RES 2020-0454 - Streetscape and Surface Maintenance Agmt with Creighton
STREETSCAPE AND SURFACE
MAINTENANCE AGREEMENT
24th Street from Cass to Cuming
THIS AGREEMENT is made and entered into thi s 6th day of April, 2020, by Creighton University, a
Nebraska not for profit corporation (hereinafter referred to as "the University”) and the CITY OF
OMAHA, a Municipal Corporation in the State of Nebraska (hereinafter referred to as "City").
W I T N E S S E T H
WHEREAS, the University is proposing a public improvement project to provide for a
reconfiguration of 24th Street from Cass Street to Burt Street with additional striping changes from Burt
to Cuming Street (the “24th Street Project”). The 24th Street Project includes a roundabout at the 24th
Street and Cass Street intersection; and,
WHEREAS, the University will be responsible for performing or facilitating ongoing maintenance
of improvements as provided herein; and,
WHEREAS, the parties wish to agree upon the manner and the extent to which the University
shall maint a in or cause to be maintained the improvements reflected in the 24th Street Project plans, Exhibit
A.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The University will maintain or cause to be maintained, at its own expense, the medians,
landscaping in the median and roundabout, sidewalks, monuments, pavers in the crosswalk, and other
amenities as shown in Exhibit A. Such maintenance shall include, but not be limited to, irrigation, trimming
and weeding, sweeping, repairs to crosswalk pavers, removal or replacement of sidewalks, removal or
replacement of landscape features, and other amenities. This maintenance shall further include repair or
replacement of any nonstand ard fixtures such as light poles, directional signs and other non-standard items
normally maintained by the City.
2. The parties agree that either a) the University, as the authorized agent for the City, shall install
street light poles, mast arms, foundations, fixtures, and any related appurtenances, in conformance with all
current City standards, or b) the University and the City shall enter into a separate street lighting agreement
with Omaha Public Power District to allow for the installation of street lighting poles and/or fixtures which
deviate from City standards.
3. The City represents and warrants that the University shall have the right to install, maintain,
remove, repair, replace or otherwise modify the installations shown on the 24th Street Project plan subject
to administrative approval by the City, which approval shall not be unrea sonably withheld or delayed.
Note: Creighton University will maintain all non-standard street lights in the Right of Way per a separate agreement with the City of Omaha and OPPD.