HomeMy WebLinkAboutSUB201300179 Agreements 2018-01-26MEMORANDUM OF AGREEMENT
For
Traffic Signal Maintenance for the Intersection of
5th St. Station Parkway and Wegmans Way
THIS MEMORANDUM OF AGREEMENT (this "Agreement') is made and
executed in duplicate this 2(v 'day of JRnIURRY , 2018, by and between the
CITY of CHARLOTTESVILLE, a political subdivision of the Commonwealth of
Virginia (the "City") and the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF
TRANSPORTATION (the "Department').
WHEREAS, 5th Street Station Ventures, LLC is the owner and developer of the
project commonly known as 5th Street Station (the "Project'), which includes the
construction of 5th Street Station Parkway, and which shall benefit both the City and the
County of Albemarle (the "County"); and
WHEREAS, §33.2-223 of the Code of Virginia, as amended, provide that the
Commissioner of the Department may "do all acts necessary or convenient for
constructing, improving, maintaining, and preserving the efficient operation of the roads
embraced in the systems of state highways ..."; and
WHEREAS, in connection with the Project, a new traffic signal (the "New Traffic
Signal") is being installed in the County just west of the County -City boundary within a
portion of the System of State Highways at the intersection of Wegmans Way and 5th
Street Station Parkway (the "Intersection"), identified as the "Intersection" on the plat
attached hereto as Exhibit A and made a part hereof (the "Plat'); and
WHEREAS, the New Traffic Signal is shown in further detail on the engineering
drawings entitled "New Signal Installation" by Ramey Kemp & Associates, Inc., dated
March 2014, a copy of which is attached hereto as Exhibit B and made a part hereof (the
"Plans"); and
WHEREAS, the City operates and maintains an existing traffic signal in the City
at the intersection of 51h Street Extended and 5111 Street Station Parkway, identified as the
"Existing Traffic Signal" on the Plat (the "Existing Traffic Signal'); and
WHEREAS, in order to better address the traffic impacts of the Project on the
City, including by coordinating the timing of the Existing Traffic Signal and the New
Traffic Signal, the City has requested to have operational and maintenance responsibility
over the New Traffic Signal; and
WHEREAS, the Department concurs with this request.
5th Street Station Parkway and Wegmans Way MOA
NOW THEREFORE, in consideration of the mutual premises contained herein,
the parties agree as follows:
1. The Recitals above are incorporated as if fully set forth in this Section 1.
2. The City shall (a) assume operational responsibility for the New Traffic
Signal; and (b) perform maintenance activities for the New Traffic Signal in accordance
with the City of Charlottesville signal maintenance protocol and the Department's Urban
Construction and Maintenance Program (Urban Manual) or successor publication(s).
3. Nothing in this Agreement shall be construed as a waiver of the City's or
the Commonwealth of Virginia's sovereign or governmental immunity.
4. The City and the Department acknowledge that this Agreement has been
prepared jointly by the parties and shall be construed simply and in accordance with its
fair meaning and not strictly for or against any party.
5. This Agreement, when properly executed, shall be binding upon both
parties, their successors, and assigns.
6. This Agreement may be modified only in writing by mutual agreement of
both parties.
7. This Agreement may be terminated by either party upon 30 days advance
written notice to the other.
8. This Agreement may be executed in one or more counterparts, each of
which shall be an original, and all of which together shall constitute one and the same
instrument. PDF or other electronic signature pages shall be treated for all intents and
purposes as originals.
[SIGNATURE PAGE FOLLOWS]
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5th Street Station Parkway and Wegmans Way MOA
IN WITNESS WHEREOF, each party hereto has caused this Agreement to be
executed as of the day, month, and year first herein written.
CITY OF CHARLOTTESVILLE,
a political subdivision of the Commonwealth of Virginia:
Maurice Jones,
City Manager*
Date
* The official signing for the CITY is authorized by Sec. 2-7 of the Code of the City of
Charlottesville (1990) to execute this agreement on behalf of the CITY.
COMMONWEALTH
ALTH OF VIRGINIA, CITY/CAUNTY OF IJ& o6wit:
/
(Name) I71��,�,'Lo.Q% 20-)e�5 acknowledged the
foregoing instrument before me this Lljf1 day of :Y/L,,,, a
L. B 'o
. .. NOTARY <
PUBLIC
E REG. #187882
o i MY COMMISSION c
EXPIRES
. 2 '-. 04/30/2020 ; QC
11Z-�ALTH OF...•�O
TRANSPORTATION:
Notdry registration number
commission expires:
OF VIRGINIA, DEPARTMENT OF
Commonwe,dff Transportation Commissioner Date
Commonwealth of Virginia
Department of Transportation
COMMONWEALTH OF VIRGINI CITY/ OUNTY OFRA,C� wit:
(Name) S� p� 0 kS Y I C� , acknowledged the
foregoing instrument before me this,)_J+b day of ) Y10.1 r h ,
Lyn&, - Llt( 470-30 5 L S
NOTARY PU IC Notary registration number
My commission expires: l ao 1
Attach:
Exhibit A: Plat Brenda P Crouch
Commonwealth of Virginia
Exhibit B: Plans Notary Public
Cam melon No. 7030565
F4 Camni ulon Er Ons 120112021
5th Street Station Parkway and Wegmans Way MOA
Exhibit A
Plat
[attached]
The County / VDOT will need to provide the plat for city review!;
5th Street Station Parkway and Wegmans Way MOA
8
LIS
41
tow;
Exhibit B
Plans
[attached]
The county / VDOT will need to provide a revised plan for city review;,
5th Street Station Parkway and Wegmans Way MOA
us,