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HomeMy WebLinkAboutResolution - 232 - Agreement - TTU - 2 Additional Dressing Rooms, Municipal Coliseum - 08/09/19791) RESO #232 - 8/9/79 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 an Agreement between the City of Lubbock and Texas Tech University for the construction of two additional dressing rooms in the Municipal Coliseum, attached,herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of August DIRK WEST, MAYOR ATTEST: elyn Gaf gal., City S cr a -Treasurer -APPROVED A .TO' CONTENT: Lawren a Banks, Community Facilities Asst. APPROVED AS TO FORM: eo Leon G. Bean, Assistant City Attorney 1979. 41 TIED TO RESO #232 - 8/9/79 k, STATE OF TEXAS COUNTY OF LUBBOCK § ., AGREEMENT This agreement is made and entered into by the City of Lubbock, a home rule municipal corporation, hereinafter referred to as "City," acting by and through its duly authorized Mayor, and by Texas Tech University, an educational institution of the State of Texas, hereinafter referred to as "Tech," acting by and through its duly authorized President; WITNESSETH: WHEREAS, the coliseum in the Lubbock Municipal Auditorium -Coliseum is used by Tech as its indoor sports arena by agreement with the City; and WHEREAS, Tech's recent expansion of its athletic programs has resulted in the need for two additional dressing rooms,for the coliseum to remain adequate for Tech's use as an indoor sports arena; and WHEREAS, the addition of these two dressing rooms would incidentally benefit the City in its operation of the coliseum, NOW THEREFORE, the City and Tech do hereby agree as follows: I. General Provisions. The City authorizes Tech to construct or have con- structed two additional dressing rooms in the coliseum of the Lubbock Municipal Auditorium -Coliseum, in accordance with the plans and specifications mutually agreed upon by the parties, subject to the remaining conditions and covenants of this agreement. II. Plans & Specifications. Tech will submit all plans and specifications for the proposed construction to the City for its approval, and no work shall be commenced until that approval has been forthcoming. Any amendments to the plans and specifications shall be similarly conditioned. The plans and specifi- cations and any amendments thereto shall be incorporated into this agreement by reference and shall be conditions and covenants of this agreement. III. Consideration. The City will pay to Tech 18% of the total construction cost, or $15,000.00, whichever is less, and Tech will pay the balance of the construction cost. Tech expressly covenants that in the event of cost over- runs, it will not be barred by law from completing the project, and that it will complete the project as proposed or amended. -. IV. Payments. Tech shall have sole privity of contract with all laborers, contractors and other workmen, and shall make all payments due them. The City shall contribute its share upon demand by Tech. Tech shall have the options of segregating the City's contribution from its funds, allocating such amounts to any divisible portion of the job, and using separate contracts. V. Title. Legal title to all improvements shall remain with the City, sub- ject to any rights of reverter which Tech may hold by separate agreement. Tech shall hold equitable title in the two dressing rooms, proportional to their contributions to the construction cost, and Tech shall never be charged an in- crease in rental solely attributable to the dressing room improvements, other -2- than for operating expenses. VI. Permits. Tech covenants that all work will be done in a good and work- manlike manner and in accordance with all City codes. Tech further covenants that it will require all laborers, contractors and other workmen to obtain appropriate construction permits from the City. VII. Completion. Tech covenants that it will have the job materially com- pleted and substantially ready for occupancy by January 1, 1980. VIII. Injuries. Tech covenants that it will hold the City -harmless for any damages, injuries or other liabilities arising at the construction site, whether to Tech employees, workmen or to others present at the joh site. IX. ' Liens. Tech covenants that no liens shall be filed against City property, and should any attach, Tech will have them released at its expense within five days time. X. Inspection. The City shall retain the right to inspect the job site and the work thereon at its convenience for the purpose of determining compliance with the other terms of.this agreement. -3- XI. Place of Performance. The place of performance of this agreement shall be I:ubbock County, Texas. Approved and executed this day of August , 1979. Attest: YApproved and executed this Attest: . - )X �� ity Sec etar Apr°�ed as to Content: D' ector of Community Facilities Approved as to Form: Assistant City Attorney Texas Tech University 9th President day of August , 1979. City of Lubbock 0 0, t >104 INEQW— Mayor