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ST9601-CS 980204 "' , , _,ATEI._LUS February 4, 1998 Mr. Kenneth M. Griffin, P.E. Director of Engineering and Public Works City of Coppell, Texas PO Box 478 Coppell, Texas 75019 Dear Mr. Griffin: Enclosed is an original Special Warranty Deed (the "Deed") pursuant to which Catellus Development Corporation CCDC") conveys to the City of Coppell, Texas (the "City"), 1.065 acres (46,408 square feet) of right-of-way for a portion of proposed Wrangler Drive (the right-of-way area conveyed by CDC to the City pursuant to the Deed is hereinafter referred to as the "ROW Area"). It is CDC's understanding that the City intends to cause the construction of Wrangler Drive and related utility and other improvements in the ROW Area (such items, the "Improvements"). It further is CDC's understanding that funds will be available from Coppell Gateway Public Improvement District (the "PID") to pay CDC's pro rata share of the costs of the Improvements. As a material inducement to CDC to execute and deliver the Deed to the City, the City, by executing a counterpart of this letter hereinbelow and returning such counterpart to CDC, hereby. .acknow. ledge. s a~,nd agrees that (i)the City accepts the cdendsi~rt,!c~ioof~ the OW , (it)° c°C ~_ . rts to ca~s..e t. e ~,,,,p,~e~..oPthe i the Improvements has not ~ before the Outside Date, the City will reconvey the ROW Area to CDC free and clear of all liens and encumbrances if CDC requests the City to do so in writing ~, (iv) the City will be responsible for the maintenance of the ROW Area from and after the date of the Deed until such time (if ever) that the ROW Area is reconveyed to CDC pursuant to the provisions of the foregoing clause (iii), (v) the City will be responsible for the repair, maintenance and operation of the Improvements Mr. Kenneth M. Griffin February 4, 1998 Page 2 of 2 from and after the date of the construction/installation of the same, and (vi) the City will cooperate with CDC in taking all actions necessary to ensure that CDC's pro rata share of the costs of the Improvements are paid by PID funds. Sincerely, Ted Antenucci Vice President Acknowledged and Agreed: CITY ELL, TEXAS By: Name:/-.-Tl~n. Title:./C_i'h.