HomeMy WebLinkAboutRes 91-09 Approving and Authorizing the Execution of the Contractural Agreement for the Right-of-Way ProcurementRESOLUTION NO. 9-91
Whereas, it is necessary for the widening of State Highway 114
for certain tracts or parcels of land to be acquired; and
WHEREAS, some of the tracts are in Westlake and some are in
Trophy Club; and
WHEREAS, the Town of Trophy Club is desirous of the Town of
Westlake acquiring those tracts and the right-of-way situated in
Trophy Club pursuant to an interlocal cooperation agreement; and
WHEREAS, Maguire/Thomas Partners - Westlake/Southlake
partnership and MTP -IBM Phase II and III Joint Venture has agreed
with the State Department of Highways and Public Transportation for
Maguire/Thomas Partners - Westlake/Southlake Partnership and MTP -
IBM Phase II and III Joint Venture to contribute to the purchase of
Parcels 9 -Part 2, 9E -Part 2, 10 and 10E in the amount not to exceed
$250,000.00; and
WHEREAS, the State Department of Highways and Public
Transportation has agreed to reimburse the Town for those costs in
excess of $250,000.00; and
WHEREAS, it is necessary to approve an agreement between
Westlake, and the State Department of Highways and Public
Transportation; NOW THEREFORE
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,
TEXAS:
That the Contractual Agreement for Right of Way Procurement by
and among the Town of Westlake, Texas, and the State Department of
Highways and Public Transportation for the State of Texas, attached
hereto as Exhibit T'A" , is hereby approved and the Mayor of the Town
of Westlake is hereby authorized to execute the same on behalf of
the Town.
PASSED AND APPROVED this/ h day of September, 1991.
Dale White Mayor
tMWOORMW
Gffj ry White, Town Secretary
APPROVED AS TO FORM:
Paul C. Isham, Town Attorney
\373-23.010\035.res
MORWA44:
THIS CONTRIBUTION AGREEMENT, entered into this L6bk day of
991 is by and among the Town of Westlake, Texas
(r"=�—tlai`e�"),, is by
of Trophy Club, Texas ("Trophy Club"),
Maguire/Thomas Partners - Westlake/Southlake Partnership and
MTP -IBM Phase II and III Joint Venture (the "Owners").
WITNESSETH
WHEREAS, the State of Texas, acting through the State
Department of Highways and Public Transportation, (the "State")
owns and maintains a system of highways for public use and
benefit, including a segment of State Highway 114 which lies
within Tarrant and Denton Counties; and
WHEREAS, the State desires to widen and improve S.H. 114
from S.H. 114 Business to Kirkwood (CSJ 0353-02-64; Account No.
4002-1-3)(the "Project") as illustrated on that certain Right of
Way general location map dated May 22, 1991, prepared for the
State by Lockwood, Andrews and Newnam set forth in Exhibit "A"
attached hereto; and
WHEREAS, Westlake will act as the acquisition agent for the
State with respect to acquiring -certain right-of-way or other
property interests related to the Project; and
WHEREAS, portions of the property to be acquired lie within
Westlake and Trophy Club; and
WHEREAS, the Owners desire to contribute certain funds to
assist Westlake in paying for certain portions of the Project as
set forth herein.
A G R E E M E N.T
NOW THEREFORE, in consideration of the premises and of the
mutual covenants and agreements of the parties hereto, to be by
them respectively kept and performed as hereinafter set forth,
Westlake, Trophy Club and the Owners agree as follows:
1. The Owners agree to contribute to Westlake in
accordance with the terms and under the conditions specified
herein, an amount not to exceed $250,000, to be used by Westlake
acting as acquisition agent for the State, for, and only for the
following purposes: (a) the acquisition, by negotiation and/or
eminent domain, for the State's use in the Project of the fee
title to Parcel 9, Part 2 described in Exhibit "B" hereto (parcel
designations used herein being those used in SDHPT's Right of Way
general location map attached hereto as Exhibit "A") which real
property lies within Trophy Club and Parcel 10 described in
Exhibit "C" hereto which real property lies within Westlake; (b)
06:10350872.90 - 1 -
a permanent easement for highway purposes deemed necessary by the
State over Parcel 9E, Part 2 described in Exhibit "D" hereto
which real property lies within Trophy Club; (c) a temporary
easement for highway construction purposes deemed necessary by
the State over Parcel TOTE, Part 8 described in Exhibit "E"
hereto which real property lies within Westlake; and/or (d) any
related acquisition costs, including, but not limited to, closing
costs, appraisal fees, attorney's fees, court costs, utility
relocations, and condemnation awards.
2. On or before the tenth (10th) day of each month,
Westlake shall submit to Owners (to the attention of Mr. Tom
Allen, Nine Village Circle, Suite 500, Roanoke, Texas 76262),
invoices or statements which represent amounts due and payable
for costs and expenses relating to matters described in
subparagraph (d) of Paragraph 1 hereof, certified to as genuine
by the City Secretary of Westlake.. Within thirty (30) days
thereafter, Owners shall pay to Westlake an amount equal to the
total of all certified invoices and statements submitted for such
month In addition, on or before the tenth (10th) day of each
month, Westlake shall submit to Owners (to the attention of Mr.
Tom Allen, Nine Village Circle, Suite 500, Roanoke, Texas
76262), a statement, certified to as accurate by the City
Secretary of Westlake, listing all amounts necessary to
accomplish any acquisitions described in subparagraphs (a) ® (c)
of Paragraph I hereof which will close within the next thirty
(30) days, together with the anticipated date of closing.
Westlake shall keep Owners apprised of any changes in the
anticipated closing dates and Owners shall, prior to the date of
each closing, pay to Westlake the amount necessary to accomplish
the particular acquisition (as set forth on Westlake's certified
statement). HOWEVER, the total amount paid to Westlake for any
or all purposes pursuant to this paragraph shall never exceed
$250,000, and provided further that all amounts paid to Westlake
hereunder shall be for purposes described in Paragraph 1 hereof.
All invoices, statements and other communications to be given to
Owners shall be deemed submitted to Owners on the date of Owners'
actual receipt of same.
3. Westlake and Trophy Club agree to look to the State to
fund all amounts in excess of $250,000 necessary to complete that
portion of the Project described in Paragraph 1 hereof.
4. The provisions of this Agreement shall cease and be
terminated unless the actual construction of the Project is
commenced within six (6) months of the date of this Agreement.
5. In the event the terms of this Agreement are in
conflict with the provisions of any other existing agreements
and/or contracts between the Owners and Westlake, this Agreement
shall take precedence over the other agreements and/or contracts.
All other provisions of said existing agreements and/or contracts
not in conflict with this Agreement shall remain in full force
and effect.
06:10350872.90 ® 2 -
6. This Agreement shall expire on July 15, 1994, and
Westlake's right to request funds from Owners as of such date
shall absolutely terminate.
MAGUIRE THOMAS PARTNERS -
WESTLAKE/SOUTHLAKE PARTNERSHIP,
a Texas general partnership
By: Maguire Thomas Partners -
Dallas, Ltd., a California
limited partnership, general
partner,
By: Maguire Thomas Partners,
Inc., a California
corporation, general
partner/---) '"I
ROW BY:
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Its®
MTP -IBM PHASE II AND III JOINT
VENTURE, a Texas general
partnership
By: Maguire Thomas Partners -
Dallas, Ltd., a California
limited partnership, general
partner
By:
Maguire Thomas Partners,
Inc., a California
corp
part
MIJU By:
r, A, Its:
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By:
Its:
06:10350872.90 - 4 -
CLUB, TEXAS