Enclaves-CS 950815. ~4yC - PARKWAY DEVELOPMENT CORPORATION
August 15, 1995
City of Coppell
255 Parkway Boulevard
Coppell, Texas 75019
Re: The Enclaves on the Parkway
Partial Payment for the Storm Drainage Pipe, in Area C
re-Ia,
Dear ~
Pursuant to the Development and Maintenance Agreement between WPC -
PARKWAY DEVELOPMENT CORPORATION and the City of Coppell, we
are requesting payment of $45,000 which represents 90% of the contract
among for the storm drainage improvements for Area C.
I have attached a copy of our contract with Rodman Excavation, copies of the
invoice and copies of the checks we have written.
If you have any questions or require any additional information please call me at
214-840-0953.
Kind Regards,
David R. B!om
President
DRB/am
3960 BROADWAY · SUITE 125 * LOCKBOX 19 · GARLAND, TEXAS 75(143
TELEPHONE (214) 840-0953 · FACSIMILE (214) 278-8187
March 29, 1995
Gary Sieb
City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019
RE: Development and Maintenance Agreements for
Enclaves on the Parkway
Dear Gary:.
Please find enclosed the five execution copies of the Development
and Maintertance Agreement for the above referenced projects.
The correc~ims have been made to the Legal Description - Exhibit
A and we apologize for any inconvenience Ibis may have caused
you. We had pa:wided our affomey, Cyril Kasmir, with the wrong
infmmation when this legal description was drawn up the first time.
Please have the enclosed Agreements executed and notarized at
your earliest possible convenience and retain one fully executed
copy for yourselves. I will arrange for courier pick-up once you
have contacted me that the other four execution copies are
Again, I apologize for the inconvenience and appreciate your
attention to this matter.
Sir)~:,'erely, .
Oporations Manager
enClOSU res
cc: Cyril Kasmir - Kasmir & Krage, LLP
DEVELOPMENT AND MAINTENANCE AGREEMENT
This Development and Maintenance Agreement is entered into by
and among the following:
{1} CITY OF COPPELL, TEXAS (hereinafter called
the "City");
(2) WPC - PARKWAY DEVELOPMENT CORPORA-
TION, a Texas corporation (hereinafter called the
"Developer");
(3) PARKWAY/COPPELL PROPERTY CORPORA-
TION, a Texas corporation (hereinafter called the
"Channel Tract Owner"); and
(4) HOMEOWNERS' ASSOCIATION OF THE
ENCLAVES ON THE PARKWAY, INC., a Texas
non-profit corporation {hereinaiter called the
"Homeowners' Association").
The City, the Developer the Channel Tract Owner and the Home-
owners' Association are hereinafter indiv/dually referred to as a "Party"
and collectively referred to as the "Parties".
WlTNE88ETH:
WHEREAS, the Developer is the owner of that certain approxi-
mately 5.843 acre tract of real property that is located in the City of
Coppell, Dallas County, Texas, the legal description of which tract is
marked Exhibit A - Legal Description of the 5.843 Acre Single-Family
Tract, attached hereto and incorporated herein for all purposes, and a
map of which tract is marked Exhibit B - Map of the 5.843 Acre Single-
Family Tract, attached hereto and incorporated herein for all purposes
(hereinafter called the "Single-Family Tract"); and
WHEREAS, the Channel Tract Owner is the owner of that certain
approximately 2.729 acre tract of real property t_b~ is located in the City
of Coppell, Dallas County, Texas, the legal description of which tract is
marked Exhibit C - Legal Description of the 2.729 Acre Channel Tract,
attached hereto and incorporated herein for all purposes, and a map of
which tract is marked Exhibit D - Map of the 2.729 Acre Channel Tract~
attached hereto and incorporated herein for all purposes (hereinafter
called the "Channel Tract"); and
MAINTENANCE AGREEMENT - Page 1 of 16 Pages
CDK-~3\ ~0~-03/0~/9S~ 1:5 ~
retain the necessary parties and shall Coordinate The Developer shall
and supervise the
preparation of the budget for the improvements that are to be made to
the Single-Fam/ly Tract and the Channel Tract in accordance with the
Development Plans [hereinafter collectively called the
Bu_~.~_~,), at the sole cost and expense of the Developer. The Develop_
ment Budget shall be subject to the prior written approval of all of the
Other Parties, wh/ch approval shall not be um'ea~onably withheld. The
Development Budget may not be amended or revised without the prior
written approval of all of the Part/es, wh/ch approval sba//not be unrea-
SOnably withheld.
shall rets/n · The De~-'
~u~, part/es and shall ..... =~oper
COnstruct/on of ali · '-~rumate and supervise the
of the improvements that are to be made to the $/nSle.
Fam//y Tract and the Channel Tract in accordance w/th the Development
Plans and the Development Budget. The contracts for the construct/on
of the/mprovements that are to be made to the Single-Family Tract and
the Channel Tract {hereina/ter collect/rely cai/ed the
~"} shall be executed by the Developer and shall be subject to
the Prior written approval of all of the Part/es, wh/ch approval sba//not
be unreasonably withheld. The Construction Contracts may not be
amended or rev/sed without the Prior written approval of all of the Par_
t/es, which approval shall not be Unreasonably withheld. The construc.
t/on of the improvements that are to made to the Single-Fam/ly Tract and
the Channel Tract shall be performed /ri accordance with all applicable
laws, statutes, orc[inances, regulations, orders and restrict/ohs of the
City. The Developer shall obtain all necessary perm/ts, licenses and
approvals from all requ/site governmental author/t/es.
imPro en
shall be made by the Developer to the POrtion of the Single-Family Tract
that is designated as "Area A* {hereinafter called "~-__~_~A"] on the Devel-
opment Map. wh/ch is marked ~Exhibit E - ~'evelo ment M
"D re., ~r al/
~.}: purposes {hereinafter called the
CDK'w'~3\I042.03 0 ~r_.~.~. ~
/ 21:~°'°1:21 PM
(Al Five foot (5'} W/de sidewalk of
thotisand s/xty {1,060) lineal feaetP;Pr°x'/mately one
(13) Grass established
mately th/try-one by hydromulch of approx/_
l01,800) square feet; thOUSand eight hundred
lC} SYStem to /ri/gate
thousand ei~-~.-
~ nunared (31,80~, - '" uawty-one
(D) Seventeen 117) two /nch 12")'~1 square feet;
listed/n the streetscape plan cai/Per trees as
F/hal Plat; and subm/tted w/th the
(E) M/lsap Stone "hard edge, of
thOUSand ei a rs ·
exte..-, .. ghty (1,080~ ,-.-
'~ eight._ · .
8tlr~a~- -,-- ,-,a lrlCfle8 ~lo., .--~' wrtlCH ·
. ~ and ei"~te ~ o ) a~ove th- W/II
Wa~ers.~.__ ~' en inches ~o.. __c Water
The Area A Improvements shall be COmpleted w/th/ri one hundred
twenty (120} Worldng days
Plans and follow/ng the approval of the
the Development 13Udget by all of the Part/es. Development
The cost of the Area A Improvements shal/ be Pa/d by the Devel-
OPer; ProV/ded, hOWever, that the City shall Pay and apply the park fee
that wi// be Pa/d by the DeveloPer to the City uPon the approval and
recordation of the F/ha/Plat/n the
Hundred Eighty-F/ye Dollars amount of TWenty_S/x ThOUSand N/ne
($26,985.00} to the DeveloPer to re/mburse
the DeveloPer for a Port/on of the cost of the Area A Improvements that
are set forth above/n Subsections (A), (13), (C) and (D} of this Section (5)
UPon COmpletion of the Area A Improvements.
Unt/l the completion of
Improvements the Area A Improvements and the Area
Iwhich term is here/halter de£med), the DeveloPer shall be
resPonsible for the maintenance of Area A, the Area A Improvements and
the Common Areas. Upon the COmpletion of the Area A
and the Area 13 Improvements, the HOmeowners, Improvements
responsible for the maintenance Assoc/ation shall be
the Common Areas. °fAres A, the Area A Improvements and
The DeveloPer w/Il requ/re the bthlder Which is construct/rig
houses on the S/ngle-Farrt/ly Tract to/nstalj a five foot 15'} high decorative
metal fence /n general conformance /ri design and apPearance w/th
ex/st/rig adjacent fenc/ng alOng the rear of lots /ia Area A as each appli-
cable dwell/rig unit is COmpleted.
~rnpro en
be made by the Developer to the areas that are designated as
"Area la" (hereinafter collectively called '~e__~_~_a B") on the Development
Map: '
(A) (~rass establ/shed by hydroraulch
mately th/rty_four of approxi~
thOUsand nine hundred fifty
!34,9S0) square feet in the port/on o£Area B that
zs adjacent to the Parlcview Addition and
approximately Seventeen thOUSand two hundred
fl?,20o) square feet in the portion of Area la that
la adjacent to the Pecan Hollow Addition; and
M/lsap stone "hard edge' of approximately
hUndred fifteen ~?15) lineal feet in the portion of
8even
Area la that is adjacent to the Parkview Addition
and approximately five hUncired th/try-five ~$35)
I/heal feet in the portion of Area la that is adja-
cent to the Pecan Hollow Addition wh/ch will
extend e/ghteen inches ~I$') above the water
surface and eighteen inches ~18')'below the
water surface with a twelve inch (12') base.
The Area la Improvements shall be COmpleted within one hUndred
twenty (120J Worlcing days following the approval of the Development
Plans and the Development laudget by ail of the Parties.
The cost of the Area la Improvements shall initially be paid by the
Developer; ProVided, however, that the City shall re/mburse the Devel-
Oper for the cost of the Area la Improvements in an amount that shall not
exceed Forty-Four Thousand $/x Hundred ~ighty-l~ight Dollars
($44,68B.00) hnmediately after payments are made by the Developer in
accordance with the applicable Construction Contracts. Any additional
Lmprovements that the City deems necessary or des/rable sba//be paid
~ by the City~
Until the completion of the Area A Improvements and the Area
Improvements, the Developer shall be responsible for the maintenance of
Area la and the Area B Improvements. Upon the completion of the Area A
Improvements and the Area la Improvements, the City shall be responsi_
ble for the maintenance of Area B and the Area la Improvements.
¢7)
Unprovements Ih · The follow'
ccuvely cai/ed the "' wu~g
shall be made by the Developer to the area that is designated as "Area C"
Page $ of 16 cot<-*'"~\~°a2-Oa/o2 .
Pages
(hereinafter called "..Area C") on the Development Map (which Area C is
designated as Lot 23, Block A on the Final Plat}:
(A) Installation of approximately four hundred thirty
(430) lineal feet of storm sewer not to exceed
sixty inches (60"} in diameter; and
(B) Grass established by hydromulch of approxi-
mately nineteen thousand (19,000) square feet.
The Area C Improvements shall be completed within one hundred
twenty (120) working days following the approval of the Development
Plans and the Development Budget by all of the Parties.
The cost of the Area C Improvements shall initially be paid by the
Developer; provided, however, that the City shall reimburse the Devel-
oper for the cost of the Area C Improvements immediately after payments
are made by the Developer in accordance with the applicable Construc-
tion Contracts.
Upon completion of the Area C Improvements, the Channel Tract
Owner will convey Area C to the City.
Beginning upon the completion of the Area C Improvements, the
City shall be responsible for the maintenance of Area C and the Area C
Improvements.
(8) CHANNEL TRACT. The following improvements (hereinafter
collectively called the M.Channel Tract Improvements~) shall be made by
the Developer to the Channel Tract:
(A) Channel excavation of approximately eight thou-
sand one hundred (8,100) cubic yards of mate-
rial to dimensions of a forty-eight inch (48n) wide
top, 3:1 side slopes and a depth of eight inches
(s~); and
(B) Disposal of unusable vegetation of approxi-
mately four thousand two hundred (4,200) cubic
yards of material.
The Channel Tract Improvements shall be completed within one
hundred twenty (120) working days following the approval of the Devel-
opment Plans and the Development Budget by all of the Parties.
The cost of the Channel Tract Improvements shall be paid by the
Developer.
MAINTENANCE AGREEMENT - Page 6 of 16 Pages .
CDK-w~3 \ 1042-03/02/95-01:21 PM
Beginning upon the completion of the Channel Tract Improve-
ments, the City shall be responsible for the maintenance of the Channel
Tract, except for the portion of the Channel Tract which is designated as
Area A, which Area A shall be maintained initially by the Developer and
then by the Homeowners' Association.
(9) AERATION PUMP. The Developer shall install an aeration
pump (hereinafter called the "Aeration Pump") at the location that is
shown on the Development Map in accordance with the specifications
and requirements of the City.
The Aeration Pump shall be installed within one hundred twenty
(120) working days following the approval of the Development Plans and
the Development Budget by all of the Parties.
The cost of the Aeration Pump shall be paid by the Developer.
Beginning upon the completion of instailsation of the Aeration
Pump, the City shall be responsible for the payment of the operating
costs of the Aeration Pump and the maintenance of the Aeration Pump
that is required in addition to the manufacturer's warranty of the Aera-
tion Pump.
(10) ..RELATIONSHIP OF THE PARTIER. Neither this Development
and Maintenance Agreement nor the actions of the Parties are intended
or shall be deemed or construed by any of the Parties or by any third
party to create an agency relationship, general or limited partnership,
joint venture or any association among the Parties. The relationship
among the Parties shall be limited to the performance of the specific
obligations that are described in and contemplated by this Development
and Maintenance Agreement in accordance with the terms of this Devel-
opment and Maintenance Agreement.
(1 1) COMPLIANCE WITH LAWS. The Parties shall each perform
their specific obligations that are described in and contemplated by this
Development and Maintenance Agreement strictly in accordance with all
applicable laws, statutes, 'ordinances, regulations, orders and restric-
tions. Each of the Parties shall obtain all necessary permits, licenses,
approvals and/or exemptions from all requisite governmental authorities
prior to the implementation of the respective action with respect to which
such approval, license, permit, authorization or exemption is required.
MAINTENANCE AGRR~MENT - Page 7 of 16 Pages ~/
CDK-w*~3\ I042-03/02/95-Oi:21 PM
(121 INDEMNIFICATION. Each of the Parties hereby indemnifies
the other Parties and agrees to hold each of them harmless from any ~nd
all claims, actions, causes of action, damages, losses, liabilities, costs
and expenses (including reasonable attorneys' fees and expenses) that
are incurred by or asserted against all of the other Parties in connection
with or with respect to the performance of the specific obligations that
are described in and contemplated by this Development and Mainte-
nance Agreement that are caused by the negligence, willful misconduct
or fraud of that respective Party or the oflScers, d/rectors, employees or
author/zed agents of that respective Party.
(13) COVENANTS RUNNING WITH THE LAND. The specific
obligations of the Developer that are described in and contemplated by
this Development and Maintenance Agreement ab_all be obligations that
shall nm with the Single-Family Tract and shall be binding on all pa~tie~
hav/ng or acqu/ring any right, title or interest ~n the Single-Family Tract
or any part thereof.
Upon the completion of the Developer's obligations under this
Development and Maintenance Agreement, the Parties will execute and
deliver to the Developer a release of this Development and Maintenance
Agreement in recordable form with respect only to Lots I through 21,
inclusive, in Block A of the Single-Family Tract as shown on the Final
Plat.
(14) NO ASSIGNMENT. None of the Part/es may assign any of its
respective rights, duties, responsibilities or obligations under this Devel-
opment and Maintenance Agreement without the prior written consent of
the other Pax~es.
(15) FORCE MAJEURE. None of the Parties shall be deemed to
be in breach of this Development and Maintenance Agreement in the
event that it is prevented from performing any of its duties, responsibili-
ties or obligations hereunder as a result of acts of God, inclement
weather, riots, strikes, fires, storms, public disturbances or any rule,
regulation, statute or ordinance of the federal government, the State of
Texas, the County of Dallas, the City and/or any agency or instrumental-
ity of them having jurisdiction over the Part/es or over the Single-Family
Tract, the Common Areas or the Channel Tract.
MAINTENANCE AGREEMENT - Page 8 of 16 Pages ~/
CDK-~3 \ 1042-03/02/95-01:21 PM
(16) ENTIRE AGREEMENT. This Development and M~ntenance
Agreement and the attached exhibits, which are incorporated herein for
all purposes, supersede any and all other understandings and agree-
ments, either oral or in writing, among the Parties with respect to the
development and maintenance of the Single-Family Tract, the Common
Areas and the Channel Tract and constitute the sole and only agreement
among the Parties with respect to the development and maintenance of
the Single-Family Tract, the Common Areas and the Channel Tract. Ail
prior negotiations and a&reements among the Parties with respect to the
development and maintenance of the Single-Family Tract, the Common
Areas and the Channel Tract, including, but not limited to~ the various
correspondence among the Parties, are merged into this Development
and Maintenance AgreemenL Each Party to this Development and
Maintenance Agreement acknowledges that no representations, induce-
ments, promises or agreements, orally or otherwise, have been msde by
any Party or by anyone acting on behalf of any Party, which are not
embodied in this Development and Maintenance Agreement and that any
agreement, statement or promise that is not contained in this Develop-
ment and Maintenance Agreement shall not be valid or binding or of any
force or effect.
(17) GENDER AND NUMBER. Words of any gender that are used
in this Development and Maintenance Agreement shall be held and
construed to include any other gender, and words in the sing~dar num-
ber shall be held to include the plural, and vice versa, unless the context
requires otherwise.
(18) MODIFICATION. No change or modification of this Develop-
ment and Maintenance Agreement shall be valid or binding upon the
Parties unless the change or modification is in writing and signed by all
of the Parties.
(19) HEADINGS. The headings that are used in this Development
and Maintenance Agreement are used for reference and convenience
purposes only and do not constitute substantive matters to be consid-
ered in construing the terms and provisions of this Development and
Maintenance Agreement.
MAINTENANCE AGREEMENT - Page 9 of 16 PagecSvz' \ / 2/9s-o~:~[ ~
(20) TEXAS LAW TO APPLY. THIS DEVELOPMENT AND MAIN-
TENANCE AGREEMENT SHALL BE GOVERNED BY, CONSTRUED AND
ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
TEXAS {EXCLUDING ANY CONFLICTS-OF-LAW RULE OR PRINCIPLE OF
TEXAS LAW THAT MIGHT REFER THE GOVERNANCE, CONSTRUCTION
OR INTERPRETATION OF THIS DEVELOPMENT AND MAINTENANCE
AGREEMENT TO THE LAWS OF ANOTHER STATE).
(21) LEGAL CONSTRUCTION. In the event that any one or more
of the terms, prov/sions or agreements that are contained in this Devel-
opment and Maintenance Agreement shall be held by a Court of compe-
tent jurisdiction to be invalid, illegal or unenforceable in any respect for
any reason, the invalid, illegal or unenforceable term, provision or
agreement shall not affect any other term, provision or agreement that is
contained in this Development and Maintenance Agreem~t and this
Development and Maintenance Agreement shall be construed as if the
invalid, illegal or unenforceable term, provision or agreement had never
been contained herein.
The Parties acknowledge that each Party and its counsel have
reviewed this Development and Maintenance Agreement and that the
norm~ rule of construction to the effect that any ambiguities are to be
resolved against the drafting Party shall not be employed in the interpre-
tation of this Development and Maintenance Agreement or any amend-
ment hereto.
No provision of this Development and Maintenance Agreement
shall be deemed to have been waived by any of the Parties unless the
waiver is in writing and signed by the Parties. No custom or practice
which may evolve among the Parties during the term of this Development
and Maintenance Agreement shall be deemed or construed to waive or
lessen the right of any of the Parties to insist upon strict compliance with
the terms of this Development and Maintenance Agreement.
(22) NOTICE. Any notice that is required or permitted to be given
or delivered under this Development and Maintenance Agreement shall
be deemed to be given or delivered only when actually received by the
Party to whom the notice is addressed or when actually delivered to the
address of that Party, as evidenced by a receipt signed by a person at the
MAINTENANCEDEVELOPMENT AGREEMENT AND
- Page 10 of 16 Pages ti,- _/~L _
CDK-w'~3\1042-03/02/95-OI:21 PM
appropriate address, at the addresses that are set forth below, or at any
other addresses that they have theretofore specified by written notice
delivered in accordance herewith:
(A) Notice to the City shall be addressed and
delivered as follows:
CITY OF COPPELL
255 PARKWAY BOULEVARD
COPPELL, TEXAS 75019
ATTENTION: JIM WITT
CITY MANAGER
With a copy thereof addressed and delivered as
follows:
PETER G. SMITH, ESQ.
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
1800 LINCOLN PLAZA
500 NORTH AKARD STREET
DALLAS, TEXAS 75201
(B) Notice to the Developer shall be addressed and
delivered as follows:
WPC - PARKWAY DEVELOPMENT CORPORATION
C/O WILBOW CORPORATION INC.
3960 BROADWAY - SUITE 125
GARLAND, TEXAS 75043
ATTENTION:DAVID R. BLOM
PRESIDENT
With a copy thereof addressed and delivered as
follows:
CYRIL D. KASMIR, ESQ.
KASMIR & KRAGE, L.L.P.
2001 BRYAN TOWER - SUITE 2700
DALLAS, TEXAS 75201-3059
(C) Notice to the Channel Tract Owner shall be
addressed and delivered as follows:
PARKWAY/COPPELL PROPERTY CORPORATION
C/O WILBOW CORPORATION INC.
3960 BROADWAY - SUITE 125
GARLAND, TEXAS 75043
ATTENTION:DAVID R. BI,OM
PRESIDENT
MAINTENANCE AGREEMENT - Page 11 of 16 Pages
CDK-ws3\1042-03/02/95-Ol:21 PM
With a copy thereof addressed and delivered as
follows:
CYRIL D. KASMIR, ES(~.
KASMIR & KRAGE, L.L.P.
2001 BRYAN TOWER - SUITE 2700
DALLAS, TEXAS 75201-3059
(D) Notice to the Homeowners' Association shall be
addressed and delivered as follows:
HOMEOWNERS' ASSOCIATION OF THE
ENCLAVES ON THE PARKWAY, INC.
C/O WlLBOW CORPORATION INC.
3960 BROADWAY - SUITE 125
GARLAND, TEXAS 75043
A~I'ENTION:DAVID R. BLOM
PRF_.~IDENT
With a copy thereof addressed and delivered as
follows:
CYRIL D. KASMIR, ESQ.
KASMIR & KRAGE, L.L.P.
2001 BRYAN TOWER - SUITE 2700
DALLAS, TEXAS 75201-3059
Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was actually received
shall be deemed to be receipt of the notice.
(23) PLACE OF PERFORMANCE AND VENUE. The duties, obli-
gations and responsibilities of the Parties under this Development and
Maintenance Agreement shall be and are performable in Dallas County,
Texas. The Parties consent and agree that venue of any action brought
in state or federal court under this Development and Maintenance
Agreement shall be in Dallas County, Texas.
(24) PARTIES BOUND. The terms, provisions and agreements
that are contained in this Development and Maintenance Agreement
shall apply to, be binding upon and inure to the benefit of the Parties
and their respective legal representatives, successors and assigns (when
perr~tted).
(25) ATTORNEYS' FEE.~. In the event that any of the Parties
breaches any of the terms, provisions or agreements that are contained
in this Development and Maintenance Agreement and the Parties become
involved in litigation with regard to the breach of this Development and
M&INTENANCE ^OREEMENT- Page 12 of 16 Pages /~~/~
CDK-ws3 \ 1042-03/02/05-/) 1:21 PM
Maintenance Agreement, the prevailing Party shall be entitled to be paid
its reasonable attorneys fees.
(26) NO THIRD PARTY BENEFICIARIES. The only beneficiaries of
this Development and Maintenance Agreement are the Parties and their
respective legal representatives, successors and assigns (when per-
mitted). None of the Parties intends to create, or will create, any other
third party beneficiaries of this Development and Maintenance
Agreement.
(27) DATES OF PERFORCE. In the event that the final date
of any period, any date of performance or any deadline that is set forth in
this Development and Maintenance Agreement falls on a Saturday,
Sunday, State of Texas legal holiday or federal legal holiday, then the
date or deadline, aa the case rosy be, shall be extended to the next
following day which is not a Saturday, Sunday, State of Texas legal
holiday or federal legal holiday.
IN WITNESS WHEREOF, the CITY OF COPPELL, TEXAS, acting
under the authority of its governing body, has executed this Development
and Maintenance Agreement on this the '~'~ay of
1995,
be effective as of the ~ay of~,
1995.
CITY OF COPPELL, TEXAS
NAME
TITLE
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
DEVELOPMENT AND
MAINTENANCE AGREEMENT-Page 13 of 16 Pages ~//~/ /~
CDK-w~3 \ 1042-03/02/95-01:20 PM
IN WITNESS WHEREOF, WPC - PARKWAY DEVELOPMENT COR-
PORATION, the Developer, has executed this Development and Mainte-
nance Agreement on this the~J~day of /~ , 1995, to be effective
as of the ~l~day of ~ , 1995.
WPC - PARKWAY DEVELOPMENT
CORPORATION
DEVELOPER
DAVID R. BLOM
PRESIDENT
IN WITNESS WHEREOF, PARKWAY/COPPELL PROPERTY COR-
PORATION, the Channel Tract Owner, has executed this Development
and Maintenance Agreement on this the ~/~day of ~ . 1995, to
be effective as of the,~]~day of ~ , 1995.
PARKWAY/COPPELL PROPERTY
CORPORATION
CHANNEL TRACT OWNER
BY:
DAVID R. BLOM
PRESIDENT
IN WITNESS WHEREOF, HOMEOWNERS' ASSOCIATION OF THE
ENCLAVES ON THE PARKWAY, INC., the Homeowners' Association, has
executed this Development and Maintenance Agreement on this the ____~-
day of ~ , 1995, to be effective as of the ;Z~'~/day of ~ ,
1995.
HOMEOWNERS' ASSOCIATION OF
THE ENCLAVES ON THE
PARKWAY, INC.
HOMEOWNERS' ASSOCIATION
BY: ~~. ~--~,
DAVID R. BLOM
PRESIDENT
DEVELOPMENT AND ~
MAINTENANCE AGRF-F-MENT - Page 14 of 16 Pages
CDK-w~3\ I042-03/02/95-OI:21 PM
STATE OF TEXAS §
COUNTY OF DALLAS §
This Development and Maintenance Agreement was acknowledged
before me on this the _~ d~y~ of ~,'/ , 1995, by
~O~ 0A,~r~ , the fr~o~ ' of the CITY OF
COPPELL, TEXAS, on behalf of the CITY C{F CO~PELL T~S.
NmAj
(Prat Name)
My Comm~iss~on Expires: . ,
STATE OF TEXAS §
COUNTY OF DALLAS §
This Development .a~i_~ Maintel~nce Agreement was acknowled~d
before me on this the ~L~'day of~ 1995, by DAVID R.
BLOM, the President of WPC - PARI~AY DEVELOPMENT CORPORA-
TION, a Texas corporation, on behalf of said corporation.
NO~ ~B_ L~ ~A~ OF TEXA~
~ (Print Name)
My Co~i,,ssign Expires:
STATE OF TEXAS §
COUNTY OF DALLAS §
This Development~ar~ Maintent~ce Agreement was acknowledged
before me on this the ~ day of il , 1995, by DAVID R.
BI. OM, the President of PARKWAY/COP~ELL PROPERTY CORPORATION,
a Texas corporation, on behalf of said corporation.
NO,T~a, RY POBLIC STATE OF TF_,X~S
My
MAINTENANCE AGREEMENT - Page 15 of 16 Pages
CDK-w~3 \ 1042-03/02/9501:2I PM
STATE OF TEXAS §
COUNTY OF DALLAS §
This Development ar~ Maintenance Agreement was acknowledged
before me on this the ~:~day of /~q~ , 1995, by DAVID R.
BLOM, the President of HOMEOWNERS' ASSOCIATION OF THE
ENCLAVES ON THE PARKWAY, INC., a Texas non-profit corporation, on
behalf of said non-profit corporation.
N ARY T ,AS
I (Print l~ame)
My Commission J~xpires:
UPON RECORDATION RETURN TO:
CYRIL D. KASMIR, ES(~.
KASMIR & KRAGE, L.L.P.
2001 BRYAN TOWER - SUITE 2700
DALLAS, TEXAS 75201-3059
DEVELOPMENT AND
~dAINTENANCE AGREEMENT- Page 16 of 16 Pages
CDK-~s3 \ 1042-03/02/95-01:21 PM
EXHIBIT8 TO THE
DEVELOPMENT AND MAINTENANCE AGREEMENT
EXHIBIT A- LEGAL DESCRIPTION OF THE 5.843 ACRE SINGLE-
FAMILY TRACT
EXHIBIT B - MAP OF THE 5.843 ACRE SINGLE-FAMILY TRACT
EXHIBIT C- LEGAL DESCRIPTION OF THE 2.729 ACRE CHANNEL
TRACT
EXHIBIT D - MAP OF THE 2.729 ACRE CHANNEL TRACT
EXHIBIT E - DEVELOPMENT MAP
EXHIBITS TO THE DEVELOPMENT ~/~// ~//~/~
AND MAINTENANCE AGREEMENT-Page Solo _~_~_ _t~_~
CDK-w~3\1042-03/02/95-Ol:21 PM
TOTAL P. 0~
' Post-It'" brand fax transmittal memo 7671
co. Co.
D~pl. Phone #
Ti:iE STATE OF TEXAS §
COUNTY OF DALi,AS §
CITY OF COF?EI.,L, TEXAS §
TI'ds agreement made this day and entered into by and between WPC-PAPJ<WA¥
DEVELOPMENT COl{POrTiON party of the first pa-t, hereinafter referred to ss "Owner"
and RODMA3N EXCAVATION, 1NC. party of the second part, herei~fter referred to as
"Contractor".
WITNESSETH
Contractor agrees to furnish all labor, materials, tools and necessary equipment for tho
construction of the 48" corrugated polyethylene pipe and all necessary appurtenances in Area
C of the Enclaves on the Parkway Addition as shown on Sheet 4-A of I 1 of the construction
plans prepared by Dowdey, Anderson & Associates, Inc. entitled The Enclaves on the
Parkway, Coppell, Texas; City of Coppell Standard Specifications and the attached Proposal
(Exhibit "A") approved by the City of Coppell, Texas. Said work to be done under the
supervision oft. he City of Coppell and more specifically described as the construction of the
48" corrugated polyethylene pipe and appurtenances in Area C of the Enclaves on the
Parkway Addition, Coppell, Texas.
The Owner shall have the right to direct that said installation be made in conformity with tho
layout, plans and specifications approved and inspected by the City of Coppell.
Owner agrees to pay the Contractor for said work the sum of Fifty Thousand and no/100
Dollars ($50,000.00) to be paid on a lump sum price basis in accordance with the attached
Proposal ( Exhibit "A").
On the twenty-fourth (24th) day of each month partial estimates shall be prepared including all
of the completed work plus ail ofthe material on hand for the uncompleted portion and shall
be paid in full, less ten percent (10%) retainage, not later than the tenth (10th) day ofthe
following month. A final estimate shall be prepared immediately upon completion of the work
and shal/be paid within fifteen (15) days of acceptance of the work by the City of Coppell.
It is agreed by both parties to this agreement that any and all costs of litigation to obtain
monies due the Contractor shall be at the expense of the Owner.
The Contract is based on all engineering grades, easements, inspection fees, testing and
alignments being furnished by the Owner, together with all necessary permits and fees from
the City, County, State or other interested parties. The Contractor agrees to maintain at
Contractor's sole cost and expense comprehensive general liability insurance coverage of not
less than $1,000,000 and Workers Compensation Insurance coverage and to provide the
Owner with certificates of insurance evidencing said coverage.
Owner and Contractor state this is a separated contract and it is hereby understood that the
Owner intends to donate all street right-of-way as shown on the subdiviskm plat and material
installed in said right-of, way and easements to the City of Coppell. The City of Coppell
intends to accept the property and materials before the subdivision is incorporated into the
City or used by the Contractor or Owner.
In testimony whereof WPC-PARKWAY DEVELOPMENT CORPORATION, Owner and
RODMAN EXCAVATION, INC., Contractor, hereby bind themselves, their hen's,
successors, assigns and representatives for the full performance of the terms and provisions of
this contract, jointly and severally.
EXECUTED this day of' ,1995.
WPC-PARKWAY DEVELOPMENT RODMAN EXCAVATION, INC.
CORPORATION
3960 Broadway 683 I-B Ash Street
Suite 125 Frisco, Texas 75034
Garland, Texas 75043 (214)335-4510
(214)840-0953
By: By:
David R, Blom Steve Rollo
President Vice President