DFW Trade JV-CS 950510
05/10/9S 16:05 CITY OF GRAPEUINE -~ 214 304 367~ N0.556 ~02
SENT BY ~BOYI_~&LO~I~¥ ........... i'~'~'d.c~ - :- -~ :'i§P~ ; BOYL.E&L~R¥~ ~. ~,tz~u~z~ ~; z~ o
~TATE OF TEXAS t
COUNTY OF TARRANT §
INTERi,,OCAL A~iRBEMENT TO ANO TO PROVIDE FOR WATER AND "
SANITARY SEWER SERVICEr STREETI, ROADt, INSPECTIONS, FEES
I · reernent between the City of Grapevine, Texas, a
This interloca g .... ,.- ,,-:,,. ,,~ Connetl. a Home Rule City
eYIl~ eno me ~.,-y ~, rr
Home Rule City (~3rap . ) .... .__..._ ~/A~ . tared into purluent
,,-.....,..x anti H/A Glrlpevine JOlm ven~u~w ~, ,-.~-/ ia an
[~,-vw,,./ -:_--. _. '"e Texas Government Code,
to Chapter ~v~ ~ -'
WHEIR~AI, Grapevine and Goppell have e, ontiguous and adjacent
boundaries; and
A is the owner of a tract o! land approximately one
WHERliAa, ~ ...... ,- .--- ,.birth tract ia deaorlbed by met_es
· (180) sores .~ -,--=, ....... into the
hundred and eighty .......... -,-:~-,. ~- h'-rebv Incorporated
and bounds In Exhibit _'~A",ifWcnc~nle(~;t;:'"ltts"e~t'~rety: which tract thai, be
body ct thla contract
hereinafter refereed to as the Hunt Property; and
WHBREAt, the Hum Property is Ice, atari in both the City of Grapevine
(approMmat~ one hundred and twenty (120) acres of the property) and in
the City of COlaPell (approximately sixty (60) acres of the property); and
WHEREAS, HIA has submitted a con.oeptuat pl&n ct potential
Hunt Pro arty for oommerc,al warehouSe use, which
development of the I~flects ~i:}utldlng$ in laoth cities, Exhibit "El": and
plan Of development
WHBREA$, Coppetl does not oulTently have the oapa~/ in its water
anal sewer system to serve the sixty (60) acres of tt~e Hunt Property
located within its city limits; and
A1 Ooppell i~ willing for Grapevine to provide water and
WHERE _L_..__ o.. *~,e sixw (60) aorel of the Hunt. Prop?rty
its sewer Servua~; ~v ,,, -~ · sucrl cervices
san ry .... , ..... -~,le to prowding
located in Coppell and ~irapevme ~e a~r=w,~,
SIE~T BY:~YLE&LOI~EY ;~.~t0-gS ~ 2:~.~PN ; BOYLE&L,~Y-, 817~2~,0520~# 3/ 8
pursuant to and in accordance with the terms of this Agreement.
NOW 'I'I'IER~sFOR"~ the parties. Grapevine. Coppell and H/.A_, do hereby
contraS, covenant and agree for goocl and valuable conside, rat~o.n including
mutual promises, the rec~elpt and adequacy of whtch is hereby
acknowledged, as follows:
Section 1
All matters etatecl in the' preamble are true and correct and are
incorporated into the body o! thio Agreement as tf Col~ied In their entirety.
8lotion II
A. Grapevine agrees to provide water and sanitary sewer service to
a~ll of the Hunt Property. Coppell agrees to allow Grapevine to provide
water and sanitary sewer so,ice to the development of the Hunt Prol~rtY
within it~ boundaries. Grapevine shall reGeive all revenues from tl~e
water treatment and distribution and the sanitary sewer colle,,"tlon and
treatment Including any Impact fees, tap fees, Inspection fees, end all
other fees. Grapevine shall have the opportunity to review and Inspect the
plumbing facilities in Coppell during oonstruotio.n, and at all reasonable
times thereafter to be assured that the faciltttee are compatible Sno~
onslatent with the City of Grapevine's system and are not violations
c ........ ,--,- ....,.....-.,, ,,,,~i,mnces Coppell agrees to enforce
any O1-~rapevln~, ,~,,~,,- '-'-- ..... ~ ¥ ~-~"
federal and state law and does hereby ~tate that
aUl itringent as Grlpevi~e's orcunanoes. ~rap~v,-~ v.u,, ,-,, ,..--- .-.- i
in the event of an Inoon,Fattency or conflict.
B. H/A shall pay all rates, fee. and charges for water and sanitary
r the si 60} aero tract located in Coppell to Grapevine
sewer so.toe fo xty ( - · 's
at 1.25 times the rates, fees and charges identified In Grapevtn?
ordinances e~tat:)lishlng such rates, fees and chargeS. Grapevine retains
the right to change and adlust ~ charges,
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Section Iil
Grapevine shall provide ail buildi.n.g Inlpecflon and Grapevine shall
receive ali permit and building inspection fees. The City of .Grapevine
..... '-- -'-'-- '* -'-*-'me and no#ce all applicable City ordinances .of
8nail nave tne ngn[ t~, ~,[-~, ,' - ,
event et , conffiot between Coppell's and Grapevine
Co II. In the
ppg ......... ---.. '---war and building codes.
ordinartcee, relating to wamr, ~----,~'
Grepevlne's ordinances eft'il prevail.
Section IV
A. The two (2) oitte~ ,hail endeavor to zone the property, within
heir r~ strive citi~, in a manner that is oompatlt~le and conducive to
t. . P ........ -'----- with the plan sul~mltted by H/A, Any conflict
CleVMoprnertt iff ll~ulu~[,~ .
in the zoning shall be resolved by applying the meet stnngent standard.
B. A single ,ubdlvi,lon plat shall be filed for review and approval
in both oltle~
8eotlon V.
A. Coppeil ,hal, provide the flint reepono, for. ,..mar, ency. I:~/_~t.. a~.._d
fire service to the Hunt Property. Grapevine Il'tail SUpply DBO& up
emergency police and fir. services to the Hunt Property, ~1 i~oaC~,el~,ance
an exlstin Intedocal agreement betw?an Grapevine d . PP · , -
with g ,,~........~,. ~ ~ .~,~c~.. ~,',~,,.,.e ~,~ ~'~v,-~
,Ir,ets ,!~alltie constru~ed In accordance
El. All p.u.b, liO · : ---' ..... ' .... nts. er, havinG, shall
latione eminences an, r~lu,,~,,,~ r .
?ape.vine...r_e..g,u_ . _ ,,-.,._..,,... . vine aareee to maintain and repa,r
~Pstmete ina manner that i$ ~one..em. with Its st_re~_m~nnt~an.~:rt:~d, d~ ~'3
repair requirements. Ooppell in,Il reimours.e urapevme, u ,~
bane, its reemonal~le expense incurred in maintaining tl~e streets.
C. Grapevine flood plain requirements are appllc~able to. the Hunt
Pr~oert~.~l In the event of a conflict relative to minimum ,lab, building
meet stringent llehall apply.
arklng lot elevation, the
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Section VI.
'A, This agreement shall be for a term of twenty (20) years
commenGing on the ..... day o! .... 19~5. The
A reement eh&il be automatically extended-for five (5) year periods
ungl?a any party give the other psi'ties at least one (1) full year written
notioe in advance of the extension date.
B, All parties may pumue all legal and equitable remedies except
termination after giving the o~er party thirty (30) days. written notice to
con'eot the default and failure Of the other party to reobfy said default.
Section vii
Any notice required to be given under this Agreement shall be
deemed to have been adequately given If Oepo.lted in the United States
meJi in an envelope with .ufficlent poMage and properly addressed to the
other party as follows:
TO GRAPt~NE:
City of Grapevine
P.O,Box 001O4
Grapevine, Texas 78090
Attention: Olty Manager
City of Coppell
COl~pell, Texas
Attention: City Manager
TO H/A JOINT VENTURE:
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05×10/95 16:09 CITY OF GRAPEUINE ~ 214 304 3673 N0.536 Q06
$1~'~1' ~Y:,BOYL.~'&LO~RY ; ~lO-~l~ ; ~:1~-~1 ~ mv~u~-~z.v~~ o~u~u.~ u, ~
A change of address may be made by either party upon the giving of
ten (10) days prior written nottoa,
8action VIII
1. This Agreement shall be binding upon and inure to 'the benefit
of the parties hereto and their respective suocessom, and assigns,
2. This Agreement constitutes the sola and only agreement of the
parties hereto and supersedes any prior understandings or written or oral
agreements between the parties respeotlng the subJeu-'t matter hereof.
3. No amendment, modification or alteration of the terms hereof
shall be binding unless the same be in writing, dated sul:~equent to the
date hereof and duly executed by the parties,
4, This Agreement may be executed oonourrentty in one or more
countarpart~, each of whloh shall be deemed an original, but ali of which
together shall oormtitute one and the ~ama ir~trument.
5. .In oaae any one or more of the provisions contained In this
Agreement shall for any reason be held to be Invalid, illegal, or
unanfo.;eable In any reaped;t, srJch Invalidity, Illegality, or
unenforoeabillty shall not affac;t any otl~ar provision hereof and tl~ts
Agreement .hall be construed as if such Invalid, illegal or unenforceable
provision had never been oontained I~erein.
6. The obligations and undertaklng~ of each of the parties to this
Agreement are and shall be performable tn Tarmm County, Texas.
7, Eacfl party hereto warrants that it has received authority from
its governing body to enter into this agreement.
EXECUTED THIS day of .., 1995.
CITY OF GRAPEVINE, TEXAS.
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05/10/95 16:07 CITY OF GR~PEUINE '-~ 214 304
City Se~rel&ry
APPROVED BY CITY COUNCIL / /95
APPROVED A~ TO FORM:
CRy Attorney
05/10/95 16:07 CITY OF L~RNPEUINE ~ Zl4 d~4 dbYd r~u.o~b ~
B¥:~O'¥I..E&LOI~I~¥ ; ~..k0-e~ ; 2:1I~f4 ; l~O'fU~'eiOJ~Y' ul~uo~ .....
i,-i/A GRAPEVINE JOINT VENTURE
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