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Coppell Health-CS 890608 . S~NT BY:5MITH UNDERWOOD ~- 8-89 12:52PM 2146~91~214 954 3334 ;*l 1 -'"'\ r"'\. "'.....IC~..~ .. J"Y CA"",ICW"1l. >Nl'""I........c::""'.,.~... MIC:HAI~ J. CClI.UNI JAM., .. QINQN ClllAoIGI". HINOUWON "0'1'" ~lJ.1oI ANN WUI'lW'''Z .IOHI'O A. KO.~K' ""QM..." .0.1.0..... MAllin,.. III SMITH & UNDERWOOD A PROFESSIONAl COAPOAATlON AnoRNEYS AND COUNSElORS "T LAW TINTM ,,~00tII N..I"MA TOW'III 5717 oIiU'"A 11I040 OAl.1.AS. TiXAS 752040-.4&4 (214) HI"'" 'TliLI!COPII!IIt NO. fll.l H',,"t. & 111.5111 ~.-.1'lO 001. MO_,..illu;l ITI""'.N 0. ~NiII(11" IIIC_III!).I. OU"T. ... OAVll) W. AAurr_ . "IHO'" ~. l""'II1NO O. L....NN ....,... II. I(III'PM IT"'UIUI WIL.\o''''1ll .I. UNOII'lWCXlO. ... ~_ .."N""'O Wllo.Ul \/"'l.IIo ... WDOOW_O OAT!; ~.; TIME: TRANSMIT TO: $I .a~,y' OELIVER TO: \IJ~ SENDER:~ WM1 /flJ.J.r~4L if NUMBER OF PAGES (INCtUOE TH1S PAGE): PE~SON TO CONTACT: WE ARE ~RANSMt'I"'rING B"F.OM: XE~OX TELECOPIER 295 XEROX TELECOPI!~ 7010 ~lease deliv~r t~e following page~ to the ~erson mentioned above as Soon as thi~ t=Qnsmission is complete. If you experience any probl.ms in r~ceiving thi5 intQrm~tion, pl.ase dO not h.sit&t~ ~Q contact sender I)r the above n~med person at (214) 661-5114. ;WI:?: would appr.ciat~ Y"'Ju.:" I\cknoW'ledginq ~eceipt of this informatlot~. COMMENTS: Thank you! I ~ '~\aL~'~aAMMWZt..~ '. ;;t:::'.jT4 B.Y: 5M I TH UNDERv.IOOD ~.,..6- 8-89 12: 52PM ; 21466~91~214 954 3334 ; *l 2 Lake Level Agreement This Lake Level Agreement (rcfeITed to in this instrumc:m as "Apcrncnt"), is ente:M into effective as of June _. 1989. for good, valuable and sufficient consideration had and received, by the Metrocrest Hospital Authority, . Texas stamtory hospital authority and instrumentality of the Stare of Texu, created as per Anicle 4437e of the rexu Revised Civil StatUtes Annotated, as amended (referred to in this instrument as "Authority"), and the City of Coppell, a Texas municipal corporation and instrumentality of the State of Texas. created 88 per the Texas Local Government Code (referred to in this instrument as "City"), The recitations and factual statements in this instrument are not merely precatory; rather they fonn an integral part of this bargain, and the consideration that underlies it. Bach and every undcrtakins, covenant, term, provision, fact or .recitation contained in this Agreement is material. The Authority and the City represent, w mant and covenant to each other that they, and each of them, have full right, power and authority to enter into this Agreement; that no term or provision of it contravenes any law, order, rule, regulation. or provision of any contract, or any constitutional or statutory provision, by which either of them are governed, or to which either of them are subject; as to the Authority, that the Board of Directon of the Authority has approved the execution of this Agreement by the necessary vote at a regularly held or specially called meeting at which a quorum was present, and with re~ to which Article 6252-17 of the Texas Revised Civil Statutes Annotated, as amended was In aU respects complied with (such resolution being attached to this instrument as Exhibit "A", and fonning a part of it for all pwposes, at though it were set out verbatim at this point in this mstrument); and as to the City, that the City Council of the City has approved the execution of this Agreement by the necessary vote at a regularly held or specially called meeting at which a quorom was pm5Cnt, and with Rlspcct to which Article 62~2-17 of the Texas Revised Civil Statutes Amlotated, as amended was in Rll respects complied with (such ordinance being attached to this inBtrwnent as Exhibit "B ", and fanning a pan of it for all purposes, as though it were set out \7erbatim at this poine in this instnlment). This instrument contains the entire agreement of the Authority and the City with t'CSpect to the within subject matter. This Agreement is binding upon and shall inure to the benefit of the respective successors and assigns of the Authority and the City. Th.is Agreement. and each term of it shall nm with, benefit and bind both the City Land (defined below) and the Authority Land (dcfmed below). No third person, firm. corporation, partnership or any entity of any kind or character shall ever be deemed a third-party beneticwy of this contract, nor may any term or provision of it be construed so u to give rise to rights of any third party, or to obligations of any party sisruu:ory to this instrument to any such third party, other than the successors or assigns of the Authority who are the owner or ownenl of the Authority Land or any pan of it or interest in it. The Authority is the owner in fee simple of certain described land in the City of cappen, Dallu County, Tcxu, said description bein, attached to this instrwnent as Exhibit fl\whitloe~11010!.zn2 06.08.89 11.16 ~ u-J Mree~' . Pate ~ .', seNT- !;lY: 5M I TH U~~DERl~IOOD ~- 8-89 12:53PM; 2146~~~91~214 954 3334 ; ** 3 "C... and formins a part of it for all purposes, as thoush it were set out verbatim at this point in this instrument. ~e Authority is gOing to become the owner in fee simple of certain described land in the City of Coppell, DalIaa County, Texas, said deseription beins auached to this instrwnent as Exhibit "0", and fonning a part of it for all purposes, as though it were set out verbatim at this point in this instrument (the land described in Exhibits IlC" and "0" being together referred to in this instrument as the "Authority Landll). The Authority is going to const:ruct and pay for a Lake, an aeration fountain pump, and a water line and meter for maintaining the level of the Lake, and associated landscaping and irrigation improvements (refClI'Cd to in this instrument as the "Lake"), on the Authority Land, as shown on the Final Plat. As shown on the Final Plat, the Lake is hems granted, conveyed and dedicated by the Authority to the City forever for the public use III1d benefit. The Final Plat shall be sisned by the Authority and the City forthwith. and rued for record in the real property records in the offices of the Dallas County clerk and recorder. Upon recordation of the Final Plat, the City shall be the owner of the City Land. a description of same being attached to this instrumentu Exhibit "C", and fannin, a part of it for all purposes, Q though it were set out vematim lU this point in this instrument (refezred to in drls instrument as the "City Land"). From the date the Final Plat is recorded, and the City becomes the owner in fee of the City Land, and thereafter in perpetuity, the City shall maintain the Lake at its sole cost (eJltcept as set out below), in tlia same manner the City maintains other lakes within its jurisdiction and under its controL The maintenance obligations of the City with respect to the Lake includes: 1. maintaining the landscaping improvements on the Lake in the same manner the City maintains other lakes within its jurisdiction and under its con1l'tll; 2. maintaining all irrigation systems for Lake landscapinJ in the same manner the City maintains other lakes within its jurisdiction and uDder its control; and 3. maintaining the aeration fOWlWn pwnp in the Lake in the same manner the City maintains other lakes within its jurisdiction and under its control. The texm "Requited Lake Le\rel" shall mean four hundred and fIfty-five and 40/100ths feet (455.4') above mean sea level. If and to the extent that achievement of the Required Lake Level by the City requires more than 1,250,000 gallons of water per year to be supplied to the Lake through the water line and meter for maintaining the level of the Lake, during my two out of the three calendar years 1990, 1991 or 1992, then the City shall have the right to r~ that the Authority construct a water well and associated pumps and lines to assist the City in maintaining the Required Lake Levol Range, at the sole cost of the Authority, and at no cost to the City (referred to in this instrument as the "Well"). If the Well is constnlcted by the Authority at the rc:quest of the City, the Authority shall turn the Well over to the City upon its completion, and its maintenance thereafter shall be the sole responsibility of the City, at its sole cost and at no cost to the Authority. The city shall charge no construction permit or similar fees for the construction of the Well. In DO event shall the Authority be required to spend more than $10,000.00 for the Well t:\wbWocWollOl05.m.2 06.08.8912.16 1~~J~_Pa.2 .... ~ , -.A SENT" BY: SM ITH UNDERWOOD ~- 8-89 12:54PM; 2146r~1~214 954 3334 ; ** 4 The tczm "Wen" shall mean a well conforming with these specifications: l. 2. 3. 4. S. 2 HP pump . Gould ModellORJ or equivalcm; 230 V sinjl~phasc wiring; 5" 0.0. casing; Furnu..~ 40 amp disconnect; and 300' -400 depth into Woodbine strata. The City and the Authority SO 8iI'CC. Mctrocrest Hospital Authority By: Max Raulins, Chainnan of the Board Attest: Bob Hancock, Authority Secretary A~ as to fonn: Snuth & Underwood, Authority Attomeys Thomas Allen Martin ill, Esquire City of Coppe1l Attest: By: Mayor City Secmary Approved as to form: Sallinger, Nichols, Jackson, Kirk &: Dillard, City Attorneys La~nce W. 1ackson, Esquire fl\whitJoclNOll010'.m2 06.08.8912.16 lM.t-l~nt6~]