Enclaves/FP-CS 950417KASHIR & KRAGE, L.L.R
ATTORNEYS AND COUNSELORS AT LAW
2001 BRYAN TOWER
SUITE 2700
DALLAS, TEXAS 75P01-3059
2i4/969-7500
214/22o-o25o
April 17, 1995
HAND DELIVERED
Robert L. Dillard, III, Esq.
Nichols, Jackson, Dillard, Hager
& Smith, L.L.P.
1800 Lincoln Plaza
500 North Akard Street
Dallas, Texas 75201
Re:
The Enclaves on the Parkway, a proposed addition to
the City of Coppell, Dallas County, Texas
Dear Mr. Dillard:
In connection with the development of The Enclaves on the Park-
way, you will find enclosed herewith a copy of the Development and
Maintenance Agreement that was recorded in Volume 95067, Page 03601
of the Deed Records of Dallas County, Texas.
Thank you for your assistance in this matter.
Very truly yours,
CDK/dgh
Enclosure
Cyril D. Kasmir
cc:
Mr. David R. Blom
President
WPC - Parkway Development Corporation
(Via telecopier to 278-8187
[without enclosure] and regular mail
[with enclosure])
KASMIR &
KRAGE~ L.L.P.
Robert L. Dillard, III, Esq.
April 17, 1995
Page 2
Mr. Jim Witt
City Manager
City of Coppell
(Via regular mail)
(With enclosure)
William A. Anderson, P.E.
Dowdey, Anderson and Associates, Inc.
(Via regular mail)
(With enclosure)
ws3\1163
WHEREAS, the Developer and the Channel Tract Owner are devel-
oping the Single-Family Tract and the Channel Tract into a single-family
residential addition to the City to be known as "The Enclaves on the
Parkway" (hereinafter called the "Subdivision"), in accordance with the
Final Plat of The Enclaves on the Parkway that will be reviewed and
approved by the City and that will be recorded in the Plat Records of
Dallas County, Texas (hereinafter called the "Final Plat"); and
WHEREAS, the Homeowners' Association has been formed for the
purpose of maintaining the areas of the Subdivision that will be desig-
nated as Lots C-1, C-2 and C-3 in Block A on the Final Plat (hereinafter
collectively called the "Common Areas"); and
WHEREAS, the Parties have agreed to cooperate in the develop-
ment and maintenance of portions of the Single-Family Tract and of the
Channel Tract in accordance with the terms and provisions of this Devel-
opment and Maintenance Agreement;
NOW, THEREFORE, for and in consideration of the premises, the
agreements that are set forth herein and other good and valuable consid-
eration, the receipt, sufficiency and adequacy of which are hereby
acknowledged, the Parties agree as follows:
(1) RECITALS. The foregoing recitals are true, correct and
complete and constitute the basis for this Development and Maintenance
Agreement and they are incorporated into this Development and Mainte-
nance Agreement for all purposes.
(2) DESIGN OF THE IMPROVEMENTS. The Developer shall
retain the necessary parties and shall coordinate and supervise the
preparation of the plans for the improvements that are to be made to the
Single-Family Tract and the Channel Tract in accordance with this
Development and Maintenance Agreement (hereinafter collectively called
the "Development Plans"), at the sole cost and expense of the Developer.
The Development Plans shall be subject to the prior written approval of
all of the other Parties, which approval shall not be unreasonably with-
held. The Development Plans may not be amended or revised without
the prior written approval of all of the Parties, which approval shall not
be unreasonably withheld.
DEVELOPMENT AND
MAINTENANCE AGREEMENT - Page 2 of 16 Pages
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95067 03602
DEVELOPMENT AND MAINTENANCE AGREEMENT
This Development and Maintenance Agreement is entered into nb=~n
TOTL
and among the following: aoot 7819 O0000OO 7363
(1) CITY OF COPPELL, TEXAS (hereinafter called
the "City");
(2)
WPC - PARKWAY DEVELOPMENT CORPORA-
TION, a Texas corporation (hereinafter called the
"Developer");
Sl.OC
(3)
PARKWAY/COPPELL PROPERTY CORPORA-
TION, a Texas corporation (hereinafter called the
"Channel Tract Owner"); and
(4) HOMEOWNERS' ASSOCIATION OF THE
ENCLAVES ON THE PARKWAY, INC., a Texas
non-profit corporation (hereinafter called the
"Homeowners' Association").
The City, the Developer the Channel Tract Owner and the Home-
owners' Association are hereinafter individually referred to as a "Party"
and collectively referred to as the "Parties".
WITNE88ETH:
WHEREAS, the Developer is the owner of that certain approxi-
mately 5.843 acre tract of real property that is located in the City of
Coppell, Dallas County, Texas, the legal description of which tract is
marked Exhibit A - Legal Description of the 5.843 Acre Single-Family
Tract, attached hereto and incorporated herein for all purposes, and a
map of which tract is marked Exhibit B - Map of the 5.843 Acre Single-
Family Tract, attached hereto and incorporated herein for all purposes
(hereinafter called the "Single-Family Tract"); and
WHEREAS, the Channel Tract Owner is the owner of that certain
approximately 2.729 acre tract of real property that is located in the City
of Coppell, Dallas County, Texas, the legal description of which tract is
marked Exhibit C - Legal Description of the 2.729 Acre Channel _Tr~act.,
attached hereto and incorporated herein for all purposes, and a map of
which tract is marked Exhibit D - Map of the 2.729 Acre Channel Tract,
attached hereto and incorporated herein for all purposes (hereinafter
called the "Channel Tract"); and
DEVELOPMENT AND ~/)/~//~t~// ~
MAINTENANCE AGREEMENT - Page 1 of 16 Pages ,,,~ .,~-
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(3) BUDGET FOR THE IMPROVEMENTS. The Developer shall
retain the necessary parties and shall coordinate and supervise the
preparation of the budget for the improvements that are to be made to
the Single-Family Tract and the Channel Tract in accordance with the
Development Plans (hereinafter collectively called the "Development
Budget"), at the sole cost and expense of the Developer. The Develop-
ment Budget shall be subject to the prior written approval of all of the
other Parties, which approval shall not be unreasonably withheld. The
Development Budget may not be amended or revised without the prior
written approval of all of the Parties, which approval shall not be unrea-
sonably withheld.
(4) CONSTRUCTION OF THE IMPROVEMENTS. The Developer
shall retain the necessary parties and shall coordinate and supervise the
construction of all of the improvements that are to be made to the Single-
Family Tract and the Channel Tract in accordance with the Development
Plans and the Development Budget. The contracts for the construction
of the improvements that are to be made to the Single-Family Tract and
the Channel Tract (hereinafter collectively called the "Construction
Contracts") shall be executed by the Developer and shall be subject to
the prior written approval of all of the Parties, which approval shall not
be unreasonably withheld. The Construction Contracts may not be
amended or revised without the prior written approval of all of the Par-
ties, which approval shall not be unreasonably withheld. The construc-
tion of the improvements that are to made to the Single-Family Tract and
the Channel Tract shall be performed in accordance with all applicable
laws, statutes, ordinances, regulations, orders and restrictions of the
City. The Developer shall obtain all necessary permits, licenses and
approvals from all requisite governmental authorities.
(5) AREA A ON THE DEVELOPMENT MAP. The following
improvements (hereinafter collectively called the "Area A Improvements")
shall be made by the Developer to the portion of the Single-Family Tract
that is designated as "Area A" (hereinafter called "Area A") on the Devel-
opment Map which is marked Exhibit E '- Development Map, attached
hereto and incorporated herein for all purposes (hereinafter called the
"Development Map"):
DEVELOPMENT AND
MAINTENANCE AGREEMENT - Page 3 of 16 Pages
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(A) Five foot (5') wide sidewalk of approximately one
thousand sixty (1,060) lineal feet;
(B) Grass established by hydromulch of approxi-
mately thirty-one thousand eight hundred
(31,800) square feet;
(C) System to irrigate approximately thirty-one
thousand eight hundred (31,800) square feet;
(D) Seventeen (17) two inch (2") Caliper trees as
listed in the streetscape plan submitted with the
Final Plat; and
(E) Milsap stone "hard edge" of approximately one
thousand eighty (1,080) lineal feet which will
extend eighteen inches (18") above the water
surface and eighteen inches (18") below the
water surface with a twelve inch (12") base.
The Area A Improvements shall be completed within one hundred
twenty (120) working days following the approval of the Development
Plans and the Development Budget by all of the Parties.
The cost of the Area A Improvements shall be paid by the Devel-
oper; provided, however, that the City shall pay and apply the park fee
that will be paid by the Developer to the City upon the approval and
recordation of the Final Plat in the amount of Twenty-Six Thousand Nine
Hundred Eighty-Five Dollars ($26,985.00) to the Developer to reimburse
the Developer for a portion of the cost of the Area A Improvements that
are set forth above in Subsections (A), (B), (C) and (D) of this Section (5)
upon completion of the Area A Improvements.
Until the completion of the Area A Improvements and the Area B
Improvements (which term is hereinafter defined), the Developer shall be
responsible for the maintenance of Area A, the Area A Improvements and
the Common Areas. Upon the completion of the Area A Improvements
and the Area B Improvements, the Homeowners' Association shall be
responsible for the maintenance of Area A, the Area A Improvements and
the Common Areas.
The Developer will require the builder which is constructing
houses on the Single-Family Tract to install a five foot (5') high decorative
metal fence in general conformance in design and appearance with
existing adjacent fencing along the rear of lots in Area A as each appli-
cable dwelling unit is completed.
DEVELOPMENT AND
MAINTENANCE AGREEMENT - Page 4 of 16 Pages
95067 0360
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(6) AREA B ON THE DEVELOPMENT MAP. The following
improvements (hereinafter collectively called the "Area B Improvements")
shall be made by the Developer to the areas that are designated as
(hereinafter collectively called "Area B") on the Development
"Area B"
Map:
{A) Grass established by hydromulch of approxi-
mately thirty-four thousand nine hundred fifty
(34,950) square feet in the portion of Area B that
is adjacent to the Parkview Addition and
approximately seventeen thousand two hundred
(17,200) square feet in the portion of Area B that
is adjacent to the Pecan Hollow Addition; and
(B) Milsap stone "hard edge" of approximately seven
hundred fifteen (715} lineal feet in the portion of
Area B that is adjacent to the Parkview Addition
and approximately five hundred thirty-five (535)
lineal feet in the portion of Area B that is adja-
cent to the Pecan Hollow Addition which will
extend eighteen inches (18") above the water
surface and eighteen inches {18") below the
water surface with a twelve inch (12") base.
The Area B Improvements shall be completed within one hundred
twenty (120) working days following the approval of the Development
Plans and the Development Budget by all of the Parties.
The cost of the Area B Improvements shall initially be paid by the
Developer; provided, however, that the City shall reimburse the Devel-
oper for the cost of the Area B Improvements in an amount that shall not
exceed Forty-Four Thousand Six Hundred Eighty-Eight Dollars
($44,588.00} immediately after payments are made by the Developer in
accordance with the applicable Construction Contracts. Any additional
improvements that the City deems necessary or desirable shall be paid in
full by the City.
Until the completion of the Area A Improvements and the Area B
Improvements, the Developer shall be responsible for the maintenance of
Area B and the Area B Improvements. Upon the completion of the Area A
Improvements and the Area B Improvements, the City shall be responsi-
ble for the maintenance of Area B and the Area B Improvements.
(7) AREA C ON THE DEVELOPMENT MAP. The following
improvements (hereinafter collectively called the "Area C Improvements")
shall be made by the Developer to the area that is designated as "Area C"
DEVELOPMENT AND /~/}1~/ ~
MAINTENANCE AGREEMENT- Page 5 of 1/5 Pages ,,-,, ~-
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(hereinafter called "Area C") on the Development Map (which Area C is
designated as Lot 23, Block A on the Final Plat):
(A) Installation of approximately four hundred thirty
(430) lineal feet of storm sewer not to exceed
sixty inches (60") in diameter; and
(B) Grass established by hydromulch of approxi-
mately nineteen thousand (19,000) square feet.
The Area C Improvements shall be completed within one hundred
twenty (120) working days following the approval of the Development
Plans and the Development Budget by all of the Parties.
The cost of the Area C Improvements shall initially be paid by the
Developer; provided, however, that the City shall reimburse the Devel-
oper for the cost of the Area C Improvements immediately after payments
are made by the Developer in accordance with the applicable Construc-
tion Contracts.
Upon completion of the Area C Improvements, the Channel Tract
Owner will convey Area C to the City.
Beginning upon the completion of the Area C Improvements, the
City shall be responsible for the maintenance of Area C and the Area C
Improvements.
(8) CHANNEL TRACT. The following improvements (hereinafter
collectively called the "Channel Tract Improvements") shall be made by
the Developer to the Channel Tract:
(A) Channel excavation of approximately eight thou-
sand one hundred (8,100) cubic yards of mate-
rial to dimensions of a forty-eight inch (48") wide
top, 3:1 side slopes and a depth of eight inches
(8"); and
(B) Disposal of unusable vegetation of approxi-
mately four thousand two hundred (4,200) cubic
yards of material.
The Channel Tract Improvements shall be completed within one
hundred twenty (120) working days following the approval of the Devel-
opment Plans and the Development Budget by all of the Parties.
The cost of the Channel Tract Improvements shall be paid by the
Developer.
MAINTENANCE AGREEMENT - Page 6 of 16 Pages
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95067 03606
Beginning upon the completion of the Channel Tract Improve-
ments, the City shall be responsible for the maintenance of the Channel
Tract, except for the portion of the channel Tract which is designated as
Area A, which Area A shall be maintained initially by the Developer and
then by the Homeowners' Association.
19) AERATION PUMP. The Developer shall install an aeration
pump (hereinafter called the "Aeration Pump"} at the location that is
shown on the Development Map in' accordance with the specifications
and requirements of the City.
The Aeration Pump shall be installed within one hundred twenty
(120} working days following the approval of the Development Plans and
the Development Budget by all of the Parties.
The cost of the Aeration Pump shall be paid by the Developer.
Beginning upon the completion of installation of the Aeration
Pump, the City shall be responsible for the payment of the operating
costs of the Aeration Pump and the maintenance of the Aeration Pump
that is required in addition to the manufacturer's warranty of the Aera-
t. ion Pump.
(10} RELATIONSHIP OF THE PARTIES. Neither this Development
and Maintenance Agreement nor the actions of the Parties are intended
or shall be deemed or construed by any of the Parties or by any third
party to create an agency relationship, general or limited partnership,
joint venture or any association among the Parties. The relationship
among the Parties shall be limited to the performance of the specific
obligations that are described in and contemplated by this Development
and Maintenance Agreement in accordance with the terms of this Devel-
opment and Maintenance Agreement.
(11) COMPLIANCE WITH LAWS. The Parties shall each perform
their specific obligations that are described in and contemplated by this
Development and Maintenance Agreement strictly in accordance with all
applicable laws, statutes, ordinances, regulations, orders and restric-
tions. Each of the Parties shall obtain all necessary permits, licenses,
approvals and/or exemptions from all requisite governmental authorities
prior to the implementation of the respective action with respect to which
such approval, license, permit, authorization or exemption is required.
DEVELOPMENT AND
MAINTENANCE AGREEMENT - Page 7 of 16 Pages
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(12) INDEMNIFICATION. Each of the Parties hereby indemnifies
the other Parties and agrees to hold each of them harmless from any and
ail claims, actions, causes of action, damages, losses, liabilities, costs
and expenses (including reasonable attomeys' fees and expenses) that
are incurred by or asserted against ail of the other Parties in connection
with or with respect to the performance of the specific obligations that
are described in and contemplated by this Development and Mainte-
nance Agreement that are caused by the negligence, willful misconduct
or fraud of that respective Party or the officers, directors, employees or
authorized agents of that respective Party.
(13) COVENANTS RUNNING WITH THE LAND. The specific
obligations of the Developer that are described in and contemplated by
this Development and Maintenance Agreement shall be obligations that
shall run with the Single-Family Tract and shail be binding on ail parties
having or acquiring any right, title or interest in the Single-Family Tract
or any part thereof.
Upon the completion of the Developer's obligations under this
Development and Maintenance Agreement, the Parties will execute and
deliver to the Developer a release of this Development and Maintenance
Agreement in recordable fo,u, with respect only to Lots i through 21,
inclusive, in Block A of the Single-Family Tract as shown on the Finai
Plat.
(14) NO ASSIGNMENT. None of the Parties may assign any of its
respective rights, duties, responsibilities or obligations under this Devel-
opment and Maintenance Agreement without the prior written consent of
the other Parties.
(15) FORCE MAJEURE. None of the Parties shall be deemed to
be in breach of this Development and Maintenance Agreement in the
event that it is prevented from performing any of its duties, responsibili-
ties or obligations hereunder as a result of acts of God, inclement
weather, riots, strikes, fires, storms, public disturbances or any rule,
regulation, statute or ordinance of the federal government, the State of
Texas, the County of Dailas, the City and/or any agency or instrumental-
ity of them having jurisdiction over the Parties or over the Single-Family
Tract, the Common Areas or the Channel Tract.
DEVELOPMENT AND
MAINTENANCE AGREEMENT - Page 8 of 16 Pages
95067
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03608
(16} ENTIRE AGREEMENT. This Development and Maintenance
Agreement and the attached exhibits, which are incorporated herein for
all purposes, supersede any and all other understandings and agree-
ments, either oral or in writing, among the Parties with respect to the
development and maintenance of the Single-Family Tract, the Common
Areas and the Channel Tract and constitute the sole and only agreement
among the Parties with respect to the development and maintenance of
the Single-Family Tract, the Common Areas and the Channel Tract. All
prior negotiations and agreements among the Parties with respect to the
development and maintenance of the Single-Family Tract, the Common
Areas and the Channel Tract, including, but not limited to, the various
correspondence among the Parties, are merged into this Development
and Maintenance Agreement. Each Party to this Development and
Maintenance Agreement acknowledges that no representations, induce-
ments, promises or agreements, orally or otherwise, have been made by
any Party or by anyone acting on behalf of any Party, which are not
embodied in this Development and Maintenance Agreement and that any
agreement, statement or promise that is not contained in this Develop-
ment and Maintenance Agreement shall not be valid or binding or of any
force or effect.
(17) GENDER AND NUMBER. Words of any gender that are used
in this Development and Maintenance Agreement shall be held and
construed to include any other gender, and words in the singular num-
ber shall be held to include the plural, and vice versa, unless the context
requires otherwise.
(18) MODIFICATION. No change or modification of this Develop-
ment and Maintenance Agreement shall be valid or binding upon the
Parties unless the change or modification is in writing and signed by all
of the Parties.
(19) HEADINGS. The headings that are used in this Development
and Maintenance Agreement are used for reference and convenience
purposes only and do not constitute substantive matters to be consid-
ered in construing the terms and provisions of this Development and
Maintenance Agreement.
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95067 03609
(20) TEXAS LAW TO APPLY. THIS DEVELOPMENT AND MAIN-
TENANCE AGREEMENT SHALL BE GOVERNED BY, CONSTRUED AND
ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
TEXAS (EXCLUDING ANY CONFLICTS-OF-LAW RULE OR PRINCIPLE OF
TEXAS LAW THAT MIGHT REFER THE GOVERNANCE, CONSTRUCTION
OR INTERPRETATION OF THIS DEVELOPMENT AND MAINTENANCE
AGREEMENT TO THE LAWS OF ANOTHER STATE).
(21) LEGAL CONSTRUCTION. In the event that any one or more
of the te~-~s, provisions or agreements that are contained in this Devel-
opment and Maintenance Agreement shall be held by a Court of compe-
tent jurisdiction to be invalid, illegal or unenforceable in any respect for
any reason, the invalid, illegal or unenforceable te,~, provision or
agreement shall not affect any other term, provision or agreement that is
contained in this Development and Maintenance Agreement and this
Development and Maintenance Agreement shall be construed as if the
invalid, illegal or unenforceable term, provision or agreement had never
been contained herein.
The Parties acknowledge that each Party and its counsel have
reviewed this Development and Maintenance Agreement and that the
normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting Party shall not be employed in the interpre-
tation of this Development and Maintenance Agreement or any amend-
ment hereto.
No provision of this Development and Maintenance Agreement
shall be deemed to have been waived by any of the Parties unless the
waiver is in writing and signed by the Parties. No custom or practice
which may evolve among the Parties during the te~iA of this Development
and Maintenance Agreement shall be deemed or construed to waive or
lessen the right of any of the Parties to insist upon strict compliance with
the terms of this Development and Maintenance Agreement.
(22) NOTICE. Any notice that is required or permitted to be given
or delivered under this Development and Maintenance Agreement shall
be deemed to be given or delivered only when actually received by the
Party to whom the notice is addressed or when actually delivered to the
address of that Party, as evidenced by a receipt signed by a person at the
MAINTENANCE AGREEMENT - Page 10 of 16 Pages
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95067 036 lO
I
appropriate address, at the addresses that are set forth below, or at any
other addresses that they have theretofore specified by written notice
delivered in accordance herewith:
(A} Notice to the City shall be addressed and
delivered as follows:
CITY OF COPPELL
255 PARKWAY BOULEVARD
COPPELL, TEXAS 75019
ATTENTION: JIM WITT
CITY MANAGER
With a copy thereof addressed and delivered as
follows:
PETER G. SMITH, ESQ.
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
1800 LINCOLN PLAZA
500 NORTH AKARD STREET
DALLAS, TEXAS 75201
(B)
Notice to the Developer shall be addressed and
delivered as follows:
WPC - PARKWAY DEVELOPMENT CORPORATION
C/O WILBOW CORPORATION INC.
3960 BROADWAY - SUITE 125
GARLAND, TEXAS 75043
ATTENTION: DAVID R. BLOM
PRESIDENT
With a copy thereof addressed and delivered as
follows:
CYRIL D. KASMIR, ESQ.
KASMIR & KRAGE, L.L.P.
2001 BRYAN TOWER - SUITE 2700
DALLAS, TEXAS 75201-3059
(c)
Notice to the Channel TraCt Owner shall be
addressed and delivered as follows:
PARKWAY/COPPELL PROPERTY CORPORATION
C/O WILBOW CORPORATION INC.
3960 BROADWAY - SUITE 125
GARLAND, TEXAS 75043
ATTENTION: DAVID R. BLOM
PRESIDENT
DEVELOPMENT AND iff/~0~//~//~
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95067 0361 I
With a copy thereof addressed and delivered as
follows:
CYRIL D. IG~SMIR, ES(~.
B~SMIR & KRAGE, L.L.P.
2001 BRYAN TOWER - SUITE 2700
DALLAS, TEXAS 75201-3059
Notice to the Homeowners' Association shall be
addressed and delivered as follows:
HOMEOWNERS' ASSOCIATION OF THE
ENCLAVES ON THE PARKWAY, INC.
C/O WIt,BOW CORPORATION INC.
3960 BROADWAY - SUITE 125
GARLAND, TEXAS 75043
A'FI'ENTION: DAVID R. BLOM
PRESIDENT
With a copy thereof addressed and delivered as
follows:
CYRIL D. KASMIR, ES(~.
IQ~SMIR & KRAGE, L.L.P.
2001 BRYAN TOWER - SUITE 2700
DALLAS, TEXAS 75201-3059
Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was actually received
shall be deemed to be receipt of the notice.
(23) PLACE OF PERFORMANCE AND VENUE. The duties, obli-
gations and responsibilities of the Parties under this Development and
Maintenance Agreement shall be and are perfoi~able in Dallas County,
Texas. The Parties consent and agree that venue of any action brought
in state or federal court under this Development and Maintenance
Agreement shall be in Dallas County, Texas.
(24) PARTIES BOUND. The terms, provisions and agreements
that are contained in this Development and Maintenance Agreement
shall apply to, be binding upon and inure to the benefit of the Parties
and their respective legal representatives, successors and assigns {when
permitted).
(25) ATTORNEYS' FEES. In the event that any of the Parties
breaches any of the terms, provisions or agreements that are contained
in this Development and Maintenance Agreement and the Parties become
involved in litigation with regard to the breach of this Development and
DEVELOPMENT AND ~ ~/, ~/~/~
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I
Maintenance Agreement, the prevailing Party shall be entitled to be paid
· its reasonable attorneys fees.
(P.6) NO THIRD PARTY BENEFICIARIES. The only beneficiaries of
this Development and Maintenance Agreement are the Parties and their
respective legal representatives, successors and assigns (when per-
mitted). None of the Parties intends to create, or will create, any other
third party beneficiaries of this Development and Maintenance
Agreement.
(27) DATES OF PERFORMANCE. In the event that the final date
of any period, any date of performance or any deadline that is set forth in
this Development and Maintenance Agreement falls on a Saturday,
Sunday, State of Texas legal holiday or federal legal holiday, then the
date or deadline, as the case may be, shall be extended to the next
following day which is not a Saturday, Sunday, State of Texas legal
holiday or federal legal holiday.
IN WITNESS WHEREOF, the CITY OF COPPELL, TEXAS, acting
under the authority of its governing body, has executed t~is Development
and Maintenance Agreement on thi~ the ~,~ ~y of ~/~~,1995, to
be effective as of the.Z~ ~y of _~aA~, 1995. ~
CITY OF COPPELL, TEXAS
NAME 7'0t~ BI O~ ~'~
TITLE ~ ~ ~ ~
ATTEST:
NAME:
CITY SECRETARY
APPROVED AS TO FORM:
cETER O. SMITH
I TY ATTO RN EY /) ~J~--~/~
DEVELOPMENT AND
MAINTENANCE AGREEMENT - Page 13 of 16 Pa es
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IN WITNESS WHEREOF, WPC - PARKWAY DEVELOPMENT COR-
PORATION, the Developer, has executed this Development and Mainte-
nance Agreement on this the,~-~day of /~/~ , 1995, to be effective
as of the ~f~day of ~ , 1995.
WPC - PARKWAY DEVELOPMENT
CORPORATION
DEVELOPER
BY: ,~~ ~- ~
DAVID R. BLOM
PRESIDENT
IN WITNESS WHEREOF, PARKWAY/COPPELL PROPERTY COR-
PORATION, the Channel Tract Owner, has executed this Development
and Maintenance Agreement on this the ~_~__~day of ~ ~, 1995, to
be effective as of the ~ay of ~/~ , 1995.
PARKWAY/COPPELL PROPERTY
CORPORATION
CHANNEL TRACT OWNER
BY:
DAVID R. BLOM
PRESIDENT
IN WITNESS WHEREOF, HOMEOWNERS' ASSOCIATION OF THE
ENCLAVES ON THE PARKWAY, INC., the Homeowners' Association, has
executed this Development and Maintenance Agreement on this the ,~-
day of ~~ , 1995, to be effective as of the ;~-~day of ~ ,
1995.
HOMEOWNERS' ASSOCIATION OF
THE ENCLAVES ON THE
PARKWAY, INC.
HOMEOWNERS' ASSOCIATION
BY: ~~-~,
DAVID R. BLOM
PRESIDENT
DEVELOPMENT AND ~
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95O67 03611
STATE OF TEXAS §
COUNTY OF DALLAS §
This Development and M~_ntenance Agreer~ent,was acknowledged
before me on this the 5~ day of /4/)/-, ! , 1995, by
T~.v~. ~-~ , the D~~e_~ ' of the cITY OF
COPPELL, TEXAs, on behalf of the CITY'0?/~OPP~EL~TF~S. ~
My Coml~issipn Expires:
.
(Print Name) ....
"'-. ..... ~.' ,'~7~- '-.
· '~.'~"~,;.~ r. ".~. '
· i'i':'a,- .-"'
STATE OF TEXAS §
COUNTY OF DALLAS §
This Development.~]~ Mainten~r~e Agr~,_ement was acknowledged
before me on this the ZD"~day of [~ ~ , 1995, by DAVID R.
BLOM, the President of WPC - PARKWAY DEVELOPMENT CORPORA-
TION, a Texas corporation, on behalf of said corporation.
NOTARY PU~.LIC STATE OF TEXAS
· - J(Print Name)
My Commission~.l~xpires:
-7- 1 .
STATE OF TEXAS §
COUNTY OF DALLAS §
This Development ._an~[ Maintena2}~c_e At~,e_ement was acknowledged
before me on this the 2.~_x~'"day of ~~ , 1995, by DAVID R.
BLOM, the President of PARKWAY/COPPELL PROPERTY CORPORATION,
a Texas corporation, on behalf of said corporation.
NO~,RY PU~.L~¥~STATE OF TEXAS
~ (Print Name)
My Commission Expires:
MAINTENANCE AGREEMENT - Page 15 of 16 Pages
CDK-ws3 \ 1042-03/02/95-01:21 PM
95067 03615
STATE OF TEXAS §
COUNTY OF DALLAS §
This Development and Maintenance Agreement was acknowledged
before me on this the ~day of ~~1~ , 1995, by DAVID R.
BLOM, the President of HOMEOWNERS' ASSOCIATION OF THE
ENCLAVES ON THE PARKWAY, INC., a Texas non-profit corporation, on
behalf of said non-profit corporation.
~~-~*e-~NdTARY ]~UBLIC STATE OF TEXAS
L~I-[ ~'71'1 Notay Public, State of Texas
My Comm. Expi~ 07-11-96 [t-'1'1n1:;
My Commission Expires:
UPON RECORDATION RETURN TO:
CYRIL D. KASMIR, ES(}.
KASMIR 8s KRAGE, L.L.P.
2001 BRYAN TOWER - SUITE 2700
DALLAS, TEXAS 75201-3059
DEVELOPMENT AND . ~//~ ~
MAINTENANCE AGREEMENT - Page 16 of 16 Pages
CDK-ws3\1042- 3/02/95-01:21 PM
95067 03616
EXHIBIT~ TO THE
DEVELOPMENT AND MAINTENANCE AGREEMENT
EXHIBIT A- LEGAL DESCRIPTION OF THE 5.843 ACRE SINGLE-
FAMILY TRACT
EXHIBIT B - MAP OF THE 5.843 ACRE SINGLE-FAMILY TRACT
EXHIBIT C- LEGAL DESCRIPTION OF THE 2.729 ACRE CHANNEL
TRACT
EXHIBIT D - MAP OF THE 2.729 ACRE CHANNEL TRACT
EXHIBIT E - DEVELOPMENT MAP
EXHIBITS TO THE DEVELOPMENT
AND MAINTENANCE AGREEMENT - Page Solo
CDK-ws3 \ 1042.-03/02/95-01:21 PM
EXHIBIT A
EXHIBIT A - LEGAL DESCRIPTION
OF THE $.843 ACRE SINGLE-FAMILY TRACT
BEING a tract of land situated in the Clarinda Squires Survey, Abstract No.
1327 in the City of Coppell, Dallas County, Texas and being a portion of a
66.6453 acre tract of land as conveyed to ABQ Development Corporation in
Volume 88103, Page 2326 of the Deed Records of Dallas County, Texas and
being more particularly described as follows:
BEGINNING, at a l/o,, iron rod for comer on the south line of Parkway
Boulevard (an 88 foot right-of-way), said point being the northeast comer of
Lot 15 in Block "B" of Parks of Coppell, an addition to the City of Coppell
as recorded in Volume 93093, Page 1531, of the Deed Records of Dallas
County, Texas said point also being in a curve to the right running in an
easterly direction and having a central angle of 11 degrees 36 minutes 44
seconds a radius of 2156.00 feet and a chord bearing of N 80 degrees 57
minutes 51 seconds E;
THENCE, along said curve, and the said south line of Parkway Boulevard,
436.96 feet to the end of said curve, a 1/2" rod for comer;
1. S 03 degrees 13 minutes 47 seconds E 2.55 feet leaving the said
south line of Parkway Boulevard to a 1/2" iron rod for comer;
2. S 03 degrees 10 minutes 34 seconds W 123.82 feet to a 1/2, iron
rod for comer;
3. S 03 degrees 06 minutes 37 seconds W 113.98 feet to a 1/2 iron
rod for comer;
4. S 02 degrees 36 minutes 12 seconds W 124.02 feet to a 1/2,, iron
rod for comer;
5. S 08 degrees 22 minutes 40 seconds E 144.35 feet to a 1/~, iron
rod for comer;
6. S 05 degrees $7 minutes 56 seconds W 95.82 feet to a 1/~, iron
rod for comer;
7. S 19 degrees 59 minutes 26 seconds W 29.37 feet to a W' iron
rod for comer;
8. S 86 degrees 55 minutes 17 seconds W 47.53 feet to a 1/2: iron
rod for comer;
9. S 88 degrees 31 minutes 31 seconds W 130.07 feet to a 1/~. iron
rod for comer;
10. S 88 degrees 59 minutes 40 seconds W 124.31 feet to a 1/~,, iron
rod for comer;
11. S 88 desrees 57 minutes 16 seconds W 8.06 feet to a 1/~. iron
rod for corner;
THENCE N 76 degrees 30 minutes 48 seconds W 97.81 feet to a W' iron rod
for comer, said point being on the east line of the said Parks of
Coppell;
THENCE N 00 degrees 52 minutes 32 seconds W 546.56 feet along the said
east line of Parks of Coppell to the POINT OF BEGINNING and
containing 5.843 acres (254,502 square feet) of land.
EXHIBIT A ' LEGAL DESCRIPTION OF THE
5.843 ACRE SINGLE-FAMILY TRACT - Page Solo
95067 03618
EXHIBIT B
EXHIBIT "B" - MAP OF 5. 843ACRE
SINGLE -FAMILY TRACT
Z~ - 14'04'51'
R - 2156.00' _
T - 266.27~
L - 529.85
,, CIT¥ OF coPPEL't' ~ '--"~~~-
~c LE:I =100' ........~" .~_.__~BOUL EVARD
\ tOT
coMMON ARIA
/ --- ~.2.55'
?C'" .I ,o .,'--"'"'-° ',
m ..... .,.. r.;,-,,-_r..---~ ~.J,-.J'.. "-.,~.~ _ ,;7 /t ,8'
~ ,o"- .;_, ',>~ ~ -_,.,_-,-' -~, . ,j ~1.:.
, % 7.m 'i .
--I ~l; / ,. I I',l I , ' ,,,'"
"' ~._ .ue~'._ ....... ?~v_ ~ ~' '~ ' ;;',t,4,",;',.; ;o ... ,.
., . ,c,,, ~, ,, ,-~.~ LU I~'''''''"''''' .,
I~ M,N. ~, ~.~
/~_; ,", ..__L ...... :!,9 Iz ,~,,~,. .
__1~, ~ . '
. ~ ' ~ COMMON /.~1'
12
MIN,. Ir..~ 4~,~.4
91.81"
/-
EXHIBIT "B" - MAP OF
5.843 ACRE SINGLE-FAMILY TRACT - Page
95067 O3619
Solo
CDK-3/22/95
EXHIBIT C
EXHIBIT C - LEGAL DESCRIPTION
OF THE 2.729 ACRE CHANNEL TRACT
BEING a tract of land situated in the Clarinda Squires Survey,
Abstract No. 1327 in the City of Coppell, Dallas County, Texas, and being
part of a tract of land as described in a deed from Good Financial Corpo-
ration to M. Douglas Adkins, Trustee, as recorded in Volume 76188, Page
2355 of the Deed Records of Dallas County, Texas and being more par-
ticularly described as follows:
BEGINNING at a 1/2" iron rod found for comer on the south line of
Parkway Boulevard (an 88 foot right-of-way) said point being the north-
west comer of Lot 1 in Block 4 of Parkview Addition, an addition to the
City of Coppell as recorded in Volume 88081, Page 1944 of the Deed
Records of Dallas County, Texas, said point also being 90.04 feet west of
the intersection of the said south line of Parkway Boulevard with the
west line of Alex Drive (a 50 foot right-of-way);
THENCE S. 00 degrees 56 minutes 25 seconds E., 646.78 feet
along the west line of the said Parkview Addition to a W' iron rod found
for comer;
THENCE N. 89 degrees 03 minutes 35 seconds E., 230.00 feet
along the south line of the said Parkview Addition to a W' iron rod found
for comer, said point being the beginning of a curve to the right having a
central angle of 14 degrees 29 minutes 32 seconds a radius of 435.00
feet and a chord bearing of S. 83 degrees 41 minutes 39 seconds E.;
THENCE along said curve, and continuing along the said south
line of Parkview Addition, 110.03 feet to the end of said curve, a W' iron
rod found for comer, said point being the beginning of a curve to the left
having a central angle of 05 degrees 49 minutes 42 seconds a radius of
665.00 feet and a chord bearing of S. 79 degrees 21 minutes 44 seconds
E.;
THENCE along said curve, and continuing along the said south
line of Parkview Addition, 67.64 feet to the end of said curve, a W' iron
rod found for comer on the west line of said Parkview Addition;
THENCE S. 00 degrees 56 minutes 25 seconds E., 22.59 feet along
the said west line of Parkview Addition to a "X" cut in conc. found for
comer, said point being on the north line of Pecan Hollow, an addition to
the City of Coppell as recorded in Volume 90139, Page 2914 of the Deed
Records of Dallas County, Texas;
THENCE S. 89 degrees 03 minutes 35 seconds W., 930.55 feet
along the said north line of Pecan Hollow to a W' iron rod found for
corner, said point being on the east line of Parks of Coppell, Section One,
an addition to the City of Coppell as recorded in Volume 93093, Page
1531 of the Deed Records of Dallas County, Texas;
THENCE N. 00 degrees 52 minutes 32 seconds W., 62.55 feet
along the said east line of Parks of Coppell to a point for comer;
THENCE N. 88 degrees 57 minutes 16 seconds E., 102.81 feet
leaving the said east line of Parks of Coppell to a W' iron rod found for
comer;
THENCE N.
V2" iron rod found
THENCE N.
'/2" iron rod found
THENCE N.
1/~,, iron rod found
THENCE N.
~/~" iron rod found
88 degrees 59 minutes 40 seconds E., 124.31 feet to a
for comer;
88 degrees 31 minutes 31 seconds E., 130.07 feet to a
for comer;
86 degrees 55 minutes 17 seconds E., 47.53 feet to a
for comer;
19 degrees 59 minutes 26 seconds E., 29.37 feet to a
for corner;
EXHIBIT C- LEGAL DESCRIPTION
~'-~ T--~ ~7-2'~ A~'~~--RACT - Page 1 of 2 Pages
CDK-ws4\797-03/1 /95-08:37 AM
95O67 03620
THENCE N.
1/2" ~ron rod found
THENCE N.
V2" ~ron rod found
THENCE N.
x/2" iron rod found
THENCE N.
1/2" ~ron rod found
THENCE N.
V2" iron rod found
05 degrees 57 minutes 56 seconds E., 95.82 feet to a
for corner;
08 degrees 22 minutes 40 seconds W., 144.35 feet to a
for corner;
02 degrees 36 minutes 12 seconds E., 124.02 feet to a
for comer;
03 degrees 06 minutes 37 seconds E., 113.98 feet to a
for comer;
03 degrees 10 minutes 34 seconds E., 123.82 feet to a
for comer;
THENCE N. 03 degrees 13 minutes 47 seconds W., 2.55 feet to a
¥2" iron rod found for comer on the said south line of Parkway Boule-
vard, said point also being in a curve to the right running in an easterly
direction and having a central angle of 02 degrees 28 minutes 07 sec-
onds a radius of 2156.00 feet and a chord bearing of N. 88 degrees 00
minutes 16 seconds E.;
THENCE along said curve, and along the said south line of Park-
way Boulevard, 92.89 feet to the Point of Beginning and containing 2.729
acres (118,881 square feet) of land.
EXHIBIT C- LEGAL DESCRIPTION
~ ~ ~-~7~ A~ ~'~"~CT - Page 2 of 2 Pages
CDK-ws4 \797-03 / 17795-08~7 AM
95067 03621
EXHIBIT D
EXHIBIT "D" - MAP OF 2.7;::'9
CHANNEL TRACT
ACRE
pA
BOULEVARD
BE [ CHWO00 L. ANE
EXHIBIT "D" - MAP OF
2.729 ACRE CHANNEL TRACT - Page Solo
CDK-3/22/95
95067 03622_.
EXHIBIT E
EXHIBIT "E" - DEVELOPMENT MAP
OOUL E:VARO
AREA "B" ~
AREA
PUMP
d~LEX
EXHIBIT "E" - DEVELOPMENT MAP - Page Solo
CDK-3/22/95
L90~6