Cottonwood Est-ES 940614STATE OF T~XA~
COUN'I~ OF DALLAS
DRAINAGE AGREEMENT
T~is qreement is made and entered into, by and between the City of Coppell, Texas,
a home rule city and municipal corporation of Texas (hereinafter referred to as "CTI~') and
Stan Waldrop (bereinmfter referred to as "OWNER').
WtiY.,RF.,AS, Stnn Waldrop ("OWNER"), desires to construct drainage improvements
at 149 Cottcmwood Drip, bein$ Lot 7, Block A of Cottonwood Estates Addition, an
addition to the City of CoM~II, Dallas County, Texas, and being more particularly desan'bed
in Exhibit "A# attached l~reto and incorporated herein by reference ("PROPERTY"); AND
1. The OWNE~ agrees to design, construct and take full responsibility for the
adequacy of the drainase improvements to be made to the PROPERTY. The drainage
improvemems ~nerally are described as including approximately 208 linear feet of dual 42-
inch RCP's, 136 linear f~et of 12-inch RCP, one (1) Type "C" Headwail, two (2) 6:1
Headwallrs one (1) modified type y-inlet and the optional construction of a 125 fi. by 235
ft. pond in the City of CoM~H, Texas. All improvements shall be made in accordance with
the aM~roved construction plans entitled "Drainage Improvements at 149 Cottonwood Drive-
Project No. a001-13', dasd June 10, 1994, and attached hereto and incorporated herein by
referen~ ss F. xln~t "B' OJare~r referred to as ~ITROJEC~).
2. All co~ts of the PROJECT shall be borne by the OWNER.
3. The OV~qF~'S contractor shall obtain all appropriate bonds and permits from
the CITY and pay all applicsble fees prior to start of construction.
4. After all improvements are completed and are in substantial ,compliance with
the final plans and s~tiom, thc CITY shall approve and accept the tmprovemeuts.
5. If any party hereto fails to abide by his.obligations hereunder, then any other
party hereto, shall, in addition to any rights or rcmedtes available to such other party at taw
or in equity, be entitlmd to tmrminate this asreemcm or to enforce specific performance of
the defaultin$ party's obligations hereunder.
6. This agreement, along with attachments and other construction documents
referred to herein, contain the entire understanding between and among the parties hereto
relating to thc improvements, and shall be binding upon and inure to the benefit of such
parties, and their respective successors, heirs, assigns and legal reprcsentatives, ff any action
in law or equity is brought to enforce or interpret the provisions of this agreement, the
prevailing party shall be entitled to reasonable attorneys' fees in addition to any other
remedy to which the party may be entitled.
7. The validity of this agreement and any of its terms and provisions as well as
the rights and duties of the parties shall be governed by the laws of the State of Texas; and
venue for any action concerning this agreement shall be in Dallas County, Texas.
8. This agreement shall be amended only by mutual agreement of the parties,
in writing, to be attached to and incorporated in this agreement.
9. 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, illegality, or unenforceability shall not affect any other provisions, and the
agreement shall be construed as if such invalid, illegal, or unenforceable provision had never
been contained in it.
10. Any notices required or permitted to be delivered hereunder shall be deemed
received when sent by United States mail, postage prepaid, certified mail, return receipt
requested, addressed to the CITY or OWNER, as the case may be, at the address set forth
below the signature of the party.
EXECUTED the /~ ~ day of
CITY OF COPPELL
,1994.
STAN WALDROP
Mayor Tom Morton
Stab Wald~0'p
P. O. Box 478
Coppell, Texas 75019
149 Cottonwood Drive
Coppell, Texas 75019
ATIEST:
L'~ty Secretary / /¢O~'/,(/6"
Drainage ~qgreement - Page 2 AGG0584F
APPROVED AS TO FORM:
Peter G. Smith, City~(ttomey
Drainage Agreement - Page 3
EXHIBIT "A" ~
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1'49 COTTONWOOD 'DRIVE