HomeMy WebLinkAboutResolution - 2002-R0264 - South Loop 289 Landscape Maintenance Agreement - 07/11/2002Resolution No. 2002-RO264
July 11, 2002
Item No. 19
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a South Loop 289 Landscape
Maintenance Agreement and any associated documents between the City and the
Lubbock Avalanche -Journal, a copy of which Agreement is attached hereto and which
shall be spread upon the minutes of this Council and as spread upon the minutes of this
Council shall constitute and be a part hereof as if fully copied herein in detail.
Passed by the City Council this 11th day of
ATTEST:
T�'�Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
July , 2002.
Randy Trues 1, Parks and Recreation Manager
APPROVED AS TO FORM:
Donald G. Vandiver, First Assistant City
Attorney
DDres/LoopMaintAJ.res
July 1, 2002
r Resolution No. 2002-RO264
July 11, 2002
Item No. 19
SOUTH LOOP 289 LANDSCAPE MAINTENANCE AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
WHEREAS, the City of Lubbock ("City") has entered into an Agreement with the
Texas Department of Transportation ("TXDOT") November 5, 1999, to provide
maintenance of landscaped areas along South Loop 289 between University Avenue and
Slide Road; and
WHEREAS, said landscaping will serve to protect and preserve public health and
safety by preventing the growth of noxious weeds and other vegetation that harbors trash
or other refuse and presents a visibility problem for motor vehicle traffic; and
WHEREAS, the City desires to contract with local businesses ("Sponsoring
Business") to sponsor portions of the landscape maintenance along South Loop 289
between University Avenue and Slide Road; and
WHEREAS, said Sponsoring Business desires to participate in such landscaping
maintenance program as is hereinafter set forth; NOW THEREFORE;
For and in consideration of the terms, covenants and conditions set forth in this
Agreement and to promote the health and safety of the citizens of the City of Lubbock,
the City and the Sponsoring Business hereby agree as follows.
SECTION 1. Lubbock Avalanche Journal , Sponsoring Business,
hereby agrees to be responsible for the landscaping maintenance of the following named
portion of the landscaping on South Loop 289:
Slide Road — Southeast Quadrant
SECTION 2. The City hereby agrees to perform such maintenance in accordance
with the terms and conditions imposed upon the City by paragraph 2 contained in the
November 5, 1999, letter agreement between the City and TXDOT, a copy of which is
attached hereto, as Exhibit A, and made a part hereof for all intents and purposes.
SECTION 3. The Sponsoring Business hereby agrees to grant an amount not to
exceed $ 2,807 annually to the City for use in performance of its obligations under this
Agreement. Such payments shall be made by the Sponsoring Business to the City upon
receipt by the Sponsoring Business of a statement of work performed on a quarterly
basis, commencing upon the first full calendar quarter following execution of this
Agreement. The Sponsoring Business shall make such payment within ten (10) days of
receipt of the statement of work from the City.
SECTION 4. The City hereby further agrees to perform such maintenance in
accordance with the Maintenance Standards as depicted on Exhibit B, a copy of which is
attached hereto as Exhibit B and made a part hereof for all intents and purposes. The City
may perform such work itself or subcontract for the performance of such work by others.
SECTION 5. The said Sponsoring Business shall hold the City harmless from any
and all claims of any nature whatsoever arising from activities of the Sponsoring
Business undertaken in the performance of its obligations under this Agreement. The City
shall hold the Sponsoring Business harmless from any and all claims of any nature
whatsoever arising from activities of the City undertaken in the performance of its
obligations under this Agreement.
SECTION 6. The term of this Agreement shall be for a period of five (5) years,
but the parties hereto may by mutual agreement extend said Agreement for up to two (2)
additional one-year terms. Said extensions shall be agreed upon in writing prior to the
expiration of the initial term or any one-year extension of said term.
SECTION 7. It is understood by all parties that the work is to be done to the
satisfaction of the Parks and Recreation Manager of the City or his authorized agent(s).
If required by TXDOT or otherwise required by changed conditions during the term of
the Agreement, the City may change the maintenance requirements contained in Exhibit
B, which change shall be expressed in writing and a copy provided to the Sponsoring
Business.
SECTION 8. If the City discovers conditions which differ from those
contemplated by the parties hereto which could not otherwise have been discovered prior
to execution of this Agreement by diligent inspection which conditions will substantially
impair or prevent performance of this Agreement by the City, notice of such condition
shall be given to the Sponsoring Business before commencement of work. The parties
hereto may adjust the performance requirements as needed by mutual agreement
expressed in writing.
SECTION 9. Either party may terminate this Agreement upon written notice to
the other party not less than sixty (60) days prior to the end of any agreement period or
otherwise upon not less than sixty (60) days prior written notice.
Executed this 11th day of July _'2002.
POKA Z MBRO TELECOMMUNICATION5,LETD.
d/b/a Poka Lambro Communications
By: Poka Lambro Management, LLC, its
General
?Partner
By: /�.. ,,.ter. �'►�a..,1
Title: President
APPROVED AS CONTENT:
Randy Truesdell, Parks and Recreation Manager
APPROVED AS TO FORM:
ar diver, First Assistant City
DdCon/L289Maint.con.doc
October 24, 2001
ATTEST:
Ree cca Garza, City Secretar