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HomeMy WebLinkAboutResolution - 2004-R0485 - Sewer Extension Agreement 0 ABX-Lubbock Ltd. - 10_11_2004Resolution No. 2004-RO485 October 11, 2004 Item No. 17 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Sewer Extension Agreement with ABX-Lubbock Ltd. (Midway companies) for sewer service at the Airborne/DHL freight facility at Lubbock International Airport. 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 filth day of ATTEST: Rebe ca Garza, City Secretary AS TO CONTENT: Loomis, :)r of Aviation APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section Sh/cityatt/Linda&ccdocs/Res-ABX sewer Agreement September 23, 2004 09-21-2004 12:20 From-LUBBOCK INTERNATIONAL AIRPORT 18067M 133 T-938 P-003/004 F-928 Water/Sever Extension Agreement (Lubbock Interuutlonal Airport) STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK § This Agreement is made and entered into by and between ABX — Lubbock Ltd hereinafter called "Applicant," and the City of Lubbock, Texas, a Texas Bone Rule Municipality, hereinafter called "City," on this 22st day of September , 2004, WITTNESET$: The undersigned Applicant desires to obtain a Sanitary Sewer (water or sanitary sewer) line extension to its premises located at: Lubbock international Airport, Lubbock, Texas Name of Project: Airborne Sanitary Sewer Extcnsion Mailing Address: 34 S. Wynden Dr., 3o Floor Houston, Texas 77056 Said tract being situated in the City of Lubbock, Lubbock County, 'Texas, Applicant hereby represents that it is otherwise unable to secure such service to said premises except through deferred line extension payments. Said payments in Iieu of payment in full of the entire water or sewer extension charge is hereby declared to be a rental charge for such service. Applicant further represents that the extension of such service is and would be a valuable improvement to irs premises and permit a better and more sanitary use of such premises. The Applicant and the City hereby agree as follows: (1) Applicant, jointly and severally, hereby agrees and promises to pay the City of Lubbock, at the City Hall in Lubbock, Texas, a deferred line extension cost in the sum of S10.650.00, plus 6% interest, to be paid in 36 equal payments of $313.58 per month. Each payment being due and payable upon the first day of each succeeding month after execution of this Agreement until the balance and interest are fully paid. Payments made pursuant to this Agreement shall be made in addition to any uniform water or sewer usage charges which may be assessed or imposed by the City of Lubbock for service to said premises or any lease or rental charges paid to the City by Applicant. (2) Upon failure of Applicant to make any such payment as and when the same shall become due, it shall become at once due, it shall, at the option of the City without notice, mature the indebtedness created hereby; and it shall become at one due and payable as to the balance due to the City, plus a reasonable attorney's fee if collection is enforced by or placed in the hands of an attorney for collection or enforcement. In the event of such default in payment by the Applicant, the City, and/or its agents, servants or employees are hereby authorized, without notice to Applicant (and Applicant hereby expressly waives notice) to discormeet the water or sewer extension serving Applicant's premises and thereafter the City shall be under not duty to furnish such services to Applicants premises until Applicant has paid all monies due the City, including the costs of disconnecting and reconnecting Applicant's service as estimated and/or determined by the City Engineer of the City of Lubbock. (3) Applicant agrees to at all times dcfcnd, indemnify and otherwise hold the City of Lubbock, its agents, servants and employees harmless of and from any and all claims, demands, actions, causes of action, suits at law and in equity and costs of whatsoever kind or nature which may grow out of or related to or in any manner be connected with the malting and carrying out of this Agreement, including, but not limited to, the construction, reconstruction, maintenance, disconnection, connection, and/or reconnection of the sewer extension to Applicant's premises. Resolution No. 2004-RO485 October 11, 2004 Item No. 17 H-21-2004 12:21 From-LUBBOCK INTERNATIONAL AIRPORT 19067753133 n T-938 P-004/004 F-929 (4) This Agreement is made subject to all applicable provisions of the Lubbock Code of Ordinances, resolutions, regulations, and/or rules with respect to water or sewer service, extension, connection, disconnection, reconnection, construction, reconstruction and maintenance and any other matters related hereto. (5) This Agreement and all obligations hereunder shall be binding upon the Applicant and the successors, beir5, assigns and occupants of Applicant. (6) Applicant reserves the right to prepay the principal of the deferred line extension cost, in whole or is part, at any time and from time to time, without premium or penalty. Any such prepayment shall be made together with the payment of interest accrued on the amount ofthe principal of the deferred line extension cost being prepaid through the date of such prepayment, and it shall be applied to the installments of the principal of the deferred line extension cost bereunder in the inverse order of maturity, Executed by the Parties hereto as of the date fast above written. CITY OF LUBBOCK Lou Fox, dry Manag APPROVED AS O CONTENT: Chester Carthel, Chief ngineer-Public Works APPROVED AS TO FORM: Assistant City Attorney APPLICANT: By: Title: B. R. Sanford, II Executive Vice President of General Partaer