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Home My WebLink AboutResolution - 2005-R0171 - Amendment - Development Agreement For Design And Construction - Milwaukee Avenue - 04_25_2005Resolution No. 2005-RO171 April 25„ 2005 Item No. 4 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, the First Amendment of Development Agreement for Design and Construction of Milwaukee Avenue, between the City of Lubbock and Hubwest Development, L.L.C. and Canyon Hub Holdings, L.P., for the design and construction of Milwaukee Avenue. Said First Amendment of Development Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 25th day of April 2005. UGAL, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Hertel, APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney ml/ccdocs/Milwaukee Paving.Hubwest2.res April 22, 2005 CONTRACT NO, STATE OF TEXAS § 00006050 COUNTY OF LUBBOCK § FIRST AMENDMENT of DEVELOPMENT AGREEMENT for DESIGN and CONSTRUCTION of MILWAUKEE AVENUE This First Amendment of Development Agreement for Design and Construction of Milwaukee Avenue (the "Amendment") is entered into by and between the City of Lubbock, Texas, a Texas home rule municipal corporation (the "City"), Hubwest Development, L.L.C., a Texas limited liability company (the "Developer") and Canyon Hub Holdings, L.P., a Texas limited partnership ("Owner"). WITNESSETH: WHEREAS, pursuant to that certain Development Agreement for Design and Construction of Milwaukee Avenue, entered into on or about October 11, 2004, Resolution No. 2004-RO507 (the "Original Agreement"), Developer and Owner agreed to pay their proportionate share, as set forth therein, of the costs related to the street paving, drainage, water and sewer construction of Milwaukee Avenue, as defined in the Original Agreement; WHEREAS, it has come to the attention of the Developer and Owner that they desire traffic signal lights located at the intersection of Milwaukee Avenue and the entrance of the Canyon West development (being approximately 1300 feet north of US Highway 62/82), when constructed, for the control of traffic at such intersection; WHEREAS, Owner and Developer stipulate that they will pay all costs for such traffic signal light; WHEREAS, the City is amenable to constructing and operating such traffic signal light, upon the terms and provisions set forth below; WHEREAS, City, Developer and Owner desire to amend the Original Agreement to provide for the construction and payment of such signal traffic light, upon the terms and conditions set forth below. NOW THEREFORE, City, Owner and Developer hereby amend the Original Agreement as follows: 1. Section 1.06 (d), as set forth below, shall be added to the Original Agreement for all purposes, to -wit: "1.06 (d) In addition to the funds to be paid to City or placed into the Escrow Account by Developer, as described in Section 1.06 (a), above, Developer or Owner shall also pay to City or place into the Escrow Account, on or before the date set forth for payment by Developer to the Escrow Agent of the Actual Bid Cost, as set forth in Section 1.04, above, funds sufficient for the construction of traffic signal lighting to be located at the intersection of Milwaukee Avenue and the entrance of the Canyon West development (being approximately 1300 feet north of US Highway 62/82). A description of the traffic signal lighting to be constructed, along with the cost of same to be paid to City by Developer or Owner (the "Signal Funds") is set forth on Exhibit "A-1", attached hereto and made a part here for all purposes. If deposited into the Escrow Account, the City First Amendment of Milwaukee Paving Project Agreement Page 2 of 5 may withdraw the Signal Funds in the same manner as it withdraws all other funds in the Escrow Account pursuant to this Agreement. The traffic signal lighting shall be constructed and capable of operation (whether in actual operation or not) on or before March 1, 2006. However, in the event that the City shall fail to complete such construction on or before such date, the Developer and/or Owner shall not have the right to self perform such activities, as set forth in Section 1.08, below, but may solely resort to the rights and remedies available to them as provided in Section 4, below. Notwithstanding anything to the contrary herein, Developer and Owner expressly stipulate and agree that the traffic signal lighting shall not be activated by the City unless and until the traffic warrants for such lighting are met, as determined by the City Traffic Engineer of the City." 2. Developer and Owner represent and warrant to City that they (i) possess the requisite power and authority to execute, deliver and perform this Amendment; (ii) have taken all actions and formalities necessary to authorize Developer and Owner to execute, deliver and perform this Amendment; and (iii) the party executing for and on behalf of Developer and Owner has been duly authorized to act in such behalf for Developer and Owner. 3. Except as expressly modified herein, all terms and provisions of the Original Agreement shall remain as originally provided, such Original Agreement being expressly stipulated to be validly subsisting and effective, as amended hereby, by City, Owner and Developer. First Amendment of Milwaukee Paving Project Agreement Page 3 of 5 Effective this 28th day of April, 2005. ATTEST: P"*\,f O-AD C ,,zf 0- - Rebecca Garza, City Secretary APPROV AS )T�O; CONTENT: arry Hertel, City Engineer APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney CITY OF MAYOR DEVELOPER: T DEVELOPVF,1T, L.L.C. Naitt'e: Charles Hodges Title: Manager First Amendment of Milwaukee Paving Project Agreement Page 4 of 5 OWNER: L.P. Nam: Charles Hodges Title: Manager of General ml/Milwaukee Ave Paving Project.Hodges. I stAmended Agreement April 7, 2005 First Amendment of Milwaukee Paving Project Agreement Page 5 of 5 EXHIBIT A-1 Milwaukee Avenue Traffic Signal Installation Opinion of Probable Construction Cost Canyon West Entrance Standard Most Arm Assemblies with Decorative Skirt 44' 3 ea $ 4,700.00 S 14,100.00 32' 1 ea S 3,600.00 $ 3,600.00 Red Pole 3 ea $ 800.00 $ 1.800.00 Pod push-button 3 ea S 95,00 S 286.00 Foundation 88 tf S 130.00 $ 11,440.00 SOW Beads - 5 ind 2 ea $ 840.00 S 1,680.00 Signal Heeds - 3 ind 8 ea S 400,00 S 3,200.00 Badcplate 4 ea $ 75.00 S 300.W Pod Symbol Head 4 ea $ 350.00 S 1,400.00 Detector Loop 0 ea $ 2,000.00 S - Contro8er Cabinet 1 ea $ 7,600.00 $ 7,600 00 Controtler 1 ea $ 1 �000.00 $ 1,000 00 Foundation 1 ea $ 2,100.00 $ 2,100.00 City installation 40 hr $ 27.00 $ 1,060.00 CablelConduit 11s $ 4,000.00 $ 4,OOO.00 53 Rego 1 Is $ 1,750.00 5 1,750,00 Contractor install 1 is S 1.000.00 $ 1,000.00 VKW 1 to $ 12,000.00 $ 12,000.00 Contractor install 362 S 750.00 S 2,250.00 City Setup 1 Is S 1,700.00 $ 1,700.00 opticorn I Is $ 3,000.00 S 3,000.00 Contractor install 2 ea $ 500.00 $ 1,000.00 City Installation 100 hr $ 27.00 5 2,700.00 Electrical Service 1 Is $ 5,000.00 $ 5,000.00 SUBTOTAL $ 83.986,00 Mobilization, Traffic Contrsl, SV4PPP, etc t20% Const !terns) $ 16,797.00 Total $100,782.00 Engineering Cost $ 6,788.00 Total Cost Construction & Engineering $107,570.00