Eagle Point-CN010104STATE OF TEXAS §
§ DEVELOPMENT AGREEMENT'~' ~. ~ EE~ 5 2 ~ E~
COUNTY OF DALLAS § 03/27101 E570475 $19.00
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This Development Agreement ("AGREEMENT") is made by and between the City of
Coppell, Texas ("CITY"), and Beverly Brennan ("OWNER").
WITNESSETH:
WHEREAS, OWNER owns property described as ~ ~..,,~~at Riverchase,
Block A, Lot 49, also known as 1400 Falls Rd., located in Coppell, Texas (the "PREMiSES");
and,
WHEREAS, CITY intends to construct a Storm Drainage System (the
"IMPROVEMENTS") on the PREMiSES; and
WHEREAS, the CITY has found and determined that making a conditional
agreement with OWNER in accordance with this provisions contained in this AGREEMENT
will further the objectives of the CITY and will benefit the CITY; and
WHEREAS, the CITY and OWNER recognize that said PREMiSES require adequate
infrastructure improvements to enhance and maintain adequate drainage of the same;
NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions
hereinafter set forth and for other valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
ARTICLE I
Term
1. This AGREEMENT shall commence on the date on which all parties hereto have
executed this AGREEMENT and continue until all conditions precedent and subsequent have
been performed as provided herein.
ARTICLE II
Agreement
2. Subject to OWNER's continued satisfaction of all the terms and conditions of
this AGREEMENT, CITY agrees to provide the following:
CITY agrees to provide the labor for the construction of Storm Drainage System
on the PREMISES.
Bo
The CITY agrees to provide all the materials required for the construction of the
IMPROVEMENTS.
Development Agreement - Page 1
ARTICLE III
Termination
3. In the event OWNER fails to meet any of the conditions of this AGREEMENT,
then CITY shall give OWNER written notice of such failure, and if OWNER has not cured
such failure within thirty (30) days after receipt of such written notice, this AGREEMENT
subject to the provisions of Paragraph 8 below, may be terminated by the CITY without further
notice.
ARTICLE IV
No Conflicts of Interest
4. The CITY represents and warrants that the PREMISES or any adjacent property
upon which the IMPROVEMENTS is to be located is not owned by any officer or employee of
the CITY.
ARTICLE V
Binding Agreement
5. The terms and conditions of this AGREEMENT are binding upon the successors
and assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY.
ARTICLE VI
Limitation on Liability
6. It is understood and agreed between the parties that OWNER, in the development
of the IMPROVEMENTS and satisfying the conditions of this AGREEMENT, is acting
independently, and the CITY assumes no responsibilities or liabilities to third parties in connection
with these actions. OWNER agrees to indemnify and hold harmless the CITY from all such
claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney's fees, of
any nature whatsoever arising out of its respective obligations (but not the obligations of the CITY
or other party) under this AGREEMENT.
7. It is acknowledged and agreed by the parties that the terms hereof are not intended
to and shall not be deemed to create any partnership or joint venture among the parties. The CITY,
past, present and future officers, elected officials, employees and agents of the CITY do not assume
any responsibilities or liabilities for any future maintenance, repair or replacement of the
IMPROVEMENTS or the design, construction or operation of the IMPROVEMENTS. Further,
the CITY does not assume liability to repair or replacement of the materials furnished'in
connection with this AGREEMENT; and, CITY reserves the right to reconstruct or make further
alterations to the drainage within its easement or Right-of-way.
Authorization
o
CITY.
The undersigned is authorized to execute this AGREEMENT on behalf of the
9. OWNER represents that it has full capacity and authority to grant all fights and
assume all obligations that it has granted and assumed under this AGREEMENT.
ARTICLE VIH
Notice
10. All notices required by this AGREEMENT shall be addressed to the following, or
other such party or address as either party designates in writing, by certified mail, postage prepaid
or by hand-delivery:
If intended for OWNER, to:
Beverly Brennan
1400 Falls Rd.
Coppell, Texas 75019
If intended for CITY, to:
City of Coppell, Texas
Attn: City Manager
255 Parkway Boulevard
P.O. Box 478
Coppell, Texas 75019
ARTICLE IX
Entire Agreement
11. This AGREEMENT is the entire AGREEMENT between the parties with respect
to the subject matter covered in this AGREEMENT. There is no other oral or written
AGREEMENT between the parties that in any manner relates to the subject matter of this
AGREEMENT, except as provided herein.
ARTICLE X
Governing Law
12. The validity of the AGREEMENT and any of its terms and provisions, as well as
the fights and duties of the parties, shall be govemed by the laws of the State of Texas; and venue
for any action conceming this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
parties.
13.
ARTICLE XI
Amendment
This AGREEMENT may be amended by the mutual written agreement of the
ARTICLE XII
Legal Construction
14. In the event any one or more of the provisions contained in the AGREEMENT
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect other provisions, and the AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
15. The provisions of this AGREEMENT are hereby declared covenants running
with the PREMISES and are fully binding on all successors, heirs, and assigns of OWNER who
acquires any right, title, or interest in or to the PREMISES or any part thereof. Any person who
acquires any right, title, or interest in or to the PREMISES, or any part hereof, thereby agrees
and covenants to abide by and fully perform the provisions of this AGREEMENT with respect
to the right, title or interest in such PREMISES.
ARTICLE XIH
RECITALS
16. The recitals to this AGREEMENT are incorporated herein.
EXECUTEDinduplicateoriginalsonthis ~;~' dayo~.,~~
CITY OF ~X~_ S
By:
CITY MANAGER
!
,2oo/.
EXECUTED this the__~ day of
By:
' BE~iRLY~~',IAN, OWNER
00627
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
before m Of~ ~
~ i ~-s instrument was acknowledged e on the /__ day of .3t2~toan.~ ,
200~), by Jim Witt, City Manager of the City of Coppell, Texas,/a'~exas mtmicipality, on bel~f of
said municipality.
_
$ota~ Public, ~tate of/rexes
My Commission Expires:
OWNER'S ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
· This instrument was acknowledged before me on the
200~, by Beverly Brennan, Property Owner.
Notary Public, Sta~e-of~rexas -
My Commission expires:
FILED
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