DFW Trade JV-CS 950511STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT TO AND TO PROVIDE FOR WATER AND SANITARY
SEWER SERVICE, STREETS, ROADS, INSPECTIONS, FEES
This interlocal agreement between the City of Grapevine, Texas, a Home Rule
City (Grapevine) and the City of Coppell, a Home Rule City (Coppell) and H/A
Grapevine Joint Venture (H/A) is entered into pursuant to Chapter 791 of the Texas
Government Code.
WHEREAS, Grapevine and Coppell have contiguous and adjacent boundaries;
and
WHEREAS, H/A is the owner of a tract of land approximately one hundred and
eighty (180) acres in size, which tract is described by metes and bounds in Exhibit
"A", which exhibit is hereby incorporated into the body of this contract as if copied
in its entirety, which tract shall be hereinafter referred to as the Hunt Property; and
WHEREAS, the Hunt Property is located in both the City of Grapevine
(approximately one hundred and twenty (12) acres of the property) and in the City of
Coppell (approximately sixty (60) acres of the property); and
WHEREAS, H/A has submitted a conceptual plan of potential development of
the Hunt Property for commercial warehouse use, which plan of development reflects
buildings in both cities, Exhibit "B", and
WHEREAS, Coppell does not currently have the capacity in its water and sewer
system to serve the sixty (60) acres of the Hunt Property located within its city limits;
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 H/A, do hereby contract,
covenant and agree for good and valuable consideration including mutual promises,
the receipt and adequacy of which is hereby acknowledged, as follows:
Section I
All matters stated in the preamble are true and correct and are incorporated into
the body of this Agreement as if copied in their entirety.
Section II
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 to the development of the Hunt Property within its boundaries. Grapevine
shall receive all revenues from the water treatment and distribution and the sanitary
sewer collection and treatment including any impact fees, tap fees, inspection fees,
and all other fees. Grapevine shall have the opportunity to review and inspect the
plumbing facilities in Coppell during construction and at all reasonable times thereafter
to be assured that the facilities are compatible and consistent with the City of
Grapevine's system and are not violations of any of Grapevine's relevant ordinances.
Coppell agrees to enforce its ordinance and all federal and state lav~ ~a~d~y
s tta_}~t ha~rd in~r;,cc= -~ ~ ~",,,, .-.:+~
......-+,~ .,,,,, the vvaLer ar,~ s~ver Sys[em ~fu st least
as_s~d~Crc~p~v[r~'s ,,,d ...... Grapevine ordinances shall prevail in the
event of an inconsistency or conflict.
B. H/A shall pay all rates, fees and charges for water and sanitary sewer
service for the sixty (60) acre tract located in Coppell to Grapevine at 1.25 times the
rates, fees and charges identified in Grapevine's ordinances establishing such rates,
fees and charges. Grapevine retains the right to change and adjust its charges.
Section III
B. AIl~ublic streets shall be constructed in accordance with Grapevine
/
rceognUi~i~isO' ~:Jinann.~Grape~ien~ aag~dee~ui~:imn~tnS~nd ~~i~ihneesti~ltls ii~SaPemC~nnallr tihnilill
consistent with its street maintenance and repair requirements. Coppell shall
reimburse Grapevine, on a quarterly basis, its reasonable expenses incurred in
maintaining the streets.
C. Grapevine flood plain requirements are applicable to the Hunt Property.
Section VI.
A. This agreement shall be for a term of twenty (20) years commencing on
the day of 1995. The Agreement shall be
automatically extended for five (5) year periods unless any party gives the other
parties at least one (1) full year written notice in advance of the extension date.
B. All parties may pursue all legal and equitable remedies except termination
after giving the other party thirty (30) days written notice to correct the default and
failure of the other party to rectify said default.
Section VII.
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
Attention: City Manager
TO COPPELL:
City of Coppell
P.O. Box 478
Coppell, Texas 75019-0478
Attention: City 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.
Section VIII.
1. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors, and assigns.
2. 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.
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 same instrument.
5. In case any one or more of the provisions contained in this Agreement
shall for any reasons 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.
6. The obligations and undertakings of each of the parties to this Agreement
are and shall be performable in Tarrant County, Texas.
7. Each 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
City Secretary
APPROVED BY CITY COUNCIL / /95
APPROVED AS TO FORM:
City Attorney
CITY OF COPPELL
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
H/A GRAPEVINE JOINT VENTURE
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