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HomeMy WebLinkAboutResolution - 1161 - Agreement - TTU - Tree Replacement, University Ave - 08/12/1982SMH:da RTi QnTTTTTnW RESOLUTION 1161 - 8/12/82 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 replacement of trees along University Avenue 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 12th day of AU_ ,1982. i BILL McAL S E , MAYOR ATTEST: Evelyn Gaf, a, City• s9c -Treasurer APPROVED AS TO CONTENT: Jim itrNam, Director of Planning APPROVM AS TO FORM: /�.- PW6,;"i Susan M. Horton, Assistant City Attorney RESOLUTION 1161 - 8/12/82 r!Tv SFCRtTARY-TREASURER AGREEMENT BETWEEN THE CITY OF LUBBOCK AND TEXAS TECH UNIVERSITY THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This Agreement entered into this �h �day of Aumin - , 1982, between the City of Lubbock, Texas, a home rule municipal corporation, hereinafter called "City" and Texas Tech University, hereinafter called "University". WITNESSETH: WHEREAS, it was necessary to remove certain trees along University. Avenue in connection with the construction project to widen University Avenue; and WHEREAS, the City and the University desire to replace said trees; and WHEREAS, the City desires to fund such project; NOW THEREFORE The City and University do mutually agree as follows: I. The City agrees to compensate the University for the replace- ment of trees along University Avenue in the sum of Twenty-three -Thousand Six Hundred Fifteen Dollars and Seventy-nine cents ($23,615.79). It is agreed that said sum is for the purchase of trees to be planted on property owned by the University. The City shall transfer the funds to the University within 10 days after the execution of this agreement. The University shall have sole discretion as to the number, size, and type of trees. The location of the trees shall be determined by the University. It is agreed that the City will plant the trees in accordance with the specifications stated 'in this agreement. The City will plant the trees to be located along University Avenue. Some will be planted in the fall of 1982 and the rest in the spring of 1983. The University shall provide 10 days written notice to the City prior to the date that the planting process can begin. Said notice shall include specifications as to number, kind and loca- tion of trees. The University agrees to accept sole responsi- bility for the condition and maintenance of said trees. II. The City agrees to plant the trees according to the following specifications: Planting Mixture: The planting mixture shall contain peat moss by volume totally incorporated with the excavated material from each hole (k peat, k excavated material). Should a large amount of caliche material be present, an agreed upon alternate will be substituted. Fertilizer: No Fertilizer will_.be applied at the time of planting. Mulch: No mulch material will be applied at the time of planting. Staking: All staking of plantings to conform with the enclosed staking detail. (Attached hezeto.and made a part hereof). 11 Y. ,,,. Excavation: Should heavy, caliche be encountered at shallow depths, Texas Tech shall be re- quired to pick an alternative planting site. Utilities: Texas Tech shall be responsibile for. locating all utilities within the planting area. Utilities damaged during the planting process that are unknown to Texas Tech and/or the City of Lubbock shall be repaired by Texas Tech at their expense. III. The City shall not be subject to any of the obligations or liabilities of the University incurred in the performance of this Agreement. Insofar as is -authorized by the constitution and laws of the State of Texas, the University expressly agrees to indem- nify and hold harmless the City for any and all liability and obligations incurred due to the negligence of the University, its employees, officers, agents, sub -contractors, or agencies or the negligent acts or omissions, breaches of contract of the Univer- sity or its employees, officers, agents, sub -contractors, or agencies. University hereby covenants and agrees to conduct its activities and operations in accordance with all applicable federal, state, and local laws, rules, regulations and ordinances. IV. It is expressly agreed that this Agreement is entered into on the condition that should the University fail to timely ful- fill its obligations, or should it violate any of the covenants, agreements, stipulations thereunder this Agreement shall be re- evaluated and declared null and void and immediately terminated. V. This Agreement contains the entire agreement of the parties; and no representations, inducements, or other covenants between the parties not included herein shall be of any force and effect. In witness whereof the City and the University have executed this Agreement as of the first day above written. CITY OF LIJ13BO r r BIL c E A EST: Eve yn Ga fga, City ge ary-Treasurer APPROVED AS TO CONTENT: Jllm-7Bettram, Director of Planning APPR VED AS TO F RM: AW, /M Susan M. Horton, Assistant City Attorney TEXAS TECH UNIVERSITY ATT 1rp Dr. Lauro F. Cavazos, PtAsident and Chief Executive Officer W `. K. i 'a i A) L I<. 15)" (1 llz .e-O 57"A-4 N ro. WITH WNI04 is A tA GAP Fa v--- i� RUHO-� GZ7 -W- NOTE.: Ti2��. �TAK.� `ro �- OIZIF-WED IN A To Klor -p4tI A&T lawt�cTIoN t2UG To I tv�.IUNG MIND DI12rIDN. gapIMI . -� TJL 0 IH6 _ Mix � TREE. P L A N -r.I'N.C-1 & STAKING E.T.A. I .