HomeMy WebLinkAboutResolution 2004-022
RESOLUTION NO. 2004-022
that:
BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas,
1.
The City Manager is hereby authorized to execute the attached City/Developer
Agreement with MEGA Life and Health Insurance Company (UICI) for a Traffic Signal
installation at the intersection of Mid-Cities Boulevard and Simmons Drive as the act
and deed of the City.
PASSED AND APPROVED this the 22th day 0
4.
ATTEST:
J2Jtu~~
Patricia Hutson, City Secretary
AP~
George Staples, City Attorney
APPROVED AS TO CONTENT:
~J,~ ~,
iKe urtlS, P.E., Public Works Director
CITY - DEVELOPER AGREEMENT
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This Agreement is made and entered into by and between the City of North Richland
Hills, (hereinafter "City"), a municipal corporation of Tarrant County, Texas 76118, and The
MEGA Life and Health Insurance Company, an Oklahoma domiciled life and health insurance
company (hereinafter "Developer"), with offices at 9151 Grapevine Highway, P.O. Box 982010,
North Richland Hills, Tarrant County, Texas 76182-8010. The purpose of this agreement is to
document the terms and conditions under which the City will study, design and construct a traffic
signal at the intersection of Simmons Drive and Mid-Cities Boulevard at the expense of
Developer.
WHEREAS, by plat denoted UICI Drive Addition, approved on September 28, 2003 by the
City Council of the City, Developer was permitted to develop the site described
thereon in accordance with such plat; and
WHEREAS, such plat requires construction on the property legally described as UICI
Addition, of a public street which connects the UICI campus with Simmons
Drive; and
WHEREAS, Developer has completed the construction of the street (UICI Drive) and has
subsequently requested that a traffic signal be constructed at the intersection of
Simmons Drive and Mid-Cities Boulevard (the "Traffic Signal"); and
WHEREAS, Developer has requested that the signal be constructed as quickly as possible and
the City concurs with the desirability of having a signal constructed; NOW,
THEREFORE,
WITNESSETH
F or and in consideration of the mutual covenants herein set forth, the parties hereto agree
as follows:
1. Developer agrees to pay the costs of warrant studies, design and construction
required for the location of a traffic signal at the intersection of Simmons Drive and Mid-Cities
Boulevard. Developer agrees to pay One Hundred Thirteen Thousand Dollars ($113,000.00), the
estimated costs, to City upon execution of this agreement, and if the total costs exceed such
estimate, to pay all additional costs as incurred and billed, subject to the prior written consent of
the Developer, which consent shall not be unreasonably withheld.
DEVELOPERS AGREEMENT - Mega Life & Health Ins. Co. - Traffic Signal
G:\CorpLegaJ\JLStewartlAgreements - Working\2004\3-S-04 MEGA Traffic Signal (JLS) FINAL.doc
Page 1
2. Upon receipt of funds from Developer, City agrees to study, design and construct
the Traffic Signal contemplated by Paragraph 1. of this Agreement. Upon completion, if costs
are less than $113,000.00, City agrees to refund the difference to Developer within ten (10) days
of completion of installation and construction of the Traffic Signal.
3. City agrees to assume ownership of the Traffic Signal and to be responsible for its
maintenance upon completion of construction and expiration of maintenance provisions of any
contract it may execute for the construction of the Traffic Signal.
This Agreement was approved in its entirety at the m~eting .of the City Council of the
City of North Richland Hills on the !~~ day of 'Mti5I"'M , 2004, by a
majority vote of the Council.
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INSURANCE
ATTEST:
f7tv/Z/ðtei~
City Secretary
APPROVED AS TO CONTENT:
ll/u'1e C.~-
iRe Curtis, P.E., Public Works Director
APPROVED BY lEGAL DEPT.
DATE 3~
INlr/ALS . .. '
DEVELOPERS AGREEMENT - Mega Life & Health Ins. Co. - Traffic Signal
G:ICorpLegalVLStewartlAgreements - Working\2004\3-S-04 MEGA Traffic Signal (JLS) FINAL.doc
Page 2