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HomeMy WebLinkAboutItem 18 - Traffic Signal City/Owner Agreement MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER \P MEETING DATE: MARCH 7, 2017 SUBJECT: TRAFFIC SIGNAL CONSTRUCTION COST CITY/OWNER AGREEMENT RECOMMENDATION: City Council consider approving a City/Owner Agreement with The Gatehouse to provide interim funding in the amount of $150,000.00 for the design and construction of a traffic signal at the intersection of Westport Parkway and Stone Myers Parkway, authorize the City Manager to execute said agreement and take any necessary action. FUNDING SOURCE: Initial funding will be provided by The Gatehouse. City shall reimburse the full amount expended no later than November 30, 2017. BACKGROUND: Ms. Lisa Rose, Board President of The Gatehouse contacted the City Staff regarding the installation of a traffic signal at the intersection of Westport Parkway and Stone Myers Parkway. City Traffic Engineering staff observed the operation of the intersection and have determined that the intersection does meet the necessary traffic warrants to justify a signal. Funding for the construction of a new signal is not programmed in the FY 17 Budget. Ms. Rose has proposed to provide for the front end costs of the signal in exchange for the City budgeting the funds to reimburse The Gatehouse in next year's budget. Staff recommends approval. I 4 STATE OF TEXAS § COUNTY OF TARRANT § CITY / OWNER AGREEMENT CITY OF GRAPEVINE § WHEREAS, The Gatehouse, hereinafter referred to as "Owner", is the owner of a tract of land in the City of Grapevine, Tarrant County, Texas, a Texas home-rule City, hereinafter referred to as "City", which tract of land is located near the intersection of Westport Parkway and Stone Myers Parkway (the "Intersection"), in the City of Grapevine; and WHEREAS, development in the area of the Intersection now generates a volume of traffic which warrants the installation of a traffic signal at the Intersection; and WHEREAS, the City, pursuant to its ordinances, acknowledges responsibility to construct the traffic signal system ("the Project") to accommodate the traffic volumes at the Intersection; and WHEREAS, the design and construction of the Project shall be undertaken by the City; and WHEREAS, for the purposes of this Agreement, the City and the Owner agree that the "Total Cost" shall be defined as the final construction cost of the Project including: Design, Construction, and Material Testing; and WHEREAS, the Owner and City agree that the Owner's full funding of the Project cost of $150,000.00 represents an advance to the City to expedite the design and construction of the Project; and WHEREAS, the Owner and the City agree that the City shall fully reimburse the Owner in an amount not to exceed $150,000.00; and NOW, THEREFORE, the parties to this Contract, the City and the Owner, do enter into this Contract, for good and valuable consideration, the receipt and sufficiency of such consideration being hereby acknowledged, and in the mutual promises and mutual benefits that flow to each party, do hereby contract, covenant, warrant, and agree as follows: Section 1. That all matters stated in the preamble above are found to be true and correct and are incorporated into the body of this Contract as if copied verbatim in their entirety. I I 1 Section 2. That the Owner shall remit the amount of $150,000 to the City within thirty (30) days of the execution of this Agreement. Said funding shall be reserved solely for use on the Project. Upon receipt of such funding, the City hereby agrees to design and construct the Project as herein described with Owner funds to address traffic capacity needs. Section 3. That the Owner and City agree to the City reimbursing the Owner the full amount of funds initially provided by the Owner to the City no later than November 30, 2017. Section 8. Upon completion of the construction of the Project, the Project and all appurtenances thereto shall become the property of the City. Section 9. This Agreement shall not be assignable without the express written consent of City and Owner. Executed this Day of , 2017. DEVELOPER: (Typed Name of Owner) APPROVED: CITY OF GRAPEVINE, TEXAS City Attorney Bruno Rumbelow, City Manager STATE OF COUNTY OF Before me, a notary public, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing document and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of 2017. I 2 Notary Public Signature Notary Public Printed or Typed Name My commission expires: STATE OF COUNTY OF Before me, a notary public, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing document and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of 2017. Notary Public Signature Notary Public Printed or Typed Name My commission expires: 3