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DR8601-CN 860812STATE OF TEXAS COUNTY OF DALLAS COST SHARING AGREEMENT WHEREAS, the condition of the Parkwood Subdivision drainage channel in the City of Coppell and situated between Parkwood Sub- division Sections I and II on one side and Parkwood Subdivision Section III on the other side has deteriorated considerably since its construction, and if improvements thereto are not made prompt- ly it is anticipated that the deterioration will continue and result in a substantial increase in the costs of making necessary repairs and improvements; and WHEREAS, the cause or causes for such unsatisfactory condition has not been ascertained to the satisfaction of all parties inter- ested in such channel, but four of the interested parties have a].l agreed that it would be in the best interests of all concerned to share in the costs of making necessary repairs and improvements; Therefore, for and in consideration of the mutual agreement of all of the other parties shown below, each of the parties hereto hereby agree to pay 25% of the construction costs to line approxi- mately 250 lineal feet of said channel and construct a concrete spillway at the end thereof, together with the excavation, grading and other miscellaneous costs generally included in the cost esti- mate prepared by Espey Huston & Associates, Inc. dated August 8, 1986. Provided, that this Agreement is not intended to specifi- cally compel the construction of exactly the improvements recom- mended by Espey,Huston as Alternative 2 for Earthen Channel with concrete bottom and the Concrete Spillway Structure as the Outfall Alternative, but imprOvements of this general type and nature are agreed to be improvements covered by this Agreement. Specific im- provements shall be submitted to each of the Parties prior to the letting of bids therefor and approval given if substantially dif- ferent from the aforesaid Espey,Huston Report. Provided, that the agreement to share the costs of said improvements shall be limited to $60,000, or $15,000 per Party, save and except that the City of Coppell and Coppell M.U.D. No. 1 shall share the engineering costs incurred and the City shall bear the costs of seeding the slopes of the Channel. This Agreement shall not be deemed to be an admission of any kind or type by any Party hereto that it admits to any responsi- bility or liability for any of the damages to the Channel, and in fact each Party expressly denies the same, but each Party has freely entered into this Agreement solely for the purpose of reaching a reasonable and prompt solution to a deteriorating type of situation which could result in property damages to adjoining property and affect the sa[ety of the res~denqs thereof. -2- If this Agreement is not executed by each of the Parties hereto shown below in multiple duplicate copies, each of which shall constitute an original, on or before Au~.u~t 15, this Agreement shall be null and void as to any Party that has executed this Agreement on or before that date. In witness whereof, the Parties hereto have, by their authorized representative, executed this Agreement. CITY OF COPPELL, TEXAS GENERAL H OME~~ ~ichael S. Gavin, Vice President COPPELL M.U.D. NO. 1 duly~ WISECO LAND DEVELOPMENT CO.