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HomeMy WebLinkAboutResolution - 2003-R0318 - Contract For The Lubbock Municipal Auditorium - Wardroup & Associates, Inc. - 08/06/2003Resolution No. 2003—RO318 August 28, 2003 Item No. 19 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 Amendment to Lease/License Number WTLC 020213 Agreement dated June 10, 2002 between the City of Lubbock and West Texas & Lubbock Railway Company to allow for payment of a one-time license fee for an underground water pipeline. Said Amendment 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 28th day of August , 2003. MAYOR ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right of Wa Agent APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney Office Practice Section Lc/ccdocs/WTLC Amendment -020213 Resolution No. 2003-RO318 August 28, 2003 Item No. 19 AMENDMENT THIS AMENDMENT, made this July 7, 2003, by and between West Texas & Lubbock Railway Company, a corporation of the State of New Jersey, (herein referred to as "Licensor") and the City of Lubbock, (hereinafter referred to as "Licensee") a company, whose address is P.O. Box 2000, 1625 13th Street, Lubbock, TX 79457. RECITALS: By instrument dated June 10, 2002, the parties hereto or their predecessors in interest (if any), entered into an Agreement identified as Agreement No. WTLR 020213, which covers a 10" underground Water Pipe Line crossing located at Mile Post 8+2700' at or near LUBBOCK, TX. The parties now desire to modify the Agreement by the payment of a one-time fee. AGREEMENT: NOW, THEREFORE, IT ISAGREED by and between the parties hereto as follows: ONE-TIME CHARGE. Effective as of August 1, 2003, the Licensee agrees to pay to the Licensor a one-time fee of Four Thousand One Hundred Dollars ($4,100.00), for the lifetime of this Agreement. ADMINISTRATIVE HANDLING CHARGE. Upon execution and delivery of this Agreement, the Licensee shall pay to the Licensor and administrative handling charge of ($0.00). AGREEMENT SUPPLIMENTAL This Amendment is supplemental to the basic agreement, as herein amended, and nothing herein contained shall be construed as amending or modifying the same except as herein specifically provided. EFFECT OF THIS AGREEMENT Except as herein modified, the provisions of the Original Agreement shall remain in full force and effect, and are not changed by this Agreement. It is also agreed that this agreement between Licensor and Licensee is a confidential agreement, and that Licensee shall not disclose to any third party, any of the terms or conditions of this agreement, without the prior written consent of the Licensor, .,.to the. extent permcbtted by lave,. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first herein written. FOR: City of Lubbock B: Prinifed e: M RC McDOUGAL Title: MAYOR ATTEST: eb cca Garza, City ecretar APPROVED AS TO,CONTENT Z'Z, 6 Ed Rucy, Ught- of-Wify Agent APPROVED AS. TO FORM: FOR: West Texas do Lubbock Railway Company B Stephen Gregory, Vice- sident Marketing Linda L. Chamales, upervising Attorney Office Practice Section