Gunner Sub-AG 971014 AGENDA REQUEST FORM
IL MEETING: October 14, 1997 ITEM
ITEM CAPTION=
Consider approval of a Development Agreement with W.H.R.B. Real Estate
for cost sharing of traffic signalization, and authorizing the Mayor
to sign.
SUBMITTED BY= Jim Witt
TITLB~ City Manager
BTAFF RBCOMMENDB~
&pgroval Denial
BUDGET 2~MT. $
FINANCIAL COMMBNTB; t)~
DIR. INITIALS:
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FIN. REVIEN~
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CITY IO~IaGSlt RBVIBW:
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OCT 08 '97 16:54 FR NICHOLS JCKSON DLLRD 214 965 0010 TO COPPELL CM P.02×04
STATE OF TEXAS §
COUNTY OF DALLAS §
DRAFT
10/8/97
TRAFFIC SIGNALIZATION COST SHARING AGREEMENT
This Agreement is made and entered into by and between the City o£ Coppell, Texas, a
Home Rule City and municipal corporation of the State of Texas (hereinatter refe~ed to as
"CITY") and WHRL Real Estate Limited Partnership, a Delaware limited partnership (her~inaRer
referred to as "WHi~").
WltEREAS, WHRL desir~ to subdivide and develop a certain 16.8034 a~e traot of hind
known as Gunner Subdivision in the City of Coppea, Dallas County, Texas; and
WHEREAS, the City Council of the City of Coppell has approved a preliminary plat
therefore subject to en~ineer~g comments, one of which is that WHRL should plmicipste in the
cost of a proposed traffic light at the intersection ofBeltline Rozd and F~-,amy Drivz; and
WHEREAS, the parties have agreed that the CITY will construct the traffic signal at such
intersection at ~m estimated cost of Eighty-Five Thousand Dollnrs ($$$.000) and that WHRL will
reimburse the CITY one-third (~h) of the total cost thereofl N~W, THKR~FORI~
For and in consideration of the mutual covenants sad ben, fit4 contained herein, the
sufficiency of which is hereby acknowledged by the execution hereo~ CITY and WHRL agrees as
follows:
l. The CITY agrees that it will design, construct and take full responsib'~y for the
maintenance of a traffic control signal at the interseciion of Beitline Road and Fairway Drive,
adjacent to the Gunner Subdivision. The traffic control sigmd will be conm'u~l in accordance
with the standard specifications of the CITY for such si~als and is ~timated to have a total cost
of Eighty-Five Thousand Dollars ($85,000). The CITY agrees to complete construction of the
traffic control signal within nine (9) months after & final plat of the Gunner Subdivision has been
approved.
2. WHRL agrees that, upon completion of the traffic signal and aooeptanoe of the
construction by the CITY, the CITY will provide WHRL a written accounting of the total costs.
Within ten (10) clays after receipt of the accounting, WHRL will reimburse the CITY in the
amount of one-third (Ih) of the total cost ofsuoh traffio sill~d.
Traffic Signalization Cost Sharing Agreement - Page
OCT 08 '9? 16:54 FR NICHOLS JCKSON DLLRD 214 965 0010 TO COPPELL CM
P.03×04
3. The CITY represents that it will follow the provisions of state law with regard to
competitive bidding and will require ail appropriate payment and performance bonds from its
contractor.
4. A~er all improvements are completed and are in substantial compliance with the
final plans and ~peci~cations, the CITY shall approve and ac.~pt the improvement~ for
maintenance.
5. If any party hereto fails to abide by its oblii~ations hereunder, any other party shall,
in addition to any rights or remedies available to such other party at law or in equity, be entitled to
terminate this Agreement or to enforce specific performance of the def~tultinl~ party's obligations
hereunder.
6. This Agreement, along with the final plans, si: ?.ifications and othe~ conmu~ion
documents relative to construction of the tr~c signal, together with th~ final invoice for the total
cost thereof, constitute the entire understamiing between and among the patties hereto relntin~ to
the improvements, shall be binding upon and inure to the benefit of such party and tlmir msp~tive
successors, heirs, assigns and legal representatives. If any action in I~w or equity is brought to
enforce or interpret the provisions of this A~eemcnt, the prevailin~ party shall be entitled to
reasonable attorneys fees in addition to any other remedy to which the party may be entitled.
7. Th~ validity of this Agreem~ and any of its un'ms and provisions as ~ as tim
rights and duties of tim party shall be $oven~ by the laws of tim Stat~ of Texas and venu~ for
any action concemin~ this Asreemeat shall lie exdugvdy in Dallas Corem/, Texas.
$. This Agreement ~dudl be amended only by mutual a~reement of the parties, in
writing, which amendment shall be attached to and incorporated in this Agreement.
9. In the event any one or more of the provisions of this Alp'~ment shall, for any
reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and the Agreement shall be construed
as if such invalid, illegal, or unenforceable provision had never been contained in it.
10. Any notic~ required are pcn~nitted, to b~ deli~,ered hereunder shall be deemed
received when sent by United States Mail, posta$o prepaid, c,~tified mail, r~mm rooeipt
requested, addressed to CITY or WttRL, as the case may be, at the address set forth below the
signature of the party.
11. The provisions of this Agreement are hereby dec. hu'ed covenants running with the
Property and are fully binding on all successors, heirs, and assigns of WHRL who acquire any
right, title or interest in or to the Property, or any part thereof. Any person who acquires any
right, title or interest in or to the Property, or any part thereo~ thereby agrees and covenants to
abide by and fully perform the provisions of this Agreement. The Agreement will be recorded in
Traffic Signalization Cost Sharing Agreement - Page
,OGT '97 16:55 FR NICHOLS JCKSON DLLRD 214 965 8818 TO COPPELL P.04/04
the real property records of Dallas County, Texas, by CITY. I he release of this Agreement will
be furnished to WHRL by CITY upon satisfactory domplction of construction of the tcafl~c
and receipt of payment by WHRL of its share of the costs as provided herein.
EXECUTED the ~ day of ,1997.
CITY OF COPPELL
WHRL REAL ESTATE LIMITED
PARTNERSHIP, A DELAWAR]~
LIlVflTF, D PARTNERSHIP
By:
Candy Sheehan, Mayor
P.O. Box 478
Coppell, Texas 75019
ATTEST:
By:
J Tab Neblett, Ass/stant Vice
President WHRB Gert-Par, Inc., a
Delaware Corporation, General
Partner of WHRL Real Esme
Limited Partner~p
600 Las Colina~ Boul~v~xi
SO:~ 1900
Irvin& Texas 75039
ATTF~ST:
By:
K~thl~n Ro~,l~ City Secretary
By:
Traffic Si~nnllzation Cost Sharing Agreement - Page 3
TOTAL PAGE.04 **