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HomeMy WebLinkAboutResolution - 2016-R0452 - Approve LP&L ROE For Substation Near TTU - 12_15_2016Resolution No. 2016-RO452 Item No. 6.21 December 15, 2016 RESOLUTION WHEREAS, Lubbock Power & Light is the municipally owned electric utility of the City of Lubbock ("LP&L"); WHEREAS, LP&L is in need of lands in the vicinity of Texas Tech University ("TTU") to construct and operate a substation and associated electric transmission and distribution infrastructure ("Substation"); WHEREAS, TTU and LP&L are exploring potential locations for the Substation and have identified a site that may be acceptable; WHEREAS, to determine if the site is satisfactory for the Substation, LP&L will need access to the site to conduct various due diligence activities; WHEREAS, TTU is amenable to providing LP&L such access, under the terms and conditions of that certain Right of Entry ("ROE"), as described below; WHEREAS, TTU desires that the City Council of the City of Lubbock ("Council") and the Electric Utility Board of the City of Lubbock ("EUB"), to both approve the ROE; NOW THEREFORE: 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, that certain Right of Entry (herein so called), by and between Texas Tech University, and the City of Lubbock, acting by and through the City Council and the Electric Utility Board, as attached hereto and incorporated herein as though set forth fully herein in detail. Passed by the City Council this 15thday of December , 2016. �I Daniel M. Pope, Mayor ATTEST: Reb ca Garza, City Secretar APPROVED AS TO CONTENT: David McCalla, Director of Electric Utilities APPROVED AS TO FORM: Richard Casner, LP&L General Counsel Resolution No. EUB 2016-R0050** RESOLUTION WHEREAS, Lubbock Power & Light is the municipally owned electric utility of the City of Lubbock ("LP&L"); WHEREAS, LP&L is in need of lands in the vicinity of Texas Tech University ("TTU") to construct and operate a substation and associated electric transmission and distribution infrastructure ("Substation"); WHEREAS, TTU and LP&L are exploring potential locations for the Substation and have identified a site that may be acceptable; WHEREAS, to determine if the site is satisfactory for the Substation, LP&L will need access to the site to conduct various due diligence activities; WHEREAS, TTU is amenable to providing LP&L such access, under the terms and conditions of that certain Right of Entry ("ROE"), as described below; WHEREAS, TTU desires that the City Council of the City of Lubbock ("Council"), also approve the ROE, and it is anticipated that the Council will consider this matter at a later meeting; NOW THEREFORE: BE IT RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE CITY OF LUBBOCK: THAT the Chairman of the Electric Utility Board of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, acting by and through the Electric Utility Board, that certain Right of Entry (herein so called), by and between Texas Tech University, and the City of Lubbock, acting by and through the City Council and the Electric Utility Board, as attached hereto and incorporated herein as though set forth fully herein in detail. BE IT FURTHER RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE CITY OF LUBBOCK: THAT this resolution shall be void and of no force and effect unless the City Council of the City of Lubbock shall authorize the execution of the Right of Entry on or before January 31, 2017. Passed by the Electric Utility Board this 15th day of November, 2016. Greg for, irman ATTEST: Ja e Conwright, Board Secretary APPROVED AS TO CONTENT: David McCalla, Director of Electric Utilities APPROVED AS TO FORM: Richard Casner, L &L General Counsel Resolution No. 2016-R0452 RIGHT OF ENTRY Red Raider Station, Lubbock County, Texas Texas Tech University ("TTU-) grants the City of Lubbock. Texas. a Texas home rule municipal corporation, acting by and through its Electric Utility Board and City Council (referred to collectively herein as "LP&L") a non-exclusive right of access to lands indicated on the attached Exhibit "1" (the "Premises-) as LP&L may need to access, on the following terms and conditions: 1. Purpose: The purpose of this Right of Entry is to allow LP&L to access and be present on the Premises for the Permitted Activities, as defined below. 2. Permitted Activities: 1 P&1. may enter, through lands owned or controlled by 77U, the Premises to perform due diligence for the potential construction and lease and operation of a ne�N electrical substation, and related infrastructure, known as the Red Raider Station. 'The Permitted Activities (herein so called) granted by this Right of Entry are as follows: • Surveying, • 'Topographical mapping. • Geotechnical testing, including activities that may disturb or invade the surface of the Premises, • Environmental investigations, including activities that may disturb or invade the surface of the Premises, and • An} other activity directly related to LP&.L's necessary due diligence for Red Raider Station. Any other activities not related to the due diligence of the Red Raider Lease are specifically prohibited. LP&t. shall coordinate with the TTU Assistant Vice President. Operations Division concerning dates and times for access. 3. Term: This Right of Entry is valid for (i) nine (9) months from the date of the last signature on this document: (ii) six (6) months from the effective date of an option to lease the subject tract of real property. by and between TTU and I -P&L: or (iii) until such time as the Red Raider Station Lease is tally executed, whichever is the first to occur. 4. No Cost to TTL): LP&L's exercise of the privileges granted by this Right of Entry is at no cost to TTU. 5. Repair of Damages Caused; Removal of Equipment: LP&L shall promptly repair and remediate any damage or destruction of the Premises or improvements located on the Premises by LP&L or, at LP&L's election. pay TTU money in an amount sufficient to compensate for any loss or damage related to LP&L's acts under this Right of Entry sustained by TTU or for which TTU is liable to third parties. The determination of what is a sufficient amount will be by agreement of the parties, or. if they cannot agree. Page ! of o by written estimate of a third party who is chosen by mutual agreement of LP&L and TTU. if the Red Raider Lease is not executed. then upon expiration or termination of this Right of Entry, I.P&I, will remove all tools, equipment, and other property brought onto the Premises at its sole cost. 6. Compliance with Law: LP&L shall comply with all applicable federal. State. and local laws and regulations. 7. Indemnification: To the extent permitted by Texas law. LP&L agrees to defend. indemnify and hold harmless TTU. the Texas Tech University System, and the System's component institutions, and their respective successors and assigns. the Board of Regents of Texas "Tech University System, and the agents. employees directors and officers of the foregoing, against any claims. causes of action, costs, expenses (including reasonable attorneys' fees) liabilities, or damages suffered by such parties, arising out of or in connection with any (a) negligent act or omission. or intentional misconduct, on the part of L.P&L or any of its employees or agents, or subcontractors, in the performance of its obligations under this Agreement, or (b) breach by LP&L of any of its representations. covenants or agreements in this Right of Entry. TTU shall give prompt written notice to LP&L of each claim giving rise to an indemnification obligation under this Right of Entry, specifying the amount and nature of any such claim. 8. No warranh,: TTLI makes no warranty, express or implied. concerning the suitability of the Premises for the Red Raider Station. or as to any hazards, environmental or otherwise. present at the Premises. TTU does warrant to LP&L that the Premises is free from rights of third parties and that only the consent of 17U is required for LP&L to enjoy all of the rights it is granted herein. 9. Governing Law: This Right of Entry is governed by. construed under, and enforceable in accordance with, the laws of the State of Texas. without regard to its conflict of laws principles. Lubbock County, Texas shall be the sole venue for any action arising under this Right of Entry. 10. Public Information Act. I,P&L acknowledges its understanding that TTU is a public institution of higher education in the State of Texas and is subject to requests for information under the Texas Public information Act (Texas Government Code. Chapter 552). Linder this Act, there are exceptions to requests for disclosure. which include but are not limited to, information confidential by law and certain commercial information and trade secrets. The Texas Attorney General's office makes the final determination whether or not requested information is to be disclosed on a case by case basis after reviewing the materials and assertions against disclosure. if proprietary information is requested, the Act requires TTU to provide written notice to the party whose proprietary information may be subject to the request. and that party may submit information to the Texas Attorney General to establish that disclosure of the information would cause substantial competitive harm. Page 2 of 6 11. Survival of Terms. The parties agree that certain terms, including indemnification. repair. and remediation obligations, which by their nature are intended to survive the termination or expiration of this Right of Entry, do survive. Attachments: Exhibit 1 Depiction of Premises Texas Tech University Title President Date: -- - -- Page 3 (W 6 ELECTRIC UTILITY 3-13AR.'ll By: GREG TAY-rOR, PAIRMAN OFTHF l,'1,FC'HZl('tTll.lTY BO.-MU) Date:-Mave,m bu- 1�/ zolb ATTEST: Je - s Conwriudit, Secretain, APPROVED AST',) 4- xmq7�a David McCalla. Dicecior i Jlii:k-:i Richard K. &asner. G�icral COLins;,l 4 of 0 CITY OF LUBBOCK By: DAN PC)PS. MAYORkbF THE �"TFY(V Date: December 15, 2016 A1"1-1-,S V: RebeCa Garza, City Secretary David \111cCalla. A IIROVE'DAS'" Wk�'\ Richard K. Casi-ler. Genera! COLM',,:l Exhibit "I" to Right of Entry rir! � .-��-' ■may �- 1 T 4TH STREET 84 r r-.'. CONCEPTUAL ANALYSIS PROPOSED TOMS 77n UHtwJlFrrr sysnbr LPAL SUBSTATION LOCATION 160 Feet Green highlighted area above, which is located in Lubbock, Texas, ap- proximately indicates the "Premises," as defined in the Right of Entry between TTU and LP&L.