HomeMy WebLinkAboutResolution - 2008-R0266 - Feasability Access Agreement With Gary Schaffner - 08_12_2008Resolution No. 2008—RO266
August 12, 2008
Item No. 5.8
RESQLUTIQN
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
irected to execute for and on behalf of the City of Lubbock, a Feasibility Access
greement by and between Gary Schaffner as Tenant and the City of Lubbock, regarding
roperty described as the West One-half (W/2) of Section 72, Block S, Lubbock County,
exas, and all related documents. Said Feasibility Access Agreement is attached hereto
id incorporated in this Resolution as if fully set forth herein and shall be included in the
iinutes of the Council.
by the City Council this 12th day of August 2008.
TOM MARTIN, MAYOR
TTEST:
:D AS TO CONTENT:
.sooner,
-of-Way Agent
City Manager/Director of Water Utilities
AS TO FORM:
O�
, First Assistant City Attorney
ecum-Feasibility Access Agmt.res
4, 2008
Resolution No. 2008-R0266
FEASIBILITY ACCESS AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
The City of Lubbock, Texas (the "City"), contemplates entering into a Contract of
Sale (herein so called) for the purchase of the West One-half (W/2) of Section 72, Block
S. Lubbock County, Texas (the "Property"), owned by Ina Jo Schramm Lincecum
("Owner");
WHEREAS, Owner has leased, for the purposes of farming the Property, the
Property to Gary Shaffner ("Tenant");
WHEREAS, in the contemplated Contract of Sale, the Owner has granted access
to the Property to the City to conduct a feasibility review analysis of the Property;
WHEREAS, Tenant now desires to grant access to the Property to the City, under
the terms and conditions hereof.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants made herein, the receipt and sufficiency of which is herein stipulated by the
parties, the City and Tenant hereby agree as follows:
1. Tenant hereby grants to City, its employees, agents and/or independent
contractors (for the purposes of Paragraph 1 thru 3, below, unless otherwise specified,
the term "City" shall include the employees, agents and independent contractors of City)
the right to enter upon the Property and conduct such tests, examinations, studies,
investigations, and inspections of the Property the City deems necessary or advisable,
including but not limited to studies or inspections to determine the existence of any
environmental hazards or conditions, to be performed at City's sole cost. Further, the
Page 1 of 3 — Lincecum Feasibility Access Agreement
City is granted the right to conduct engineering and/or market and economic feasibility
studies of the Property, and to conduct a physical inspection of the Property, including
topographic surveys and inspections that invade the surface and subsurface of the
Property.
2. The City of Lubbock, Texas, shall pay to Tenant the reasonable value of
any damage done to growing crops or any other property of Tenant caused by the City in
exercising its rights granted hereunder.
3. Tenant hereby expressly stipulates, for all purposes and intents, that the
2008 Farm Lease, dated July 7, 2008, by and between Owner and Tenant, expires or
otherwise terminates on or before December 31, 2008.
4. This Agreement shall be effective upon the execution of the Contract of
Sale by the City. This Agreement shall be null and void in the event the Contract of Sale
shall not have been executed by the City on or before September 1, 2008.
TENANT:
a, W/�
GAR 54
Executed by Tenant on the * day of August 2008.
CITY OF LUBBOCK
T M MARTIN, MAYOR
Executed by City of Lubbock on the 12th day of August 2008.
ATTEST:
ebe ca Garza, City ecretary
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APPROVED AS TO CONTENT:
omas Adams, Deputy City Manager
APPROVED AS TO FORM:
Richard K. Casner, First Assistant City Attorney
Richard:LincecumFeasibilityAccessAgmt.080108
Page 3 of 3 — Lincecum Feasibility Access Agreement