Riverchase-6.2/Re-CN 950308STATE OF TEXAS
COUNTY OF DALLAS
This agreement is made and entered into by and between the City of Coppell, Texas, a
municipal corporation of the State of Texas (hereinafter referred to as "City"), and John
Schoenthaler and Riverchase Pl~,a~ Ltd., a Texas Limited Partnership (hereinafter collectively
referred to as "Developer").
WITNESSETH:
WHEREAS, Developer is the owner of Lots D and E, Riverchase Plaza Phase 1, an
addition to the City of Coppell, Texas, in the Singleton Thompson Survey, Abstract No. 1493,
Dallas County, Texas, and being more particularly described in Exhibit "A" attached hereto and
made a part hereof for all purposes (hereinafter referred to as the "Property); and
WHEREAS, Developer has fried with the City an application for replatting the Property;
and
WHEREAS, Developer and City desire to enter into an agreement concerning the
construction of a fire lane located along the common boundaries between Lots D and E, as shown
on the final approved replat for the Property;
NOW, THEREFORE, for and in consideration of the mutual covenants and benefits
contained herein, the receipt and the sufficiency of which is hereby acknowledged, the City and
Developer agree as follows:
1. The Developer is relieved of the responsibility of the immediate construction of
the fire lane located along the common boundaries between Lots D and E as shown on the final
Developer's Agreement - Page 1
95070 0b, 520
this subject matter.
Assignment
5. Neither this agreement nor any duties or obligations under it shall be assignable
by the Developer without the prior written consent of the City. In the event of an assignment
by the Developer to which the City has consented, the assignee or the assignee's legal
representative shall agree in writing with thc City to personally assume, perform, and be bound
by all the covenants, obligations, and agreements contained in this agreement.
Successor and Assigns
6. Subject to the provisions regarding assignment, this agreement shall be binding on
and inure to the benefit of the parties to it and their respective heirs, executors, administrators,
legal representatives, successors, and assigns..
Attorneys' Fees
7. 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 other remedy to which the party may be entitled.
Governing Law
8. 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 venue
for any action concerning this Agreement shaLl be in Dallas County, Texas.
Amendment
9. This agreement may be amended by ~he mutual agreement of the parties to it, in
a writing to be attached to and incorporated in this agreement.
Developer's Agreement- Page 3
95070 0 522
Legal Construction
10. 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
consmied as if such invalid, illegal, or unenforceable provisions had never been contained in it.
Liabilities
11. 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
12. Any notice required or permitted to be delivered hereunder shall be deemed
received when sent by United States mail, postage prepaid, certified marl, return receipt
requested, addressed to City or Developer, as the case may be, at the address set forth below the
signature of the party.
Developer's Agreemem - Page 4
95070 0b, 523
CITY OF COPPELL
Eta, City Manager
Coppell
P. O. Box 478
Coppell, Texas 750~.9
Addison, Texas 75244
Attest:
Lin"~d~ Grau~ City Secretary
RIVERCHASE PLAZA, LTD.,
A Texas Limited PartnerShip, Developer
Fehmi Karahan, President
Trivest, Inc., General Partner for
Riverehase Plaza, Ltd.
5501 LBJ Freeway, Suite 905
Dallas, Texas 75240
Develol~"s Agreement - Pag~ 5
95070 Oq. 52b
STATE OF TEXAS §
COUNTY OF DALLAS §
On this the q day of ~7/~?~/~¥ ,19 ~9~, before me, the undersigned
authority, personally appeared John Schoenthaler, l~nown to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged that he executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My Commission_Expires:
STATE OF TEXAS
COUNTY OF DALLAS
On this the ~
day of ,199__~, before me, the undersigned
authority, personally appeared Fehmi Karahan, known to me to be the President of Trivest, Inc.,
General Parmer for Riverchase Plaza, Ltd., and also known to me to be the person whose name
is subscribed to the foregoing instxument, and acknowledged that as such President he signed as
the voluntary act of the corporation, for the uses and purposes set forth in it, and that he is duly
authorized to execute the agreement by the board of directors of Trivest, Inc. on behalf of
Riven:ha,se Plaza, Ltd.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public, State of Texas
Developer's Agreement - Page 6
AGO0621~
95070 0q525
STATE OF TEXAS
COUNTY OF DALLAS
On tliis the ~
day of
199__~,
, ~ before me, the undersigned
authority, personally appeared Jim Will, City Manager of the City of Coppell, Texas, known to
me to be the person whose name is subscribed to the foregoing insmunent and acknowledged that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my ha~ and official seal.
~y Co .mmis~ion ~1~~res:
I°I!~ ~ -
Developer's Agreement- Page 7
05070 0h526
WHEREAS, Riverchase Plaza, Ltd. is the owner of land situated in the SINGLETON
THOMPSON SURVEY, Abstract No. 1493, City of Coppell, Dallas County, Texas, and being
all of Riverchase Plaza, Phase I, an addition to the City of Copper as recorded in Volume 94056,
Page 3569 of the Deed Records of Dallas County, Texas, and (DRDCT) and more particularly
described as follows:
COMMENCING at a 1/2" iron rod set at the intersection of the easterly line of MacArthur
Boulevard (a variable width right-of-way) and the southerly line of Riverchase Drive (a 60 foot
right-of-way);
THENCE along the southerly line of said Riverchase Drive the following:
South 62° 51' 59" E., a distance of 10.12 feet to a 1/2" iron rod found at the point of
cur,,ature of a tangent curve to the left having a radius of 2130.00 feet and a chord which
bears South 65° 45' 41" East, a chord distance of 215.15 feet;
Along said tangent curve to the left through a central angle of 05° 47' 24" an arc distance
of 215.24 feet to a 1/2" iron rod found for the POINT OF BEGINNING;
THENCE continuing along the said South fight-of-way line of Riverchase Drive and along said
curve to the left having a radius of 2130.00 feet and chord which bears South 73° 10' 10" East,
a chord distance of 335.21;
Along said curve to the left through a central angle of 09° 01' 34" an arc distance of 335.55 feet
to a 1/2" iron rod found;
THENCE South 03° 38' 42" West, departing the southerly line of said Riverchase Drive, a
distance of 510.11 feet to a 1/2" iron rod found in the northerly line of a Dallas Area Rapid
Transit right-of-way (a 100 foot right-of-way);
THENCE North 86° 21' 18" West, along the northerly line of said Dallas Area Rapid Transit
right-of-way, a distance of 284.66 feet to a 1/2" iron rod found;
THENCE North 03° 38' 42" East, a distance of 317.16 feet to a point for comer;
THENCE North 86° 21' 18" West, a distance of 107.62 feet to a comer;
THENCE North 03° 38' 42" East, a distance of 117.75 feet to a comer;,
THENCE North 27° 08' 01" East, a distance of 165.37 feet to the POINT OF BEGINNING;
CONTAINING within these metes and bounds 4.064 acres of 177,016 square feet of land, more
or less.
EXI-IIRIT "A"
Page 1
95070 04527
Any provision hsreln which r~strlcts the silo, rent~l, M' ull of M
descrl~ real pro~y ~cau~ ol ~lor ~ ram I~ In~M ~
STATE OF T~AS COU~ OF DAL~
I her4by ce,l~ this In~rumint wit fll~ on the dire and tl~
st~mp~ her~n by m and wBs duly recorded in the ~iume and
Dl~e of the fla~ ~cords of DIIlll County, TUM ~ ~
hlr~fl by ~
APR 11 1995
COUNTY CLERK, Dallas County, Tex~s