepted by the City.
9. Acknowledqment of Donation. If the Park Site is
conveyed to the City, the City acknowledges and agrees that:
(~) the donation of the Park Site to the City will greatly
enhance the quality of life in the City and constitutes a
charitable donation to the City; and (ii) the City has no
obligation with respect to such charitable donation except as
set forth herein.
10. Subd[v£sion. The City agrees that the City will not
impose any requirements in connection with the platting or the
development of the Subdivision requiring the completion of the
Lake or the donation of the Park Site as conditions precedent
to such platting or development.
ll. Complete Agreement. This Agreement embodies the
complete agreement between Donor and the City with respect to
the subject matter hereof and cannot be varied or amended
except by an instrument executed by both Donor and the City.
12. Bindinq Effect. This Agreement shall be binding upon
and inure to the benefit of Donor and the City and their
respective successors and assigns.
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EXECUTED as of the date first above written.
DONOR:
COPPELL TOWN CENTER, INC.
By
Title
THE CITY:
CITY OF COPPELL
ATTEST:
APPROVED AS TO FORM:
4181S
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EXHIBIT A
Park Site
£XHIBIT
BEING a tract of land situated in the William A. Triable Survey, Abstract No. 1268
and the Heirs of Gilbert C. Woolsey Survey, Abstract No. 1042 in the City of Coppell,
Texas and being part of a tract of land as described in deed from Good Associates,
Inc. to M. Douglas Adkins, Trustee, as recorded in Volume 76188, Page 2355 of the
Deed Records of Dallas County, Texas and being more particularly described as follows:
BEGINNING at the most northwesterly corner of pAR~WOO0-SECTION TWO, an addition
to the City of Coppell as recorded in Volume 84232, Page 1938 of the Deed Records
of Dallas County, Texas;
TltENCE South 35'04'45" West, along the northwesterly line of a 20 foot alley in
said Patkwood-Section Two, a distance of 383.69 feet to an iron rod set for angle
point;
THENCE South 31'06'45" West, continuing along a northwesterly line of said addition,
a distance of 524.80 feet to an iron rod set for angle point;
TltENCE South 35'25'57" West a distance of 436.31 feet to an iron rod set for corner;
TUENCE North 18'22'14" West a distance of 29.92 feet to an iron rod set for angle
point;
THENCE
point;
THENCE
THENCE
point;
THENCE
point;
THENCE
point;
TtlENCE
point;
THENCE
point;
THENCE
point;
THENCE
THENCE
TItENCE
pomnt;
~{ENCE
point;
THENCE
THENCE
point;
THENCE
point;
THENCE
point;
THENCE South 19'34'37" West a distance of 70.00 feet to the POINT OF BEGINNING and
containing 1,403,801 square feet or 52.2269 acres of land.
North 15*09'55" West a distance of 1008.0S feet to. an iron rod set for angle
North 16'14'58" West a distance of 233.68 feet to an iron rod set for corner;
North 73'01'39" East a distance of 68.48 feet to an iron rod set for angle
North 63°46'39'' East a distance of 100.00 feet to an iron rod set for antic
North 40'21'39" East a distance of 78.00 feet to an iron rod set for angle
North 35'18'40" East a distance of 49.94 feet to an iron rod set for angle
North 5'19'07" East a distance of 1S9.80 feet to an iron rod set for angle
North 4'31'39" East a distance of 181.00 feet to an iron rod set for angle
North 50°36'59'' East a distance of 342.00 feet to an iron rod set for corner;
North 32'31'39" East a distance of 114,16 feet to an iron rod set for corner;
South $7°28'21'' East a distance of 1S8.43 feet to an iron rod set for angle
South 77'57'13" East a distance of 55.84 feet to an iron rod set for angle
South 55°46'17'' East a distance of 815.92 feet to an iron rod set for corner;
South 25'12'30" West · distance of 144.88 feet to an iron rod set for angle
South 32°24'15" West · distance of 180.98 feet to ·n iron rod set for angle
South 4a°$4'37'' West · distance of 155.OO feet to an iron rod set for anlle
EXHIBIT B
Preliminary Plans and Specifications
/'
EXIIIBIT B
SECTION II
PARK PLANS
Required Grassing of Lake Perimeter
STANDARD SPECIFICATIONS
BERMUDA SEEDING
(Non-Irrigated Areas)
MATERIALS - Seed shall be fresh, clean, dry new-crop seed
composed entirely of Common Bermudagrass (Cynodon
dactylon), free from Johnsongrass and other weed
seeds, as regulated by Federal Seed Act and
applicable state seed laws. The seed shall be
hulled, extra fancy grade, treated with fungicide
and tested for minimum percentages of purity and
germination as follows:
Pure live seed content of not less than 85
percent, using the formula: % purity x
% germination.
Seed shall be labeled in accordance with U.S.
Department of Agriculture regulations. Fertilizer
shall be a balanced complete fertilizer. The dry
weight percentage shall be 13-13-13. Phosphate
shall be slow release.
RATES
METHODS
Bermuda Seed 50 lbs. per acre
Fertilizer - Balanced 13-13-13 - 400 lbs. per acre
Seed shall be applied using the Hydro-seeding
method. Immediately after this application, the
seed shall be incorporated into existing soil
using a "Brillion Seeder Packer" or approved
equal.
SCHEDULE - Seeding shall occur no earlier than April 15, nor
later than August
COMPLETION -The grassing shall be deemed complete when an aver-
age coverage of 85% of the seeded area is established.
EXHIBIT B - SECTION III
D-FW Engineer,'ng & Testing Inc.
P.O. Box 1247 · Euless, Texas 76039-1247
Phone 817-540-2622
PARK PL~_NS
Required Soil Condition of Lake Bottom
August 28, 1987
Univest Development Corp.
North Central Plaza lI
12'770 Coit Road
Suite 1215
Dallas. Texas 75251
Attn: Mr. Tom Wise
Re:
Condition Survey
Proposed Lake Bottom
Section G
ParKs of Coppel!
Coppell, Texas
83-1068
[)ear' Hr. Wise:
Enclosed please find Boring Logs and Boring Location Map of those
borings included in Section G of the above ref'erenced project. Ti%ese
borings were drilled in 1983 as a part of a preliminary investigation
throughout the Parks of Coppell.
It is our understanding that a major portion of Section G will comprise
a small lake. We further understand that the bottom of this lake will
lie at approximate elevation 436, which is presently 15± below existing
ground surface. In analyzing Borings 28 through 35 at a depth of
15 feet, we find that the materials comprise brown to tan clays or
sandy clays. The pure clays are considered impervious. The sandy
clays at that depth are also relatively impervious.
In our opinion, there should be little chance of major moisture
migration from the confines of the lake. It is possible, however, that
leakage may occur from some undiscovered predominantly sandy zone.
Discovery of such a zone can only be achieved during the excavation
process. Should a sandy zone be uncovered, the area must be isolated
and plated utilizing the heavier clay material. Successfully plating
of the sandy zone requires a minimum of two (2) feet of compacted
heavy clay.
Soils & Materials Engineers --
Construction Materials Testing & Inspection
August 28, 1987
Univest Development Corp.
Mr. Tom Wise
Page -2-
I trust this is the information you desire, and if we can be of
further service, please call on us.
Respectfully submitted,
D-FW ENGINEERING & TESTING, INC.
President
LLH/gde
cc
enclosure
Soils & Materials Engineers --
Construction Materials Testing & Inspection
FIELD LOG OF
PROJECT: Parks of Coppell, Borrow Sources,
CLIENT: Univest Corp., Dallas, Texas
Date: 6-5-83 Type: t
I,~ ILegend:
- ~ [] Jar Sample ~Penetration
;~~ ~: ~u~ ~ Core ~Water
~m ~ ~
~ Description of Stratum
-5- 'k, Dark Brown Clay
?an Ctay
Bottom ~ 20 Feet
BORING
CoppeZl
gcr
BORING NO.: 28
LOCATION:
Ground Elevation:
LABORATORY T£STS
MC LL PL I'1 -200 Qu,psf Den.
I L .... I .... I--T- I
FIELD LOG OF BORING
PROJECT: Parks of Coppell, [~orrmw Sources, Coppell, Texas BORING NO.: 29
CLI£~IT: Unive~t Corp., Dallas, Texas LOCATION:
Date: 6-5-83 Type: Auger Ground Elevation:
~ Legend:
- ~ o ~ Jar Sable ~]Penetration LABO~TORY TESTS
~ I Core ~ Water
g~ ~ ~ ~ __ MC ll PL I'I -200 Ou,psf Den.
~ Description of Stratum [-~-~ ~ ~
- 5 - x~ ~ Dark Brown Clay ......... ___
-~o
~. '." 11'-17'
-15- ~..~ Brown Sandy Clay
~ Tan Clay
Bottom 2 20 feet
FIELD LOG OF BI;bRING
PROJECT: Parks oI' CoppelL, Bott'ow Sources, Coppell, Texas BORING NO.: 30
CLIENT: Univeat Corp., Dallas, Texas LOCATION:
Date: 6_5_8~ Type: Auger Ground Elevation:
~ Legend:
o ~ Jar Sable ~]Penetration LABO~TORY TESTS
~ ~: ~ ~ Core
~ m ~ o ~ MC LL PL I,~ -200 Qu,psf Den.
__~
x Tan Clay
-~o-' ' ...... I I .t I I 1
Boggom
FIELD LOG OF BORING
PROJECT: Parks of Conp~l Borrow ° ~ , ,
. - , oour-'cs Coppell Texas BORING NO.: 31
CLIENT: Univest CoPp., Dallas, Texas LOCATION: As Shown
Date: 6-20-83 Type: Auger Ground Elevation:
~ Legend:
- ~ ~ ~ Jar Sable ~Penetration LABO~TORY TESTS
~ ~ Core ~Water
~ ~ o ~ MC LL PL PI -200 Qu,psf Den
Description of Stratum
., /l:~:.~'il: Broun Silty Loam Topsoil -
. ~ Dark Brown Sandy Clay
'~ Light Browr, Clay 9'-20' L~ ..... r5~~--l 30 I I I
-15- ~
-~o ~ I I I I I I
Bottom ~ 20 feet
_ I I ~ i 1 I
_l
I I t I I I
FIELD LOG ~OF BO~ING
PROJECT: Parks of Coppell, Borrow Sourc~s, Coppell, Texas BORING NO.: 32
CLIENT: Unives, t Corp., Dallaz, Texaz LOCATION: As Shown
Date: 6-20-83 Type: Auger Ground Elevation:
~ Legend: ~
- _~1 ~ ~ ~ Jar Sable ~Penetration LABO~TORY TESTS
~ ~ ~ moore ~Water
o~ ~~ ~ :~ ~ HC LI. PL I'l -200 Qu,psf Den.
~ [j Brown Sandy Silt
'~ Dark Brown Sandy Clay
lO
N. Tan Clay
~o--' ,., I I ~ I I I
Bottom ~ 20 feet
FIELD LOG OF BORING
PROJECT: Parks of CoppelZ, t-~orrow Sources, Coppe[}~, Texas BORING NO.: 33
CLIENT: Univesc Cor'p. , Dalla:~, 'l'exa~ LOCATION:As Shown
Date: 6-20-83 Type: Auger Ground Elevation:
~ Legend:
- ~ o ~ Jar Sadie ~Penetration LABO~TORY TESTS
~ ~ ~ ~ Core ~Water
~J ~ ~ ~ .... MC LL PL I'1 -200 Qu,psf Den,
~escription of Stratum
~' Ligh~ Brown S~l[y Loam Topsoil
~:'~:'~--;~Da~k Brown Sandy Loam (Or(~anic)
- 10. Brown Sandy Clay
,.:.~..j~
Bottom 0 20 feet
I 1 I
FIELD LOG OF BORING
PROJECT: Parks of CoDpe[l Borrow Sources Coppell Texas
CLIENT: ' ' ' ,
Date:
Univcst Corp. , Dallas, Texas
6-21-83 Type:
Auger
Legend: I
Il]Jar Sample ~Penetration
m Core ~Water
BORING NO.: 34
L0~ATION:
As Shown
Ground Elevation:
Description of Stratum
LABORATORY TESTS
MC LL PL I'1 -200 Qu,psf
I F-T-T--I
Light Brown Silty Loam Togsoil (Or~d~tc
Dark Brown Silty Loam (Organic)
Brown Sandy Clay
q'- 18'
Tan Clay
Bottom ~ 20 feet
Den.
1
FIELD LOG OF BORING
PROJECT: Parks off (ioppeil, Ik~rr¢)w Y,),lr~-c,-$, Coppe] [, 'Fexu:; BORING NO.;
CLIENT: Univest Corp., Dallas, Texas LOCATION: As .Shown
D~te: 6-21-8~ Type: Auger ~Found Elevation:
~ Legend: -
- ~ ~ Jar Sable ~Penetrat~on
~ ~ ~ ~ LABO~TORY TESTS
~ I Core ~Water
~ ~ ~ o ~ MC ll PL I'1 -200 Qu,psf Den
~ Description of Stratum ----~--] .... T-~I
._ Dark Brown Sand~Silt [Organic)
Brown Sandy Ciay 3'-'7' I~;- i~T- ._
.lo
' Tan Clay
-20 ....
Bottom ~ 20 feet