Denton TapL2/SP-CS000817 .. ,~' ' "- D~,AFT 08/~4~oo
~nnS~T AGREE~IEN ~
~ Th~Sof De~:__elopmentf A~reement~,~'( a~A~reement ) ~s made ~d entered ~nto as of the
day ,-~7~~ ~ 2000 b~ between the City of Coppell. Texas. a Tex~
m~lcxpallW ("City'). with an ad.ess of 255 Parkwa5 Boulevard, Coppell, Tex~
75019, ~d the Evewbody Fits, a Texas Limited P~nership, acting by ~d t~ough~:
authorized representative, with ~ address of 149 Cottonwood Drive, Coppell. ~'
.-- 75019, m~d Bfi~ Ke~mcd~ (hereinafter refe~ed to as "DEVELOPER'~ xvi~" ~~s~
ofl.19Co~on~'oodDrive:CoppelI, Tex~7q019." ~ ~
~Vhereas, the City of Coppell is a h~9' role m~icipalRy located in Dall~s
c
Whereas, ~ Eve~'body Fits and B~i~t Kenned) ~ the cu~ent DE% ELOPER'~
of a certain tract of l~d locmed wit~n the City of Coppell more pmicul~ly descr~ in~
Exhibit'"A", which is auached hereto ~d made a p~ hereof for all pu~oses, ~d the
improvements thereon (the "FACILITY"); ~d,
Whereas, the City has previously approved a site plma ~d building for said
premises which have expired ~d therefore no longer ~e recognized pe~its or licenses
fi'om thc C~ty to construct such Facility on said premises; ~d.
Whereas, the City desires to facilitate ~e reconstruction ~d fin~ization of the
development; mhd,
W'hereas, the prior DEVELOPER of the ~orementioned premises ~d Facility is
unable to commit to the completion site and Facility; and,
Whereas, the cu~ent DEVELOPER desires to complete the Facility in
accord~ce with ~e original terms ~d conditions; ~d,
Whereas, due to the expiration, pe~its for the completion ~d cons~ction along
with the approval of a furore site pl~ ~e required in order to complete such project;
NOW, THE~FO~, for ~d in consideration of Ten ~d no Dollms (S10.00)
and the temps, provisions mxd coven~ts set fo~ herein, ~d o~er good ~d valuable
consideration, the receipt ~d sufficiency of which ~e hereby ac~owledged, ~e CITY
and DEVELOPER hereby agree as follows:
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Agreement
1. The City, as the home role municipality which requires the obtaining of an
approved site plan and building permit for the construction as depicted on Exhibit "A"
and "B" in order to protect the health, safety and welfare of the users of such Facility as
well as the general public, agree to allow development to proceed prior to the approval of
the site plan and the issuance of the required permits for construction based on the
tbllowing conditions:
(a) The site plan review by and through the appropriate City agencies will
occur within the next ninety (90) days.
(b) The DEVELOPER will develop the premises in accordance v¢ith the
original site plan and building plan which have been previously accepted
from the prior DEVELOPER.
J~.~.l~p ~
(c) Prior to any work being done at such premises, the DEVELOPER will
notify' the Building Inspection Department and the Building Official and
Inspector of any reconstruction and such reconstruction must be approved
prior to m~y new construction on the premises.
Upon the meeting of alt three (3) conditions herein, the DEVELOPER will be
permitted to conduct construction activities on the site depicted on Exhibit "A" and "B".
Miscellaneous
2. Local Regulations. The DEVELOPER agrees to comply with all
applicable development codes and ordinances; and the DEVELOPER agrees to comply
with all the requirements under such codes and terms and conditions of this Agreement.
Failure to comply with this Agreement shall result in revocation of authority under this
Agreement as well as revocation of any building permits which may be issued as a result
under this Agreement.
3. Indemnification: DEVELOPER does hereby release, indemni~, and hold
harmless the City, its officers, agents, employees, and third party representatives
(collectively referred to as "Coppell") from any and all claims, dan.ages, causes of action
of any kind whatsoever, statutory or otherwise, personal injury (including death),
property damage and lawsuits and judgments, including court cost, expenses and
attorney's fees, and all other expenses that the DEVELOPER has, or might have, known,
or unknown, now existing or that might arise hereafter, directly or indirectly from the
early release of the building permit for the Premises and any other mattcra in connection
thorewith. The foregoing release indemnity will survive termination of this Agreement.
DEVELOPER further m~derstands and acknowledges the risk and dangers involved in the
earl>' releCs..e, of a building permit for the Premises and hereby agrees to assume any and
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all risks associated with the construction of the Improvements in the event the Site Plan is
not approved.
4. Successors And Assi~,ns, This Agreement shall be binding on and inure to
thc benefit of the parties and their respective heirs, executors, administrators, legal
representatives, successors, and assigns. This Agreement may not be assigned wSthout
the written consent of the other party, which shall not be unreasonably withheld.
5. No Partnership. This Agreement shall not create an association,
partnership, joint venture, or a principal and agency relationship between the City and
DEVELOPER.
6. Severabilit¥. 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.
7. Amendment; Termination. This Agreement may be modified, amended
or terminated only by the mutual w-ritten agreement of the parties.
8. Entire A~,reement. This Agreement entered into by and among the City
and DEVELOPER embodies the complete agreement of the parties hereto, superseding
all oral or written previous and contempora_D' agreements between the parties and relating
to the matters in this Agreement, and except as otherwise provided herein this Agreement
cannot be modified without written agreement of the parties to be attached to and made a
part of this Agreement.
9. Governin~ 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.
THE CIT~ OF COPPELL, TEXAS,
a Texa~ fiaCnj~palit~',.. -
Tit~//Ci~, Manager
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Approved~
~ t~Robert E. H~/g~r, City Attorne~
STATE OF TE .XAS §
COU.~.TY OF D~ ~
This instrument re'as aclbw,~vle_jlg~d before me on this day of ,
2000, by Jim Witt, C~ell, Texas, on 1Jehalf of said City.
~ N~,~lic. Signatttre
(PERSON )
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Executed and effective as off_he date first set forth hereinabove.
EVERYBODY FITS,
a Texas Limited Partnership
Name:
Title: ~'re.,5 ~ ~e-a-/'--
STATE OF TEXAS §
~ou~¥o~~,s ~
This instrument was i~owledged before me on th~f ,2000,
bY
EyeD'body Fits, a Texas If of said a~ers~ip.
~ ~~' Public Signat~e
(PERSON ALiZ~L)
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/
Ex ted and effective as of the date first set forth herei[l~t~oove.
BRIAN/~ENN EDY,
a Ge..n~ral Partner
'~,,, By: ..""
~. N .ame: Brian Kenned>,
x,. Title: General Partner
/
..,
STATE OF TEXAS § ...
§.. ..
COUNTY OF DALLAS § /'
This instrument was ackno~'l~'dged before me on t~-r~._ da5: of ,2000,
by Brian Kennedy, a General Partner.
'x.
/"//' Notary Pu~l'icxxSignature
/ ',,
(PERSONALIZED SEAL)
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Agreement 35442