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HomeMy WebLinkAboutResolution - 050875C - Option Agreement - TX Highway Department - I27 - 05_08_1975KJ: dw RESOLUTION 029'75 G 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 OPTION AGREEMENT between the CITY OF LUBBOCK and the TEXAS HIGHWAY DEPARTMENT covering the furnishing of fill -material from Lake No. 59 for INTERSTATE-27 construction, 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 detail. Passed by the City Council this Rrhday of 1975. R OY BASS, MAYOR ATTEST,-. Treva Phillip , City Se retary-Treasurer APPROVED AS TO FORM: d O. Senter, Jr.-'CAty`Attorney A G R E E M E N T for purchase of ROAD MATERIAL (BORROW) by and between the STATE OF TEXAS STATE HIGHWAY DEPARTMENT and City of Lubbock (Name) P, 0. Sax 2000, Lubbock& Texas 79408 (Mailing Address Control 67-7-54 Project t 27-70307 Highway No. 18 27 Lo bbo�k County Type of Material: Earth Borrow Type of Proposed Work: Eca�nka�t�t This material or lesser amounts will be used only when haul makes it most economical source and may be secured on basis of lesser amounts or none. Form 1080 STATE OF TEXAS, COUNTY OF LUBBOCK This agreement is made this 8th Day of. May , 19 75 , by and between CITY OF LUBBOCK his/their executors, administrators, heirs, sucessors or assigns, hereinafter referred to as the Party of the First Part, and the State of Texas, State High- way Department, acting through its State Highway Engineer, hereinafter referred to as the Party of the Second Part. Whereas, preliminary investigations have indicated.that acceptable - material is available from lands hereinafter described, owned controlled by the Party of the First Part, and Whereas, the Party of the First Part desires to sell ehy or all of this acceptable material. Witnesseth: The Party of the First Part for, and in consideration of one dollar ($1.00) and other valuable considerations, receipt of_which is hereby acknowledged, does hereby agree to hold for the exclusive use of the Party of the Second Part, its agent or Contractor, all borrow material occuring on said lands, hereinafter described, and to sell any or all of this material that may prove acceptable to the Party of the Second Part at the unit royalty price of three cents ($0.03) per Cubic yard . The Party of the First Part hereby further agrees to indemnify and save harmless the Party of the Second Part from any and all damage, or loss, that may develop from.existing mortgages, leases, or liens on the lands hereinafter described. The Party of the Second Part agrees to pay for all accepted.mat.Q.- rial at the unit royalty rate designated above by the Party of the First Part. Royalty payment(s) will be made (1) ka (2) only once for each contract involved, such payment to be made after all material needed from this pit for such contract has been removed, (as: No royalty payment will be made for strippings of pit or other unsuitable material, whether at pit or delivered on the road. It is mutually agreed that payment will be made only for accepta- ble material, measured as provided for in the governing specification, and delivered at points designated by the duly authorized representative of the Party of the Second Part. The governing Specification requires that the mate- rial be measured in its original position and the volume computed in cubic yards by the method of average end areas. 2 Form 1080 It is further mutually agreed and understood that the agents of Contractors for the Party of the Second Part are to have free ingress to and egress from said lands, hereinafter described, for the purpose of excavating and removing said material. All fences,.gates and other existing improve- ments on the said lands, hereinafter described, after removal of all material desired by the Party of the Second Part, shall be placed in a condition com- parable in repair to their former state by the Party of the Second Part, its agent or Contractor. All equipment placed on said lands by the Party of the I Second Part, its agent or Contractor, to assist in the removal of said mate- rial, shall be removed by the Party of the Second Part, its agent or Contractor, upon the abandonment of the pit. It is further mutually agreed and understood that should the Party of the First Part at any.time consider the maintenance of watchmen or the erec- tion of additional fences, cattle guards, etc., against possible damage or loss during pit operations, all arrangements and costs incident thereto shall be the entire responsibility of the Partv of the First Part. Any such safeguards considered necessary by the Party of the Second Part shall be the entire re- sponsibility of the Party of the Second Part. This agreement shall expire $ year(s) from the date of execu- tion unless the Party of the Second Part at that time has under contract or has issued work order for construction of the project or projects hereinbefore de- scribed, in which event this agreement shall remain in effect until all such material desired by the Party of the Second Part for construction of said project or projects has been removed and the conditions hereinbefore stated have been fulfilled. Location and description of lands hereinbefore mentioned (Give such information as is necessary to establish the location and limits of the source of material in a manner satisfactory and understandable to both parties): Out of the Southwest corner of the Moutbwest 1/4 of Section 10, Block A, Lubbock County. The area is bounded ou the West faith IH 27 mid on the South vith.FM Highway 2641. Form 1080 3 I1T WITNESS WHEREOF, the Parties concerned hereto have set their hands_ the, date,, here in named. CITY -OF LUBBOCK STATE OF TEXAS Part of the Firs Part Party of the _Second Part Certified as being executed.for the pur- ALA 1055 pose and effect of activating and/or, RqY 4SS, 01V carrying out the orders, established AT'TE61r:, policies, or work programs heretofore A approved and authorized by the State, Highway Commission: Treva Phillips, it Sec.-Treas. (If married, both husband and wife BY should sign) Assistant State Highway Engineer PROS7jE ,AS TO RM Recommended for approval: Fred 0. Senter, Jr.,,CA Attorney Witness: Resident Engineer District Engineer Chief Engineer of Highway Design Engineer, Secondary Roads CERTIFICATION OF VALUE, after having made necessary investigation of the land I certify that the total royalty cost for the material to be used from this pit will not exceed the normal value of the land. District Engineer, State Highway Department 4 Form 1080