HomeMy WebLinkAboutResolution - 4086 - Agreement - Harmon Tank Company - Convey Right, Title, & Interest, Water Lines - 02_25_1993Resolution No. 4086
February 25, 1993
Item #12
RESOLUTION
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 an agreement by
and between the City and Harmon Tank Company, Inc., attached herewith, which
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 det
Passed by the City Council th
ATTEST:
Sally Sti A e, Acting City
Secretary
APPROVED AS TO CONTENT:
Mike Murphy, Seni r tr4ineer
APPROVED AS TO FORM:
Haro '0111 ar ,Assistant City
Attorney
HW:dw/agenda-D2/Harmon.res
February 8, 1993
Resolution No. 4086
February 25, 1993
Item #12
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
AGREEMENT
THIS AGREEMENT is made and entered into this 25th day
of February , 1993, by and between the CITY OF
LUBBOCK, TEXAS, a home -rule municipality, hereinafter called
"CITY," and HARMON TANK COMPANY, INC., which has an office at
1800 Broadway in Lubbock, Texas, hereinafter called "HARMON."
WITNESSETH: THAT for and in consideration of the benefits
accruing to the parties to this Agreement, CITY herein agrees to
convey to HARMON and HARMON agrees to accept from CITY all of the
right, title and interest of the CITY in and to the water lines
within existing easements to Tract "A" of the Harmon Tank
Addition to the City of Lubbock, Lubbock County, Texas.
CITY is herein conveying the above -described water lines to
HARMON without any warranty whatsoever and HARMON herein agrees
to accept such water lines AS IS and WITH ANY AND ALL FAULTS.
Upon execution of this Agreement by both parties hereto,
HARMON agrees to accept all responsibility for maintenance of and
repairs to the above -described water lines up to a two-inch
turbine water meter connected to a three-inch water line along
the south side of Tract "Al" and CITY shall have no responsibil-
ity for such maintenance and repairs. HARMON herein also agrees
to indemnify and save harmless the CITY from and against any and
all damages, claims, demands, suits, judgments, injuries and
losses that may be attributable in whole or in part to such water
lines.
HARMON further agrees that the easements within Tract "A"
containing said water lines are not herein being conveyed (except
to the extent necessary to maintain and repair said water lines)
and that such easements shall remain available for the construc-
tion, installation, maintenance and repair of other utilities.
This Agreement shall inure to the benefit of and be binding
upon both -parties hereto and upon their respective successors and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the above
ATTEST:
Sally S '11 Abbe, Acting City
Secretary
APPROVED AS TO CONTEN :
mike Murphy, Se io E gineer
APPROVED AS TO FORM:
Harold Willard, Assistant City
Attorney
Agr-Harmon Tank
Page 2
ATTES
HW:dw/coot-agr/D4/A-Harmon.doc
rev. February 5, 1993
HARMON TANK COMPANY, INC.
Name:
Title:
Agr-Harmon Tank
Page 3