HomeMy WebLinkAboutResolution - 2009-R0153 - Agreement - LEDA - Extension Of Lubbock Business Park Boulevard - 04/27/2009Resolution No. 2009-RO153
April 27, 2009
Item No. 5.4
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 Lubbock Economic Development Alliance regarding the Extension
of Lubbock Business Park Boulevard. 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 Council.
Passed by the City Council this 27th day of April , 2009.
TOM MARTIN, MAYOR
ATTEST:
rebel -ca Garza, City Secretary
APPROYED AS TO CONTENT:
Rob Allison, AssistafitTity Manager
Development Services
APPROVED AS TO FORM:
Linda L. Chamales,
Economic Development Attorney
City Att 1 Linda: Res-City1LEDA Lub Bus Park Blvd
5.16.09
Contract: 8986
Resolution No. 2009—RO153
AGREEMENT BETWEEN THE CITY OF LUBBOCK
AND LUBBOCK ECONOMIC DEVELOPMENT ALLIANCE
FOR EXTENSION OF LUBBOCK BUSINESS PARK BOULEVARD
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This agreement is between the City of Lubbock (hereinafter called "City") and
Lubbock Economic Development Alliance (hereinafter called "LEDA").
WHEREAS, LEDA is developing the Lubbock Business Park; and
WHEREAS, LEDA and the City of Lubbock desire to extend Lubbock Business
Park Boulevard east to Martin Luther King Boulevard with the City paying for the cost of
paving the street and LEDA paying the cost of water, sewer and utility improvements
associated with extending Lubbock Business Park Boulevard; and
WHEREAS, the City and LEDA have bid construction of the street and
construction of the water and sewer main in a single contract to be administered by the
City in order to coordinate construction; and
WHEREAS, LEDA will be responsible for oversight and inspection of the utility
(water and sewer main) construction; and
WHEREAS, the City will be responsible for the oversight and inspection of the
street construction;
NOW, THEREFORE, the City and LEDA enter into an agreement as follows:
I.
Section One. Recitals and Exhibits Part of Agreement.
1.1 The representations, covenants and recitations set forth in the
foregoing recitals are material to this agreement and are hereby
incorporated into and made a part of this agreement as though they
were fully set forth in this Article I.
Section Two. Cily Responsibilities
2.1 City agrees to pay the cost of construction of the extension of
Lubbock Business Park Boulevard to Martin Luther King Boulevard,
a four lane east/west collector street through the center of Lubbock
Industrial Park to Martin Luther King Boulevard, in order provide
access to new businesses locating in the Lubbock Business Park.
2.2 City agrees to accept the bid from the lowest qualified bidder and
administer the contract for the construction of the streets, water and
sewer in the Lubbock Business Park Project Phase IB.
2.3 City agrees to be responsible for the inspection of the street
construction for the extension of Lubbock Business Park Boulevard.
Section Three. LEDA Responsibilities.
3.1 LEDA agrees to pay the cost of construction of water and sewer mains in
the right of way for the extension of Lubbock Business Park Boulevard to
Martin Luther King Boulevard in order to provide water and sewer
services to new businesses locating in the Lubbock Business Park.
3.2 LEDA agrees to accept the bid from the lowest qualified bidder for the
water and sewer utility improvements in the Lubbock Business Park
Project Phase IB.
3.3 LEDA agrees to be responsible for the inspection of the water and sewer
utility construction for the extension of Lubbock Business Park Boulevard.
IV.
Section Four. Indemnification.
4.1 LEDA shall, to the extent permitted by law, indemnify and save
harmless the City and its officers, agents, and employees from all
suits, actions, losses, damages, claims, or liability of any character,
type or description, including, without limiting the generality of the
foregoing all expenses of litigation, court costs, and attorney's fees for
injury or death to any person, or injury to any property, received or
sustained by any person or persons or property, arising out of, or
occasioned by the acts of LEDA, its agents or employees, in the
execution or performance, or omissions of performance, of or under
this agreement.
4.2 City shall, to the extent permitted by law, indemnify and save
harmless LEDA and its officers, agents and employees from all suits,
actions, losses, damages, claims or liability of any character, type or
description, including, without limiting the generality of the foregoing
al expenses of litigation, court costs, and attorney's fees for injury or
death to any person, or injury to any property, received or sustained
by any person or persons or property arising out of, or occasioned by
the acts of City, its agents or employees, in the execution or
performance, or omissions of performance, or under this agreement.
EXECUTED in duplicate this,2�ay of 4:G� 2009.
CITY OF LUBBOCK
ALLIANCE
TOM MARTIN, MAYOR Y LAWRENCE,
President and CEO
ATTEST:
,Q --Q ", -e--c - . C2���
Rebec a Garza, City Secretary
APPROVED A S TO CONTENT:
Z,---
RobA,%* s Manager
Business Development
APPROVED AS TO FORM:
Linda L. Chamales,
Economic Development Attorney
LLC: City att/Linda/ LEDA —CITY LUB BUS PARK BLVD Agmt
April 16, 2009