Parks Coppell ABQ-CN 871124 PARK LAND DONATION AGREEMENT
This Park Land Donation Aareement ("Agreement") i~ made and
,3ntert3d 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 T N E S S E T H :
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
,.h(~ F.',~k Site~ and
WHEREAS, preliminary plans and specifications for the Lake
setting forth the general requirements for water depth,
d~ainage, 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, prio~ 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
~%he 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 wishes 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. ~D__n~) Approval. By the City's execution of this
the
Ag~ee::,ent, the City acknowledges and agrees that
?['c 1 i [ni[~a ry Plans are approved by the City. Prior to the
con:mencement of construction of the Lake by the Lake Developer,
La~ Final Plans will be submitted to the City's engineer for
approval. The approval of the Final Plans by the City shall be
in w~ng and shall not be unreasonably withheld or delayed.
2. Tripartite Agreement~. All desiqn and construction
w~)rk relating to the Park Site, including the Lake, will be
perfor~ned pursuant to agreements among the City, the Lake
L3eve ~oper, construction contractors and design professionals
(~.hu "TripartSte Agreements") . The Tripartite Agreements must
!;e i~ a!l respects acceptable to the City, but it is expressly
~nde[~]ood and agreed that Donor shall have the sole right ~o
']csZ~nate the Lake Developer and that the City will accept the
[~s[ty desiqnated 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 contracsors or design professionals. The City
hereby approves Roberts & Dowdy Civil Engineers as design
p[of~]sionals acceptable to the City for the preparation of she
P~e~.i:ninary Plans and ~he Final Plans.
~. C__o~p ~ ~q~. After the completion of the work
.~¢'...~u,_~'ified kn the Final Plans (the "Work"), the Lake Developer
w~i ~ notify the City in writing of such completion (~he
"Co~;~pletion Notice"). Within fourteen (14) days after the
City's receipt of the Comple~ion Notice, the City's engineer
wii~ 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
P~ans. Upon the City's engineer's approval of the Work, the
City wi!! issue written approval of the Work to the Lake
Deve}oper. 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
C3[r.p!etion Date ending on the later of two (2) years after the
(]o:~q~!~t[on Date or one and one-half (~.5) years after the date
that the Lake initially fills to its nor.na~ water level (as
normal water level is defined in the Final Plans); (v) the Lake
is holding water (taking into account reasonable water
i'!.uctuations caused by weather conditions) and is in
~{ubstantially the same c<3nd~tion as it existed on the
C.~>~:q~letion Date, excepting minor erosion (gouges or ruts of
~ess than six inches from the original grade of the Lake banks
~hal! be deemed minor erosion); and (vi) the completion of
£oundations for homes on seventy-five percent (75%) or more c~
the Iota contained in the Subdivision.
5. ~gqy~yance of the Park Site. The City agree~ to
acquire the Park Site within thirty (~0) days after the
satis£action of the Conditions Precedent. The Park Site will
|~e acquired by the City's acceptance of a direct conveyance or
through the City's exercise of an option to acquire the same
:~onated to the City by Donor. The conveyance of the Park Site
to the City will be by special warranty deed which shall not
].mpose 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
~;ati:;faction of the Conditions Precedent, Donor shall have the
~.i. qht to enforce specific performance of the City's duties and
.'~bl~qations under this Agreement.
6. Ownership Responsibilities and Defects. Upon the
City's acquisition of the Park Site, the City shall become
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[e~po['...~ible for al! maintenance, repairs, utility costs, taxes
~[~¢! ,.~tr~er costs, expenses, claims and liabilities relating to
,.t~,.? ownership or use of the Park Site and all improvements made
'.!L~-~retc. or placed thereon; provided, however, the foregoing is
n.-,~: intended and shall not be construed to waive, release or
~>t'he[wise affect any claims of the City against any of the
[~arties tc any of ~_he Tripartite Agreements.
p7. Interim Period. that beginning on the
Du~ing
period
letion Date and ending on the date of any termination of
t?:~s Agreement or the date chat the City acquires the Park Site
(the "Interim Period"), the City agrees that the City will take
an,.; 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 t?:e Park Site is not a public park and that the public is
not ent[tied to entry thereon or use thereof.
8. Termination Riq_hts. Donor shall have the right to
~_~rmir~ate th~s Agreer,~ent by delivering written notice of such
elecl;[ou to the City at ally time prior to the date that
excavation for the Lake is commenced (the "Commencement
Date") . [n consideration of and as a material inducement to
.Jc.r:o r and/or the Lake Developer to undertake the actions
¢:~',nte~.olated herein, the City agrees that the City is bound Dy
r.~.is Agreement unless the Commencement Date does not occur on
,~ before October 1, 1988. If the Commencement Date does not
occ~:r on or before October !, 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 ~he Commencement Date. If, after the occurrence of the
Co;gmencement Date, the Completion Date does not occur on or
'.~e fo ~e December 31, 1989, despite good faith, ~easonable
el-forts by the Lake Developer and the City to achieve the
Comp~ution Date, either Donor or the City shall have the right
;..~ ,:er[~]inat e this Ag ~ eement by delivering written notice of
:3;~ch e~ection to the other prior to the occurrence of the
Cc. mp!etion Date. If, after the occurrence of the Completion
!.:ate, the Conditions Precedent cannot be satisfied and the Park
r~i~-; ,':onvey~d to and accepted by the City on or before three
('~) years after the Completion [)ate, either Donor or the City
~3~:~' 1 have the right to terminate this Agreement by delivering
wr ~tten notice of such election to the other prior to the date
th,~t t?,e Park Site is conveyed to and accepted by the City.
9. ,*_~_c__k_{l_o w i e d g m .e n t of Donation. If the Park Site is
· -,-~r~w~;,c,'] to t}:e City, the City acknowledges and agrees that:
( i ) L!;c donation of the Park Site to the City will greatly
enhance the quality of life in the City and constitutes a
chr~ ,- :_ t ~b ].e donation to the City; and (ii) the City has no
.:.bi i:],,t ion with respect to such charitable donation except as
~t forth herein.
~0. Subdivision. The City agrees that the City will not
· ~;n.nose any requirements in connection with the platting or the
c]t--'ve'-opment of the Subdivision requiring the completion of the
Lake or the donation of the Park Site as conditions precedent
to such platting or development.
!1. 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. Bindinq Effect. This Agreement shall be binding upon
and inure to the benefit of Donor and the City and their
respective successors and assigns.
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EXECUTED as of the date first above written.
DC;NOR: THE CITY:
<OPPELL TOWN CENTER, iNC. CITY OF COPPELL
City Admini a t r o t~'r~'
4181S
EXHIBIT A
Park Site
EXHIBIT A
~NG ~ ~ract oE land s~tu~ted in the ~illiam A. Trimble Survey, Abstract No. 1268
and the He,rs of G~lbert C. Woolsey Survey, Abstract No. 1042 in the City of £oppell,
Texas and being l~rt oE a tract of land as described in deed fro~ Good Associates,
~c. to M. 0oug~as Adk~ns0 Trustee, as recorded in Voltme 76185, Page 23SS of the
~ee~ gecords oE Dallas County, Texas and being more p~rt~cuZarir described as
BEGInNInG at the most northwesterly corner oE PARKWOOD-SECTION TWO, an addition
to the C~t¥ of Coppell as recorded in Volu~e 84232, Page 1938 of the Oeed Records
o~ Dallas Co~ty. Tex~s;
TIIE~CE South 35"04~4S'' ~est, along the north~estetIy i~ne of · 20 Eoot aIIey
s~ Park~ood-Sectzon Two, & d~stanCe of 383.b9 ~eet to an iron rod set Eot angle
po~nt;
THENCE South 3~"06'45" Nest. continuing along a north~estetly l~ne o~ sa~d
a dzs:ance o{ 524.80 feet to an iron tod set Eot angle po~nt;
THENCE South 3S'25'S7" kest a distance of 436.3[ ~eet to ~n ~ron rod set ~or corner;
TtlEh~E North 18e22'14'' ~est a distance of 2g.92 feet to an ~ron rod set for ~ngle
THENC~ North ]5~09'53'' ~est a d~szance of ~008.0S ~ee: to an ~ron rod set for angle
po~nt;
THENCE ~otth 16"~4'S8" West & d~st~nce of 233.68 feet to an gron tod set for corner;
THENLE North 73'01'3~" East a distance o~ 68.48 feet to an ~ton tod set for ~ngIe
point;
~ENCE North 63~46'39'' East a distance of Z00.O0 ~eet to ~n ~on t~ set ~or angle
poznt;
~IENCE North 40'2t'39" East · dzstance of 78.00 ~eet to an ~ton ro~ set for anEle
po:hr;
TIIENCE North 35'~B'40" East a d~$tance of 4g,g4 feet to an iron ro~ set for n~gle
THENCE ~orth 5'~9'07' East a d~stance oE ~5g.80 ~eet to an ~ton tod set fo~
po~nt;
TItENCE North 4e31'3g' East ~ distance o~ [81.00 ~eet to an zron rod set ~or angle
TilENCE North 30e36~3g'' East a distance of 342.00 feet to an tton :od set for corner;
THENCE ~orth 3g'3['39" East a d~stance oE H4.16 feet to an iron rod set ~o~ corner;
THENCE South 57'28'2[" East a distance of [58.43 feet to an tton rod set for
poznt;
~iENC~ South 77'57'~3" East a distance of S3.84 feet to an iron rod set for angle
po~nt;
~ENC~ South 55'46'17" ~ast · di~tmnee of 815.}2 {eat to an iron r~ ~et for cornet;
~ENCE South 25'12'30" West a distance Of ~44.88 feet to an iron tod set for
po~nt;
~ENCE South ~2'24'15" West ~ distance of ~80.g8 feet to an ~ton tod set fat angle
pol~t;
~C~ South 44e~ds~7' ~e~t a distance of 13S.00 feet to ~n iron rod set for ~ngle
THENCE South 19'~4'~7" ~est ~ distance o~ 70.00 ~eet to the POINT OF BEGINN[NG and
containing ~,40~,802 ~qua~e feet or 32.2269 acres o~
EXHIBIT B
Preliminary Plans and Specifications
Required Grading, Grassing and Drainage
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-cro~ 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. Fertllizer
shall be a balanced complete fertilizer. The dry
weight percentage shall be 13-13-13. Phosphate
shall be slow release.
R,,T.:..~ - Bermuda Seed - 50 lbs. per acre
Fertilizer - Balanced 13-13-13 - 400 lbs. per acre
M~]jrl__{p_q~ - 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 ~5, nor
later than August
3OMPLETION -The grassing shall be deemed complete when an aver-
age coverage of 85% of the seeded area is established.
D EXHIBIT B - SECTION III
-FW Engineering & Testing; inc.
P.O. Box 1247 ,, Euless. Texas 76039-1247
Required Soil Condition of Lake Bottom
Un:vest Development Corp.
Nsrtn Central Plaza if
127~0 CDit Road
Sa!re ~2~5
Dallas. Texas 75251
CoDditiCD Survey
Proposed La~e 5o%tom
£ection G
ParKs of Coppe!i
Coppell, Texas
53- ;068
Lea? ~r. ~lse:
£nclose~ please fkm~ ~oring ksgs a~ ~oring g&ca%ion Map of t~ose
bcr=nEs were Grilled in !9~] as a pact cf a Fre!=m~nary invest1&~tlon
t~rod~nout the Parks of Coppei!.
lc ~s our un~erstanc~nE that a major portion of Sec%Ion G wl!l cc~rise
lie a: approxLmate elevation q3b, w~Icn is presently %5~ below exts=~ng
grc.n~ surface. In analyzing BorinEs 28 Lnroug~ 35 at a ~e~%n cf
~5 feet. we flnd %sat the materials co~pr~se orzwn to tan clays or
sarly clays. The ~re clays are cons~lereC impervious. The sandy
clays at tr. az ~eDtn are also relatirely i~pervlous.
in our oplsion, there s~gulJ De little c~ance of major moisture
~grat~on from the cosfines of the lake. it is posslble, however, that
~eakage may cccur frcm so~e u~scovered predominantly sanJy zose.
Discovery of such a zone can only be achieved during the excavation
process. Should a sandy zone ~e uncovered, the area must ~e isolated
an~: plated utilizing ~he heavier clay mater~al. Successfully p!a~ing
of zne sandy zone requires a manimum of two (2) feet of eompacte~
heavy clay.
Soils & Materials Engineers --
Construction Materials Testing & Inspection