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Res 137-2007 9/4/2007 RESOLUTION NO. � 3� �� RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE ADVANCE FUNDING AGREEMENT FOR A PRIVATELY FUNDED DRIVEWAY THAT WILL BE CONSTRUCTED WITHIN THE MAPLEWOOD STREET IMPROVEMENT PROJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, Charles Berry and Joe Nield (Private Contributor) have requested that the City of Wichita Falls construct a driveway across Quail Creek during the construction of the Maplewood Street Improvement Project; and WHEREAS, the driveway will be included during the City construction of the Maplewood Project, benefiting the citizens by not duplicating construction. WHEREAS, this funding agreement with Charles Berry and Joe Nield will provide this funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The Advance Funding Agreement is accepted and the City Manager is hereby authorized to execute said agreement with Charles Berry and Joe Nield. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 4th day of September, 2007. c =_ - � �--�� MAYOR ATTEST: � �� i Clerk w � ' ` � Project # CWF07-442-02 Projec� Mapl Street Improvcm�nts CITY OF WICNRA FALLS WICHITA COUNTY ADVANCE FUNDING AGR�MENT FOR VOLUNTARY LOCAL PRNATE CONTRIBUTIONS TO IMPROVEMENT PROJECTS TIi13 AGREEMENT IS MADE BY AND BETWEEN the City of WichiNa Falis, hereinafter called the City, and Charles Berry and Joe Nie{d, hereinafter calted the Private Contributor. NnrNess� WHEREAS� the Private Cor�tributor has requested that the City allow the Private Contnbutor to paficipate in said improvemerrt by funding that portion of the improvemerrt des�xibed as a privabe ac�ess driveway across Quail Creek, herBinaf6er called the "Project"; and, WHEREAS, the Cihr has determined that such partiapation is in the best interest of the atizens of the City; NOW, THEREFORE, in consideration of the premises and of the mutual covenarrts and agreemer�ts of the parties involved, to be by them respecctivvey kept and perfortned as hereinafter set forth, the City and the Private ConMbutor do agree as follows: ACiREEMENT Articla 1. Project Funding and Work Responsibilitles. The City will author¢e the performance of only those Project items of work which the Private CoMributor has requesbed and has agreed to pay for as described in Attachment A, Project Budget and �escription, which is attached to and made a part of this cor�trad. Article 2. Payment of Funds. Whenever funds are paid by the Private Confibutor to the Cit�r under this Agreement, the PrNate CoMributor shall rernit a chedc or warrant made payable to the "The City of Wichita Falis." The chedc or warra� sMall be deposited by the City in an escrow account to be managed by the City. Funds in the escxow accourrt may onty be applied by the Cit�r to the Project. If, after fi�l Project accour�ting, excess funds remain in the escrow accourrt, those funds will be retumed to the Private Contributor. Article 3. Increasad Costs. if, after final Project accounting, the cost for agreed upon projed items is in excess of the escrow account, the Private Contributor shall reimburse the City for the addidonal cost within thirty days of written notification from the City. Article 4. Right of Acceas. If the Private Contributor is the owne� of any part of the Pmject site, the Private Contributor shall permit the Cit�r or its authorized representative acxess to the site to peiform any activities required to execute the wo�lc. Article 5. Adjustmenta Outside the Project 8ibe. The Private Contributor will provide foc all necessary right-of-way and u6liqr adjustmerrts needed for performance of the agreed upon work on s'ites not owned or to be acquired by the City. . . rro��c # cw�o�-aa2-o2 ' �ro�ccc: ��wooa�r.awr�c� s�c Improvements Article 6. Inspecdon and Conduct of Work. Unless otherwise speciftc:ally stated in Attachment A, Payment Provision and Work Responsibilities, to this contrad, the City will supervise and inspect ali work performed hereunder and provide such engineering inspection and testing servioes as may be required to ensure that the Project is axomplished in aocordance with the approved plans and specifications. All correspondence and instructions to the cortitrador perForming the work will be the sole responsibility of the City. Unless othennrise specficalfy stated in Attachment A to this coritract, all work will be perFormed in acoordance with the Standard Spec�'rcations fnr Public Wlorlcs Constnrction or special specfica�ons approved by the City. Article 7. Successors and Asslgns. The City and the Private Cor�tributor each binds itself, its suocessors, executors, assigns, and administrators to the other party to this agreement and ta the suocessors, executors, assigns and administrators of such other party � respect to all covenar�ts of this agreemeM. Article 8. Signatiory Warranty. The signatories to this agreement warrant that each has the authortty to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE CITY AND THE PRIVATE CONTRIBUTOR have exea�ted dupC�ate courrterparts to efFectuabe this agreeme�. THE CITY OF WICHITA FALLS BY Darron Laiker, City Manager Date . THE PRIVATE CONTRIBUTOR BY � , �ac� — ��- � Typed or Printed Name and Title �� 1� �C Rl�� 6ulh �'2 e � � �ate �'� Typed or rrinbed Name anr Tltl� � 1/ � 1 E �. 'DW �P � ' ' rrm�� # cwFO�-aa2-oz ' ' " ' Projecc: Mapiewood/I.awre�ce screec Impzovemonts Attachment A Project Budget and Desc�iption Charles BeRy and Joe Nield will pay for the cost of the instailation of a private acxess driveway across Quail Creek. The Private Contributor shall provide the Ciiy with an Irt�evocable Letter of Credit made payable to the 'The City of Vvchita Falls" for the estimated cost of the improvements. Funds shaN be drawn on the Letter of Credit prior to the beginning of construction in the vicinity of the proposed private acoess driveway. The final improvement � will be established from measured field quantides and actual contrad bid prices for the construction items required. The Private Contributa's participa�on is 100% of the cost of thls particular improvement. The Private Cor�ibuta's esstimated c�st of this additional work is $159,500. The City has estimated the project to be as foliows: Description Total City Participation Privata Contributflr Estfmaba Cost Partid tlon 96 C.�t % Cost Cor�strui�on:Cgsts ,: ' Concrete box culvert . $197,100 0°�6 30.00 100% 3197,100 Concrete driveway �21,800 0°6 50.00 100% 321,800 Omitted or redtxed items -$59.400 0% $0.00 100% -$59�400 (retaining wali� riPraP, etc) Subtotal i0 �0.00 $0 Direct City Costs (induding $0 0% 30.00 10096 � plan review, inspec�ion and overs' ht Estlmated at 0% TOTAL ;159 500 50.00 5159 600 D(rect City Cost will be based on actual charpes. Privats Contributor's Participatlon (100%) � ;159,500 This is an estimate onfy, final paficipation amaunts will be based on actuai charges to the project. t �I � �{ � I I au� c�mc cx�osstwc �, I � I . I I� i PROPOSED I ; IMPROVEMENTS � } I • • __ � . ' 1 t .. . . . . . . . . _.. _,,. . . . MAPLElM00D AVE _ . . pUA1L CREEIC : ' �_ T � y- _� � �r. �� T� �N .�� i.. � � • � � ----------------------------- 1 1 1 � � ._._ _= � ° � I cM�s ea�r �wo ,aE r�o �o�rr �d` � � � � . --��.......____.---------� � / PROPOSED RIGHT TURN LANE AND DRIVEWAY ACROSS CHANN�L �,�.� � i � _ �8"sS . . . . . . — . 30°SS — . �— . .30"SS — • tzao' ---------- �------ �---- -- as.00' — --------------------� ---------- —�:--- --- -------------`� �a.� PROPOSED RIGHT TURN LANE AND DRIVEWAY ACROSS CHANNEI. ��