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Res 007-84 1/17/1984RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DEVELOPER T. C. WHITE & CO. , OWNERS OF THE HAMILTON PLAZA, FOR PUBLIC SIDEWALK IMPROVEMENTS WHEREAS, the T. C. White & Co. is in the process of beautifying the corner of Travis and Eighth Streets to be known as Hamilton Plaza; and, WHEREAS, the City desires to cooperate with the Developer in making certain sidewalk improvements abutting said plaza. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute an Agreement, a copy of which is attached hereto, with T. C. White & Co. , for certain improvements to public sidewalks as legally described in the Agreement and for the amount, to be con- tributed by the City, not to exceed twenty thousand dollars ($20,000.00) . PASSED AND APPROVED THIS THE /7 ''day of 1984. 4j17:# 4i.#/4". 1441 ‘ 1#<-'7 M A Y O R ATTEST: CITY CLERK CITY OF WICHITA FALLS, TEXAS PUBLIC AREA IMPROVEMENT PART I AGREEMENT THIS AGREEMENT, MADE AND ENTERED INTO THIS day of 1984, by and between the City of Wichita Falls, a municipal corporation located in the County of Wichita and State of Texas (hereinafter referred to as "City") , and T. C. White & Co. , owner of Lots 7 and 11-A, Blk 166, Original Townsite, Wichita Falls, Texas (hereinafter referred to as "Developer") . WITNESSETH The City and Developer mutually agree as follows: 1. Scope of Services A. City agrees to perform the activities to include financial partic- ipation in payment of public improvements in the sidewalk along Travis and Eighth Streets, abutting Lots 7 and 11-A, Blk 166, Original Townsite. These public improvements shall be limited to the purchase and installation of the landscaping materials and irrigation system only. B. Developer agrees to cause the public sidewalk along Travis and Eighth Streets abutting Lots 7 and 11-A, Blk 166, Original Townsite, and the plaza on said Lot 11-A, in connection with the development of the Hamilton Plaza to be performed in accordance with the attached site plans and specifications prepared therefor by Thomas, Chambers, and Bradshaw, shown as Attachment 'A' . 2. Time of Performance. The Developer's performance of this Agreement shall commence as soon as practicable after the execution of this contract and shall be undertaken in the light of the purposes of this contract; but, in any event, this contract shall terminate on July 31, 1984. No payments shall be made by the City to the Developer for work required herein but uncompleted by the afore- mentioned date. 3. Compensation. The City agrees to pay the Developer a maximum amount of Twenty Thousand Dollars ($20,000) which shall constitute full and complete compensation for the City's obligation under this contract. 4. Method of Payment. Payment shall be made in one payment on a reim- bursable basis only after documented evidence has been presented to the City that the improvements shown on Attachment A have been completed. 2- 5. Maintenance A. The developer shall be responsible for general maintenance and replacement of landscaping materials in the public right-of-way, as needed until July 31, 1986, at which time the City shall assume the maintenance responsibilities save and except the cost of water required for such maintenance. B. The City shall not be liable for the cost of replacing any landscape or other decorative features, placed on, under, or over the public right-of-way or a utility easement, which are damaged in the process of maintaining any public utility lines. 6. Assignability. The Developer shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or or novation) without the prior written consent of the City thereto: PROVIDED, HOWEVER, that claims for money due or to become due to the Developer from the City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 7. Establishment and Maintenance of Records. The Developer shall establish and maintain records in accordance with requirements prescribed by the City, with respect to all matters covered by this Agreement.reemg ent. Exce t as otherwisee authorized by the City, the Developer shall retain such records for a period of three years after receipt of the final payment under this Agreement or termination of this Agreement. 8. Contractor's Contribution. In the event that the total sum paid to the Developer under the terms of this Agreement is not sufficient for the Developer to continue performance of his obligations hereunder until termination date hereof, Developer shall provide sufficient funds, whether from its own or other non-City sources, for continued performance to fulfill the terms of this contract. 9. Termination for Convenience of City. The City may terminate the Agreement at any time by giving at least thirty (30) days notice in writing to the Developer. If the Agreement is terminated by the City as provided herein, the Developer will be paid an amount which bears the same ratio to the total compensa- tion as the services actually performed bears to the total services of the Developer covered by this Agreement, less payments of compensation previously made. 10. Interest of Members of City. No member of the governing body of the City, and no other office, employee, or agent of the City shall have any personal financial interest, direct or indirect, in this Agreement; and the Developer shall take appropriate steps to assure compliance. 3- 11. Compliance with Local Laws. The Developer shall comply with applicable laws, ordinances, and codes of the State and local governments, and the Developer shall save the City harmless with respect to damages arising from any tort done in performing any of the work embraced by this Contract. IN WITNESS WHEREOF, the City and the owner, T. C. White & Co. , have hereunto set our hands on the day of 1984. CITY OF WICHITA FALLS BY: James Berzina, City Manager DEVELOPER OF "HAMILTON PLAZA" BY: Owner ATTEST: BY: ATTEST: Wilma J. Thomas, City Clerk APPROVED AS TO LEGALITY AND FORM: H. P. Hodge, Jr. , City Attorney ATTACHMENT A Final Plans and Specifications to be attached after staff review.)