HomeMy WebLinkAboutResolution - 4846 - Lease Agreement_Assignment - TTU - Water Wells - 05_25_1995Resolution No. 4846
May 25, 1995
Item #17
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Lease Agreement /Assignment for water
wells, attached herewith, by and between the City of Lubbock and Texas Tech University, and
any associated documents, which Agreement shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 25th day of May , 1995.
ATTEST:
betty . Johnso , City Secretary
APPROVED AS TO CONTENT:
erry Eller rook, Director of Wait'e-rUtilities
APPROVED AS TO FORM:
DWdld G. Va
City Attorney
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ccdocs/a-warrwl.res
May 15, 1995
Resolution No. 4846
May 25, 1995
Item #17
LEASE AGREEMENVASSIGNMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUBBOCK §
This Lease/Assignment Agreement, hereinafter called "Agreement," entered into
this 25th day of May , 1995, by and between the City of
Lubbock, Texas, a home rule municipal corporation, hereinafter called "City," and Texas
Tech University, an agency of the State of Texas, hereinafter called "Tech."
WITNESSETH:
WHEREAS, the City warrants and represents that it owns and operates Well 17,
more specifically described on the map attached hereto as Exhibit "A," and has the right
to enter into this Agreement and to lease such Well 17 to Tech to provide a non -potable
water source for Tech; and
WHEREAS, Tech desires to lease Well 17 from the City in order to obtain a
source of non -potable water for its use; and
WHEREAS, the City warrants and represents that it has the right to operate Well
19 and Well 20, more specifically described on the map attached hereto as Exhibit "A"
and which wells are located on property owned by the Texas Parks & Wildlife
Department. The right of the City to operate such wells is contained in a January 23,
1992, Contract for Exchange of Real Property, a copy of which is attached hereto as
Exhibit "B' ; and
WHEREAS, the Texas Parks and Wildlife Department has consented to the City
assignment of its rights to operate Well 19 and Well 20 to Tech in the Letter Agreement
attached hereto as Exhibit "C"; and
WHEREAS, Tech desires to receive the assignment of the rights to operate Well
19 and Well 20 from the City to obtain a source of non -potable water for its use; and
WHEREAS, the City desires to discontinue operation of a sewage treatment plant
located north of Clovis Road and in the vicinity of Knoxville Avenue within the City of
Lubbock; and
WHEREAS, the City has provided sewage effluent from such treatment plant to
Tech under the terns of an existing contract, a copy of which is attached hereto as
Exhibit "D' ; and
WHEREAS, the City desires to enter into an agreement with Tech to substitute
well water for such effluent water as is currently provided to Tech; and
WHEREAS, the previous agreement between the City and Tech recognized the
long term required for Tech to amortize its original costs, it is mutually understood and
agreed that Tech's need for non -potable water continues as anticipated in the original
contract and for such reason it is understood and agreed that the well water to be supplied
under this Agreement is an adequate and appropriate substitute for the effluent water
provided under the previous contract; and
WHEREAS, the City and Tech have both determined that it will be both desirable
and expedient to substitute well water for the effluent presently being provide to Tech
from the City's sewage treatment plant; and
WHEREAS, it is further deemed advisable and in the best interest of the City and
Tech that the terms and conditions for the furnishing of such well water be incorporated
into this Agreement, which agreement shall replace and supersede the prior agreement
executed on January 3, 1962, and amended January 22, 1981, and June 23, 1983 (Exhibit
D); and
NOW THEREFORE, in consideration of the mutual promises and agreements
made herein, the City and Tech agree as follows:
The City does hereby lease to Tech Well 17, located north of the Clovis Highway
and near West Loop 289 in the north half of Section 18, Block A, Lubbock County,
Texas, together with the piping and collector system that serves such well, as shown in
Exhibit A attached hereto.
Il.
The City also hereby assigns to Tech its right to operate and its right of access for
maintenance and repairs to Well 19 and Well 20, both located north of Clovis Highway
and near West Loop 289 in the north half of Section 18, Exhibit A, Lubbock County,
Texas, together with the piping and collector system that serves such wells, as shown in
Lease Agreement/Assignment — Texas Tech University
Page 2
Exhibit A attached hereto. Such assignment shall include all rights reserved to the City in
its agreement with Texas Parks & Wildlife Department attached hereto as Exhibit B.
The term of this Agreement shall be for twenty (20) years beginning upon the date
of execution of this Agreement. It shall be renewable, by mutual agreement, for an
additional ten (10) year term upon written notice by Tech to the City director of water
utilities within twelve (12) months prior to the expiration of the initial term of this
Agreement.
IV.
Tech shall pay to the City as rental for Well 17, including piping and collector
system, and for assignment of the right to operate Well 19 and Well 20, along with all
piping and collector system, the sum of one dollar ($1.00) and other good and valuable
consideration upon execution of this Agreement.
V.
Tech hereby agrees to perform the following duties:
1) Be responsible for all operation and maintenance of the three wells and
their associated piping and collector system during the term of this Agreement, including
any repairs necessary to keep such system functioning properly.
2) Maintain compliance with all regulatory agencies during the term of this
Agreement.
3) Use the wells and transmission system solely for the withdrawal of water
and transmission of water for Tech only.
4) To the extent authorized by law and the Constitution of the State of Texas,
Tech shall indemnify and hold harmless the Texas Parks & Wildlife Department and the
City from any and all claims of any nature whatsoever arising out of Tech's activities
undertaken pursuant to this Agreement.
Lease AgreementlAssignment — Texas Tech University
Page 3
The City hereby agrees to perform the following duties:
1) Provide all labor and equipment necessary to bring all wells into good
operating condition upon execution of this Agreement.
2) Sever the collector system for Wells 17, 19 and 20 from the existing City
water supply system in order to provide a collector system available for exclusive use by
Tech.
3) Sever the water transmission line owned by Tech from the existing
wastewater treatment facility.
4) Construct the physical ;tie between the well collector system owned by the
City and the water transmission line owned by Tech.
VI.
The three wells subject to this Agreement shall initially be capable of meeting a
demand of 400,000 gallons of water per day by pumping some combination of the wells
involved at the time of execution of this agreement. In the event that such wells cannot
meet such requirement at some later time, the City agrees to negotiate with Tech for
additional water as may be necessary to meet Tech's water requirements.
VII.
The City makes no guarantee of potability of the water produced from such wells
nor does it make any other guarantees either express or implied.
VIII.
This Agreement shall supersede and replace for all purposes the January 3, 1962,
Agreement between the parties and all amendments thereto relating to the City supplying
sewage effluent water to Tech. Said agreement and all amendments thereto shall become
null and void upon execution of this Agreement by the parties hereto.
Lease Agreement/Assignment — Texas Tech University
Page 4
IX.
This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their successors and assigns. No assignment or transfer of this Agreement may
be made without the prior written approval of the other party, which approval shall not be
unreasonably withheld.
VM
In the event and to the extent that either party to this Agreement shall be wholly
or partially prevented from performance of the term specified or of any obligation or duty
placed on such party by reason of or through strikes, stoppages of labor, riot, fire, flood,
acts of war, court judgment, act of God, or other cause reasonably beyond the parties'
control and not attributable to its malfeasance, neglect or nonfeasance, the time for such
performance shall be suspended until the cause of such inability to perform is removed.
M.
This Agreement shall be governed by and in accordance with the laws of the State
of Texas.
XII.
s Each party paying for the performance of governmental functions or services
under this Agreement must make those payments from current revenues available to the
paying party.
Should Tech determine to abandon or permanently cease using Wells #17, #19
and/or #20 as leased or assigned within this Agreement, Tech shall notify City of its
intention upon sixty (60) days prior written notice to City. In the event of abandonment
by Tech, all rights granted to Tech by City shall revert back to City. This Agreement
remains in full force and effect for any remaining well(s) within this Agreement not
included in Tech's Notice to City.
Lease Agreement/Assignment — Texas Tech University
Page 5
4 r-
THIS AGREEMENT executed this jtv day of 1995.
TEXAS TECH UNIVERSITY:
ROBERT W. LAIVLESS, PRESIDET`
ATTEST:
f
Z6 e�.
.---
Don E. Cosby, Vice Pre e t for
Fiscal Affairs
APPROVED AS TO FORM:
ATTEST:
&9,- k), a'L
Betty M. Johnson, dity Secretary
APPROVED AS TO CONTENT:
Terry Ellerbro , Director of Water Utilities
APPROVED AS TO FORM:
cazu'
Podkampbell, General eounsel D nald G. Vandiver,
First Assistant City Attorney
Lease Agreement/Assignment — Texas Tech University
Page 6
ACKNOWLEDGMENTS
THE STATE OF TEXAS
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, in and for said County, Texas, on this
day personally appeared David R. Langston, Mayor of the City of Lubbock, known by
me to be the person whose name is subscribed to the foregoing instrument and he
acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this25th day of
May . 1995.
ocoorn�
• �.,� gEATRIZ M. RODRIGUEZ
Notaq fabna state of Texas
``�• qT CMiWoa ExPims 04"
THE STATE OF TEXAS
COUNTY OF LUBBOCK §
�Z U i txeZ
otary Public in and for t, Stat f Texas
My commission expires: ifs O`�/03/9q
BEFORE ME, the .114er i ned authority, in and for said County, Texas, on this
day personally appeared 1 a'-I�known to me to be the person whose name is
subscribed to the foregoing instrument and he acknowledged to me that he executed the
same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /-S� day of
L4Le- 1995.
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rev. May 9, 1995
�O ItiKA �./ti7(A%7 d�c�2
Notary Public in and for the State of Texas
My commission expires:
Lease Agreement/Assignment — Texas Tech University
Page 7
January 23, 1992
Item #18
STATE OF TEXAS S
COUNTY OF LUBBOCK S
CONTRACT FOR EXCHANGE OF RBAL_PROPIMTY
This Contract for Exchange of Real Property is made by and
between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corpo-
ration of Lubbock County, Texas, hereinafter called "City," and
the TEXAS PARKS AND WILDLIFE DEPARTMENT, hereinafter called
"Department."
WITNESSETH:
WHEREAS, the Department owns most of a 549.32-acre tract of
land in Lubbock County, Texas, hereinafter referred to as
"MacKenzie Park;" and
WHEREAS, the City formerly owned a large portion of MacKen-
zie Park but conveyed the property to which the City had title to
the State of Texas around 1935 and thereafter periodically
entered into concession or lease agreements with the State for
the use of much of the property, most recently on or about
October 11, 1990, pursuant to V.T.C.A. Parks & Wildlife Code
S13.006; and
WHEREAS, the City owns a 307.315-acre tract of land in
Yellowhouse Canyon Park that includes an area of Statewide and
National archaeological significance known as Lubbock Lake Land-
mark State Historic Site, hereinafter referred to as "Lubbock
Lake Site," which the City leased to the Department on or about
December 30, 1986, pursuant to V.T.C.A. Parks & Wildlife Code
G xkcb it �
SS13.005 and 21.103 for the purpose of establishing a State
Historic Site, a unit of the State Park System; and
WHEREAS, due to the major archaeological discoveries at the
Lubbock Lake Site, a large portion of Yellowhouse: Canyon Park was
designated as a National Historic Landmark and 29.156 acres have
been designated as a State Archaeological Landmark; and
WHEREAS, Texas Tech University has been instrumental in the
exploration and development of Lubbock Lake Site; and
WHEREAS, the City reacquired title to a portion of MacKenzie
Park (approximately 7.093 acres) around 1958; and
WHEREAS, the City is desirous of reacquiring fee simple
title to the remainder of MacKenzie Park now owned by the Depart-
ment and an assignment of the lease agreement to a 45-acre tract
of land in MacKenzie Park owned by Lubbock County and leased to
the Department; and
WHEREAS, the Department is desirous of acquiring from the
City fee simple title to the property which includes Lubbock Lake
Site; and
WHEREAS, all of the above -described property has either been
dedicated or utilized as park property or was acquired for park
purposes; and
WHEREAS, V.T.C.A. Parks & Wildlife Code S13.009 permits the
Department to convey park property to the City in exchange for
other park property, provided the properties exchanged continue
Contact for Exd=ge of Real Property - Pape 2
to be used for park purposes and other provisions of 513.009 are
complied with by the Department; and
WHEREAS, both the City and the Department intend to continue
utilizing for park purposes the property which each party respec-
tively desires to acquire from the other party; and
WHEREAS, all of the other provisions of 613.009 which must
be complied with by the Department for a valid exchange of park
property with the City either have been complied with or will be
complied with by the Department prior to closing; and
WHEREAS, reacquiring title to those portions of MacKenzie
Park owned by the Department and the leasehold interest in that
portion of MacKenzie Park leased by the Department from the
County would be in the best interest of the citizens of the City
of Lubbock in that it would enable the City to maintain and oper-
ate MacKenzie Park more efficiently; and
WHEREAS, conveying title to the tract of land containing
Lubbock Lake site to the Department under conditions that permit
Texas Tech University to continue its archaeological and histori-
cal research, development and promotion of the Site is in the
best interest of the citizens of the entire State of Texas
because the Department and such University have the ability and
expertise to develop that property so as to afford those citizens
greater access to and enjoyment of such property; NOW THEREFORE:
Cuatmd for Exchanje of Real Property - Pap 3
I.
Property and other Consideration Exchanged
For the consideration herein set forth and upon all terms,
conditions and provisions herein contained, the City agrees to
convey to the Department and the Department agrees to accept from
the City those tracts or parcels of land described in Exhibits A
and 8, attached hereto and incorporated herein as part of this
Agreement, together with other good and valuable consideration,
in exchange for which the Department agrees to convey to the City
and the City agrees to accept from the Department those tracts or
parcels of land described in Exhibit C, attached hereto and
incorporated herein as part of this Agreement, together with an
assignment from the Department of the lease agreement between the
Department's predecessor and the County of Lubbock executed on or
about August 25, 1938, and filed of record in Volume 334, Pages
255-56 of the Deed Records of Lubbock County, Texas, and the
further consideration of extending the interagency contract
between the Department and Texas Tech University executed on or
about May 7, 1987, until a new interagency contract is executed
between the Department and Texas Tech University.
Both the Department and the City herein agree that there
shall be no monetary consideration involved in this exchange of
real property other than as herein expressly stated, and the
difference in appraised values between the property which each
party was desirous of acquiring has been offset by additional
Conusa for Excha p of Real Property - Page 4
property, improvements and other good and valuable consideration
sufficient to equalize the exchange.
Terms and conditions
A. This Contract is subject to approval of the Governor of
the State of Texas and of the Texas Parks and Wildlife Commission
voting in public session in accordance with V.T.C.A. Parks &
Wildlife Code 513.009 and Vernon's Ann. Civ. St. art. 6252-17,
and shall be effective only upon delivery to the City of certifi-
cation of both the Governor's approval and the Commission's
approval.
B. Subject to its control and direction, the Department
herein agrees to permit representatives from Texas Tech Univer-
sity to have access to the property whose acquisition by the
Department is contemplated by this Agreement for purposes
consistent with the interagency contract executed between the
Department and such University on or about May 7, 1987, and a
subsequent interagency contract executed between the Department
and Texas Tech University for similar purposes. Furthermore,
within the guidelines of the Texas State Antiquities Committee,
the Department herein agrees to continue to designate the Texas
Tech University Museum as the primary repository of artifacts
resulting from research, development and exploration of the
property conveyed to the Department, except those artifacts which
Contract for Exchange of Real Property - Pap S
the Department and such University mutually agree are needed for
display at the State Historic Site.
C. Upon execution of this Contract, each party hereto
shall exercise due diligence in satisfying all conditions neces-
sary to render this Contract effective and in preparing all deeds
and other documents necessary to exchange the tracts or parcels
described in Exhibits A, B and.0 in accordance with State law.
D. At the time of closing, each party shall deliver to the
other party a deed conveying good and indefeasible title to the
tracts or parcels being conveyed free and clear of all restric-
tions, covenants, conditions and easements, except those of
record as of the date of execution of this Agreement and those
expressly reserved herein. The Department shall be responsible
for the cost of title insurance for those tracts or parcels which
are conveyed to the Department, and the City shall be responsible
for the cost of title insurance for those tracts or parcels which
are conveyed to the City.
E. Both the City and Department agree that neither party
shall utilize for other than park purposes any of the property
exchanged pursuant to this Agreement.
F. Both the City and Department further agree that all
leases between the parties for any of the property which is
exchanged between such parties at closing shall no longer have
any effect.
Contract for Exchange of Rat Property - Page 6
G. The exchange of property contemplated by this Agreement
shall be closed in Lubbock, Texas, on or before February 15,
1992. However, both the Department and the City agree to use
their best efforts to close at an earlier date.
H. The terms and conditions of this Contract shall survive
the closing and be enforceable by either party hereto after such
closing.
Reservations
The City herein expressly reserves the following rights or
interests in the tracts or parcels to be conveyed to the Depart -
went:
A. All rights granted in an oil and Gas Lease between the
City of Lubbock and W. E. Medlock, Sr., dated the: 9th day of
November, 1984, and filed of record in Volume 1930, Pages 513-584
of the Deed Records of Lubbock County, Texas.
B. The right to install, operate and maintain any and all
pipes, pipelines and structures and the right to grant any and
all utility easements in, over and under the property conveyed to
the Department for the purpose of providing water and sewer
service and utilities to.such property or any other parts of
Ye:llowhouse Canyon Park. The term "utilities," for the purposes
of this Agreement, shall mean any and all gas, electric, water,
sewer or phone services. The City will consult with the Depart-
ment concerning the location of any and all pipes, pipelines,
Contrad for Exdmp of Real Property - Pap 7
structures and utility easements so as to minimize the possibil-
ity of harm to the State Historic site.
C. The right of ingress and egress to and from the prop-
erty conveyed to the Department to install, operate and maintain
any and all utilities, electric utility poles, lines, cables or
other related facilities, City water or sewer lines or water or
sewer pipes or'pumping facilities in existence upon the execution
of this Agreement or which may, in the future, be installed in,
under or over such property.
D. All easements and other encumbrances of record in the
office of the County Clerk of Lubbock County, Texas, as of the
date of the execution of this Agreement.
E. The right of ingress and egress to and from and the
right to operate, maintain, improve and modernize the existing
sewage treatment plant owned by the City and located on the prop-
erty conveyed to the Department.
F. The right of ingress and egress to and from Berl Huff-
man Athletic Complex located within Yellowhouse Canyon Park and
the further right to operate, maintain, repair or enlarge the
existing roadway to said Berl Huffman Athletic Complex. The City
further reserves a construction easement of fifteen (15) feet on
either side of this roadway to be used by the City in the event
it repairs or enlarges said roadway and, in addition, the City
further reserves an additional fifteen (15) feet on either side
Contract for FAcbuge of Real Property - Pale 3
It
of the existing roadway to be used by the City in the event it
enlarges said roadway.
G. All rights granted by franchise to public utility
companies.
EXECUTED this 23rd day of 1anmgy P 1992.
TEXAS PARKS AND WILDLIFE
DEPARTMENT
BY:;AR
DREW SANSOM, EXECUTIVE
DIRECTOR
APPROVED AS TO FORM AND LEGALITY:
C
CITYOF LUBBDCKK, TEXAS
BY: 7[/• �i�/ ci'�llK/
$. C. McMFHN, MAYOR
and Recreation
APPROVED
nAS TO FORM:
Harold Willard, Assistant
City Attorney
HW:dzA NS-D8/C-PRKWID.DOC
Coat:aet for Exch"o of Real Property - Pap 9
A 307.315 acre tract located in Sections 12, 13, and 18, Block A, Lubbock
County, Texas, and being further described as follows:
BEGINNING at the Northwest corner of Section 12, Block A and at the Northeast
corner of Section 13, Block A, Lubbock County, Texas;
THENCE N. 89*54,050 E., along the North line of Section 12, a distance of
676.47 feet to a found 1' iron pipe;
THENCE S. 00004,47' E. a distance of 2277.15 feet to a found 1/2" iron pipe;
THENCE S. 87*46,57" W. a distance of 261.06 feet to a set 1 1/4' iron pipe;
THENCE S. 04*29,550 W. a distance of 579.46 feet to a set 1 1/4' iron pipe;
THENCE S. 49*09,580 W. a distance of 137.92 feet to a set 1 1/4' iron pipe;
THENCE S. 24*36,200 W. a distance of 135.27 feet to a set 1 1/4' iron pipe;
THENCE S. 84'22,58" W. a distance of 352.47 feet to a set 1 1/4' iron pipe;
THENCE S. 59*19,070 W. a distance of 78.68 feet to a set 1 1/4' iron pipe;
THENCE S. 11*051400 W. a distance of 233.49 feet to a set 1 1/4' iron pipe;
THENCE S. 03*27,520 W. a distance of 253.18 feet to a set 1 1/4' iron pipe;
THENCE S. 00*27,180 E. a distance of.900.58 feet to a set 1 1/4' iron pipe;
THENCE S. 03*35,230 E. a distance of 172.49 feet to a set 1 1/4" iron pipe;
THENCE S. 14*261522 E. a distance of 90.16 feet to a set 1 1/4' iron pipe;
THENCE S. 24'13148' E. a distance of 165.42 feet to a set 1 1/4' iron pipe;
THENCE S. 18*43,449 E. a distance of 196.22 feet to a set 1 1/4" iron pipe;
THENCE S. 05*34,170 W. a distance of 71.27 feet to a set 1 1/4" iron pipe;
THENCE S. 35*58,530 W. a distance of 173.94 feet to a set 1 1/4' iron pipe;
THENCE S. 39'30,30" W. a distance of 234.55 feet to a set 1 1/4' iron pipe;
THENCE S. 38*02,100 W. a distance of 436.95 feet to a set 1 1/4" iron pipe;
THENCE S. 48*58,360 W. a distance of 736.50 feet to a set 1 1/4' iron pipe;
THENCE S. 39036,356 W. a distance of 156.57 feet to a set 1 1/4' iron pipe;
THENCE S. 24'13138' W. a distance of 188.55 feet to a set 1 1/4' iron pipe;
THENCE N. 56*58,50" W., along the Northeasterly right-of-way line of the
Panhandle and Santa Fe railroad, a distance of 2533.00 feet to a found 3/4'
Iron pipe;
THENCE S. 89*51,23' E., along the North line of Section 18, a distance of
1533.66 feet to a found 3/4' iron pipe;
THENCE N. 00.09,010 E. a distance of 1199.51 feet to a set 1/2' galvanized
iron pipe;
THENCE S. 89*48,304 E. a distance of 416.60 feet to a found 3/8' iron rod;
THENCE N. 00009/310 E. a distance of 1441.25 feet to a found 3/4' iron pipe;
THENCE S. 89*50,20' E. a distance of 832.98 feet to a found 5/8' iron rod;
THENCE N. 15'57131' W. a distance of 1204.37 feet to a found 1/2' iron pipe;
THENCE S. 89'01153' W. a distance of 1576.51 feet to a found 1/2' iron pipe;
THENCE N. 00*07,57' W. a distance of 770.21 feet to a set 5/8' iron rod with
cap;
THENCE N. 45.11,160 W. a distance of 183.46 feet to a found 1/2' iron pipe;
THENCE N. 83*51,02' W. a distance of 351.38 feet to a found 1/2' iron pipe;
THENCE N. 02*55,344 W. a distance of 146.43 feet to a found 1/2' iron pipe;
THENCE N. 87*55,436 W. a distance of 211.32 feet to a set 5/8' Iron rod with
cap;
THENCE N. 02623149' W. a distance of 419.27 feet to a point 0.48 feet North
of a found 1/2' iron pipe;
THENCE S. 89*47,450 E., along the North line of Section 13, a distance of
3313.54 feet to the POINT OF BEGINNING.
Contract for Ezcl=Se of RM Praperty
EXHIBIT A - Pape 2
A 29.268-acre.tract of land located in Sections 12, 13, 17, and 18, Block A,
Lubbock County, Texas, being further described as follows:
BEGINNING at a 1/24 rod with cap set which bears N. 00000'08' E., 85.23 feet
and N. 50*11,460 E., 70.54 feet from a 1/2' rod with cap found at the
Southwest corner of Section 12, Block A, Lubbock County, Texas;
THENCE N. 79*35,529 E. a distance of 202.70 feet to a 1/2' rod with cap set;
THENCE S. 80*32,350 E. a distance of 208.32 feet to a 1/2' rod with cap set;
THENCE S. 67*42,53' E. a distance of 386.12 feet to a 1/2' rod with cap set;
THENCE S. 62*29,304 E. a distance of 241.18 feet to a 1/2' rod with cap set;
THENCE S. 51*18,37" E. a distance of 147.95 feet to a 1/24 rod with cap set;
THENCE S. 33'23119' E. a distance of 85.45 feet to a 1/2' rod with cap set;
THENCE S. 20'27,25' E. a distance of 87.58 feet to a 1/2' rod with cap set in
the Northwest right-of-way line of Loop 289;
THENCE S. 79*54,530 W., along said right-of-way line, a distance of 65.00
feet to a 1/2' rod found;
THENCE S. 78*01,530 W., along said right-of-way line, at 229.90 feet pass a
found concrete right-of-way monument, continuing for a total distance of
231.30 feet to a 1/2' rod with cap set;
THENCE S. 69*34,53' W., along said right-of-way line, at 201.50 feet pass a
found concrete right-of-way monument, continuing for a total distance of
208.70 feet to a 1/2' rod with cap set;
THENCE Southwesterly, along said right-of-way line, around a curve to the
left, said curve having a radius of 3969.77 feet, a central angle of
11*071030, and a chord distance of 769.07 feet along a chord bearing of S.
68*02,51" W. to a railroad spike set;
THENCE S. 65*21,01' W., along said right-of-way line, a distance of 787.90
feet to a 1/2' rod found;
THENCE S. 59*19,25" W., along said right-of-way line, a distance of 479.88
feet to a 1/2' rod with cap set;
THENCE Northwesterly around a curve to the right, said curve having a radius
of 294.52 feet, a central angle of 29*03,204, and a chord distance of 147.76
feet along a chord bearing of N. 05,021S20 W. to a 1/2' rod with cap set;
THENCE N. 18.08,320 E. a distance of 103.52 feet to a 1/2' rod with cap set;
THENCE N. 32*48,350 E. a distance of 110.60 feet to a 1/2' rod with cap set;
THENCE N. 48058,360 E. a distance of $92.38 feet to a 1/2' rod with cap set;
THENCE N. 38.02,10' E. a distance of 441.93 feet to a railroad spike set;
THENCE N. 39'3013V E. a distance of 235.63 feet to a 1/2' rod with cap set;
THENCE N. 35458,530 E. a distance of 192.09 feet to a 1/2' rod with cap set;
THENCE N. 50*11,460 E. a distance of 127.42 feet to the POINT OF BEGINNING.
Contrut for Exchange of Real Property
EX Wrr B - Page 2
All those certain tracts or parcels of land situated in Lubbock County, Texas,
described in four (4) tracts as follows:
TRACT 1
332.6 acres of land out of Sections one (1) and seventy-seven (77), in Block
A,• described by metes and bounds as follows:
BEGINNING at the Southwest corner of Section 1, Block A, Cert. 26, Patent 336,
Lubbock County, Texas, for the Southwest corner of this tract;
THENCE North along the West line of said Section 1, Block A, a distance of
4488.3 feet;
THENCE N. 39'16, E. 1022.6 feet cross North line of said Section 1, Block A,
in all 1182.6 feet;
THENCE N. 46'54, E. 175.0 feet;
THENCE N. 52'29, E. 166.0 feet;
THENCE S. 22'28, E. 372.9 feet cross the North line of Section 1, Block A, in
all 785.0 feet;
THENCE N. 86'19, E. 123.0 feet;
THENCE N. 21'24, E. 420.0 feet cross the North line of Section 1, Block A, in
all 554.4 feet;
THENCE S. 83'18, E. 477.0 feet;
THENCE S. 01'57, W. 63.7 feet cross the North line of Section 1, Block A, in
all 1538.0 feet;
THENCE S. 07'10, E. 440.0 feet;
THENCE N. 45'49, E. 520.0 feet;
THENCE S. 25'11, E. 275.7 feet;
THENCE S. 40'42, W. 589.0 feet;
THENCE S. 13'10, E. 540.0 feet;
THENCE S. 23'16, E. $71.0 feet;
THENCE S. 29141, E. 450.0 feet;
THENCE S. 52'041 E. 324.0 feet;
THENCE S. 29'34f E. 212.0 feet;
THENCE S. 65047, E. 700.0 feet;
THENCE N. 48'48f E. 520.0 feet;
THENCE S. 60418f E. 364.3 feet;
THENCE S. 34.13, W. 1159.6 feet;
THENCE South 130.0 feet to the South line of Section 1, Block A;
THENCE West 3895.0 feet along the South line of Section 1, Block A, to the
PLACE OF BEGINNING.
CONTAINING 332.6 acres, 329.4 acres out of Section 1, Block A, and 3.2 acres
out of Section 77, Block A.
TRACT 2
81.04 acres of land out of Section three (3), Block 0, Abstract 24, described
by metes and bounds as follows:
BEGINNING at a point 30 feet South of the Northwest corner of Section 3, Block
0, for the Northwest corner of this tract;
THENCE South along the West line of Section 3, Block 0, 466.5 feet;
THENCE S. 81'46t E. 804.0 feet;
THENCE S. 50'18, E. 298.5 feet;
THENCE S. 31623t E. 398.3 feet;
THENCE S. 22004, W. 228.2 feet;
THENCE East 2365.7 feet to a point for the Southeast corner of this tract;
THENCE North 1237.5 feet to a point for the Northeast corner of this tract,
said point being 30 feet South of the North line of said Section 3, Block 0;
THENCE West 3520.0 feet to the PLACE OF BEGINNING.
Contract for Exch&W of Red PropcRy
EXHDrr C - Pa;e 2
TRACT 3
A part of Section eighty (80), Block A, Abstract 995, described by metes and
bounds as follows:
BEGINNING at the Southeast corner of Section 80, Block A, for the Southeast
corner of this tract;
THENCE West 1645.1 feet along the South line of Section 80, Block A, to its
intersection with the East right of way line of State Highway No. 9;
THENCE in a Northeasterly direction along the said East right of way line of
State Highway No. 9 to its intersection with the East line of Section 80,
Block A;
THENCE, South 1838.9 feet to the PLACE OF BEGINNING.
CONTAINING approximately 22.8 acres.
TRACT 4
A tract of land out of Section seventy-nine (79), Block A, Abstract 331,
described by metes and bounds as follows:
BEGINNING at the Southeast corner of Section 79, Block A, for the Southeast
corner of this tract;
THENCE West 620.0 feet;
THENCE North 659.5 feet;
THENCE West 635.2 feet;
THENCE South 659.5 feet;
THENCE West 40.0 feet;
THENCE North 2640.0 feet to the North line of Section 79, Block A;
THENCE East 1295.2 feet to the East line of Section 79. Block A;
THENCE South 2640.0 feet to the PLACE OF BEGINNING.
CONTAINING 68.88 acres less the following described tract, which is reserved
by the City of Lubbock, Texas:
BEGINNING at the Southeast corner of Section 79, Block A, for the Southeast
corner of this tract;
Contract for Exdmp of Real Property
EXHIBIT C - Page 3
THENCE West 208.8 feet;
THENCE North 208.8 feet;
THENCE East 208.8 feet;
THENCE South 208.8 feet to the PLACE OF BEGINNING.
CONTAINING 1.0 acre.
SAYE AND EXCEPT the 7.093 acres contained in the following five (5) tracts of
land previously conveyed to the City in Volume 680, Pages 545-547 of the Deed
Records of Lubbock County, Texas, and more particularly described as follows:
TRACT 5
BEGINNING at an Auto Axle for the Northeast corner of MacKenzie State Park;
THENCE South 01'57, West along the present East property line of MacKenzie
State Park a distance of 1256.84 feet to a point;
THENCE Northwesterly around a curve to the right, the radius point of said
curve bears North 76*36,03.742 East a distance of 1121.44 feet, a distance of
300.43 feet to a point of tangency;
THENCE North 01'57' East a distance of 963.32 feet to a point in the North
property line of MacKenzie State Park;
THENCE South 83'18, East along the North property line of MacKenzie State
Park a distance of 40.14 feet to the POINT OF BEGINNING.
CONTAINING 1.07 acres, more or less.
TRACT 6
BEGINNING at a point in the East property line of MacKenzie State Park, said
point being 1766.7 feet South and 215.5 feet East of an Auto Axle for the
Northeast corner of MacKenzie State Park;
THENCE North 45'49, East along the East property line of MacKenzie State Park
a distance of 223.3 feet to a point;
THENCE South 25611, East along the East property line of MacKenzie State Park
a distance of 27.5.7 feet to a point;
THENCE South 40'42, West along the East property line of MacKenzie State Park
a distance of 381.2 feet to a point;
Contract for Exchange of Real Property
EXHIBIT C - Page 4
THENCE North 11'571 East a -distance of 64.4 feet to a point of tangency;
THENCE Northwesterly around a curve to the left, the radius of which is 484.84
feet, tangent distance of 226.08 feet, angle of intersection of 50000", curve
length of 423.10 feet, a distance of'329.0 feet to the POINT OF BEGINNING.
CONTAINING 1.65 acres, more or less.
TRACT 7
BEGINNING at a point in the East property line of MacKenzie State Park, said
point being 2611.67 feet South and 180.06 feet East of an Auto Axle for the
Northeast corner of MacKenzie State Park;
THENCE South 13'10, East along the East line of MacKenzie State Park a
distance of 227.25 feet to a point;
THENCE South 23'16, East along the East line of MacKenzie State Park a
distance of 571.00 feet to a point;
THENCE South 29'41, East along the East line of MacKenzie State Park a
distance of 186.82 feet to a point;
THENCE North 42*02149' Vest a distance of 91.48 feet to the beginning of a
curve to the right having a radius of 590 feet, tangent distance of 97.57
feet, angle of intersection of 18*46,49" and a curve length of 193.40 feet;
THENCE Northwesterly around said curve to the right a distance of 193.40 feet
to the point of tangency;
THENCE North 23'16, West parallel to and 40 feet Southwesterly of the East
line of MacKenzie State Park a distance of 282.8 feet to the beginning of a
curve to the right having a radius of 1149.33 feet, tangent distance of 364.77
feet, angle of intersection of 35'131 and a curve length of 706.4 feet;
THENCE Northwesterly around said curve to the right a distance of 430.9 feet
to the POINT OF BEGINNING.
CONTAINING .84 acres, more or less.
TRACT 8
BEGINNING at a point in the East property line of MacKenzie State Park, said
point being 4187.17 feet South and 1162.96 feet East of an Auto Axle for the
Northeast corner of MacKenzie State Park;
THENCE South 65.47, East along the East property line of MacKenzie State Park
a distance of 557.70 feet to a point in a curve to the right, the origin of
which bears North 07*53,250 East a distance of 991.97 feet;
Contrad for Exchange of Rol Property
EXHMrr C - Page S
THENCE along said curve to the right a distance of 565.11 feet to the POINT OF
BEGINNING.
CONTAINING .343 acres, more or less.
TRACT 9
BEGINNING at a point in the East property line of MacKenzie State Park, said
point being 4412.05 feet South and 1686.89 feet East of an Auto Azle for the
Northeast corner of MacKenzie State Park;
THENCE North 48'48, East along the East property line of MacKenzie State Park
a distance of 509.21 feet to a point;
THENCE South 60'18,1 East along the East property line of MacKenzie State Park
a distance of 364.3 feet to a point;
THENCE South 34*13' West along the East property line of MacKenzie State Park
a distance of 196.2 feet to a point;
THENCE South 89'16, West a distance of 455.72 feet to the beginning of a
curve to the right having an angle of intersection of 24'571, a radius of
991.97 feet, tangent distance of 219.46 feet and a curve length of 431.96
feet;
THENCE Northwesterly around said curve to the right a distance of 171.98 feet
to the POINT Of BEGINNING.
CONTAINING 3.19 acres, more or less.
Contract for Exchaage of Real Property
EXHIBrr C - Page 6
0
TEXAS
clN111114 111M
PARKS AND WILDLIFE DEPARTMENT
YCO=10 D. GAR1A
42DD Smith School Ro*d • Austin, Tezu M" • 512-380-4 0
l uimun. &owrsvle
WALTER UMPHREY
Yce-aakman
Beaonait
LEE M.BASS
FLW°°'
March 29, 1995
MOCEY BURLESON
T-00
AAY CLYMER
Wkft a Fab
TERESE TARLTONHERSHEYHougm Mr. Ed Bucy
Right -of -Way Agent
GEDFGEc gWWON
y,,,tMW
City of Lubbock
P.O. Box 2000
WUJWP HOMY
mob„
Lubbock, Texas 79457
J" MLSON M ELSEY
Houmn
Re: Water wells, Lubbock Lake Site
PERRY RBAW Dear Ed:
a0mw+4Emer7ha
FL WoAi
This will acknowledge receipt of your letter of
February 17, 1995.
ANDREW SMSOM
Eau" lkalor
This Department has no objection to Texas Tech University's
operating the three or four water wells on Lubbock Lake
Site for farm land irrigation purposes, and this letter may
be considered to be a license for the University to operate
the wells exclusively for those purposes.
Naturally, this Department would expect to be held harmless
by the University from any claims for damages to person or
property arising out of its use of the wells, and we will
assume that by using the wells, the University has agreed
to this hold -harmless stipulation.
Sincerely,
�l
Mike Herring
Director, Park Special Services
(512) 389-4520
Fax 389-4469
MH:bhl
a
RESOLUTION 701-A - 6/23/83 i
Amends Reso. 701 - 1/22/81 .
Or19. Contract; 1/3/62
J1.'F/mck
RESOLUTION
U11EREAS, Texas Tech University formerly known as Texas Technological
College at the time it executed with the City of Lubbock an agreement entitled
"SEWAGE EFFLUENT CONTRACT BETWEEN THE CITY OF LUBBOCK, TEXAS AND TEXAS TECHNO-
LOGICAL COLLEGE" under date of January 3,-19621 said agreement being incor-
porated herein by reference as if fully copied here in detail in this place,
said agreement being for a term of twenty years from date sewage effluent was
first delivered to Texas Tech University with an option in favor of said Univer-
sity to renew the Contract for another ten years by notifying said City of its
intention to so do in writing 12 months prior to the termination of the original
term; and,
WHEREAS, Texas Tech University Board of Regents. authorized President,
Lauro F. Cavazos, of said University to notify the City of Lubbock that said
University desired to exercise such option for a ten year extension of said
Contract as aforesaid, and it.was determined that such notification in writing
was timely and lawfully made and done by said President of said University by a
letter to such effect addressed to City Manager, Larry Cunningham, of the City
of Lubbock dated December S, 1980 and received by said City Manager's office on
December 8, 1980, as fully set forth in Resolution No. 701 passed by the City
Council of the City of •Lubbock, on January 22, 1981, and such ten year option
was therefore granted by said Resolution; and i
WHEREAS, Texas Tech University has requested that said contract be renewed
and extended for an additional ten years beyond the ten years extension affected.
by the exercise of said ten years extension option by Texas Tech University Vs
hereinabovg set forth, and the City Council"of the City of Lubbock is agreeable i
to granting such request to it made by Texas Tech University; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to f
execute for and on behalf of the City of Lubbock an amendment to said contract t
entitled " SEWAGE EFFLUENT CONTRACT BETWEEN THE CITY OF LUBBOCK, TEXAS AND
TEXAS TECHNOLOGICAL COLLEGE" under date of January 3, 1962, said amendment to
be entered into by and between said City and Texas Tech University as successor
of Texas Technological College, so as to extend the term of said contract for
an additional ten years beyond the ten year extension option already exercised
by Texas Tech University as set forth in the preamble hereof; said amendment
attached herewith shall be spread upon.the minutes of the: Council and as spread
upon the minutes of this Council shall constitute and be -a part of this Resolu-
tion as if fully. copied herein in detail:
this da o 198 .
!Passed by the City Council 21rd y f 3
BILL-HcACISTER, HAY R
(ATTEST:
! �
i Evelyn Gaftga,- City S e et y-Treasurer •
(APPROVED AS TO CONTENT:
;Willie It
tson, Water Utilities Engineer
APPROVED AS TO FORM:
l
1J. Worullingim, Assistant City AOkorney
0
i
Amends Reso. 701 - 1/yy2/81
Orig. Contract: 1/3/62
AMENDMENT TO SEWAGE EFFLUENT
CONTRACT BETWEEN THE CITY OF
LUBBOCK AND TEXAS TECH UNIVERSITY
In consideration of the mutual covenants and agreements made
by and between the City of Lubbock and Texas Tech University (as
the successor of Texas Technological College) in a Sewage.
Effluent Contract between said parties dated January 3, 1962, for
a term of twenty (20) years as extended for another ten (•10)
years by exercise of the ten (10) year extension option by Texas
3
Tech University as set forth in Resolution No. 701 passed by the
City Council of the City of Lubbock on January 22; 1981, said
contract is hereby amended as follows:
"Said contract is amended to extend the term thereof for an
additional term of ten (10) years beyond and in addition to
the ten (10) year extension option already heretofore
exercised by Texas Tech University as hereinabove set forth,
to the end that the original term of said contract of twenty
(20) years as extended by the ten (10) year extension option
heretofore exercised by Texas Tech University plus the ten
(10) years addition extension being added by this amendment'
aggregates a total duration of forty (40) years for this
contract as here amended. During the last ten (10) years' of
this contract as extended by this amendment, the cost of the
chemical treatment may be re -negotiated to the extent
necessary, to protect the City of Lubbock should there be any
increase in such cost. Except as hereby amended, said.
contract shall remain in all other respects the some, and in
full force and effect as hereby amended."
This amendment is executed in duplicate'originals as of this
23rd day of June , 19 83
CITY OF LUBBOCK
MLL M&ALISTER, MAYOR
ATTEST:
Evelyn f ga
City Secretary-Treasuref
BOARD OF REGENTS
TEXAS TECH UNIVERSITY
i
ATTEST:
ecretary
Ii�;v.f; .:_t Cl M b;.A
-.-Board Minutes
February 17, 1962
Attachment No. 7
Item 1102 (12-9-61)
SEWAGE EFFLUE'T CONTRACT BETWEEN
TEE CITY OF LUSBOCK, TMS AND
TMS TECHNOLOGICAL COLLEGE
WUREAS, The City of Lubbock is in the process of finalizing plans
for a sewage treatment plant to be located North of Clovis Road and inthe
vicinity of Knoxville Avenue, within the City of Lubbock and therg will be
available from this plant, when completed'snd in service, sewage effluent
of adequate quality to be used for irrigation; and,
WHEREAS, The Board of Directors of Texas Technological College after
due consideration and study has determined that it will be both expedient
and desirable to acquire the effluent from such sewage treatment plant for
the purpose of irrigation; and,
WIMRFAS, The City'Coamission of the City of Lubbock has determined
that it is to the best interest of the inhabitants of the City of Lubbock
" and the public generally that such effluent be furnished to Texas Techno
logical College at the lowest possible cost to said College; and,
WEEREAS, it is further deemed advisable and to the best interest of
the City of Lubbock and Texas Technological College: that the terms and
conditions of the furnishing of such effluent be incorporated in this
agreement;
NOW, TREREFORE, KNOW ALL MEN BY THESE PRESEIMSS: This agreement and
contract is this day made by and between the -City of Lubbock, a home role
•municipal corporation of Lubbock County, Texas, acting herein by and -
through its Mayor as heretofore duly authorized by Resolution of the City
Commission, hereinafter called "CITY", and the Texas Technological Oollege,
an educational institution of the State of Texas, located in La:bbock
County, Texas, acting herein by and through the Chain of its Board of
Directors, -as heretofore duly authorized by Resolution of the said Board,
hereinafter called "COLD":
W I T P E S S E T H:
In consideration of the covenants and agreements herein expressed to
be performed by the parties hereto, the City of Lubbock does hereby.
covenant and agree, beginning upon completion of the sewage treatment
I I .
.Board )Sautes
February 17, 1962
Attachment Ho. 7
Item 1102 (12-9-61)
Page 2.
plant above described and other necessary pumping facilities, Lnes, and
reservoir, to supply COLLWE the sewage effluent processed at said sewage
treatment plant, and COLLB2 hereby covenants and agrees to take all the
sewage effluent: from said CITY, to be used exclusively on COLLEGE property
unless otherwise agreed to in writing by the CITY, so long as the biolDgi-
cal oxygen demand remains as hereafter provided, and subject to the
following terms, conditions and covenants:
The COLLEGE agrees and obligates itself to excavate, lay, construct
and install sufficient reservoir, lines and pumps to transport the efflu-
ent from CITY disposal plant to COLLEGE land and premises.
The CITr hereby grants to the COLLEGE the right to make and maintain
connections between the City of.Dubbock Northwest Sewage Treatment Plant•
and the lands and premises owned by Texas Technological College of proper
and sufficient size to transport such sewage effluent to the land owned
by said COLLEGE over and across right-of-way to be furnished by CITY.
This grant is made upon`the following terms and conditions, to vit:
I. That City of .Lubbock shall not at any time be required to build,
lay or construct or install any reservoir line or pump or any other facil-
ity necessary for transporting said effluent to the lands owned by Texas
Technological College. Eoaever, it is agreed land understood that the City
of Lubbock sha11 maintain any line and pump or pumps which may be installed
by the COLLEGE to'. be used in carrying out terms of the contract and for
vhich maintenance cost the COLLEGE agrees and hereby obligates itself to
pay to said CITY the actual cost for such maintenance. In addition to the
cost for maintenance of the line.and,pump the COLLEGE agrees and obligates
Itself to pay said CITY for ell electrical energy consumed in the trims-
portation of such sewage effluent Trom the sanitary treatment plant -to -tbe
line owned by COLLEGE at rates established by ordinance for municipal .or
school consumers, whichever is cheaper. Payment is to be made to. CITr
within reasonable time after receipt -of such bill -of.cost delivered to the
COLLEGE.
2. The sewage effluent to be delivered by CITY to COLLEGE shall be
sewage effluent having a biological oxygen demand (B.O.D.) of approxi-
mately tvnntY (20) rArtn T-r mil.linn imlpsr Affinrvq.nn r, rMT.Ti;F
:Board Minutes
February 17, 1962
Attachment Fo. 7
Item 1302 (12-9-61)
Page 3
in Writing to reduce'the B.O.D. in MAch event CODE agrees and obligates
itself to pay the increased cost to CITY Which may be incurred for
chem'cals used for such additional treatment.
3. As an express condition herein COLLEGE will i►se due diligence in
handling, distributing* and/or storing all sewage effluent delivered to it,
i
under the terms of this agreement, in such a meaner as to.not substan-
tially increase the density of odor emitting therefrom, or from spreading
and causing other than normal discomfort and annoyance to nearby Snhabi-
tents, and to the best of its ability will not use or suffer to be used
any effluent in such a manner as to constitute a nuisance. If in the
event such condition does arise from such use the COMME vill diligently
do all that nay be necessary to abate and correct such condition.
h. The COLLEGE in its use of such effluent shall take ordinary and
reasonable precaution to prevent the floe of effluent onto or over
property not owned by COLLEGE unless otherwise permitted by owner or
owners of such land given in Writing which ehall be subject to all terms,
conditions and covenants contained in this agreement.
The parties hereto agree and it is expressly stipulated and under-
stood that the CITY shall not be liable for any damage, claim or cost or
subject to any cause of action, after the sewage effluent is transported
by pipeline to COLLEGE lands and premises.
It is further agreed and understood that should. CITY be restrained
by Court action or otherwise prohibited from delivering the effluent to
COLLEGE for the purpose agreed and anticipated, the CITY shall be
released from responsibility for the provisions of this contract during
such interval Without further action by either party hereto and until
Such time as such restraint or prohibition is removed. Upon resumption
of operation of the sewage treatment plant, CITY shall continue delivery
of the effluent to COLLEGE.
Rothing herein shall be construed as creating a. fixed indebtedness
on part of COLLEGE.
T3'iis contract shall become operative and binding on the parties here-
to for a term ending twenty (20) years from the date the first sewage
effluent ir delivered to COUTM imaer the ie-'na of thin nrrnnnt.
Board Minutes
February 17, 1962
Attadment No. 7
Item 1102 (12-9-61)
page 4
provided, however, it is understood and agreed that said COLLEGE, by
decision of its Board of Directors, desire for any reason to terminate
this agreement, it may do so; then in such,event.an intention to abandon
this agreement -may be exercised by written notice to CITY delivered not
, less than twelve (12) months prior to the date such terminatiop is to
become effective. It is mutually agreed that the COLLEGE cannot amortize
its origt„:,l cost in a period of twenty years and for such reason, it is.
further understood, agreed and here stipulated that upon termination of
the original twenty (20) year term this agreement may be continued at tie
cptton of the COLLEGE for an additional. ten (10) years. Should the
COLLWE desire to exercise this option, it may do so by giving notice to
the CITY in writing twelve.(12) months prior to the termination of the .
original teas.
In the event COLLEGE exercise its right of option for an additional
ten (10) years, then in such event, the cost of the chemical treatment may
be re -negotiated to the extent necessary .to -protect the CITY should there
be any increase in such cost.
F.KECUI'ED =IS 3rd day of January, 1962.
• AT'TF.ST:
W'.IAu
CITY SECRz-'TARY-TREASURER .
�•' lei �.......��� ��
•f1. %
;. ATTEST:
dRoy We ,
CITY OF L)BBOCK
David C. Casey, NUU
Fem Aavn ci U
iry f•`•e-n•Y
• r
Y7• Y?M1 • • H • .7
C . 1. Wall, CHAIFcdAN