HomeMy WebLinkAboutResolution - 2023-R0560 - Fifth Amendment To The Raw Water Lease, Lake Alan Henry Water District - 11/14/2023Resolution No. 2023-R0560
Item No. 7.11
November 14, 2023
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the act of the City Manager in executing, on behalf of the City of Lubbock, the
Fifth Amendment to the Raw Water Lease, by and between the City of Lubbock and the Lake
Alan Henry Water District, and all related documents is hereby ratified in full. 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 November 14, 2023
ATTEST:
Courtney Paz, City Secretary
APP�OVED AS TO
.�� � _ .���� .
Aubrey '�� . S ar, P.E., Director of Water'Qfi�ities
APPROVED AS TO FORM:
i '
,
Amy . ims, Dep Attorney
RES. ACKNOWLEDGE AND RADIFY- LAHWD Time Extension
Resolution No. 2023-R0560
FIFTH 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 two thousand one hundred and ninety (2,190) 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 �3ELOW:
CITY OF LUBBOCK
By: �
W. Jarrett kinson, City Manager
Date: �� 3'J Z v Z 3
ATTEST:
Courtney Paz, City Secretary
r_��r�Z�Z��
LAKE ALAN HENRY WATER DISTRICT
By:
Lindsay Masso o d hairperson
Date: /� •-.�.�—�3
ATTEST:
�
Ann Manning, Secretary
Wood Fr�ciir�'.E., Division Director of Public Works
Aubrey A. Sp�sr, P.E., Dir�ctor of Water Utilities
APPROVED AS TO FORM:
Amy Si s i orney
Resolution No. 2023-R0560
FYFTH 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 S, s� -- 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 two thousand one hundred and ninety (2,190) 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:
w.
Dat
�
Jarrett tkinson, City Manager
e: �� 30 2 023
ATTEST:
Courtney Paz, City Sec t
APPAOVED AS TO CO
!P.E., Division
LAKE ALAN HENRY WATER DISTRICT
By: /�� ���
Lindsay Masso o rd Chairperson
Date: c� - 02 � �.
ATTEST:
Ann Manning, Secretary
of Public Works
� �•
Aubrey A. pear, P.E., Director of Water Utilities
APPROVED AS TO FORM: