HomeMy WebLinkAboutResolution - 2020-R0070 - Agreement Termination And Release With Richard Adams-Treated Wastewater Effluent - 02/25/2020 Resolution No. 2020-R0070
Item No. 7.14
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 Termination and
Release by and between the City of Lubbock and the Richard Adams for the Agreement
Regarding Treated Wastewater Effluent dated on or about May 25, 2017, and all related
documents. Said Agreement Termination and Release 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 February 25, 2020
DANIEL M. POPE, MAYOR
ATTEST:
Rebec a Garza, City Secr try
APPROVED AS TO CONTENT:
Aubrey A. Spe r, P.E., Direct r of Water Utilities
APPROVED AS TO FORM:
Amy L. ms, Deputy Ci ttorney
Resolution No. 2020-R0070
AGREEMENT TERMINATION AND RELEASE
This Agreement Tennination and Release (the "Contract"), is dated effective February
25, 2020, and is by and between the City of Lubbock, Texas, a Texas home rule municipal
corporation (the "City") and Richard Adams ("User").
WHEREAS, pursuant to that certain Agreement Regarding Treated Wastewater Effluent
(the "Agreement"), dated on or about May 25, 2017, Resolution No. 2017-R0188, Richard
Adams entered into the Agreement to accept wastewater effluent to irrigate Farm Number 4357
(the "Land");
WHEREAS, User no longer leases the Land and no longer wishes to utilize the
wastewater pursuant to the Agreement;
WHERAS, the current owner of the Land has executed a Fain Lease with Brandon
Petree d/b/a Petree Farms, Inc. (the "New Lessee");
WHEREAS, the City wishes to terminate the Agreement in order to execute a new
agreement with the New Lessee;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is herein acknowledged, The City and User hereby agree as follows:
1. For and in consideration of the mutual promises and covenants made herein, The City
and User hereby terminate and cancel the Agreement effective as of February 25, 2020.
2. IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS MADE
HEREIN, THE CITY AND USER, TO THE FULLEST EXTENT PERMITTED BY LAW, DO
HEREBY RELEASE EACH OTHER, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES,
ELECTED OFFICIALS, AGENTS, SUCCESSORS AND ASSIGNS FOR, FROM AND
AGAINST ANY AND ALL OBLIGATIONS, RESPONSIBILITIES OR CLAIMS UNDER, OR
WHICH MAY ARISE DIRECTLY OR INDIRECTLY FROM, OR ARE RELATED TO, THE
AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY OBLIGATION ON THE
PART OF USER.
3. User represents and warrants to the City that she has the full power and authority to make
and perform all agreements, as provided herein.
4. THIS CONTRACT IS TO BE CONSTRUED UNDER, AND GOVERNED BY, TEXAS
LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT
APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS
OF THE PARTIES CREATED BY THIS CONTRACT ARE PERFORMABLE, AT LEAST IN
PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT
PURSUANT TO TIIIS CONTRACT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL
EXCLUSIVELY BE IN COURTS OF COMPETENT JURISDICTION LOCATED IN
LUBBOCK COUNTY, TEXAS.
5. This Contract represents the entire and sole agreement between User and the City with
respect to the subject matter hereof and supersedes any and all prior negotiations,
understandings, representations or other agreements, whether written or oral. This Contract may
not be modified or amended except in writing and duly authorized and executed by each party
hereto.
6. If any provision of this Contract is declared invalid or unenforceable, such provision shall
be deemed modified to the extent necessary to render it valid and enforceable so long as said
modification is reasonably within the intent the parties as originally expressed. In the event such
provision may not be so modified, the unenforceability or invalidity of any provision shall not
affect any other provision of this Contract, and this Contract shall continue in force and effect as
if such provision had not been included in this Contract.
IN WITNESS WHEREOF, the parties have executed this Contract by their
duly authorized representatives as of the date first written above.
CITY OF LUBBOCK:
Daniel M. Pope, M OR
R'o )X7
Reber a Garza, City Secre ry
APPROVED AS TO CONTENT:
Aubrey Spe , P.E., Jirector of Water Utilities
APPROVED AS TO FORM:
Amy 9f, Deputy City Attorney
USER:
By. 9�-j
Richard Adams