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Home My WebLink AboutResolution - 2020-R0071 - Treated Wastewater Effluent With Petree Farms - 02/25/2020 Resolution No. 2020-R0071 Item No. 7.15 February 25, 2020 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement Regarding Treated Wastewater Effluent by and between the City of Lubbock and Brandon Petree d/b/a/ Petree Farms for Farm Number 5471, and all related documents. 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 City Council. Passed by the City Council on Februal:y 25, 20?0 DANIEL M. POPE, MAYOR ATTEST: Rebe ca Garza, City Settai APPROVED AS TO CONTENT: acj'wl Aubrey A. S ar, P.E., Director of Water Utilities APPROVED AS TO FORM: Amy L. City Attorney Resolution No. 2020-R0071 STATE OF TEXAS § COUNTY OF LUBBOCK § AGREEMENT REGARDING TREATED WASTEWATER EFFLUENT WHEREAS, Brandon Petree d/b/a Petree Farms of 5810 CR 3700, Slaton, Texas, 79364 (herein called "USER") is the owner, lessee or tenant of land described as Farm Number 4357(herre�ein�coaalied "Land"); and WHEREAS, the City of Lubbock, Texas (herein called "OPERATOR") operates and manages a treated wastewater effluent disposal site reference to which is hereby made for all pertinent purposes;and WHEREAS,User leases the Land for agricultural use; and WHEREAS,User desires to take treated wastewater effluent from Operator who disposes, in part,of such treated wastewater effluent at the Lubbock Land Application Site.NOW THEREFORE: USER AND OPERATOR CONTRACT AND AGREE AS FOLLOWS: 1. User has 320 acres that comprises the Land,which will be irrigated by treated wastewater effluent furnished by the Operator. Operator shall furnish treated wastewater effluent to the User at no charge to be used on the Land as permitted in the Operator's TCEQ Permit No. 10353-02 (herein called the"Permit"). 2. User agrees to utilize and dispose of treated wastewater effluent furnished by the Operator under this agreement solely in accordance with all terms and conditions of the Permit, the associated Groundwater Remediation Plan, and any other related permits governing the disposal of treated wastewater effluent by agricultural irrigation. Terms include, but are not limited to, establishing tailwater control facilities and establishing measures that preclude the discharge of effluent to ground and surface waters. User also agrees to follow cropping plans authorized in the Permit, which call for a continuous cropping system such as a cotton/wheat rotation. User herein grants the Operator all rights of entry to the Land and the permission to drill and periodically monitor test well(s), which may be required by the Permit, the associated Groundwater Remediation Plan, or any other related permits governing the disposal of treated wastewater effluent. The treated wastewater effluent supplied to User pursuant to this Agreement shall only be utilized solely on the Lands and shall not be otherwise transferred or utilized on any other property. 3. User understands and agrees that the provision of treated wastewater effluent is interruptible and may cease at any time due to decisions unilaterally made by the Operator, or regulatory directive. User agrees to take the treated wastewater effluent as-is at the point of delivery identified in Exhibit A,which is incorporated as if fully set forth herein. Operator may deliver the wastewater effluent hereunder at a rate of delivery deemed advisable by it, in its sole discretion. 4. THE OPERATOR MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY OF THE TREATED WASTEWATER EFFLUENT SUPPLIED HEREUNDER, AND USER HEREBY RELEASES OPERATOR AND AGREES TO INDEMNIFY AND HOLD HARMLESS OPERATOR, ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DEMANDS, LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION,ALL COSTS AND EXPENSES IN THE DEFENSE THEREOF,ARISING FROM OR RELATED TO THE USE OR CONSUMPTION,IN ANY WAY,MANNER OR FORM,THE WASTEWATER EFFLUENT SUPPLIED HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY SUCH CLAIMS, LOSSES OR DAMAGES CAUSED, IN WHOLE OR IN PART,BY THE NEGLIGENCE OF ANY KIND,TYPE OR DEGREE OF OPERATOR. 5. The initial term of this agreement shall be for two (_2_)years commencing no later than the date of execution of this Agreement. Thereafter,this Agreement shall be automatically renewed for one (1) successive term of five(5)years unless canceled in writing by either party no less than ninety (90)days prior to expiration. 6. Operator reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, Operator shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to,this document,the former shall control. Executed this-25t1�day of Febulary 2020. CITY OF LUBBOCK: ��4v Daniel M. Pope,MAYOR kebc.ca Garza, City Secret APP OVED AS TO CONTENT: Aubrey Spf�',P.E. irector of Water Utilities V APPROVED AS TO FORM: my imsrbepiuitykeom—ey USER: By: [Signature]