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CM-13-05-046ROUND ROCK TEXAS MVO. rwwma PROSPENTY City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a Development Agreement with McMurry Properties, LLP regarding the relocation of existing driveway with the intersection of South Mays Street and Mays Crossing Drive. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 5/3/2013 Dept Director: Gary Hudder, Transportation Director Cost: $20,000.00 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: LAF and Development Agreement w- McMurry Properties, LLP (00273368), Mays at Mays Crossing Existing Conditions, Mays at Mays Crossing Proposed Conditions Text of Legislative File CM -13-05-046 The intersection of South Mays and Mays Crossing has a large amount of traffic and has exhibited significant delays for motorists seeking to turn onto or off of Mays Crossing. An engineering study was conducted at this intersection, and it was revealed that warrants were met to install a traffic signal at this location. During the engineering analysis, it was observed that a driveway on Mays Street located approximately 60 feet north of the intersection would conflict with a traffic signal at the above described location. This driveway, which serves the property addressed as 1001 S. Mays Street, is owned by Mr. Turk McMurry and is operated as an office building. Further analysis revealed that if the driveway were relocated so that it aligned with Mays Crossing, the signal could be installed resulting in much safer and efficient operations at this intersection. In order to accomplish the driveway relocation, the circulation pattern in Mr. McMurry's parking lot would need to be altered - presently, cars enter the site and are directed to the left around the north end of the building (see attached existing conditions aerial). If the driveway were moved, the circulation pattern would need to be changed so that vehicles entering the parking area would turn right and be directed around the south end of the building (see attached proposed conditions schematic, also Attachment "B" to the agreement). This configuration would prevent congestion which could back up into the newly signalized intersection. City staff contacted Mr. McMurry and discussed these proposed changes with him. Mr. McMurry agreed that the intersection of South Mays and Mays Crossing has become congested and unsafe. Further, he agreed that the current location of his driveway would not function well with a traffic signal at Mays Crossing, and that the best course of action was to realign his driveway with Mays Crossing. Subsequently, the attached development agreement was prepared which will permit the City to relocate Mr. McMurry's driveway and to restripe his parking lot so that it works with the new driveway location. This work will be performed at the expense of the City. A contract with a consulting engineer to design these improvements and to design the traffic signal will be presented for consideration at a later time. Additionally, this work will be bid according to established City procedures and presented to the City Council for consideration. Staff recommends approval of this item. City of Round Rock Page 1 Printed on 5/2/2013 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Transportation Project Mgr/Resource: John Dean Council Action: I 1 ORDINANCE Project Name: Development Agreement ContractorNendor: McMurry Properties, LLP n RESOLUTION Agenda Wording n City Manager Approval CMA Wording Consider executing a Development Agreement with McMurry Properties, LLP regarding the relocation of existing driveway with the intersection of South Mays Street and Mays Crossing Drive. Attorney Approval Attorney Notes/Comments Date O:\wdox\SCCInts10127113001MISC100273368.XLS Updated 6/3/08 STATE OF TEXAS § DEVELOPMENT AGREEMENT § WITH CITY OF ROUND ROCK § MCMURRY PROPERTIES, LLP This DEVELOPMENT AGREEMENT ("Agreement") is made by and between MCMURRY PROPERTIES, LLP, (hereinafter called the "Owner"), and the CITY OF ROUND ROCK, TEXAS, (hereinafter called "City"), both acting by and through their duly authorized officials. WHEREAS, Owner is owner of a certain 0.575 acre tract of land located within the City of Round Rock at 1001 South Mays Street, and more particularly described on the attached Exhibit A (the "Property"), and WHEREAS, the Property abuts South Mays Street, with access to South Mays Street from the existing driveway (Existing Driveway) as shown on Exhibit "B", attached hereto, and WHEREAS, the City desires to re -locate the Existing Driveway to a new location which will align with the intersection of South Mays Street and Mays Crossing Drive, and WHEREAS, Owner desires to co-operate with the City in the re -location the Existing Driveway, and NOW THEREFORE, for and in consideration of the promises and the mutual agreements set forth herein, the City and Owner hereby agree as follows: A. PURPOSE The purpose of this Agreement is to allow the City to re -locate the Existing Driveway to the new .location shown on Exhibit "B" and to provide for re -striping, re -design and re- construction of the existing parking lot on the Property. B. GENERAL TERMS AND CONDITIONS 1. The Owner and the City agree to allow the City, at its sole cost and expense, to re- locate the Existing Driveway on the Property to a new location as shown on 00267639.DOC 351087-4 02/03/2009 ��-13- 05- o�+� Exhibit "B". 2. The Owner shall allow the City to enter the Property to re -stripe, re -design and re- construct the parking spaces on the Property based on the design shown on Exhibit "B". The City shall make its best effort to not completely block ingress or egress to the Property during normal business hours. The water and all utilities shall not be off for longer than one day. If water and all utilities are off for more than one day, that day shall be a Saturday or Sunday. The City shall relocate the water meter and any water lines that need to be relocated, including any irrigation water lines or valves, before any other work is done. The City shall pay all cost associated with the relocation of any City water lines, meters or irrigation lines and valves. All of the cost of repairs required to the parking lot surface and landscape due to the relocation work shall be paid by the City. C. TEMPORARY CONSTRUCTION EASEMENT Owner grants the City a temporary construction easement across the entire Property to complete the work described in Section B, above. The City shall indemnify, to the extent allowed by law, Owner against any loss and damage which shall be caused by the exercise of the temporary construction easement or by any wrongful or negligent act or omission of Owner's agents or employees in the course of their employment. The City shall make its best effort to not completely block ingress and egress to the Property during normal business hours. D. MISCELLANEOUS PROVISIONS 1. Actions Performable. The City and the Owner agree that all actions to be performed under this Agreement are performable in Williamson City, Texas. 2. Governing Law. The City and Owner agree that this Agreement has been made under the laws of the State of Texas in effect on this date, and that any interpretation of this Agreement at a future date shall be made under the laws of the State of Texas. 3. Severability. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 2. 351087-4 02/03/2009 4. Complete Agreement. This Agreement represents a complete agreement of the parties and supersedes all prior written and oral matters related to this agreement. Any amendment to this Agreement must be in writing and signed by all parties. 5. Exhibits. All exhibits attached to this Agreement are incorporated by reference and expressly made part of this Agreement as if copied verbatim. 6. Notice. All notices, requests or other communications required or permitted by this Agreement shall be in writing and shall be sent by (i) telecopy, with the original delivered by hand or overnight carrier, (ii) by overnight courier or hand delivery, or (iii) certified snail, postage prepaid, return receipt requested, and addressed to the parties at the following addresses: City: Steve Norwood City Manager 221 East Main Street Round Rock, Texas 78664 with copies to: City Atty Steve Sheets 309 East Lines Round Rock, Texas 78664 Phone: (512) 255-8877 Owner: McMurry Properties, LLP PO Box 340995 Austin, Texas 78734-0017 Phone: (512) 7. Force Majeure. Owner and the City agree that the obligations of each party shall 3. 351087-4 02/03/2009 Attest: be subject to force majeure events such as natural calamity, fire or strike or inclement weather. 8. Assignment. This Agreement may be assigned by the Owner only with the prior written approval of the City, which shall not be unreasonably withheld. 9. Signature Warranty Clause. The signatories to this Agreement represent and warrant that they have the authority to execute this Agreement on behalf of the City and Developer, respectively. SIGNED as of this ?J day of k , 2013. c6v114A valLt Sara White, City Clerk 35 W87-4 02/03/2009 4. CITY OF ROUND ROCK, TEXAS Steve Norwood, City Manager MCMURRY PROPERTIES, LLP BY:(J/ irl'(47 -----7 ITS: ( .v . ie4- AT' 6.---1)-- EXHIBIT "A" Property Description South Mays Commercial Park Subdivision, Section 2, Lot 11 and 12, Round Rock, Texas. 5. 351087-4 02/03/2009 EXHIBIT "B" Site Description 6. 35I087-4 02/03/2009 O C0 -I0MO OZmr WOZM T11- �-• rr° i Oczo -IMON ZNOWO -, N ,r Z I� m m z z x O- m.0-- (i) m co N .> s-Immm m o-4 °ZOOM p wo — MO Z 0 <m0 OOWvm0N ►N -r �rA-2 Omx *r11 1900 Z 000 N3►+ 0 Xt 0 nmco v0ONI 20-4 ..4 ►. 0 NO- Nmz Y. Owm -Amo OM* MOD N m <r DM-1 rvs DMM -0-1A ...Ds-. O-IZ zm c) 1S SAYYI S 7// ////// \\\\\\\\\\\\V S MAYS ST AND MAYS CROSSING DR INTERSECTION MODIFICATION EXHIBIT DROQ.'E]A CITY OF ROUND ROCK