HomeMy WebLinkAboutResolution - 2022-R0403 - Amendment No. 4 Raw Water Lease with Lake Alan Henry Water DistrictResolution No. 2022-RO403
Item No. 5.11
September 27, 2022
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, the Fourth Amendment to the Raw Water
Lease by and between the City of Lubbock and the Lake Alan Henry Water District for the
lease of raw water. 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 City Council.
Passed by the City Council on the 27th day of September , 2022.
ATTEST:
Rebec a Garza, City Secr
APPROVED AS TO CONTENT:
Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
s, Deputy N.
RES- 4th Amendment Raw Water Agreement LAHWD
Resolution No. 2022-RO403
FOURTH AMENDMENT TO
RAW WATER LEASE
BETWEEN
THE CITY OF LUBBOCK
AND
THE LAKE ALAN HENRY WATER DISTRICT
The following provisions are intended by the parties to modify, amend, or clarify the
Raw Water Lease between the City of Lubbock ("Lessor") and the Lake Alan Henry Water
District ("Lessee") dated November 1, 2018, and attached hereto as Exhibit A. In the event it
should be determined that any of the following provisions conflict with the language in the attached
Raw Water Lease, the language in this Amendment shall govern as if the conflicting language
in the printed document had been deleted.
Section II.B. Acquisition of South Garza System Delete and replace with the following paragraph:
This Agreement shall be contingent upon the Lessee's acquisition of the South Garza
Water Supply System (the "South Garza System"). If the Lessee fails to acquire the
South Garza System within one thousand eight hundred and twenty-five (1,825) days,
then this Agreement shall automatically terminate.
By execution hereof. Lessor and Lessee agree to all of the above terms and conditions.
SIGNED ON THE DATES SHOWN BELOW:
CITY OF LUBBOCK
By:
Tray Payne, ayo
Date: September 27, 2022
ATTEST:
Rebec a Garza, City Sec t
APPROVED AS TO FORM:
LAKE ALAN HENRY WATER DISTRICT
ATTEST:
4,0 � L14
Ann Manning, ecretary
of Public Works
hilities