03-24-2001 Workshop Meeting - Laserfiche WebLink

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• R0 • DRAFT January 25, 2001 LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT This Landscaping Installation and Maintenance Agreement (the "Agreement") is entered into and is effective as of this day of , 2001 by and between the PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS ("PHA"), a political subdivision of the State of Texas created by the Texas Legislature and operating pursuant to special statute, Acts of the 55th Legislative Regular Session, Chapter 117, the CITY OF LA PORTE ("La Porte"), a home -rule municipality, and the CITY OF MORGANS POINT ("Morgans Point"), a home -rule municipality (La Porte and Morgans Point are collectively referred to as the "Cities"). RECITALS PHA is the owner and operator of the Barbours Cut Terminal facility located within the corporate limits of Morgans Point and adjacent to the corporate limits of La Porte. State Highway 146 and Barbours Cut Boulevard provide the entrance to the Barbours Cut Terminal facility, and State Highway 146 and a portion of Barbours Cut Boulevard are within the corporate limits of La Porte. The Barbours Cut Terminal and a portion of Barbours Cut Boulevard are within the corporate limits of Morgans Point. The Parties desire to install landscaping and a related irrigation system on State Highway 146 and Barbours Cut Boulevard to provide for the general beautification of the Cities' streets and boulevards and the Barbours Cut Terminal. PHA is willing to install the landscaping and irrigation facilities at a cost not to exceed $1,000,000 and the Parties are willing to be jointly responsible for the maintenance of the landscaping and operation and maintenance of the irrigation facilities. AGREEMENT For and in consideration of the premises and the mutual obligations, covenants, and benefits set forth in this Agreement, PHA, Morgans Point and La Porte agree as follows: ARTICLE I PROJECT DESIGN AND INSTALLATION Section 1.1: The Proiect. The "Project" consists of the design and installation of the Landscaping (the "Landscaping") and the Irrigation Facilities (the "Irrigation Facilities") as described in the plans and specifications attached to this Agreement as Exhibit A and incorporated herein for all purposes and including the installation of two signs as depicted in Exhibit A. Section 1.2: Design of the Proiect. (a) PHA has designed the Project after consultation with the Cities and has incorporated the Cities' preferences with respect to the Project in the plans arld specifications set forth in Exhibit A. (b) Prior to PHA's final approval of the Project design, PHA will present the plans and specifications to the Cities for final review and comment. 2-8