HomeMy WebLinkAboutContract 16755 h"R Z'_
THE STATE OF TEXAS §
§ CITY SIECRETAft
COUNTY OF TARRANT § MI TRACT
WHEREAS, the City of Fort Worth, a home-rule municipal corporation,
located in Tarrant County, Texas desires to install *erosion control
measures and accompanying landscaping along the east bank of
the TCU-Colonial Parkway Channel Unit 3, File No. S-1967, such parkway
channel being located in Fort Worth, Tarrant County, Texas; and
WHEREAS, Texas Christian University a non-profit educational institute
desires to maintain such erosion control and accompanying landscaping
located on the above described channel , same being adjacent to property
owned by Texas Christian University.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That this agreement is made by and between the City of Fort Worth,
hereinafter referred to as City, acting by and through its duly authorized
City Manager, Douglas Harman, and Texas Christian University, acting herein
by and through Edd E. ivin its duly authorized Vice Chancellor of the
Administration Services, hereinafter referred to as TCU.
I.
That for and in consideration of the payment by City to TCU of the sum
of one and no/100 dollars ( $1 . 00 ) and other good and valuable
consideration, the receipt of which is hereby acknowledged, TCU agrees to
maintain the erosion control "ieasures and accom pan yinq landscaping as
described on Exhibit "A" which is altt'-ched hereto and incorporated herein
for all purposes incident to this Agreement,
IT.
In compliance with the competitive statutes of the State of Texas, the
2-ity will contract for eroS40n control and iandscap4na alona '-he east bank
C L I
of TrU_r'olonial Parkway Channel , it 11, File No. S-1967
III.
From the date of acceptance of the improvements by the City, TCU shall
be responsible for the maintenance of the *improvements for a period of
fifteen years . At the end of fifteen years this agreement will be subject
to renegotiation by the parties. It is understood that the contractor who
constructs the improvements shall warrant the construction of the
improvements for a period of one year from the date of acceptance of the
improvements by the City. Thereafter, TCU shall be soley responsible for
repair of all improvements as well as maintenance thereof.
IV.
For the period of one year after the date of acceptance of the
improvements, TCd shall notify City of any warranty items to be corrected.
City agrees to notify contractor of same; however, City shall not be
responsible nor liable for the correction of the warranty items
V.
The 'ICU agrees to comply with all applicable provisions of the
constitution and Laws of the State of Teas, a well as the charter ,
ordinances and regulations of the City of Fort Worth.
IN WITNESS WHEREOF, the said parties have hereto set the Lands and
seal of office to duplicate originals on this day of � firAf
1988.
ATTEST: CITY OF FORT WORTH
By: y#
{ r
Ci t Secretary 'eta,as far€ian
City Manager
APPROVED AS TO FCC AND LEGALITY- APPROVED RECOMMENDED:
By:<2v By
Gary St nberger � ary��antere, Director,
ssistartt ty ttorn iransprtatiFii Works
*Terms "erosion c tr l" and " ro 3 ts" Department
as used in this agreement refer only to giant
material and the irrigation system and not to r rH A�"Tips UNIVERSITY
/-,poncrete channel or slope improvements.
By,
Contract � Edd E. 8Tv�ir,
t to
V€re Chancellor
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