ST9302-CN010829STATE OF TEXAS §
§ DEVELOPMENT AGREEMENT :!. 5 ~E~ tT:. 0 6:, 6
COUNTY OF DALLAS § 11/01/01 ~919999 $~1.00
])eed
This AGREEMENT for the construction and/or reconstruction of public right-of-way
improvements is made by and between the City of Coppell, Texas, a Home Rule City (the
"CITY"), and Park Place Coppell Association ("HOA"):
RECITALS
WHEREAS, the CITY improved, expanded and reconstructed Sandy Lake Road from
MacArthur to Denton Tap within the corporate city limits of the City of Coppell; and
WHEREAS, said improvements, expansion and reconstruction to the north side of the
road resulted in the destruction of the entryways and landscaping of the HOA; and
WHEREAS, the HOA desires to reconstruct entry walls and landscaping as depicted in
Exhibit "A" which is attached hereto and incorporated herein by reference; and
WHEREAS, it is in the City's benefit to allow the reconstruction of the landscaping and
irrigation associated with such project;
WHEREAS, the CITY desires to contribute funds for the reconstruction of said project;
NOW, THEREFORE, in consideration of the foregoing and other valuable
consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as
follows:
1. HOA agrees to perform the following construction and/or reconstruction:
a. Complete installation of the irrigation/sprinkler system on Sandy Lake
Road adjacent to the Park Place subdivision;
Development Agreement - Page 1 35699
b. Design and reconstruct entry walls at all four comers of Sandy Lake Road
and Allencrest Lane and Woodcrest Lane, including labor and material;
c. Replacement of landscaping, including plants, shrubs, soil, edging and
labor, for all four comers of Sandy Lake Road and Allencrest Lane and
Woodcrest Lane, except as may be explicitly provided herein;
d. All maintenance and security associated with the start-up of the
landscaping replacement;
2. The CITY shall contribute to the HOA an amount not to exceed Twenty-three
Thousand, Six Hundred Dollars ($23,600.00).
3. In addition to the obligations provided herein, CITY, by and through its contractor
for said project, shall provide the hydromulch for the landscaping as specified in 1 (c) above.
4. HOA agrees to assume responsibility and maintenance of all work performed
under the terms of this Agreement.
5. That all costs related to Contractor/Project management and contingencies shall
be borne by the HOA.
6. This AGREEMENT shall be binding on and inure to the benefit of the parties to it
and their respective heirs, executors, administrators, legal representatives, successors, and assigns.
This AGREEMENT may be assigned with the consent of the CITY which consent shall not be
unreasonably withheld, conditioned or delayed.
7. In the event any section, subsection, paragraph, sentence, phrase or word herein
shall, for any reason be held invalid, illegal, unenforceable or unconstitutional in any respect, such
invalidity, illegality, unenforceability or unconstitutionality shall not effect any other provision and
the balance of this AGREEMENT shall be enforceable and shall be enforced as if the parties
Development Agreement - Page 2 35699
intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word
as if the portion had never been contained therein.
8. The validity of this 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 State District Court of Dallas County,
Texas.
9. This AGREEMENT embodies the complete agreement of the parties hereto,
superseding all oral or written previous and contemporary agreements between the parties and
relating to the matters in this AGREEMENT, and except as otherwise provided herein cannot be
modified without written agreement of the parties to be attached to and made a part of this
AGREEMENT.
10. The determinations recited and declared in the preambles to this AGREEMENT are
hereby incorporated herein as part of this AGREEMENT.
11. All exhibits to this AGREEMENT are incorporated herein by reference for all
purposes wherever reference is made to the same.
12. HOA does hereby release, indemnify and hold harmless the CITY, its officers,
agents, employees, and third party representatives (collectively referred to as "Coppell") from
any and all claims, damages, causes of action of any kind whatsoever, statutory or otherwise,
personal injury (including death), property damage and lawsuits and judgments, including court
cost, expenses and attorney's fees, and all other expenses that the HOA has, or might have,
known, or unknown, now existing or that might arise hereafter, directly or indirectly, in
connection therewith.
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EXECUTED in duplicate originals this the 29th day of August, 2001.
ELL, ~XAS
CITY OF COPP PARK PLACE COPPELL ASSOCIATION
By: ~~ By: ~
JIM WITT, CITY MANAGER TOM O'BRIEN, TREASURE/~
ATTEST:
By~ By:
LIBBY BALL HIMANSHU PATEL,
CITY SECRETARY DIRECTOR at LARGE
By: R~VI
GE CE PRESIDENT
APPR~~/
ROBERT HAGER, CITY ATTORNEY
Development Agreement - Page 4 35699
CITY MANAGER'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the29th day of August, 2001 by
o ,2001 by
Jim Witt Ci,ty Manager of the Ci,ty of Coppell, Texas, a municipal corporat'~'f ' 'ion, on behalf of said
corporation.
~xas
My Commission Expires:
Development Agreement - Page 5 35699
CORPORATE ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
was acknowledged before me on the 6 day of August, 2001 by
This
instrument
Tom O'Brien, Treasurer of Park Place Coppell Association, on behalf of shSd association.
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the~9~ day o ,2001 by
{~/ f d
Itimanshu Patel , Director at Large of Park Place Coppell Association, on behalf o sai
association.
_~_ _~-t~/=Publi[, g~e of Texas
My Commission Expires:
t1~ ANN ROGERS
'~ -- ~ -- ~ ~ {[~ ~ MY COMMt~ION EXPIRES
March O, ~2
Development Agreement - Page 6 35699
CORPORATE ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
was acknowledged before me on the 6 day of August, 2001 by
This
instrument
[/
Jerry. Jacob, Vice President of Park Place Coppell Association, on behalf of§aid association.
My Commission Expires: ~/~/N6tary Public, '~te of Texas
.... JoA..
·. ~1¥ COMMISSION EXPIRES
Development Agreement - Page 7 35699
o~ UF TffXAS
I hereby cedify th s instr~m, ,,en.~ W~ "1 ~OU~ O~ ~A~
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~age ~f the name~ rcco~d5 ~i n:;.z,, r;' ~. ~ vo ~me a~
NOV ] 200~
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