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Northlake Wood-CN000703STATE OF TEXAS § § DEVELOPMENT AGREEMENT COUNTY OF DALLAS § This Development Agreement ("AGREEMENT") is made by and between the City of Coppell, Texas ("CITY"), and Sherry L. Ellexson ("OWNER"). WITNESSETH: WHEREAS, OWNER owns property described as Fourth Section North Lake Woodlands, Lot 16, Block 5, also known as 512 Hunters Ridge Road, located in Coppell, Texas (the "PREMISES"); and, WHEREAS, OWNER intends to construct a Storm Drainage System (the "IMPROVEMENTS") on the PREMISES; and WHEREAS, OXVNER has advised the CITY that a contributing factor that xvould induce OWNER to construct the IMPROVEMENTS would be an agreement by the CITY to provide the labor for the IMPROVEMENTS; 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: Development Agreement - Page 1 34655 A. CITY agrees to provide the labor for the construction of Storm Drainage System on the PREMISES. B. The OWNER agrees to provide all the materials required for the construction of the IMPROVEMENTS. 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 fi.om 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. ARTICLE VII Authorization 8. This AGREEMENT was authorized by City Council, authorizing the undersigned to execute this AGREEMENT on behalf of the CITY. 9. OWNER represents that it has full capacity and authority to grant all rights and assume all obligations that it has granted and assumed under this AGREEMENT. ARTICLE VIII 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: Sh _e~'y L. Ellexson 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 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 the State District Court of Dallas County, Texas. ARTICLE XI Amendment 13. This AGREEMENT may be amended by the mutual written agreement of the parties. 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 XIII RECITALS 16. The recitals to this AGREEMENT are incorporated herein. EXECUTED in duplicate originals on this ~ day of ~gq, Jg~,~ 2000. CITY OF COPPELL, TEXAS CANDY SI--.EEHAN, MAYOR ATTEST: CITY SECRETARY EXECUTED in duplicate originals this the __ day of ,2000. SHERRY L. ELLEXSON CITY'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the _~t.._~ day of_ ~ , 2000, by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas munici~ty, o0)behalf of said municipality. of Texas My Commission Expires: b ' ll' 7 o4 OWNER'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the ~0ffk- day of ~A. fftE , 2000, by Sherry L. Ellexson, Property Owner. O:%~.i~_:*~ MY COMMIEStON EXPIRES ....... · :.-'May 18, 2002 ~"~'r'":~'~ Notary Public, St~ite of Texas My Commission expires: