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Vista Ridge Retail-CS080805(12I9I2009) Ken Griffin -Fwd: Fw: Interlocal Agreement From: Mindi Hurley To: Griffin, Ken Date: 8/5/200810:55 AM Subject: Fwd: Fw: Interlocal Agreement Attachments: Interlocal Agreement with Lewisville for signal.doc Mindi Hurley Economic Development Coordinator City of Coppell 255 Parkway Blvd. Coppell, TX 75019 (972) 304-3677 (972) 304-3673 (fax) www.ci.coppel I.tx, us »> <KNimsCalcityoflewisville.com> 8/5/200810:20 AM »> Our City Attorney has responded with a minor adjustment to the language in the agreement as stated below. Hopefully this doesn't create an issue for you, but if it does please let me know. If you will give me a call when you receive this I would appreciate it. Thanks, Kevin Nims City of Lewisville Traffic Engineering 972-219-3703 knimsCalcityoflewisville.com ----- Forwarded by Kevin Nims/Community Development/City of Lewisville on 08/05/200810:16 AM ----- ~ From: ~ Ronald Neiman/City Attorney's Office/City of Lewisville ~ ~ To: ~ ~ Kevin Nims/Community Development/City of Lewisville@cityoflewisville ~ Date: ~ ~ 08/04/2008 04:52 PM ~ ~ Subject: ~ ~ Fw: Interlocal Agreement ~ Page 1 (12I9I2009) Ken Griffin -Fwd: Fw: Interlocal Agreement Kevin, I cleaned this up a little bit. The only substantive change is in 2.07 wherein I inserted language of how the agreement could be terminated, which is necessary. Ron ----- Forwarded by Ronald Neiman/City Attorney's Office/City of Lewisville on 08/04/2008 04:51 PM ----- ~ From: ~ Kathy Hageman/City Attorney's Office/City of Lewisville ~ ~ To: ~ ~ Ronald Neiman/City of Lewisville@cityoflewisville ~ ~ Date: ~ ~ 08/04/2008 03:02 PM ~ ~ Subject: ~ Interlocal Agreement ~ Page 2 (See attached file: Interlocal Agreement with Lewisville for signal.doc) STATE OF TEXAS § § INTERLOCAL AGREEMENT COUNTIES OF DALLAS AND DENTON § This Interlocal Agreement ("Agreement') for the Design, Installation, and Maintenance of a Traffic Signal at the intersection of Denton Tap Road and Highland Drive (the "Project') is made and entered into by and between the City of Coppell, Texas, a municipal corporation located in Dallas County, Texas ("Coppell"), and the City of Lewisville, Texas, a municipal corporation located in Denton County, Texas ("Lewisville"). (Lewisville and Coppell shall hereafter be collectively referred to as "the Cities"). WHEREAS, the Cities mutually desire to enter into an Interlocal agreement to provide for the installation of a traffic signal at the intersection of Denton Tap Road and Highland Drive which lies partially within each City; and WHEREAS, Chapter 791, TEXAS GOVERNMENT CODE, as amended (the "Act'), provides authorization for municipalities to contract with one another for the performance of governmental functions and services under the terms of the Act; and WHEREAS, Coppell shall provide funding for the entire Project from current revenue or other lawfully available funds; and WHEREAS, it is mutually understood that the sole purpose of this Agreement is to provide for the installation and future maintenance of a traffic signal that is partially located within each City; and WHEREAS, it is mutually advantageous to both parties to enter into this Agreement; NOW, THEREFORE, for and inconsideration of the mutual covenants, terms and conditions set forth herein, and the mutual benefits to each party, the receipt and sufficiency of which are hereby acknowledged, the Cities hereby contract, covenant, warrant and agree as follows: ADOPTION OF PREAMBLE All of the matters stated in the preamble of this Agreement are true and correct and are hereby incorporated into the body of the Agreement as though fully set forth in their entirety herein. II OBLIGATIONS OF THE PARTIES 2.01 The Cities have independently reviewed the plans for the Project and concur that the Project is needed for safe traffic movement at the intersection. Interlocal Agreement -Traffic Signal at Denton Tap Road and Highland Drive Page 1 2.02 The Cities agree that Coppell shall cause the construction of the Project solely at Coppell's cost. 2.03 The Cities agree that each respective city shall review and approve all construction plans and specifications for the Project. 2.04 The Cities agree that each respective city will be responsible for pursuing the relocation of public utilities within their city necessary for the construction of the Project. 2.05 The Cities agree that Lewisville will provide construction inspection for the Project, both in Coppell and Lewisville. 2.06 The Cities agree that Lewisville will provide ongoing maintenance for the Project, including the portion within Coppell. Such maintenance shall include but not be limited to: standard scheduled maintenance; necessary equipment replacement or upgrade; or emergency and unscheduled equipment failure repair. 2.07 The term of this Agreement shall be for a period of one year beginning on the last date of execution hereof and shall thereafter renew for successive terms of one year each. Either party may terminate this agreement by giving the other party six month advance written notice thereof. III INDEMNIFICATION AND HOLD HARMLESS 3.01 LEWISVILLE AGREES TO, THE EXTENT ALLOWED BY LAW, TO INDEMNIFY AND HOLD COPPELL HARMLESS FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISING FROM OR RESULTING FROM THE CONSTRUCTION OF THAT PORTION OF THE PROJECT LYING IN LEWISVILLE. 3.02 COPPELL AGREES TO, THE EXTENT ALLOWED BY LAW, TO INDEMNIFY AND HOLD LEWISVILLE HARMEESS FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISING FROM OR RESULTING FROM THE CONSTRUCTION OF THAT PORTION OF THE PROJECT LYING IN COPPELL. 3.03 HOWEVER, THE INDEMNIFICATION AND HOLD HARMEESS CONTAINED HEREIN SHALL NOT BE DEEMED A WAIVER OF ANY SOVEREIGN IMMUNITY ALLOWED PURSUANT TO TEX. CIV. PROC. & REM. CODE, SECTION 101.001 ET SEQ., OR OTHERWISE. IV NOTICES Any notice required to be given under this Agreement shall be deemed to have been adequately given if deposited in the United States mail in an envelope with sufficient postage and properly addressed to the other party as follows: If to Lewisville: If to Coppell: Interlocal Agreement -Traffic Signal at Denton Tap Road and Highland Drive Page 2 City of Lewisville P.O. Box 299002 Lewisville, Texas 75029-9002 Attention: City Manager City of Coppell P. O. Box 9478 Coppell, Texas 75019 Attention: City Manager A change of address may be made by either party upon the giving of ten (10) days prior written notice. V MISCELLANEOUS PROVISIONS 5.01 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 5.02 This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter hereof. 5.03 This Agreement may be amended or modified only by the mutual agreement of the Cities. Such amendment or modification must be in writing, signed by an authorized agent for the signing City and attached to and incorporated into this Agreement. 5.04 All payments made hereunder shall be payable from funds currently available to the respective Cities. 5.05 This Agreement may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5.06 If, in case anyone 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 provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 5.07 The Cities agree that if legal action is brought under this Agreement, exclusive venue shall lie in the Courts of Denton County, Texas, and its terms or provisions, as well as the rights and duties of the Cities hereunder, shall be governed by the laws of the State of Texas. 5.08 Each party hereto warrants that it has received authority from its governing body to enter into this Agreement. Interlocal Agreement -Traffic Signal at Denton Tap Road and Highland Drive Page 3 EXECUTED this day of , 2008. CITY OF LEWISVILLE, TEXAS By: Claude King, CITY MANAGER ATTEST: By: Julie Heinze, CITY SECRETARY APPROVED AS TO FORM: By: Ronald J. Neiman, CITY ATTORNEY Interlocal Agreement -Traffic Signal at Denton Tap Road and Highland Drive Page 4 EXECUTED this day of , 2008. CITY OF COPPELL, TEXAS By: Douglas N. Stover, MAYOR ATTEST: By: APPROVED AS TO FORM: By: Robert E. Hager, CITY ATTORNEY Libby Ball, CITY SECRETARY Interlocal Agreement -Traffic Signal at Denton Tap Road and Highland Drive Page 5