HomeMy WebLinkAboutRes 86-57 Road Maintenance Agreement with IBM and Maguire/Thomas PartnersP11011
WHEREAS, International Business Machines Corporation
("IBM") and Maguire/Thomas Partners ("MTP") have requested
permission from the Town of Westlake ("Westlake") to relocate
County Roads 3088 and 3080, otherwise known as Peytonville/Sam
School Road and Precinct Line/Roberts Woods Road, and to
construct other roads within Westlake on land owned by IBM;
and
WHEREAS, Westlake has agreed to such road relocations
and the construction of other roads on property owned by IBM
provided such roadways are constructed pursuant to the town
standards and specifications and in locations approved by
subdivision plats approved by Westlake; and
WHEREAS, IBM, MTP and Westlake desire to reduce their
agreements to writing:
THEREFORE, IBM, MTP and Westlake do hereby agree as
follows:
1. Westlake agrees to permit the relocation and
construction of roads by IBM as set forth above
provided that such roadways are constructed in
accordance with standards promulgated by Westlake
and in accordance with site plans and subdivision
plats approved by Westlake and to accept for
dedications such roadways upon their completion.
2. IBM agrees to maintain such roadways as it relocates
and/or constructs on property it then owns until
Westlake assesses ad valorem taxes and utilizes such
taxes, directly or indirectly, for the construction
or maintenance of roads within Westlake, at which
time all further maintenance obligations of IBM for
roadways within Westlake shall cease and terminate
without further action by any party and Westlake shall
be fully responsible for the future maintenance of
such roads.
3. For the term of ten (10) years or until ad valorem
taxes are assessed by the Town of Westlake, whichever
occurs sooner, IBM agrees to contribute Ten Thousand
Dollars ($10,000.00) annually to Westlake, which sum
shall be used exclusively for the purchase of a
general liability insurance policy providing such
coverage as deemed appropriate by Westlake in
Westlake's sole discretion.
4. IBM's obligation to maintain such roadways shall only
extend to roadways for which IBM owns both sides of
the road and, if IBM owns only one side of the road,
IBM's maintenance obligation shall extend only to
the centerline of such road®
5. The term "IBM" shall include any partnership or joint
venture of which IBM is a partner or joint venturer.
AGREED TO AND ACCEPTED this 1 A day of February, 1986,
INTERNATIONAL BUSINESS MACHINES
CORPORATION
By -A
Its.
.4a Division
PASSED AND APPROVED THIS DAY OF
7 1986.,
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GE Y WH E, TOWN SECRETARY al
T N OF WESTLAKE, TEXAS