Gibbs Station 1-CS 970815LAWRENCE W. JACKSON
ROBERT L. DILLARD III
ROBERT E. HAGER
PETER G. SMITH
DAVID M. BERMAN
BRUCE A. STOCKARD
Mike Martin
Assistant City Engineer
City of Coppell
255 Parkway Boulevard
P.O. Box 478
Coppell, Texas 75019
Dear Mike:
NICHOLS, JACKSON, DILLARD, HAGER SMITH, L.L.P.
/4 1(jd
Attorneys Counselors at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 965 -9900
Fax (214) 965 -0010
August 15, 1997
JOHN F. ROEHM III
JENNIFER R. DIETZE
JASON C. MARSHALL
ROBERT L. DILLARD, JR.
H. LOUIS NICHOLS
OF COUNSEL
RE: Coppell Escrow Agreement By and Between the City of Coppell, Texas and
Weekly Homes, LP.
Enclosed please find an original and copies of the Coppell Escrow Agreement by and
between the City of Coppell, Texas and Weekly Homes, L.P. Please attach Exhibit to the
Agreement.
Thank you for your attention to this matter. If you have any questions in this regard,
please do not hesitate to contact me.
PGS /ttl
Enclosures
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER SMITH, L.L.P.
B :C
y
Peter G. Smith
s s
STATE OF TEXAS
COUNTY OF DALLAS
Coppell Escrow Agreement Page 1
WITNESSETH:
ESCROW
PROJECT
ESCROW AGREEMENT
THIS AGREEMENT, is made and entered by and between the City of Coppell, Texas,
(hereinafter "the CITY") and Weekly Homes, L.P. (hereinafter "DEVELOPER
WHEREAS, DEVELOPER and the CITY desire to enter into a certain written Agreement
for the payment of escrow funds for public improvements consisting of filling voids, stabilizing, and
lifting a concrete curb section which has settled along 935 Village Parkway in the City of Coppell,
Texas and being more particularly described in Exhibit "A" attached hereto. Construction of the
foregoing repairs and improvements is hereafter referred to as the "PROJECT."
NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein,
including recitals set forth hereinabove and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the CITY and the DEVELOPER agree as follows:
1. The DEVELOPER shall place into an escrow account with the CITY, the sum of
THEE THOUSAND AND NO /100 DOLLARS ($3,000.00) for the improvement of the Village
Parkway curb section "Escrow Amount").
2. The DEVELOPER agrees to pay to CITY the ESCROW AMOUNT within ten (10)
days after executing this Agreement.
3. This Agreement and its performance by DEVELOPER will satisfy all the current
obligations of the DEVELOPER to provide for the construction or escrow of fees for maintenance of
the Village Parkway curb section.
4. Any funds remaining in escrow after full payment for all costs of the PROJECT shall be
returned to the DEVELOPER If the actual costs of the PROJECT exceed the escrow funds, the
DEVFT.OPER must, after ten (10) days written notice from the CITY, pay the increased ESCROW
AMOUNT.
5. The CITY agrees to contract the completion of the project as set forth herein in
accordance with the terms and conditions of this Agreement.
SS10613
6. The CITY'S duties shall be to fill any voids, stabilize, and lift the concrete
pavement to restore drainage.
7. All costs of the PROJECT are to be borne by the ESCROW AMOUNT.
8. This Agreement constitutes the sole and only agreement of the parties and
supersedes any prior understandings or written or oral agreements between the parties respecting
this subject matter.
9. If any action at law or in equity is brought to enforce or interpret the provisions of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to
any remedy to which the party may be entitled.
Coppell Escrow Agreement Page 2
ENTIRE AGREEMENT
ATTORNEY'S FEES
GOVERNING LAW
10. The validity of this Agreement and any of its terms or provisions, as well as the
rights and duties of the parties, shall be governed by the laws of the State of Texas; and any venue
for any action concerning this Agreement shall be in Dallas County, Texas.
AMENDMENT
11. This Agreement may be amended by the mutual agreement of the parties to it, in a
writing to be attached to and incorporated in this Agreement.
LEGAL CONSTRUCTION
12. In the event any one or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provisions, and the Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
LIABILITIES
13. The DEVELOPER shall not assert any claim arising out of any act or omission by
any officer, agent or employee of the CITY in the execution or performance of this Agreement
against that officer, agent or employee. Those claims may be made against the CITY.
SS10613
14. Nothing in this Agreement shall be construed to give any person other than the
CITY and the DEVELOPER any legal or equitable right, remedy or claim under this Agreement;
but it shall be held to be for the sole and exclusive benefit of the CITY and the DEVELOPER.
NOTICE
15. Any notice required or permitted to be delivered hereunder shall be deemed
received when sent by United States mail, postage prepaid, certified mail, return receipt
requested, addressed to CITY or the DEVELOPER as the case may be at the address set forth
opposite the signature of the party.
TERMINATION
16. This Agreement may not be terminated by either of the parties.
EXECUTED this the day of 1997.
WEEKLY HOMES, L.P. CITY OF COPPELL
By: By:
NAME: JIM WITT, CITY MANAGER
TITLE:
Address: Address: 255 Parkway Boulevard
P.O. Box 478
Coppell, Texas 75019
Coppell Escrow Agreement Page 3
SS10613
STATE OF TEXAS
COUNTY OF DALLAS
I hereby certify that on this day, before me, the undersigned authority, personally appeared
of
known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged that he executed the same on behalf of the said corporation for the
purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My commission expires 19
STATE OF TEXAS
COUNTY OF DALLAS
I hereby certify that on this day, before me, the undersigned authority, personally appeared
of
known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged that he executed the same on behalf of the said corporation for the
purposes therein contained.
1N WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public, State of Texas
My commission expires 19
Coppell Escrow Agreement Page 4
Notary Public, State of Texas
SS10613
WEEKLEY HOMES, L.P.
MANUAL ACCOUNT
1300 POST OAK BLVD., SUITE 1000
HQUS.TON, TOWS 77056
Three °Thousand and 0011
a4M1O E
O. eox 500 (713) 7514100
HOUSTON. TEXAS 77001
gibbs station
ono 3 34961" L L 3 LO 0,0 Li: 93 20000 L4 He
88.140
1131
PAY TO THE
ORDER OF ,000.00
t OPPelt
OID AFTER 60 DAYS
No.033496
8/12/1997
WEEKLEY HOMES, L.P.
MANUAL ACCOUNT
City of Coppefl
Repairs
Weektey Hopes, ion
0199999.9624
Gibbs Station
V# 1116
8/13/1997
No.033496
3,000.00
31000.00