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STATE OF TEXAS §
§
COUNTY OF DALLAS §
RECORDS CENTER
CITY OF COPPELL 3 9 8
KNOW ALL MEN BY THESE PRESENTS:
DEVELOPMENT AGREEMENT
This Agreement ("AGREEMENT") is made by and between the City of Coppell, Texas
("CITY"), and the Corporation of the Episcopal Diocese of Dallas ("OWNER"), acting by and
through their authorized representatives.
WITNESSETH:
WHEREAS, OVgNER owns the property recorded in Volume 97199, Page 2682, of the
Deed Records of Dallas County, Texas, said tract being more particularly described by metes and
bounds in Exhibit "A' attached hereto an incorporated herein for all purposes C'PROPERTY");
and
WHEREAS, OWNER shall grant an easement to the CITY of that certain portion of the
PROPERTY more fully described in Exhibit "B" attached hereto and incorporated herein for all
purposes ("EASEMENT");
WHEREAS, CITY dcsi~¢s to construct or cause to be constructed a parking lot
("PARKING LOT"), the location and configuration of which is described in the survey
description attached hereto as Exhibit "C" and incorporated herein for all purposes; and
WHEREAS, CITY am'ces t,~ ,.valve any assessment to the property for the construction
of the PARKING LOT to bc con~;trt:ctcd within the EASEMENT;
NOW, THEREFORE, in consideration of the mutual benefits and covenants contained
herein, and other valuable consMer:,tion, the sufficiency and receipt of which is hereby
acknowledged, the parties agree
() ~ N ER'S OBLIGATIONS
1. OWNER, without cost to ~he CITY, shall, by separate instrument, grant an
EASEMENT to the CITY fi~: !':,: < :ruction and use of the PARKING LOT, as set forth in
Exhibit "B." The EASEMENT shaii i~e lbr a term of not less than twenty-five (25) years. The
parties acknowledge that thc CI':'Y :::~; no obligation to condemn or pay any sum of money in
connection with such EASEM E?:T ' .-'he PARKING LOT.
CITY'S OBLIGATIONS
2. As consideration for OWNER's grant of the EASEMENT, the CITY agrees to design
and construct or cause to be designed and constructed the PARKING LOT, as described in
Exhibit "C", at a cost of approximately One Hundred Ninety-Two Thousand and No/100 Dollars
($192,000.00). CITY agrees to commence construction of the PARKING LOT on or about
July 1, 2000 and to complete construction no later than November 1, 2000. Landscaping and
irrigation will be designed and constructed in accordance with current Coppell ordinance
requirements for parking lot development.
3. As further consideration for OWNER's grant of the EASEMENT, the CITY agrees to
maintain the PARKING LOT, landscaping and irrigation at CITY expense as long as the CITY
is the beneficiary of the EASEMENT.
4. As further consideration of OWNER's grant of the EASEMENT, the CITY agrees to
establish hours for the public park a~j:~cent to the PARKING LOT that do not include Sunday
before 1:00 p.m. and Wednesday r~!".e:' 6:00 p.m. It is understood that individuals may use park
facilities at these hours but CIT':' ~tn ~ll not permit any group activities or reservations during
such hours. Further, OWN!iR x,!!! i ~ entitled to a preferential opportunity to reserve the park
facilities for a minimum of ten (1o) ~t,ys a year and OWNER will be entitled to utilize the park
facilities for outdoor activities for ,~,, ':hool or day care facility operated by OWNER.
5. The CITY further agrees ~ use its best effort to obtain permanent access, in the
approximate location shown ~,n I :!:i ::: '", from the PARKING LOT to the future extension of
Starleaf Drive located to ~:. ~ ~ ~, ::~: PARKING LOT. This access from Starleaf Drive
shall be designed as the prl ~ry ! ~i.~! ,,f public access to the park.
6. The CITY agrees to use its ! '::~. efforts to construct concession and restroom facilities
within the public park will bc m- i~i' ~ : :.-:~Ily compatible with the OVvkNER's main building. In
the event that the OWN?.,. 1(~. '~. ' ~!ing materials, the CITY agrees to incorporate those
materials in the design a~ ' :~ : said facilities. Further, CITY will provide OWNER
an opportunity to comn .': ~ ' ?:r plan and location of the various age appropriate
elements within the playgru und ~:::3 contained herein shall be construed to limit, either
contractually or legally, tS,: C!':'Y': :-~gatives concerning the design and criteria of public
property.
7. The CITY specil?-:~l !,' :~. ~ ..:s that it shall have the sole liability and responsibility
for the construction, mal :..,~. . ration of the PARKING LOT. Accordingly, CITY
has the duty to defend ~-,. ::: e of action made against OWNER for any damage,
injury (including death), ,,r (~'~ ' . :.:ising from the use of the PARKING LOT by any
person. The CITY shall i,:.,,,c., ~)r liability for the defense of any act of negligence
determined by a trier of fact t() I. ::: ::~ble to OWNER and to be the proximate cause of any
damage or injury to an,,,, third ,~,~. ~se of the PARKING LOT.
Development,dgreement -:: 2 ss26694
CITY further agrees to defend, indemnify and hold the OWNER, its officers, agents and
employees, harmless against any and all claims, lawsuits, judgments, costs and expenses
(including attorney's fees) for personal injury (including death), property damage or other harm
for which recovery of damages is sought, suffered by any person or persons, that may arise out of
or be occasioned by the construction, use, occupancy and maintenance of the PARKING LOT.
In the event of damages arising from any negligent act, event or omission of the OWNER,
CITY shall not be liable for damages.
DEFAULT
8. In the event that OX, VNER prevents the CITY's use and enjoyment of the EASEMENT,
OWNER shall reimburse CITY the costs incurred by CITY in designing and constructing the
PARKING LOT. The costs incurred shall be reduced using the straight-line depreciation
method over a twenty-five (25) fo: year period. Furthermore, CITY shall have no further duty to
maintain the PARKING LOT.
COVENANTS
9. The provisions of this A(~I,~VI~;?dENT are hereby declared covenants running with the
PROPERTY and are fully I,!~3 '.?:~ ,. on all successors, heirs, and assigns of OWNER to who
acquire any right, title, or i~-,'est iu or to the PROPERTY, or any part thereof. Any person who
acquires any right, title, or interest in or to the PROPERTY, or any part thereof, thereby agrees
and covenants to abide by and fully perform the provisions of this AGREEMENT.
10. This AGREEMENT a~t !5: V ', ?EMENT granted by OWNER shall be recorded in the
Deed Records of Dallas Co~ ~. :[..
S E VERABILITY
11. In the event any secti~, sub: ,:,:'.>:~ paragraph, sentence, phrase, or word herein is held
invalid, illegal, or unco~s~;'.,q(q,:& ~!.,~ %lance of this AGREEMENT shall stand, shall be
enforceable, and shall b~: r~.::: i: i. ;cs intended at ail times to delete said invalid section,
subsection, pamgraph, s~ :? :. ['~; . ¢:- word.
(~)'.'ERNING LAW
12. This AGREEMENT :'::t!i !c ~', ~'~rned under the laws of the State &Texas; and venue
for any action under thi~: A~ ~ ~: ::~11 be in Dallas County, Texas.
·; '~iNTERPARTS
13. This AGREEMENT ~?a¥ tlc ~?:cuted in any number of counterparts, each of which
shall be deemed an original .... !: ,. :" .... ne and the same instrument.
Development Agreement - 1'~? ~ _; SS26694
ENTIRE AGREEMENT
14. This AGREEMENT embodies the complete agreement of the parties hereto, superseding
all oral or written previous and contemporaneous agreements between the parties and relating to
the matters in this AGREEMENT, and except as otherwise provided herein cannot be modified
without agreement of the parties to be attached to and made a part &this AGREEMENT.
RECITALS
15. The determination recited and declared in the preambles to this AGREEMENT are
hereby incorporated herein as pm't of this AGREEMENT.
EXHIBITS
16. All exhibits to this AGREEMENT are incorporated herein by reference for all purposes
wherever reference is made to ~!~e s~me.
NOTICE
17. When notice is permitted or required by this AGREEMENT, it shall be made in writing
and shall be deemed delivered when de!iv,:red in person or place, postage prepaid, in the United
States Mail, certified return recc'il~t recluested, and addressed to the parties at the addresses set
forth below.
To OWNER:
To CITY:
Churc}~ of the Apostles, Episcopal
322 Sot th MacArthur
Com~cqi '..:>::~s 75019
(' ~*'?~.".-::.~ 75019
EXECUTED this 0 ~''''
,2000.
CORPORATION OF TIlE EPISCOPAL
Development Agreement - Page 4 SS26694
ATTEST:
By:
CITY ATTORN~
Development Agretment - Page $ ss26694
GRANTEE'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
2000, by Sim Wit~, City Manager of thc City of Coppcll, Texas, 'cip~gity, on behalf of
said municipality.
My Commission Expires:
Development Agreement - Page 6 ss26694
GRANTOR'S ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
This instmmem was acknowledged before me on the 9~ day of ~[p~l'l
2000, by 'l~-~,J~v-.~oD 5m;44q , !0,-md_~l/J_ ~'~rn6/9~ of
Corporation of the Episcopal Diocese of Dallas, on ~ehalf°f said corporation.
the
Nota/y Public, State of Texas-
My Commission expires:
Development Agreement - Page 7 S$26694
EXHIBIT "A"
PROPERTY
~VUmlT "A'
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EXHIBIT "B"
EASEMENT
Development ~4greement - Page 9 SS26694
STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS:
EASEMENT AGREEMENT
This Agreement ("AGREEMENT") is made by and between the Corporation of the
Episcopal Diocese of Dallas ("GRANTOR"), and the City of Coppell, Texas ("GRANTEE"),
acting by and through their am horized representatives.
WITNESSETH:
WHEREAS, GRANTOR owns the property recorded in Volume 97199, Page 2682, of
the Deed Records of Dallas C, unty, Tc,<as, said tract being more particularly described by metes
and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes
("PREMISES"); and
WHEREAS, GRANTEE re¢?~?,s the consent of GRANTOR to use a portion of the
premises more fully described in Exhibit "B" attached hereto and incorporated herein for all
purposes ("EASEMENT"); :,
WHEREAS, GRAN~ I~I; sl'~:t',: construct a one hundred ninety-two (192) space paved
parking lot on the EASEMENI';
NOW, THEREFORE, i n c o n: i '. c ration o f the foregoing and on the terms and conditions
set forth herein, and for ~lu;~' , :onsideration, the sufficiency and receipt of which is
hereby acknowledged, the i~l .. :~gr~' :~:~ follows:
1. Grant of Easement. GIIANTOR grants and conveys to GRANTEE an easement upon
and across thc EASEMENT t':~? ~ :,' '..,~r! ;ng lot.
2. TFpeofEaseme, t." :,' '.,,g; i ',l t,~NT grants an easement appurtenant. The dominant
tenement is MacArthur Parl: ..... ::~ :: . :,~ fully described in Exhibit "C" attached hereto and
incorporated herein for all p'~.: ' :s:.
3. Purt~ose. This AGRF i~51EIX'"/, w!Ih i~s ri?hts and privileges, shall be used solely for the
purpose of public parking.
4. Term. This AGI~ El ,, 'm{'nce on the date that the last party executes this
AGREEMENT and sh:~fl t ~:~:: : :~. ?:-.~t:se of the AGREEMENT ceases to exist, the
GRANTEE abandons thc ;~,5EIMI~iqT, or the AGREEMENT becomes impossible of
performance.
5. Warranty of Title. GRANTOR and GRANTOR's heirs, personal representatives,
successors, and assigns are and shall be bound to warrant and forever defend the EASEMENT
and rights conveyed in this AGREEMENT to GRANTEE and GRANTEE's heirs, personal
representatives, successors, and assigns, against every person lawfully claiming or to claim all or
any part of the interest in the EASEMENT.
6. Non-Exclusive. The E A SEMENT rights and privileges granted by this AGREEMENT
are non-exclusive, and GILa. N'I ¢)R reserves ,'md retains the right to convey similar rights and
easements to such other person, s: :; (: ~ A NTOR may deem proper.
7. Indenmifwation. Gl( x;'qTEE s'5::ll hold harmless, defend, and indemnify GRANTOR
against any suits, liabilities, ci:~ims, dc~lm~ds, or damages, including, but not limited to, personal
injuries and attorney's fees ari,:im~ ~'ro?~ the GRANTEE's exercise of easement rights conveyed
by this AGREEMENT.
8. Reservation o£Rig,!~r,..',/...'/ ; :'~ rctains, reserves, and sbafll continue to enjoy the use
of the surface of the EASEl'' :' ?.:T 9-.' ?v nnd all purposes that do not interfere with or prevent
GRANTEE's use of the E:x ~ l'his includes, without limitation, the right to use the
surface of the EASEMENT ~ ~-;~ t~r p:~: ing and other like uses.
9. Entire Agreeme~,; '~( EMENT contains the entire agreement between the
parties relating to its sub:,.<-~ · ~ :~r:d representations or modifications concerning this
AGREEMENT shall be, ~: . ,~. ~ v cot. Any subsequent amendment or modification must
be in writing and agreec! ~
10. Attorney's Fees.
AGREEMENT or its
party reasonable expense~.
:~vcrsy, claim, or dispute arises relating to this
party shall be entitled to recover from the other
11. Assignment. T!"
parties, their personal re;: cs,
bind and inure to the benefit of the respective
and assigns.
12. Legal Construct,', ,t.
and venue for any actio:t :,.~
i?~ I ~-, ~ is governed by the laws of the State of Texas;
x, Fcxas.
13. Recitals. The rc~.' :(
are incorporated herein by reference.
14. Notice. When ,;:~ti
writing and shall be d,:~':~:e !
the United States Mai:
addresses set forth bel,~v
address for receipt ofn~! ·
. or required by this AGREEMENT, it shall be in
'.,., ? '!ivered in person or place, postage prepaid, in
· .: :.'cyested, and addressed to the parties at the
..,narc from time to time another and different
' :..e of such change of address.
Easement Agreement - . % ss26689
To GRANTOR:
Cl;t~rch of the Apostles, Episcopal
700 E. S~mdy Lake, Suite 120
Coppell, Texas 75019
To GRANTEE:
Jim Witt
City Manager
Ci'v of C~,?ell
2< ; Par!:.~::,¥ Blvd.
C(,~peI/,; ~×as 75019
15. Covenants. The provisions o1' this AGREEMENT are hereby declared covenants
running with the land and are I~,[ly binding on all successors, heirs, and assigns of GRANTOR
who acquires any right, title, o~ !..tore: ~ i:, or to the property or any part thereof. Any person who
acquires any right, title, or in t :'~ ~ ~ lhe property, or any part thereof, hereby agrees and
covenants to abide by and fi~. . ~:~.: !~e l'rovisions of this AGREEMENT with respect to
the right, title, or interest in su :::. :. ,:
EXECUTED this
,2000.
CORPORATION OF THE EPISCOPAL
~ IOCESE OF DALLAS
APPROVED AS TO FORM
By:
Name:
Title:
By:
ATTORNEY
Easement ,'lgreement - lk~ ,~
SS26689
EXECUTED this __ day of ,2000
CITY OF COPPELL, TEXAS
ATTEST:
By:
JIM WITT, CITY MANAGER
By:
CITY SECRETARY
APPROVED AS TO FORM
By:
CITY ATTORNEY
Easement Agreement - Page 4 ss26689
GRANTEE'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrumem was acknowledged before me on the ~ day of
2000, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
My Commission Expires:
Notary Public, State of Texas
Easement Agreement - Page 5 ss26689
GRANTOR'S ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the day of
2000, by , _
Corporation of the Episcopal Diocese of Dallas, on behalf of said corporation.
of the
My Commission expires:
Notary Public, State of Texas
Easement Agreement - Page 6 ss26689
EXHIBIT "A"
PREMISES
[Metes and bounds description of land that permitted improvements will be constructed on.]
EXHIBIT "B'
EASEMENT
EXHIBIT "C"
MacARTHUR PARK
[Description.]
EXHIBIT "C"
PARKING LOT
Development Agreement - Page 10 SS26694
EXHIBIT "C"
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