HomeMy WebLinkAboutResolution - 2004-R0290 - Agreement - Texas Tech University -Use, Maintenance, & Relocation Of Water Lines - 06/29/2004RESOLUTION
Resolution No. 2004-R0290
June 29, 2004
Item No. 28
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 Agreement between the
City of Lubbock and Texas Tech University regarding the installation, use, maintenance
and relocation of underground water line utilities for the transportation of water in a
utility corridor under and through the lands located on the campus of the University. Said
Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 29th day of __ J_un_e ___ 2004.
ATTEST:
[)~'-P.c.t:"' . ~--= ~Ci arza,ity Secretary '
APPROVED AS TO CONTENT:
~;L&{M~e L•
Anita Burgess
Acting Assistant City Manager
APPROVED AS TO FORM:
as/cityatt!John/Resolutions/ Agreement-Texas Tech University
May 19, 2004
Resolution No. 2004-R0290
UNDERGROUND UTILITY RIGHT OF ACCESS AGREEMENT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
This agreement is entered. into on this the 29th day of June, 2004 by and between Texas Tech
University, an institution of higher education of the State of Texas, acting by and through Jim
Brunjes, Senior Vice Chancellor and Chief Financial Officer on behalf of Chancellor David R.
Smith, M.D., Chief Executive Officer of Texas Tech University herein referred to as
"University" and the City of Lubbock, a home rule municipal corporation of Lubbock County,
Texas, herein referred to as "City" and shall set forth the rights and privileges granted to the City
by the University regarding the installation, use, maintenance and relocation of underground
water line utilities for the transportation.of water in a utility corridor under and through the lands
located on the campus of the University hereinafter described below.
WITNESSETH:
WHEREAS, this agreement is made under the authority granted by and pursuant to Chapter 791
of the Texas Government Code, as amended; and
WHEREAS, the governing bodies of the above named Government Units find that this project or
undertaking is necessary for the benefit of the public and that each party has the legal authority
to provide the governmental function or service which is the subject matter of this Contract;
furthermore, the governing bodies find that the performance of this Contract is in the common
interest of both parties; and
WHEREAS, the governing bodies of Government Units, political subdivisions of the State of
Texas, desire to secure for each such Governmental Unit the benefits herein set forth.
THEREFORE, in consideration of the mutual benefits to the parties hereto, it is agreed as
follows:
I.
ACCESS
For and in consideration of the mutual benefits to the parties hereto, the University, subject to the
terms and conditions contained herein, does by these presents grant to the City, its legal
representatives and successors, the right to install and maintain permanent underground water
line utilities in a utility corridor approximately thirty (30) feet wide, under and through the
property situated on the University campus in the County of Lubbock, State of Texas, and being
more particularly described below, together with the right to use, liberty of passage in, on, over,
upon, along, under and across, to-wit:
An Underground Utility Right-of-Access being more particularly
described as follows: ·
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BEGINNING AT A POINT THAT IS north 87° 43' 25" West, 2,629.69
feet, and South 02° 23' 45" West, 131.34 feet, of the Northeast comer of
Section 1, Block E-2, Lubbock County, Texas;
Thence South 02° 23' 45" West, 164.47 feet to a point;
Thence North 52° 53' 42" East, 38.88 feet to a point;
Thence North 02° 23' 45" East 134.24 feet to a point;
Thence North 77° 13' 23" West, 30.50 feet to the point of beginning.
City shall have the rights of ingress, egress and regress at all reasonable times to accomplish the
following purposes: constructing, reconstructing, repair and maintaining underground utilities,
including the right of ingress, egress and regress of motor vehicles and personnel necessary to
accomplish such construction and repair. The City shall be responsible for such activities in the
event of damage or destruction and shall not interfere with University's rights or use of the
property following installation of said utilities.
II.
NOTICE OF ACTIVITIES
Due to the population density on the University campus, it is agreed that prior to the
constructing, reconstructing, repairing, or maintaining the subject underground utilities the City
will obtain the permission for such activities from the University's Managing Director for
Physical Plant a minimum of seventy-two (72) hours in advance of such activities and shall
coordinate all installation, maintenance, relocation and all other uses and activities in advance
with the University. In the event of an emergency situation, the City shall give notice to the
University as early as possible. Notice shall be given to the University's Managing Director for
Physical Plant.
City further agrees to conduct such construction, reconstruction, repair, and maintenance
activities, at City's expense, in such a manner as not to interfere with the conduct of the
University's business during such activities. Should such construction, reconstruction, repair, and
maintenance activities require the temporary relocation of any University functions, the City will
bear the full cost of the temporary facilities and said relocation. It is also expressly understood
and agreed that no activities shall take place when, in the opinion of University, such activities
will cause undue damage to the University's property or unduly disrupt the University's
activities.
III.
ERECTION OF IMPROVEMENTS
It is agreed and understood that the University may erect, build or allow the construction of a
building or like permanent structure over said property described above. It is expressly agreed
and understood that following the installation of the subject underground utilities, should
University require the relocation of said utilities in order to accommodate University's
development of the said property described above, upon University's request City will promptly
relocate said utilities. In such event, the cost of relocation shall be born by the University.
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IV.
TERM
This Utility Access Agreement shall be for a period of thirty-five (35) years unless earlier
terminated or extended by mutual agreement of the parties or until City ceases to use and
maintain the subject underground utilities for a period of one year, whichever is sooner. Upon
expiration or termination of this Agreement, all right and interest under this Agreement shall
revert to the University.
v.
ADDITIONAL INSTALLATIONS
The University reserves the right to make installations of its own, crossing the installations of
City at such point as the University deems proper, and to grant other parties the right to cross
same.
All such crossings shall be made with due regard to safety and sound construction practices, and
with adequate and generally accepted clearances, and the University shall require any party to
whom it grants the right to install lines or other facilities crossing said utility corridor to make its
installations in such a manner so as not to interfere with the installations of City made pursuant
to this agreement. All such crossings shall be made at the cost and expense of the party who
installs the lines or other facilities which cross those already in place.
VI.
TEMPORARY CONSTRUCTION ACCESS
That in and for the consideration cited above University further grants to City and it successors
temporary working access to be used by the City in connection with the construction and
installation of the underground utilities mentioned hereinabove.
Such working access shall automatically in all things expire and ipso facto revert to the
University, within one (1) month after the underground water line is completely installed and
accepted by the University and City.
VII
DEPTH OF UTILITIES AND DUTY TO RESTORE
City understands and agrees that said underground utilities constructed hereunder shall be
installed to a minimum of thirty-six (36) inches below normal ground level at the time of
construction. It is further understood and agreed that this Right of Access Agreement is executed
on the condition that upon completion of the construction, repair, maintenance or use of said
underground utilities, the premises including the property to be used for temporary working
access will be restored to substantially the same condition as the same were prior to such
construction, in compliance with construction standards supplied by and/or agreed to by the
University, without cost to the University, its heirs and assigns. Upon restoration, the
University shall assume the right to use the surface of such area for any and all purposes
including the erection thereon of permanent buildings or structures. It is further understood and
agreed that City shall pay to University any damages that may arise to improvements from the
construction, repair, maintenance, or use of said utilities.
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VIII
NO FURTHER INTEREST
It is expressly understood and agreed that this Right of Access Agreement does not constitute a
sale of real property conveyance or easement of any part of the lands described above, or the
minerals there under, but grants only the right of access as specifically provided above.
IX
The terms, conditions, and provisions of this Agreement shall extend to and be binding upon the
parties hereto, their heirs, executors, administrators, successors, and assigns.
EXECUTED this 29th day of __ Ju_n_e __ , 2004.
ATTEST:
~i&~T>~ R ecca Garza, City Secretary
Anita Burgess'
Acting Assistant City Manager
APPROVED AS TO FORM:
~~pY
Assistant City Attorney
John/ Agreement/access Agreement-2
June 24, 2004
TEXAS JECH UNIVERSITY
hancellor and Chief Financial Officer
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