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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 ,.rc v , ii 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. '•�Y P •' . ��'. :• U ; .o C (S*,a rE o F ' 7CNNLrIF'� STATE OF TES' slices Y 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