RE 2003-06-10.1A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO..~-OtO~'"t~) 6/0, /
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS AUTHORIZING ENTERING INTO A
DEVELOPMENT AGREEMENT WITH THE UNITED STATES POSTAL
SERVICE, WHICH IS ATTACHED HERETO AND INCORPORATED
HEREIN BY REFERENCE AS EXHIBIT "A"; AUTHORIZING THE
CITY MANAGER TO EXECUTE SUCH AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Coppell ("City") and the United States Postal Service ("USPS")
desire to enter into a development agreement for the purposes of modifying and constructing a
public roadway within the City, being Bethel Road; and
WHEREAS, points of ingress and egress are on USPS property adjacent to said road; and
WHEREAS, the City and USPS have determined that it is within their mutual benefit
and interest to enter into an Agreement in performing their respective governmental functions;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
Section 1. That the City Manager is authorized to execute the Development Agreement
by and between the City of Coppell and the United States Postal Service, which is attached
hereto and incorporated herein as Exhibit "A".
Section 2. EFFECTIVE DATE. This resolution shall take effect immediately from and
after its passage and the publication of the caption as the law and charter in such cases provide.
the _/t9 ~ day of ~]~ ~_o _
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
,2003.
7 /
~L-AS~.rs~D'~ER, MAYOR
RO~'-T E. HA~~ITY ATTORNEY
(REH/¢db 6/2/)~6666)
A[
LIBBY I~A~j]CI~'Y SECRETARY
STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS
AN AGREEMENT BY AND BETWEEN THE UNITED STATES POSTAL
SERVICE (HEREINAFTER "USPS") AND THE CITY OF COPPELL, TEXAS, A
HOME RULE MUNICIPAL GOVERNMENT IN THE STATE OF TEXAS
(HEREINAFTER "CITY");
WHEREAS, the respective parties desire to enter into a development agreement
(hereinafter "Agreement") concerning the modification and construction of a public roadway
within the City of Coppell, Texas; and
WHEREAS, the points of ingress of egress are on USPS property adjacent to said road,
being Bethel School Road; and
WHEREAS, the parties have agreed on the location of certain ingress and egress from
and onto the City street and USPS property and the sharing of cost of that relocation and
maintenance of right-of-way; and
WHEREAS, the City and the USPS have the ability to enter into a consensual and
contractual agreement in performing their respective governmental functions; and
WHEREAS, the City and USPS have determined that it is within their mutual benefit
and interest to enter into this Agreement;
NOW, THEREFORE, this Agreement is hereby made and entered into by the City and
the USPS for the consideration stated herein subject to the terms and conditions, which shall be
as follows:
1. Both the City and the USPS acknowledge and agree that the City is reconstructing
Bethel School Road, which includes widening of the current roadway, which shall be
encompassed by reconstruction, including paving, the placement of a left turn lane, and
providing new driveways as points of ingress and egress to the USPS site, collectively referred to
as the "Bethel School Road Reconstructive Project," as depicted, in part, on Exhibit "1 ", which is
attached hereto and incorporated herein by reference.
2. All expenditures for the paving of the Project, which is a governmental function,
including the cost of reconstruction of the ingress and egress as provided in Exhibit "A"; will be
funded by the City, with the consent of the USPS.
Agreement - Page 1 55958
~ENT ~Y:
CZTY OF COPPELL; §723047041; AU~-26-03 5:47PU;: PABE
3. Thc USPS hereby consents to thc City's construction of new ingress, and egress to
USPS property from Bethel School Road, as depicted on Exhibit "A," generally consisting of
new driveways in thc total area of 918 S. Y. (183 + 98 + 637) and the removal of cxisting
driveways in the total area of 476 S.Y. (57 + 37 + 132 + 250). City hereby agrees to the
resodding of thc non-paved area after the removal of the existing driveways, as depicted on the
attached Exhibit "1".
4. The USPS further agrees, as consideration of this Agreement, to maintain ali the
re.~odded areas as part of the on-going maintenance and operation of its real property located at
951 Bethel School Road and as otherwise depicted on Enhibited "1"
5. The obligations and undertakings of each of the parties of this Agreement are and
shall be performed in Dallas County, Texas. The validity of the Agreement and any of its terms
or provisions, as well as the rights and duties of the parties, shall be governed by the law of the
State of Texas; and any venue for any action concerning this Agreement shall be in Dallas
County, Texas. in the event of any disagreement or conflict concerning the interpretation of this
Agreement, and Such disagreement cannot be resolved by the signatories hereto, the signatories
agree to submit such disagreement to mediation.
6. This Agreement shall become a binding obligation on the signatories upon
execution by all signatories hereto. The City warrants and represents that die individual
executing this Agreement on behalf of the City has full authority to execute this Agreement and
bind the City to the same. The USPS warrants and represents that the individual executing this
Agreement on behalf of the USPS has full authority to execute this Agreen~ent mid bind the
USPS to the sam~.
7. This Agreement may not be assigned. It embodies the entire agreement between
the parties and may not be amended or modified except in writing and signed by the signatories
h~r~to or their heirs, successors and assigns.
8. Tl~s Agreement shall be filed in the deed records of Dall~ County, Texas.
· 'lgreement- Page 2 ttevisal
212
EXECUTED on this
CITY OF COPPELL, TEXAS
By:
W ~t~t/,~ City Manager
dayof t~~ ,2003.
UNITED STATES POSTAL SERVICE
Its:
ATTEST:
ATTEST:
It s:
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
By:
Its:
Agreement- Page 3 55958
STATE OF TEXAS §
COUNTY OF DALLAS §
CITY'S ACKNOWLEDGEMENT
This instrument was acknowledged before me on the //~St~ day of
~ ,2003, by Jim Witt, City Manager of the City of Coppell, Texas, a
T~as Home Rule municipality, on behalf of said municipality.
~tar~ Publi ,~tat~ of Texas
USPS' ACKNOWLEDGEMENT
STATE OF ~ §
~;,q e-'- ~3 V §
COUNTY OF ~ §
This instrument was acknowledged before me on the /~,//~
~(~ ,2003, by ///~J~. ~~ , ~
the United States Postal Service, a governmental entity, on behalf of saidentity.~/
day
N o t ~~.rx ~c-~
(Seal)
MY COMMISSION EXPIRES:
MARCH 29, 2005
of
of
Agreement - Page 4 55958