HomeMy WebLinkAboutResolution - 2007-R0180 - Agreement - TXDOT - Mcalister Park Erosion Control Devices - 05_11_2007Resolution No. 2007-RO180
May 11, 2007
Item No. 5.19
RESOLUTION
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
firected to execute for and on behalf of the City of Lubbock, an Agreement between the
.'ity of Lubbock and Texas Department of Transportation (TXDOT) for TXDOT to enter
,nto and on McAlister Park for the construction of erosion control devices, and other
-elated purposes. Said Agreement is attached hereto and incorporated in this resolution as
if fully set forth herein and shall be included in the minutes of the City Council.
by the City Council this 11th day of May , 2007.
Q�
DAVlD A. MiLLER, MAYOR
TTEST:
Garza, City
APPROVED AS TO CONTENT:
Community Services Director
VED AS TO FORM:
Assistant City Attorney
gs/ccdocs/TXDnT McAlister Yark.res
4.30.2007
Resolution No. 2007-RO180
RIGHT TO ENTER PREMISES
In consideration of the mutual promises and covenants set forth herein, this Agreement is entered into
this, the 11th day of May , 2007 by and between the Texas Department of Transportation
("TxDOT") and the City of Lubbock, Texas ("City") for the purposes stated herein.
City hereby grants TxDOT, its contractors, and assigns, permission to enter upon certain land owned
by City more particularly described as BLOCK AK SECTION 36 AB 897 TR 5A North of Spur 327 (the
"Premises") for the limited purpose of:
To construct erosion control devices near the drainage outfall in McAlister Park (Playa Lake
37), along Spur 327; and
2. To construct and then remove silt fence in McAlister Park for the purposes of erosion control
and prairie dog remediation (collectively, the "Project").
The permission granted hereby shall expire at 11:59p.m. on May 31, 2009, and shall thereafter be of
no force or effect. Time is of the essence.
TxDOT shall require that any successor, assign, or contractor entering the Premises by authority
granted in this Agreement show proof of insurance coverage, for the duration of the permission granted hereby,
in the following forms and amounts: 1) General Liability insurance in the amount of $600,000.00 with
endorsements as follows: a) heavy equipment; b) premise and completed operations; and c) contractual
liability; 2) Commercial Automobile insurance covering: a) bodily injury in the amounts of $250,000.00 per
person and $500,000.00 for each accident; and b) property damage in the amount of $100,000 for each
occurrence; and 3) Worker's Compensation coverage as may be required by the laws of the State of Texas for
any and all persons entering the Premises, said coverage to be held in compliance with all provisions of Title 5
of the Texas Labor Code to ensure that said coverage is maintained City shall be named as an additional
insured on a primary and non-contributory basis on all policies. All policyholders shall also execute a valid
Waiver of Subrogation on all coverages in favor of the City of Lubbock. Any termination of Workers'
Compensation or other insurance coverage by the successor, assign, or contractor, or any cancellation or non -
renewal of workers' compensation or other insurance coverage for said successor, assign, or contractor shall be
a material breach of this Agreement. All insurance described herein shall be written and issued by insurers
licensed to do business in the State of Texas.
The parties agree that there shall be no implied right for TxDOT, its successors, contractors, or assigns
to enter any real property adjoining the Premises.
This Agreement may be modified or amended only by written instrument executed by the authorized
representatives of both parties.
[THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY]
Signed this IIth day of May , 2007.
CITY OF LUBBOCK, TEXAS TEXAS DEPARTMENT OF TRANSPORTATION
DAVID A. MI LER, Mayor S% EyE� �✓AR�EN%i • o Tim
Attest:
Attest:
Rebe ca Garza, City Secretary
Approved as to Content:
Ran4 fruesdell',/ Parks and Recreation
Approved as to Form:
/
.,
E. BETH WBRICK
wry Pubk, Shft ofTWA
0'y GwMMM FVinCM1.2000