Number 25STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS §
1
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 terns 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 "I", 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
SENT BY: CITY OF COPPELL; 9723047041; AUG -26-03 5:47PM; PAGE 212
3. The USPS hereby consents to the City's construction of new ingress, and egress to
USPS property from Bethel School Road, as depicted on Exhibit "A," generally consisting of
new drivcways in the total area of 918 S. Y. (183 + 98 + 637) and the removal of existing
driveways in the total area of 476 S.Y. (57 + 37 + 132 + 250). City hereby agrees to the
resodding of the nor -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 all the
resodded 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 Exhibited "1. ".
5. The obligations and undertakings or 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 the 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 Agreement and bind the
USPS to the same.
7. TWs 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
huTety or their heirs, successors and assigns.
This Agreement shal l be filed in the decd records of Dallas County, Texas.
Agreement - Page 2 Revised 15958
3. The USPS hereby consents to the City's construction of new ingress and egress to
LISPS property from Bethel School Road, as depicted on Exhibit "A," generally consisting of
new driveways in the total area of 918 S. Y. (183 + 98 + 637) and the removal of existing
driveways in the total area of 476 S.Y. (57 + 37 + 132 + 250). USPS hereby agrees to the
resodding of the non -paved area after the removal of the existing driveways, as depicted on the
attached Exhibit "I".
4. The USPS further agrees, as consideration of this Agreement, to maintain all the
resodded 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 Exhibited "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 the 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 Agreement and bind the
USPS to the same.
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
hereto or their heirs, successors and assigns.
8. This Agreement shall be filed in the deed records of Dallas County, Texas.
Agreement - Page 2 55958
EXECUTED on this day of V , 2003.
CITY OF COPPELL, TEXAS UNITED STATES POSTAL SERVICE
ATTEST:
LIM
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S . N65 iq c SCKVI C E�
Its: 'gm1Nt,
ATTEST:
Libby Ball
City Secretary Its:
APPROVED AS%TO FORM:
City Attorney
Agreement - Page 3
i
APPROVED AS TO FORM:
LM
Its:
55958
CITY'S ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the 1 �� day of
2003, by Jim Witt, City Manager of the City of Coppell, Texas, a
as Home Rule municipality, on behalf of said municipality.
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STATE OF TES'
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COUNTY OF H*Hb*S
Notary Public, to of Texas
LISPS' ACKNOWLEDGEMENT
,q This instrument was acknowledged before me on the day of
v , 2003, by AaJ of
the United States Postal Service, a governmental entity, on behalf of said entity.
'�) 2
*Notary blic, to IFe � 74W',0 ErJEE
(Seal)
MYCOANSSION EXPIRES:
MARCH 29, 2005
Agreement -Page 4 _
55958