Coppell YMCA/SPAm-CS 991013RECEIVED
OCT 1 3 1999
RECORDS CENTER
DEVELOPMENT A~ELL
000227
This Development Agre~;;;("aAn~r~ee?we:~'~l) ~;emc~ o~1~; ;~ledTi2:
r'/ day of 0~-~ e nt of the
~, y ' y pp , , Te~s
mufficip~i~ ("City"), with ~ address of 255 Par~ay Boulevard, Coppell, Texas 75019,
and the ~CA of Metropolit~ Da~as, a Texas non-profit co~oratio~ acting by ~d
t~ou~ the Coppell F~ly ~CA ("~CA"), with ~ address of 146 To~ Cemer
Boulev~d, Coppell, Texas 75019.
RECITALS:
Whereas, the City is the current fee owner of that certain tract of land in the City
of Coppell, Dallas County, Texas, as more particularly described in Exhibit "A" (the
"Easement Parcel"), which is attached hereto and made a part hereof for all purposes; and,
Where~l~, the YMCA is the current owner of that certain tract of land in the City
of Coppell, Dallas County, Texas, as more particularly described in Exhibit "B" (the
"YMCA Parcel"), which is attached hereto and made a part hereof for all purposes, and
the improvements thereon (the "YMCA Facility"); and,
Whereas, the City has agreed to grant to the YMCA a use and construction
easement over and across the Easement Parcel and the other fights set forth herein
pursuant to the terms and conditions of this Agreement.
NOW, TltEREFORE, for and in consideration of Ten and no Dollars ($10.00)
and the terms, provisions and covenants set forth herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the City and
YMCA hereby agree as follows:
Grant of Parking Easement and Other Rights
1. The City, as the fee owner of the Easement Parcel, hereby grants and conveys to
the YMCA, for the benefit of all present and future owners &the YMCA Parcel and their
respective tenants, subtenants, lenders, successors, assigns, guests, agents, employees,
licensees, and invitees (collectively, "YMCA Parties"), a permanent non-exclusive
easement to use the Easement Pared for the purpose of the construction, use and
maintenance of a surface parking lot for vehicular access and parking (the "Parking Lot")
in accordance with the following terms and conditions:
(a)
Agreement
The YMCA shall have the right (but without any obligation), for a period
of six (6) months after the dated hereof (the "Construction Period"), to
enter into the Easement Parcel and construct, or to engage third party
contractors to enter onto the Easement Parcel and construct, in accordance
with City Ordinances and private deed restrictions, on behalf of the
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28270
(c)
(d)
YMCA, the Parking Lot in accordance with the criteria set forth on Exhibk
"C", which is attached hereto and made a part hereof for all purposes. The
City shall reasonably cooperate with the YMCA and/or any contractor of
the YMCA in constructing the Parking Lot, except that the cost thereof
shall be borne by the YMCA. If the YMCA fails to complete the Parking
Lot within the Construction Period, then the easement and rights 8ranted in
this subparagraph (a) shall terminate and be of no further force or effect.
Notwithstanding the foregoing, the Construction Period shall be extended
for each day that construction of the Parking Lot is delayed, upon
reasonable notice to the City, by weather conditions, material or labor
shortages, and other factors beyond the YMCA's reasonable control.
Upon completion of the Parking Lot in accordance wkh the criteria set
forth on Exhibit "C", the City shall be responsible, at its sole costs, for all
maintenance, operations and repairs, including, without limitation, lighting,
irrigation and care of landscaping, resurfacing and re-striping of parking
areas; provided, however, that the YMCA will assign to the City any
construction warranties that may be provided to the YMCA by its third
party contractors. The City covenants and agrees to perform its obligation
under this subparagraph, without cost to the YMCA, in substantially the
same manner, at substantially the same time intervals and with substantially
the same diligence, as it does for other City-owned or managed parking
lots.
Upon completion of the Parking Lot the City, the YMCA, and YMCA
Parties shall have the joint, non-exclusive use of the Parking Lot for
vehicular parking and YMCA facility located immediately to the south of
the Parking Lot, respectively. Use of parking spaces shall be on a "first
come, first serve" basis, and overnight parking or storage of vehicles or
other equipment or items shall be prohibited. The YMCA's use and
enjoyment of the Parking Lot shall be without cost to the YMCA (other
than for the initial construction of the Parking Lot as set forth in Exhibit
"C").
The City agrees not to construct or place any improvements or other
obstructions on the Parking Lot or to otherwise interfere with the YMCA's
use of the Parking Lot for the purposes contemplated herein.
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Agreement 28270
IL
Reciprocal Grant of Driveway Access Easement
A portion of the existing driveway entrance that provides access from the Town
Center Boulevard to the YMCA Parcel is located on the Easement Parcel, as shown on
Exhibit "D" which is attached hereto and made a part hereof for all purposes (the "City-
Owned Portion of the Driveway"). The City, as the fee owner of the Easement Parcel,
hereby grants and conveys to the YMCA, for the benefit of the YMCA and all present and
future YMCA Parties, a non-exclusive easement for vehicular ingress and egress over and
across the City-Owned Portion of the Driveway between the YMCA Parcel and Town
Center Boulevard, along with the exclusive right to pave and maintain the City-Owned
Portion of the Driveway consistent with the driveways and parking areas located on the
YMCA Parcel in accordance with the local development codes and ordinances. The City
agrees not to construct or place any improvement or other obstruction on the City-Owned
Portion of the Driveway or to otherwise interfere with the YMCA's use of the City-
Owned Portion of the Driveway for the purposes contemplated herein. The YMCA's use
and enjoyment of the City-Owned Portion of the Driveway shall be without cost to the
YMCA. Likewise, the YMCA, as the fee owner of the portion of the existing driveway
entrance from Town Center Boulevard to the YMCA Parcel that is not located on the
Easement Parcel, as shown on Exhibit "D" which is attached hereto and made a part
hereof for all purposes, hereby grants and conveys to the City a permanent non-exclusive
easement for vehicular ingress and egress over and across that portion of the existing
driveway entrance from Town Center Boulevard to the YMCA Parcel that is owned by
the YMCA and reasonably necessary for vehicular ingress and egress between Town
Center Boulevard and the Parking Lot (the "YMCA-Owned Portion of the Driveway").
The City's use and enjoyment of the YMCA- Owned Portion of the Driveway shall be
without cost to the City. The foregoing easement granted to the City shall exist for so
long as the YMCA's easement to use the parking lot exists.
Local Regulations
The YMCA hereby further agrees to comply with all applicable local development
codes and ordinances; and, in addition YMCA agree to comply with private deed
covenants or regulations applicable to such development as contemplated herein.
IV.
Successors And Assigns
This Agreement and the rights, benefits, duties and obligations and the other terms
and provisions set forth in this Agreement shall be convenants that mn with and bind the
Easement Parcel and the YMCA Parcel, respectively; provided, however, that after an
owner shall have conveyed and transferred title to the Easement Parcel or the YMCA
Parcel, as the case may be, such owner shall be released from any and all of the duties,
obligations, and liabilities that accrue with respect to the particular Parcel conveyed and
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Agxeement 2a27o
transferred fi.om and after the date of such conveyance and transfer, but such owner shall
remain liable for the duties, obligations, and liabilities that accrued prior to the date of
such conveyance and transfer.
No Partnership
This Agreement shall not create an association, partnership, joint venture, or a
principal and agency relationship between the owner of the Easement Parcel and/or the
owner of the YMCA Parcel.
Severabili~
If any provision of this Agreement is held to be illegal, invalid or unenforceable
under present or future laws effective during the term of this Agreement, then the legality,
validity, and enforceability of the remaining provisions of this Agreement shall not be
affected thereby and shall remain in full force and effect to the fullest extent permitted by
law.
VIL
No Merger
It is expressly understood and agreed that the easements, rights and privileges
granted and conveyed herein shall not be merged or extinguished by reason of the fact that
the legal or beneficial title to the Easement Parcel and the YMCA Parcel (or any interest
therein or part thereof), as the case may be, is or may be vested in the same person or
entity, except if said owner expressly states an intent for such merger to occur in a
document filed of record.
Amendment; Termination
This Agreement may be modified, amended or terminated only upon the filing in
the official records of Dallas County, Texas of an instrument executed by the current
owner of the Easement Parcel and the current owner of the YMCA Parcel.
Prior Agreements
This Agreement supersedes any and all prior agreements between the City and the
YMCA regarding the Easement Parcel; however, in no event shall this Agreement
supersede the YMCA's right to use any athletic field or city owned property as previously
agreed by the City Manager, on behalf of the City, and the Executive Director, on behalf
of the YMCA.
Pa~¢ 4
Agreement 28270
Governing Law
This Agreement shall be construed in accordance with and governed by the laws of
the State of Texas, and venue shall be in Dallas County, Texas.
Executed and effective as of the date first set forth hereinabove.
Approv o
By: ~~
YI/CA OF HETROPOLITAII DALI'S,
a Texas non-profit corporation
Name:
Title: ~l~;&.~ '
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This. instrume_nt was acknowledged before me onlhis t day o,f ,
1999, by ~ 0 a~ ~ , ~JLL~-~c[L~_~
of The Y/iCA of getropoJitan Dallas, a Texas non-profit corporation, on behalf
· v Notary Public Sign~tur~ -
(PERSONALIZED SEAL)
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Agreement 28270
Executed and effective as of the date first set forth hereinabove.
X.
~ CITY OF COPPELL, TEXA~,
a Texas municipality
By: ~~~
Name:
Title: 'P4~"~O~
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on this / ~/~day of ~~.~l~
1999, by
of th~ City of Cbppell~ Texas, on behalf of said Ci~.
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Agreement 2827o
NOR'ltl
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IIII
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Exhibit B
YMCA Parcel
[SEE ATTACHED]
Parking and Access Agreement
D-679743.1
Page 7
Exhibit C
The construction of the parking lot will meet all city requirements in terms
of construction materials, site utilities, landscaping and irrigation.
Exhibit D
Ex/sting Driveway
(City-Owned Portion of Existing Driveway and YMCA-Owned Portion of Existing Driveway)
[SEE ATTACHED]
Parking and Access Agreement
D-679743.1
Page 9