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.
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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.
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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.
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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:
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