Coppell Health-CN 890119M KGbT HOSPITAL AUTHOKITY
CITY MANAGER
PROFESSIONAL PLAZA t, SUITE 200
ONE MEDICAL PARKWAY
FARMERS BRANCH. TEXAS 75234
2141247-8023
MEMORANDUM
TO: Allan D. Ratliff
City Manager
FROM: Jack C. Bailey~
President
DATE: January 19, 1989
RE: Proposed Lake and Landscape Maintenance Agreement
Attached is a draft of the proposed Agreement for the Metrocrest Hospital
Authority (M}{A) to construct stated improvements in accordance with City of
Coppell (City) specifications. In turn, the City would agree to maintain said
improvements upon the completion of the work.
Please note that this draft was transmitted via Fax from Tom Martin, Attorney
for the M}{A to Lawrence Jackson, Attorney for the City on January 19, 1989. I
would appreciate your contacting me as to further action necessary to achieve
a final agreement.
Thank you for the extraordinary courtesy and cooperation we have experienced
from every level of City Staff.
cc: Tom Morton
~ENT BY:~PIlTH U~DERI.dOOD HUt ~; 1-19--~9 3:43:'M ; 2: 315691-) 456 8868;# 2
01.19.89 15.16
'l~omaa A~.3.~n H~=~::Ln ZZZ
Rece£v~:
661-5689, 661-5691 & 953-5402
Lawrence W. J&c~son
Rece~ve~ Fax:
991-3334
NO. Pag~
(Zncl. Cover):
Lawrence, I repreaent the Metrocreet Hospital
Authority. i have drafted the Maintenance
Agreement which Eollows fo= your perusal. My
client ~as not seen it, and may want changes.
But I wanted ~o ge~ this tO you at the I~me
=hinge. As always, I look forw&rd to wo=ki~g
with your fizlg ~
SENT BY:SMITH UNDEr, WOOD HUNT~; i-19-89 3:4~PM ;
21,~Wo~lS691e
Jan~ 19~ 1989, zor goos; va~u~m
- _ &ry. --.4...~ ~= ~hm ~e~ocremt Hospital Au~orl~, a Texa~
"Au~ority"), ~d ~8 City Of Co~ei~,
co.oration ~d lnG~ali~ of
~de~lios i~. Ea~ and eve~
provision, fa~ or recitation ~on~
matmrial.
The Authority and the City represent, warrant and covenant
to each other th&~ they, and each of th~m, have f~11 right, power
provision of It con:ravenes any Aaw~
-revision, by whi~ ei~er of ~.
Agre~nt by ~e necesoa~ v~e at m r~l~ly held or ~clally
wh~ ~icle 6252-17 of ~e
verbatim a~ ~is point ~ ~s
Statu~es ~o~ed, as ~end~ was in all resp~ c~a~ w~
and forming a parc of it .for al~.
out verbatim at this point ~n ~ls ~nscrumeau~.
T is instrument o,?nta . ' 2e en%i e sg z e. ..eat, of__ e
This Agre~
(dmf~ ~1~)
benefit and
Au~ority ~ (defied bel~).
d:\cit~t\fOltOlO~Jl 01.19.~9 15.03
SEI'IT BY:SM[TH UNDERWOOD I-tJl~lZ~_R; 1-19-89 3:4SPM ; 2--~G156gl.~ 4S6 866tB;# 4
No third person,
enti~ of ~ kind or c~ra~er ~11 ~er be deemed a ~-
pa~ benafici~ of ~ls con~a~, nor ~y ~ te~ or pr~iaxon
pa~y, or ~o obligations o~
lns~en~ to ~y su~ ~i~ p~y~ ~r ~ th~ s~cssso~ or
assize of ~e AU~Ority who are ~e ~ or ~e~ of ~e
Au~ority ~nd or any p~
Tee Authority is the owner in foe simple of certain
described land in the City of Coppall, Dallas county, Texas, said
description being att---abed to t~le instrument aa ~ibit "c", and
forming a part of it for all purposes, as though it were set out
verbatim at this point in this instant.
The Authority ie going to bec~e the owner in fN simple of
oer~ain described land in tho City of Coppe11, Dallas County,
Texas, said description being attached to tiLtS instrument as
F~hibit aD", and forming a part of it for all purposes, aa though
it were set out verbatim at this point in this instrument (tho
land described in Rxhthi~s "¢" and "D" being together referred to
in this instrument as the "Authority Lands) .
The Authority is going to construct and pay for a road, and
associated roa~ad and right-of-way utilities, and associated
landscaping end irrigation improvements (referred to in this
instr~tment as the "Road"), on ~he Authority Land, as show~ on the
final plat of the Authority Land approved by the City (referred
to in this instrument aa the "Final Plat"). The Authority is
also going to construct and pay for a lake, and associated
Iandecaping and irrigation taprovements (referred to in this
instrtment as the ULa~e"), on the Authority Land, as shown on the
Final Plat. AS shown on the Final Plat, the Road and the Lake
are being granted, conveyed and dedicated by the Authority to the
City forever for the public uae and benefit.
The Final Plat shall bm signed by the Authority and the City
forthwith, but ii; shall not be filed for record ~%ntil completion
of construction of t/lo Road and the Lake. Upon coapla~ion of
construction of the Road and the Lake, the Final Plat shall be
filed for record in the real property records in the offices of
the Dallas County clerk ~nd recorder. Upon recordation of Ua
Final Plat, the City shall be the owner of ~he City Land, a
description of sane being attached to this instrument aa Exhibit
"C", and forming a part of it for all purposes, as though it were
eat out verbatim at thin point in this instrument (referred to in
this instrument se the "City Land").
From the date the Final Plat is re~orded, and the City
bacoaes the owner in fee of tho City Land, and thereafter in
perDetuity, the City shall maintain the Road and the Lake at its
d;\~Llent\fO~OlOS.mt 01.t9.89 1S.03
Hi~ncensflce Aareea~flt - Pmgl 2
SENT BY:SMITH UNDERWOOD HUN,F_R; 1-19-89 3:~PM ; 21~6615691-> 45G 8~;# S
sole cost, so 'chat t~ey rema:Ln in good. or,er and repai~. The
maintenance obligations o~ t/~e City vi'ch =e~pec. t to the City ~nd
includee (~y way of example and not lnt~nding to exclude any
similar or dissimilar example):
1. main~aininq the lands, ceping improvements on
the City Land in accordance with sound ho~cicultural
practice in the area, including irrigation and
preserved:ion of the flora in healthy condition (and
periodic replaceuent of same ee required);
2. maintaining the Road in good order and
repair, free of debris, potholes, crack~ and heaves;
3. maintaining ~t irrigation systems in good
order and repair, sc =hey operate to aid in the
automatic watering of the landscaping improvements on
~ city Land:
4. maintaining the e~orm sewer, sanitary sewer
and water systems in go~ o~ ~d Felix, ~x~ o~
obsession, ~g, b~qe oF o~ ~~t.~o
away sew~ag~ ~ drainag~ ~a s~y~ c~ .~n~
water to ~e ~an~ of ~ app~v~ p~llc wa~er
supply; and
5. maintaining the level of the La~e at all
and
times at five hundred and
~/X00~hs feat (5__. ') above ma~n lea
level, plus or minus one-half foot (0.S').
. The maintenance obligations of the Cit~ with respect to the
~e predicate for a cause of a~xon =or ~n~gls ~ ~x~; ra~f
~ey are specifically per~o~le obll~=xons. TO ~e a~en=
~a= a cou~ of co~=~ Juris~ion, ~ f~al, non-app~l~lo
J ud~ent, de~e~ines a par~ioul ar o~li~ion no~ =o be
perfo~le specifically, ~en ~d only ~ ~e meas~ o~
be ~a accel, ~voic~ cos= o=
d~qes to ~e Au~ori2y ~1~
a~inis~ative e~ense. In ~ such ~us~ ~= ~v~ ~, whi~ ~e
%~ori~y prevails, ~e Au~ority ~all be ~=i~ to rec~er
xtn atto~ey fees and costs of suit fr~ ~e City.
Tho City an~ the Authority lo agree,
d:\¢~teflt~fO110105.ml 01.19.89 15.03
SENT BY:SMITH UNDERI~OD HUNTER: 1-19-89 3:49PM ;
2146615691~
456 ~o~:~);# 6
AttiC:
c~aix~an o~ ~he ~
Authority SeCretary
Approved ss to ~oLm:
Au~horit~ Attorney
Attest:
city SscreU~'Y
Approved as to form: