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Connell Skaggs-CS 860508POWELL&POWELL Engineers and Consultants W. J. Powell P.E. -- 1925-1967 W. Llewellyn Powell P.E. Richard L. Powell P.E. J. Michael Millican P.E. Michael D. McKenzie May 8, 1986 P&P 1~o 3354-85-10-6 Connell Skaggs Addition Mr. Ed Powell City of Coppell 616 S. Coppell Road Coppell, Texas We are sending you attached, via U.S. Mail, the following: Copies 1 Date No. Description "Hold Harmless Agreements" for drainage from the Connell Skaggs Addition Please have the City Attorney review the enclosed documents and offer any comments you or he may have. Additionally, please verify that the City of Coppell has the authority to sign these documents. If you have any questions, or the above are not as noted, please call. POWELL & POWELL JAK:ck Enclosure cc: Mr. Kevin white - Connell Development Co. w/enc. Mr. Bill Stapp - Connell Development Co. w/enc. Ms. Pat Boorhem - Pat Boorhem Realty w/enc. Mr. Glen Hinckley - UNIVEST w/enc. LOT-1/LOT-1 3988 North Central Expressway, Suite 1130 / Dallas, Texas 75204 / (2 14) 5224660 ,/ City of Coppell P. O. Box 478 Coppell, TX 75019 Re: Development of Connell Skaggs Addition (the "Project") to be located on approximately 13.76 acres of land more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property") Skyhawk Venture ("Skyhawk"), a Texas joint venture, acting herein by and through its Managing Ven- turer, Connell Development Co., recognizes that is is responsible for the effects of drainage improve- ments constructed on the property referred to herein on any downstream property. Skyhawk certifies that there will be no material increase from the current volume or velocity of drainage water originat- ing from its property which will materially adversely affect any downstream owner of property as a result of its development of the project referred to herein; that the drainage improvements have been designed by Powell & Powell, Engineers and Consultants. Skyhawk hereby agrees to save and hold harmless the City of Coppell, Texas, from any and all claims, demands or damages caused by storm drainage water originating from the property in excess of the current volume or velocity of same which may result from the development of the project referred to above or drainage improvements located thereon. Skyhawk shall pay any damages which the City may become obligated to pay by reason of liability imposed on it as a result of water runoff improvements on the property referred to herein effected by drainage water originating from the property in excess of the current volume or velocity of same. The City agrees that Skyhawk shall have the right, but not the obligation, to conduct the defense of any suit or claim made against the City which is covered by this agreement, and the City hereby agrees to give Skyhawk notice of any such claim. The City agrees to cooperate with Skyhawk in the conduct of said suit, and the City agrees that it shall not voluntarily make payment, assume any obli- gation or incur any expense with respect to such claim or suit without the consent of Skyhawk. This letter may be relied upon only by the City of Coppell, Texas, and may not be relied upon by any other party. Executed this the day of , 1986. SKYHAWK VENTURE By: CONNELL DEVELOPMENT CO. ATTEST: By: Secretary , its ACCEPTED AND AGREED TO: THE CITY OF COPPELL, TEXAS By: Date: 3354b'85-10-6/0324-2 STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY TI!ESE PRESENTS: AGREEMENT THAT, we, Glen A. Hinckley and J. C. I~inckley, for and in consideration of the sum of TEN DOLLARS ($]0.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, do hereby enter into this Agreement with the City of Coppell, Texas, and Skyhawk Venture, according to the terms, conditions, and covenants hereinafter stated. I. THAT, we, Glen A. Hinckley and J. C. Hinckley, are the owners of approximately 4.59 acres of land out of the George Jack Survey, Abstract No. 694, Dallas County, Texas, said tract of land being that certain tract described in deed recorded in Volume 73201, Page 1722, Deed Records, Dallas County, Texas, said property hereinafter re- ferred to as the "Hinekley Property", located within the City of Coppen, Texas. II. THAT, we, Glen A. Hinekley and J. C. Hinckley, our successors and assigns, agree and covenant to hold the City of Coppell, Texas, its representatives, officers, agents, servants and employees, and Skyhawk, free and harmless from loss from each and every claim and demand of whatever nature for damages caused or occasioned by the release of storm drainage or drainage water from the Connen Skaggs Addition to the City of Cop- pell, Texas, over and across the land described as the Hinekley Property heretofore which results from the design and construction of a storm drainage system for the said Connell Skaggs Addition, which system shall contain a storm sewer outfall east of a dedicated drainage easement to the City of Coppen, Texas; said easement being dedicated by the Final Plat of Shadydale acres as recorded in Volume 42, Page 95 of the Deed Records of Dallas County, Texas; said outfall discharging at the southwest corner of the Hinekley Property, thence following an existing swale adjacent to the said drainage easement along the west line of. the Hinekley Property, and finally continuing northerly in the existing swale to Cottonwood Branch Creek. hi. THAT, this Agreement shah be a covenant deemed appurtenant to and running with the above described properties, encumbering the Hinckley Property, for the benefit of the Connell Skaggs Addition, and shall be duly recorded. IV. The drainage across the Hinekley Property is currently conveyed in a manmade swale, which is located east of and adjacent to the 20-foot drainage easement dedicated Page I of 4 3354c-85-10-6/0324-2 along the east line of Shadydale Acres. It is expressly understood that upon development of the Hinckley Property, the drainage facilities required for the development of the Hinckley Property may be constructed located wholly or partially within the existing drainage easement. V. The above stated terms, conditions and covenants of this Agreement constitute the sole and only Agreement of the parties hereto and supersedes any prior understanding, or written or oral agreements between the parties respecting the stated subject matter herein. EXECUTED to be effective on the day of which the last signature appears. Signed: , 1986. Glen A. Hinckley J. C. Hinckley THE CITY OF COPPELL, TEXAS ATTEST: By: IV..AYOR, CITY OF COPPELL, TEXAS City Secretary Signed: 1986 SKYHAWK VENTURE By: CO_NNELL DEVELOPMENT CO. , its Page 2 of 4 3354c-85-10-6/0324-2 STATE OF TEXAS ~ COUNTY OF DALLAS ~ BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Glen A. Hinckley, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of .~ 1986. Signed: ~ 1986 Notary Public in and for the State of Texas My commission expires: STATE OF TEXAS ~ COUNTY OF DALLAS S BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared J. C. Hinckley, known to me to be the person whose name is subserved to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER. MY HAND AND SEAL OF OFFICE, this the. day of ~ 1986. Signed: ,1986 Notary Public in and for the State of Texas My commission expires: STATE OF TEXAS S COUNTY OF DALLAS ~ BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared ~ known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Coppell, Texas, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ~ 1986. Notary Public in and for the State of Texas My eommission expires: Signed: j 1986. Page 3 of 4 3354c-85-]0-6/0324-2 STATE OF TEXAS ~ COUNTY OF DALLAS ~ BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared ~ known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Skyhawk Venture, and that he executed the same as the act of such venture for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of .~ 1986. Notary Public in and for the State of Texas My commission expires: Signed: , 1986. Page 4 of 4 3354c-85-10-6/0324-2 STATE OF TEXAS COUNTY OF DALLAS K.~:OW ALL MEN BY THESE PRESENTS: AGREEMENT THAT, I, William Boorhem, Trustee, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, do hereby enter into ~his Agreement with the City of Coppell, Texas, and Skyhawk Venture, according to the terms, conditions, and covenants hereinafter stated. I. THAT, I, William Boorhem, Trustee, am the owner of approximately ]0.9056 acres of land out of the George Jack Survey, Abstract No. 694, Dallas County, Texas, said tract of land being that certain tract described in deed recorded in Volume 85111, Page 1197, Deed Records, Dallas County, Texas, said property hereinafter referred to as the '~oorhem Property", located within the City of Coppell, Texas. II. THAT, I, William Boorhem, Trustee, my successors and assigns, agree and covenant to hold the City of Coppell, Texas, its representatives, officers, agents, servants and employees, and Skyhawk, free and harmless from loss from each and every claim and demand of whatever nature for damages caused or occasioned by the release of storm drainage or drainage water from the Connell Skaggs Addition to the City of Coppell, Texas, over and across the land described as the Boorhem Property heretofore which results from the design and construction of a storm drainage system for the said Connen Skaggs Addition, which system shall contain a storm sewer outfall east of a dedioated drainage easement to the City of Coppell, Texas; said easement being dedicated by the Final Plat of Shadydale acres as recorded in Volume 42, Page 95 of the Deed Records of Dallas County, Texas; said outfall beginning at the southwest corner of the Boorhem Property, thence following an existing swale adjacent to the said drainage easement along the west line of the Boorhem Property, and finally continuing northerly in the existing swale to Cottonwood Branch Creek. III. THAT, this Agreement shall be a covenant deemed appurtenant to and running with the above described properties, encumbering the Boorhem Property, for the benefit of the Connell Skaggs Addition, and shall be duly recorded. IV. The drainage across the Boorhem Property is currently conveyed in a manmade swale, which is located east of and adjacent to the 20-foot drainage easement dedicated Page 1 of 3 3354a-85-] 0-6/0324-2 along the east line of Shadyda]e Acres. It is expressly understood that upon development of the Boorhem Property, the drainage facilities required for the development of the Boorhem Property may be constructed located wholly or partially within the existing drainage easement. V. The above stated terms, conditions and covenants of this Agreement constitute the sole and only Agreement of the parties hereto and supersedes any prior understanding, or written or oral agreements between the parties respecting the stated subject matter herein. EXECUTED to be effective on the day of which the last signature appears. Signed: , 1986. William Boorhem, Trustee TEE CITY OF COPPELL, TEXAS ATTEST: By: MAYOR, CITY OF COPPELL, TEXAS City Secretary Signed: ~1986 SKYHAWK VENTURE By: CONNELL DEVELOPMENT CO. By: its 3354a-85-10-6/0324-2 Page 2 of 3 STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared William Boorhem, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 1986. day of' ~ Signed: ,1986 Notary Public in and for the State of Texas My commission expires: STATE OF TEXAS ~ COUNTY OF DALLAS ~ BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared ~ known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Coppell, Texas, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ~ 1986. Notary Public in and for the State of Texas My commission expires: Signed: ~ 1986. STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personany appeared ~ known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Skyhawk Venture, and that he executed the same as the act of such venture for the purposes and consideration tharein expressed,, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 1986. day of , Notary Public in and for the State of Texas My commission expires: Signed: ,1986. Page 3 of 3 3354a-85-10-6/0324-2