HomeMy WebLinkAboutResolution - 2011-R0404 - Amendment To Agreement - Northwest Passage Joint Venture - Slide Road - 09/27/2011Resolution No. 2011-RO404
September 27, 2011
item No. 5.1.1
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 a First Amendment to the
Agreement between the City of Lubbock and Northwest Passage Joint Venture regarding
the design and construction of a portion of Slide Road. Said Amendment 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 on September 27 , 2011.
TOM MARTIN, MAYOR
APPROVED AS TO CONTENT:
Marsha Reed, P.E.,
Chief Operating Officer
APPROVED AS TO FORM:
Linda L. Chamales,
Economic Development Attorney
City Att / Linda: Res- Amend One Dev.Agret- Northwest Passage Joint Venture
September 13. 201 I
Resolution No. 2011-80404
STATE OF TEXAS §
COUNTY OF LUBBOCK §
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
FOR DESIGN AND CONSTRUCTION OF
A PORTION OF SLIDE ROAD
This Amendment ("Amendment") is entered into by and between the City of Lubbock,
Texas, a Texas home rule municipal corporation (the "City"), and Northwest Passage Joint
Venture (the "Developer").
WITNESSETH:
WHEREAS, Developer and City entered into an agreement December 2, 2009 for
developer participation in the paving of Slide Road from Marshall Street to U. S. 84 wherein,
Developer agreed to participate in the paving of Slide Road, and to bear the cost of such
participation; and
WHEREAS, the Lubbock Metropolitan. Planning Organization (LMPO) has approved the
federal funds for construction of the project through the urban mobility funds dedicated to the
LMPO by statewide funding formulas; and
WHEREAS, the City, by Resolution
2011-80405 has entered into an Advance
Funding Agreement with the State of Texas, acting by and through the Texas Department of
Transportation (the "State") for the design and construction by the State of Slide Road from
Marshall Street to U. S. 84, at the location shown on the Map in Attachment "B" of the Advance
Funding Agreement, a copy of which is attached hereto as "Amended Exhibit 1" to this
Agreement; and
WHEREAS, the City and Developer now desire to amend this Agreement to increase the
amount Developer unconditionally agrees to pay City from 560,000 to $214,000 for the design
and engineering of the Project, and Developer agrees to pay an additional 51,286,000, (the City
participation requirement under the Advance Funding Agreement) two months prior to the date
set for the receipt of the construction bids for the Slide Road Project;
NOW, THEREFORE, the City and Developer agree to amend the agreement as follows:
1. The first sentence of Section 1.01 is replaced by the following sentence:
"Developer agrees to pay to City the sum of One Hundred Fifty Four Thousand and no
One Hundredths Dollars ($154,000.00) in addition to the Sixty Thousand Dollars
($60,000) previously paid, when the Amendment is signed by the last party whose
signing makes this Amendment fully executed, said funds to be used for the preliminary
design and engineering of Slide Road between Marshall Street and U.S. 84 (the "Slide
Road Project")."
2. Section 1.04 is replaced by the following section:
"1.04 Developer agrees to pay to the City the Fixed Local Contribution for
Construction, as defined in the Advanced Funding Agreement, in the amount of
$1,286,000, two months prior to the date set for the receipt of the construction bids for
the Slide Road Project, as approved by the Lubbock Metropolitan Planning Organization
on July 19, 2011 and per the Texas Department of Transportation letting schedule."
Slide Road Paving Project Amendment Page 2
3. Exhibit "1" is hereby replaced by the attached document labeled "Amended Exhibit 1."
The parties enter into this Amendment to the Development Agreement for Design and
Construction of a Portion of Slide Road on September 27 .2011.
APPROVED AS TO CONTENT
P('J A.A � a— tui
arsha. Reed, P.E., Chief Opera ing Officer
APPROVED AS TO FORM;
Linda L. Chamales,
Economic Development Attorney
CITY OF LUBBOCK
Z. --
TOM MARTIN, MAYOR
DEVELOPER:
NORTHWEST PASSAGE JOINT VENTURE
Delbert r. •. Agent
Lc: Cityatt/Linda/ Amendment to Developers Agreement Slide Road Paving Project,
August 9, 2011
Slick Road Paving Project Amendment Page 3