Loading...
Lake Park-CN 871124 This Park Land Donation A~reement ("A~reement") if made and entered into as of the~~'- day of ~~ , 1987, 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. W I TN E S SETH : 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 wi~hes 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 enter 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: (i) 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 Park 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 - 2 - 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 is not a public pa[k 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"). In 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 conYeyed 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. Acknowledgment of Donation. If the Park Site is conveyed to the City, the City acknowledges and agrees that: (i) 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. Subdivision. 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. 11. 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. Binding Effect. This Agreement shall be binding upon and inure to the benefit of Donor and the City and their respective successors and assigns. - 3 - EXECUTED as of the date first above written. DONOR: THE CITY: COPPELL TOWN CENTER, INC. CITY OF COPPELL Title ATTEST: ~ty Secre~a r~ APPROVED AS TO FORM: C i ty A~torney ~/ : 4181S EXHIBIT A Park Site EXHIBIT A BEING a tract of land sittmted in the Nilliam A. Trimble Survey, Abstract No. 1268 and the Heirs of Gilbert C. #oolsey Survey, Abstract No. 1042 in the City of Coppe11, Texas and being l~rt o£ a tract of land as described in deed from Good Associates, Inc. to M. Douglas Adkins, Trustee, as recorded in Volu~e 76188, Page 2555 of the Deed Records of Dallas County, Texas &nd being more Imrticulerly described as follows: BEGINNING at the most northwesterly corner of PARKNOOD-SECTION TNO, an addition to the City of Coppell as recorded in Volume 84232, Page 1958 of the Deed Records of Dallas County, Texas; THENCE South 35'04e45' Nest, along the northwesterly line of · 20 foot alley in said Parkwood-Section Two, a distance of 383.69 feet to ·n ~ron rod set for angle point; THENCE South 31'06'45" Nest, continuing along a northwesterly line o£ said addition, a distance of 524.80 feet to ·n iron rod set for angle point; THENCE South 35'25'57" West a distance of 436.3! feet to ·n iron rod set for corner; THENCE North 1B°22'14' West · distance of 29.92 feet to an iron rod set £or angle point; THENCE North 15°09'5~' Nest a distance of 1008.05 feet to an iron rod set for angle point; THENCE North 16'14'58" Nest · distance of 2~3.68 feet to an iron rod set for corner; THENCE North 7~*01'39' East · distance of 68.48 feet to ~n iron rod set for point; THENCE North 63'46~39'' East · distance of 100.00 feet to ·n iron rod set for angle point; THENCE North 40'2~'39" East a distance of 78.00 feet to an iron rod set for po£nt; THENCE North 35°18'40'' East a distance of 49.94 feet to ·n iron rod set for angle po£nt; THENCE North $'19'07' East · distance of 159.80 feet to an iron rod set for angle point; THENCE North 4'31~39'' East a distance of 181.00 feet to ·~ iron rod set for angle point; THENCE North 30°36~39'' East · distance of 342.00 feet to an iron rod set for corner; THENCE North 32°31'39" East a distance of ~14.16 feet to an iron rod set for corner; THENCE South $7'2B'21" East · distance o£ 158.43 feet to an iron rod set for angle po~nt~ THENCE South 77°57'13' East · distance o£ 53.84 feet to an iron rod set £or angle point; THENCE South 55°46~17'' East · distance of 815.92 feet to an iron rod set £or corner; THENCE South 25'12'30" Nest · distance of 144.88 feet to ·n iron rod set for angle point; THENCE South 32'24'1S' Nest · distance of ~B0.98 feet to ·n iron rod set for ~ngle point; THENCE South 44'34~37'' Nest a distance of 135.00 feet to ·n iron rod set for angle point; THENCE South 19'34'37°. Nest · distence of 70.00 £eet to the POINT OF BEGII~ING and cont·ining 1,403,B01 squsre feet or 32.2269 acres of lend. EXHIBIT B Preliminary Plans and Specifications _- . I Required Grading, Grassing and Drainage ~" ~ i; ,. "" ~: ~ ~i- '.'~-,- ,: / EXHIBIT 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 - Bermuda Seed - 50 lbs. per acre Fertilizer - Balanced 13-13-13 - 400 lbs. per acre METHODS - 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 15. COMPLETION -The grassing shall be deemed complete when an aver- age coverage of 85% of the seeded area is established.