10-032 - R TOWN OF PROSPER,TEXAS RESOLUTION NO. 10-032
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER,TEXAS,TO EXECUTE A CHAPTER 380
AGREEMENT FOR THE RECONSTRUCTION OF A PORTION OF
BROADWAY ST. BETWEEN THE PROSPER ECONOMIC
DEVELOPMENT CORPORATION AND THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER,TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, a Chapter 380 agreement
for the reconstruction of a portion of Broadway, between the Prosper Economic Development
Corporation and the Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage,
RESOLVED THIS THE 27"'day of April, 2010.
Ray Smith,Mayor Pro-Tem
ATTEST .
attliew D. Denton,TRMCm �
Cown Secretaryt
"OtI1100
CHAPTER 380 AGREEMENT
(Broadway Street)
STATE OF TEXAS §
COUNTY OF COLLIN §
This Chapter 380 Agreement (this " ;gteernen ") is made and entered into by and
between the Town of Prosper, Texas, a home-rule municipality ("Town") and the Prosper
Economic Development Corporation ("PEDC") (referred to as the "Parties" or individually a
"Party").
WHEREAS, Section 380.002(b) of the Texas Local Government Code authorizes Town
to contract with PEDC to grant PEDC public money to use for the development and
diversification of the economy, elimination of unemployment or underemployment and/or the
development and expansion of commerce within Town; and
WHEREAS, PEDC plans to improve Broadway Street from west of Crockett Street and
continuing east to the existing concrete to promote economic development in the area; and
WHEREAS, the Town Council of Town and the PEDC Board of Directors hereby each
find that the improvements to be made by PEDC to Broadway Street will stimulate the
development and expansion of commerce within Town, which will lead to further development
and diversification of the economy and improve unemployment and underemployment within
Town; and
WHEREAS, Town has investigated and determined that it is in the best interest of the
public and fulfills the requirements of Chapter 380 to grant funds to the PEDC for the Project (as
defined herein).
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
contained herein, the Parties hereto agree as follows:
1. Description of Pro ieellMana ement of the Proie t. (a) The Project consists
of the design and construction improvements to Broadway Street west of Crockett Street and
continuing east to the existing concrete plus twenty-one (21) on-street parking spaces on
Broadway Street, as generally depicted in Exhibit "A", attached hereto and incorporated herein
for all purposes (the ":Prt�t"). Construction of the Project will begin before June 1, 2010, in
accordance with the plans and specifications prepared by a professional engineer selected by
PEDC, and be continuously pursued until completion. The completed Project improvements
shall belong to the Town.
(b) PEDC shall be responsible for receiving proposals or bids for the Project, selecting a
contractor and executing a contract with the selected contractor. PEDC shall provide Town with
a copy of PEDC's construction contract promptly after it is executed.
(c) Following the execution of a contract for the Project by PEDC with a contractor,
C"HAI-FES R 'tit) !QREE E!*T(Broadway St.grant") Page 1 of 8
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Town shall manage the Project and supervise the contractor during construction. Town shall
provide weekly status reports on the progress of the Project to PEDC, which shall include any
management or construction problems, so that, among other things, PEDC can enforce its
contract with the contractor.
2. (GA-aut to PEDC for the PMiect. The total design and construction costs associated with
the Project are anticipated to be Seventy Four Thousand Twenty and 07/100 Dollars
($74,020.07), as reflected in Exhibit `B", attached hereto and incorporated herein for all
purposes. The PEDC will pay Sixteen Thousand Dollars ($16,000) of the Project costs and the
Town shall make a grant to PEDC for the remaining costs of the Project. Immediately upon
receipt of a copy of the executed contract for the Project between PEDC and a contractor, Town
shall make a grant of Fifty Eight Thousand Twenty and 07/100 Dollars ($58,020.07) to PEDC.
Following acceptance of the Project by Town and final payment by PEDC to the contractor,
PEDC shall promptly return any unused grant funds to the Town. If the Project costs are more
than anticipated, the Town shall provide additional grant funds to PEDC prior to the time they
are needed by PEDC to make payments owed under the construction contract.
3. !Construction !Costs Paid by PEDC. The PEDC shall be responsible for entering into a
contract with a contractor for construction of the Project and for paying the contractor in
accordance with such contract using the grant funds provided by Town and the Sixteen Thousand
Dollars ($16,000) PEDC is paying towards the Project costs.
4. Default. In the event of a breach of this Agreement by either Party, the other Party may
pursue any remedies available at law or in equity.
5. Term. This Agreement shall become effective on the latest date of execution by a Party,
and shall terminate upon the last to occur of: (a) settlement of the final grant payments by Town
to PEDC or return of any unused grant funds by PEDC to Town; and (b) acceptance of the
Project by Town.
6. Immunity. Neither Party has waived its sovereign immunity by entering into and
performing its obligations under this Agreement.
7. Non-Transferable. Neither Party hereto shall transfer or assign any of its rights
hereunder to a third party.
8. Notices. Any notice required or permitted under this Agreement shall be given when
actually delivered as certified mail addressed as follows:
To PEDC: Dan Tolleson
Executive Director
Prosper Economic Development Corporation
170 N. Preston Rd. Ste. 50
P.O. Box 1060
Prosper, Texas 75078
CHAPTER 380 A.(��kl:�l+.",EME@'+,r(proagway St. grant' Page 2 of 8
Error!No property name supplied.
To Town: Town of Prosper
Attn: Town Manager
P.O. Box 307
Prosper, Texas 75078
9. Cumulative Remedies. All rights and remedies of the Parties under this Agreement
shall be cumulative, and none shall exclude any other right or remedy provided by law, or by any
other provisions of the Agreement. All such rights and remedies may be exercised and enforced
concurrently and whenever, and as often, as occasion for their exercise arises.
10. Waiver of Breach. A waiver by either Party of a breach of the Agreement by the other
Party does not constitute a continuing waiver or a waiver of any subsequent breach of the
Agreement.
11. Parties Bound. The Agreement shall be binding upon, and inure to the benefit of, the
Parties to the Agreement and their respective heirs, executors, administrators, legal
representatives, successors, and assigns when permitted by this Agreement.
12. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create
any right in any third party not a signatory to this Agreement, and the Parties do not intend to
create any third party beneficiaries by entering into this Agreement.
13. Incorporation of Recitals. The representations, covenants and recitations set forth in the
foregoing recitals of this Agreement are true and correct and are hereby incorporated into the
body of this Agreement and adopted as findings of the Parties.
14. Entire Agreement. This Agreement contains the entire agreement of the Parties with
respect to the matters contained herein and may not be modified, amended or terminated except
upon the provisions hereof or by the mutual written agreement of the Parties hereto. The subject
matter of this Agreement is for the Project and grant only and not any other matters that may
exist between the Parties past, present or future.
15. Venue. This Agreement shall be construed in accordance with the laws of the State of
Texas and shall be performable in Collin County, Texas.
16. Consideration. This Agreement is executed by the Parties hereto without coercion or
duress and for substantial consideration, the sufficiency of which is forever confessed.
17. CCoounte�. This Agreement may be executed in a number of identical counterparts,
each of which shall be deemed an original for all purposes. A facsimile signature will also be
deemed to constitute an original if properly executed.
18. Authority to Execute. The individuals executing this Agreement on behalf of the
respective Parties below represent to each other and to others that all appropriate and necessary
action has been taken to authorize the individual who is executing this Agreement to do so for
and on behalf of the Party for which his or her signature appears, that there are no other parties or
Cl AYFER 389 CI1l SEMEN 1"(Broadway St.grant) Page 3 of 8
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entities required to execute this Agreement in order for the same to be an authorized and binding
agreement on the Party for whom the individual is signing this Agreement and that each
individual affixing his or her signature hereto is authorized to do so, and such authorization is
valid and effective on the date hereof.
19. Force M `eure. Neither Town nor PEDC shall be required to perform any term,
condition, or covenant in the Agreement so long as performance is delayed or prevented by force
majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any
governmental authority, civil riots, floods, and any other cause not reasonably within the control
of Town or PEDC and which by the exercise of due diligence Town or PEDC is unable, wholly
or in part, to prevent or overcome.
20. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally
by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole
according to its fair meaning, and any presumption or principle that the language herein is to be
construed against any party shall not apply. Headings in this Agreement are for the convenience
of the Parties and are not intended to be used in construing this document.
IN WITNESS WHEREOF, the Parties have executed this Agreement and caused this
Agreement to be effective on the latest date as reflected by the signatures below.
TOWN OF PR()SP "IwP:�A
sy„ ,r
Mike Lan(, Town Mat ager
Date Executed: _
s
M1, view Denton
own Secretary
PROSPER ECONOMIC DEVELOPMENT
CORPORATION
sy . ,
Dan Tolleson, Exec give director
Date Executed _ .:
Al les
Beth lm axsen
CHAPTER 380 GREMEN'r 13roadwa St. rant' Page 4 of 8
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EXHIBIT A
DEPICTION OF PROJECT
1 page attached
CHAPTER '8ta !L;Lt LMEN'r(Broadway St. rant Page 5 of 8
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EXHIBIT B
ANTICIPATED PROJECT COSTS
I page attached
_CHAVIT14 380 A(_;RE EMENT(Liroadway St. grant j Page 7 of 8
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Descdatlon Unit Quan Unit Pdce Total Cost
Paving
Remove and Dispose of Ex.Asphalt Pavement SY 969 $ 9.50 $ 9,205.50
6"Concrete Pavment SY 1,378 $ 29.50 $ 40,651.00
6"Curb LF 189 $ 2.50 $ 472.50
6"Subgrade SY 1,485 $ 2.50 $ 3,712.50
7%Lime (34.65 lbs/sy) TONS 25.7 $ 135.00 $ 3,473.23
Temporary Asphalt Transition/Patch SY 20 $ 36.75 $ 735.00
Connect to Ex.Concrete Pavement EA 2 $ 600.00 $ 1,200.00
18"RCP LF 105 $ 40.00 $ 4,200.00
Traffic Control LS 1 $ 2,000.00 $ 2,000.00
Total Paving $ 65,649.73
Construction Total $ 65,649.73
Bonding(2.5%) $ 1,641.24
Project Total $ 67,290.97
GRAND Total $ 67,290.97
Broadway Estimate(05-11-10) Pagel