HomeMy WebLinkAboutResolution - 2003-R0319 - Amendment To Lease/License Number - West TX & Lubbock Railway Co. - 08/28/2003 (2)Resolution No. 2003-RO319
August 28, 2003
Item No. 20
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 021220 Agreement dated March 24, 2003 between the
City of Lubbock and West Texas & Lubbock Railway Company to allow for payment of a
one-time license fee for a sewer 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:
Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right of Way gent
APPROVED AS TO FORM:
Linda L. Chamales, Supervising Attorney
Office Practice Section
Lc/ccdocs/WTLC Amendment -021220
Resolution No. 2003-RO319
August 28, 2003
Item No. 20
I105IOW ►��� ►III
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 March 24, 2003, the parties hereto or their predecessors in interest
(if any), entered into an Agreement identified as Agreement No. WTLC 021220, which
covers a 18" underground Sewer Pine Line crossing near Brownfield Hwy. And
Milwaukee Street located at Mile Post 8+6864'E 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 Five Thousand Two Hundred Dollars ($5,200.00), 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.pe.rmitted by law,.
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
Title: MAYOR
FOR: West Texas & Lubbock Railway Company
/ By: 2:�& C-AZ4
RC cDOUGAL Stephen Gregory, Vice -President Marketing
ATTEST:
R4� � ee e 4 ,
Rebecca Garza, City ecreta
APPROVED AS TO CONTENT
Ed Bucy, Right -of -Way AA nt
APPROVED AS TO FORM:
Linda L. Chamales, Supervising Attorney
Office Practice Section