HomeMy WebLinkAboutResolution - 2389 - Amendment To Street Repair Compromise & Settlement Agreement-Appian Corp-5_8_86 - 08_14_1986Resolution #2389
August 14, 1986
Agenda Item #23
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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 an on behalf of the
City of Lubbock an agreement entitled "Amendment to Asphaltic
Street Repair Compromise and Settlement Agreement" to be
entered into by and between said City and Appian Corporation
of Hereford, Texas, 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 14th day of August
1986.
S.C. McMINN, MAYOR
ATTEST:
APPROVED AS TO CON NT:
Larry H an, ctor of
Transp ation
APPROVED AS TO FORM:
J. rth Fullingim, Assista
City Attorney
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AMENDMENT TO ASPHALTIC STREET
REPAIR COMPROMISE AND SETTLEMENT AGREEMENT
WHEREAS, in an Agreement by and between the City of Lubbock,
a home rule municipality located in Lubbock County, Texas (herein
called "City") and Appian Corporation, a Texas Corporation with
its principal offices located in Hereford, Deaf Smith County,
Texas (herein called "Appian") entitled "Asphaltic Street Repair
Compromise and Settlement Agreement" under date of May 8, 1986
certain errors were made in the calculation of figures used in
Section V of said Agreement which did not correctly reflect the
intentions of the parties to such agreement; and
WHEREAS, in consideration of the agreements made in such
Asphaltic Street Repair Compromise and Settlement Agreement and
the need for corrections thereof, City and Appian do hereby
contract and agree as follows:
Section V of said Asphaltic Street Repair Compromise and
Settlement Agreement dated May 8, 1986 is hereby reformed and
amended to truly reflect the intention of the parties to read as
follows:
Upon satisfactory completion, inspection, and accep-
tance by the City Council of the paving work done hereunder
by Appian pursuant to Section III hereof, City shall pay to
Appian the sum of $49,031.18 as final payment due Appian
under the original paving contract, the Compromise and
Settlement Agreement of June 14, 1985, and under this
Agreement. Said final payment sum of $49,031.18 is arrived
at by adding $36,791.60 (which is the 5% retainage figure
mentioned in paragraph 5 of said Compromise and Settlement
Agreement of June 14, 1985) to the $25,649.18 unpaid to
Appian under Estimate No. 7 mentioned in said paragraph 5 of
said Compromise and Settlement Agreement of June 14, 1985
which addition amounts to $62,440.78 and subtracting the sum
of $13,409.60 to be withheld by the City under Section II
hereof."
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Except as hereby reformed and amended said Agreement shall
in all other respects remain the same, and as hereby reformed and
amended is hereby ratified and confirmed.
Executed in duplicate originals this 14th day of
August , 19 86 , each executed copy having the
dignity of an original, in the City of Lubbock, Lubbock County,
Texas and performable in said City.
CITY OF LUBBOCK APPIAN CORPORATION
B Y : C . //9 ` �L�iGy� B Y :
B. C. McMINN, MAYOR WARNER LAWSON, PRESIDENT
ATTEST: APPROVED AS TO JFFOORjM:
Ranett oyd, City Secreta Donald L. Davis
Attorney for Appian Corporation
APPROVED AS TO CONTENT:
Ji B rtram, Assistant City
Ma er for Development Services
APPROVED AS TO FORM:
Jo n C. Ross, Jr., City
Attorney
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