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DFW Trade JV-CS 950425 DRAFT COUNTY OF DALI.AS § INTERLOCAL AGREEMENT TO ADJUST BOUNDARIES AND TO PROVIDE FOR WATER AND SANITARY SEWER SERVICE This lnterlocal agreement I~etween the City of Grapevine, Texas, a Home Rule City (Grapevine) and the City of Coppelt, a Home Rule City (Coppell) and H/A Grapevine Joint Venture (Hunt) ia entered into pursuant tO Chapter 43, section 43.033 of the Texas Local Government Code and Chapter 79t of the Texas Government Code. WHEREAS, Grapevine and Coppell 'have contiguous and adjacent boundaries; and WHEREAS, Hunt is the owner of a tract of land approximately one hundred and eighty (180) acres in size, which tract is descrfbed by metes and bounds In Exhibit WA", which sxhlbtt Is hereby incorporated into the body of this contract as if copied in its entirety, which tract shall be hereinafter referred to ae Hunt Pro. Derty= and WHERIEAS, the Hunt Property le located in both the City of Grapevine (approximately one hundred and twenty (t20) acres of the property) and In the Clty of Coppell (approximately sixty (60) acres of the property; and WHEREAS, Hunt has submitted a conceptual plan of potential develol~ment of the Hunt Properly for commercial warehouse use, wl~lc, h plan of ¢levelopment reflects buildings in both cities, Exhibit °'B": and WHEREAS, Coppelt does not currently have the in its water~ .capaoity and sewer System to serve the sixty (60) acres of the Hunt Property)~V~,(~/~'~ Io¢~ated within its city limits; and WHEREAS, all of the parties agree that it would assist the Initial development and the subsequent ol~eratlon and maintenance of development as well as the enforcement of the various City Iouilding and other relevant codes for Grapevine and Coppeil to adjust their contiguous 'SE'FI' BY: LO~RY ;,,,,~,24-cd.5 ; 3'.08P~ ; BOYLF Y-,. 81742~082o;~ a/ 7 DRAFT boundaries in a manner lhat would leave approximately the same amount of property in each city but would eliminate any buildings being in both cities; and WHEREAS, Coppell is willing for Grapevine to provide water and sanitary sewer service to the sixty (60) acres of the Hunt Property located in Coppell and Grapevine is agreeable to providing such services pursuant to and In accordance with the terms of this Agreement. NOW THEREFORE the parties, Grapevine, Coppell and Hunt, do hereby contract, covenant and agree for good and valuable consideration Including mutual pr0mises, the receipt and adequa~:y of which is hereby acknowledged, ae follows: se©rice 1 All matters stated in the preamble are true and correct and are Incorporated into the body of this Agreement. Section II Grapevine and Coppell do hereby agree to an adlustme/~t 'in their respective contiguous boundaries in order to establish a new/contiguous boundary line as shown on the concept plan labelled Exhibit "B", which Exhibit "B' Is attached herto and incorporated herein; The Cities do hereby agree to pass the appropriate ordinances adjusting their boundaries, ali.annexing property, relinquishing claims to extraterritorial Jurisdiction and commencing annsxatlon of the area released simultaneously within one (1) month of Hunt obtaining zoning approval from both cities for the proposed development, which zoning approval shall Include a site pl&n that is consistent with this boundary agreement and the proposed buildings ss shown in the approximate location reflected in Exhil:)lt 'B". Hunt agrees riot to request appprovai of any buildings that would be toosted in both 'cities, Section III A. Grapevine agrees to provide water and sanitary sewer service to all of the Hunt Property. Coppell agrees to allow Grapevine to provide water and sanitary sewer service within its boundaries to the 04/~5/95 10:51 CITY OF ~RHPEUINE -* Pi4 5~4 dbYd "~'~f~~o~Y ' i ...... ~ ............................... ,-24-g8 ; 8:0~ ; BOYLE. ~9~'RY- '' DRAFT ~poroxlmn~ely ~txty (80) nc~ trna, Grnpevine ~h~ll receive nil revenuee from the w~ter treatment and distribution and the ~anita~ sewer S??.. ~olle~tlon and ~nepe~ the plumbing facilities In Coppell during ~onstruetion and at~% all reasonable times thereafter to be ~eured that the facilities are~ compatible and consistent wi~ the City of Grapevine'~ system and are not violations of any of the City's relevant ordinances. Coppell agrees to enfor~ ~s ordinance and all federal and state law and does hereby state. that its reliant ordinance dealing with the water and sewer system are~ at le~t as atrfnge~ as Grapevine's ordinances. B. Hunt ~hall pay all rates, fees ~d charges for water and sanl~ sewer aeries in this sixty (60) acm tm~ to Grapevine at 1.2 time the rates, fees and charges Identified In Grapevine's ordinances establishing suoh rates, fees and oha~ee. Grapevine retains the right to chugs and adluat Es charges. Section IV This agreement shall be for a term of twenty (20) years oommencing on the ...... _._ day of ..... 1995. Seotion V All parties may pursue all legal and equitable remedies after giving the other party thirty (30) days written notice to correct the default and failure of the other party to re~ify said default. lleotlon VI 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: TO GRAPEVINE: City of Grapevine P.O.Box 95104 Grapevine, Texas 76099 04×'25×95 10:52 CITY OF GRAPEUINE -* 214 304 36?3 N0.223 1~05 DRAFT Att®ntion: City Manager TO ¢OPPEL~ City of Ooppeli Coppell, Texas Attention: Ctly Manager TO H/A JOINT VENTURE: A change of address may be made by either party upon the giving of ten (10) days prior written notice. 8e0tion VII 1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, and aseigr~. 2. . This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior under~tancllngs or written or oral agreements between the parties respecting the subject matter hereof, 3, No amendment, modification or alteration of the terms hereof shall be binding unless the same be In writing, dated subsequent to the date hereof and duly executed by the parties. 4. 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 sams instrument. 5, In ease any one or more of the provisions contained in this Agreement shall for any reason be held to be invlaid, iilegat, or unenforceable in any respect, such Invalidity, illegality, or unenforoeabillty shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceal~le SEh~' BY:BOYLI~&L,OW~Y -24-8B ; 3:07P~ : BOYLE,'~RY~ '-" 81742t0~20:# 8/ 7 DRAFT provision had never been contained herein. 6, The obligations and undertakings of each of the parties to this Agreement are and 8hall be performable in Tarrant County, Texas. 7. Each party herto warrants that it has received authority from It8 governing body to enter into this agreement. EXEOUTED THIS ......... day of , , 1995, CITY OF GRAPEVINE, TEXAS, City Secretary APPROVED BY CITY COUNCIL / /95 APPROVED AS TO FORM: City Attorney CITY Of COPPELL ATT'E~T: 04×25.."95 10:53 CITY OF GR,qPEk)~NE ,-* 214 S04 ,3673 I'..10.223 1~07 ............... DRAFT City Secmt~ry APPROVED AS TO FORM: City Attorney i-VA GRAPEVINE JOINT VENTURE  P O. Box 4'8 Coppell. Tex~ *5019 'l'ne City With A Beautiful Future Fax No. ~214) 304-3673 FAX CQVER SHEET PLEASE DELIVER THE FOLLOWING PAGES TO: IF YOU DO NOT RECEIVE ALL QF THE PA(~F~, PLEASE CALL BACK AS SOON AS POSSIBLE. PLEASE DIAL DIRECT TO THE PERSON SENDING THIS FAX BY DIALING THE DIRECT DIAL NUMBER LIb'rED. THANK YOU.