Loading...
HomeMy WebLinkAboutResolution - 2007-R0243 - Access Agreement - The Louise Hopkins Underwood Center For The Arts - 06/14/2007Resolution No. 2007-RO243 ,Tune 14, 2007 Item No. 5.11 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, an Access Agreement between the City of Lubbock and The Louise Hopkins Underwood Center for the Arts, and all related documents. Said Access Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 14th day of .Tune 2007. DAVID AA41LLER, MAYOR ATTEST: Re ecca Garza, City Secretary APPROVED AS TO CONTENT: Thomas Adams Deputy City Manager/Water Utilities Director Steve Claybrook Director of Environmental Compliance APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney mllccdocs/Access Agree -Underwood Arts Center -res June 5, 2007 Resolution No. 2007-80243 ACCESS AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK § That The Louise Hopkins Underwood Center for the Arts, a Texas Nonprofit Corporation, (hereinafter called "Owner"), for and in consideration of the mutual benefits to be derived from the activities described herein, the receipt and sufficiency of which is hereby acknowledged and confessed, does hereby grant to the City of Lubbock, its legal representatives, independent contractors, agents, employees, successors and assigns (herein collectively called "City"), the right to enter upon, under, along and across that certain real property being situated in Lubbock County, Texas, and being more particularly described on Exhibit "A", attached hereto (herein called "Property"), as is reasonably necessary to accomplish the activities or purposes set forth below, to wit: Before entering Owner's property for the purposes described below, the City will provide written notice at least fourteen (14) days in advance of entering Owner's property. Owner will have four (4) days to object in writing to the timing of such entry if such entry will interfere with a major event scheduled for the location. Owner's written objection shall include alternate dates for entry. Notice may be provided to Owner by certified mail, return receipt requested, Attn. Kathryn Oler, Executive Director, 511 Avenue K„ Lubbock, Texas 79401-1800, or by facsimile, Attn: Kathryn Oler, (806) 762-8622. Notice shall be deemed to have been provided to Owner for all purposes hereof when placed in the United States mail or delivered by telephonic facsimile, as provided above. 2. Maintenance and sampling of existing groundwater monitor wells for quality characteristics therein. The location of said monitor wells is attached hereto as Exhibit "B". 3. The City may conduct soil boring and sampling activities, consisting of conducting soil bore(s) to the depth deemed sufficient by the City. The locations for drilling the soil bores and the sampling activities related thereto are set forth in the attached Exhibits "Cl" and C2". After conducting such soil boring and sampling activities and at such time in which the City shall no longer need, in its discretion, such soil bore, the City shall refill such soil bore(s) and restore the level of the surface of the Property to the condition as existed prior to such soil boring activities. The project contemplated herein has been adopted by the City in its Capital Improvement Program, as indicated in the attached Exhibit "D". 4. The City may conduct any and all other activities upon and/or under the Property requested by the Texas Commission on Environmental Quality, so long as said activities shall not damage any existing improvements on the Property. As used herein, the term "improvements" shall be deemed to include any concrete and/or asphalt paving infrastructure or facility or landscaping material. The rights granted herein include the rights of ingress, egress, and regress at such times as are necessary to accomplish said purposes, including the reasonable right of ingress, egress, and regress of motor vehicles, equipment and personnel necessary to accomplish such activities. This Agreement shall terminate on the earlier to occur of (i) the issuance of a certificate of closure by the Texas Commission on Environmental Quality ("TCEQ") for TCEQ site No. 92462, No. 93153, No. 93157, No. 99635, and No. 93557; and (ii) the date that such access is no longer needed by the City, as is indicated by written notice provided by the City to Owner. Owner hereby represents to City that it is has taken all requisite corporate action to authorize the execution of this Agreement, that the party executing this Agreement on behalf of Owner has the requisite authority to execute such Agreement on behalf of Owner, and that this Agreement constitutes a binding agreement on behalf of the Owner. The terms, conditions, and provisions of this Agreement shall extend to and be binding upon and inure to the benefits of the parties hereto, their heirs, executors, administrators, successors, and assigns. This instrument is executed this 14th day of .lune , 2007. THE LOUISE HOPKINS UNDERWOOD CENTER EOR THE ARTS In J. /Lr (- t�-w Name: —Jae�- J . h, Title: ( li CITY OF LUBBOCK, TEXAS DAVID ATTEST: kobecca Garza, City Secretaqd APPROVED AS TO CONTENT: dams Deputy City Manager/Water Utilities Director Steve Claybrook Director of Environmental Compliance APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney CITYATT/Richard/Access Agreement a Lubbock Regional Arts Center -Final May 18, 2007 Exhibit "A" Resolution No. 2007—RO243 L---------- Y 778 far Rv c Q Former city water 4th Street well WSW #2 LPST #92462) UST 5 � LP&L W I QI LPST #93557 Post • i Office 17-119 Garage an city shop { LPST #93157 ) Q U ST % }� .o 5th Street UST a ?��� UST m d� N City C Borden fid,, Fire Borden Plant ��, Station Shop 4 LPST #99635 LPST #94334 LPST #93153 um UST � m Nx f 6th Street Propeety owne by the Louise Hopkins Arts Underwood Center for the z U 75' 225' Scale: 1" = 150' °en^eday LP&L Plant 1 Pr°iea M. Janes Site Ma effii 3572 orawn by M. Jones Eadeit °')`ec`ed by. A. spear LP&L Plant 1 Lubbock, Texas LPST No. 93557, 831577W241" Enpratec !Hibbs &Tadd Dare: May 2007 6314 Genoa Aventre, 5uRe E Lubbock. taxes 7 f605) 196 1100 1 {&45) 791-0 = 150' 778 far 4th Street Exhibit "B" Resolution No. 2007—R0243 e a MW -24 MW --25 MW -30 MW -4 M W-6't� 9 M W-31 Former c y water M -32 MW -33 well S #2 LPST 9 462} MVI -22 LF&L MW -34 Al 9 LPST #93557 MW -5 Garage and city shop MW -19 LPST #93157 MW-35, --iMW-1 MW - 5th Street MW -21 UST MW -17 LMW 9 9MW-. RAW -11A LMW-8 LMW-6 Borden � Borden Shop a Plant LPST #99635 < 4th Street Ei MW -7 MW -12 MW -14 MW -15 o� �rvl a I JQ' m� Mw-', } d2a uue a� CP� d MW -20 MW- LPST #94334 MW -18 C N Li -23 IMX H 6th Street MW -26 N LEGEND: S Monitor Well NOTES: Borden property now owned by the Louise Hopkins Underwood Center for the Arts fl 75' 225' Scale: 1"= 150' Designed by M, Jones LP&L Plant 1 Monitor Well Locations e T PI 3572 Dram byy M. Janes EMihil ChiI b7 A. Spear LP&L Plant 1 Lubbock, Texas No. 93557, 93157 Enprotec 1 Hibbs & Todd Date: May 2047 6310GerwAvenue,5ude✓ Lubbock. Teres 79424 Spate:LPST 1" =150' i'W617e4-11001(406)794-0778 ray Former city water well WSW #2 LPST #92462) Post Office TSB -29+ TSB— Exhibit "Cl" Resolution No. 2007—RO243 TSB-28 TSB -15 TSB1 \ TSB -27 TSSB-8 � gg B-1 q*TSSB- #,t` TSS TSB -17 TSB 112# I LP&L TSB -18 TSB -13 T56-1 LPST #93557 TSB -2 SB -2+ TSB -9 �' SB -10 � Garage1\ and city shop TSB #0 T B-1 LPST #93157 TSB -25 UST-TSSB-6,+ #TSB -8 : I TSB -3 I ITS- + TSB -7 I I TSSB-5 TSB -24 5th Street TSS8-10_ UST TSB -6 TSS8-11I TSB -23 > i N !+� TSB -21 TSB -22 T,SB-3 ♦ f x TSB -5 6th Street LEGEND: } Proposed soil boring location TSB - Proposed surface soil (0-5 ft) boring location TSSB - Proposed subsurface soil (0-20 ft) boring location 4th Street IW N Vaoc / 2fy f ti © �s 225• Scale: 1"= 154' oesgnedbYL M. Jones G Enprotec / Hibbs & Todd Project 3572 Dram by: M pones a Borden LP&L Plant 1 Lubbock, Texas LPST No. 93557, 93157 Borden ¢ Plant Shop LPST #99635 LPST #94334 UST T SB i4 > i N !+� TSB -21 TSB -22 T,SB-3 ♦ f x TSB -5 6th Street LEGEND: } Proposed soil boring location TSB - Proposed surface soil (0-5 ft) boring location TSSB - Proposed subsurface soil (0-20 ft) boring location 4th Street IW N Vaoc / 2fy f ti © �s 225• Scale: 1"= 154' oesgnedbYL M. Jones Plant 1 Proposed Sail Boring Locations Enprotec / Hibbs & Todd Project 3572 Dram by: M pones €xhibit C0` J Checked by A. spear LP&L Plant 1 Lubbock, Texas LPST No. 93557, 93157 dale' May 2007 6310 Genoa Avenue, Sude E iea�l Lubbock,794-11001 �aosf 79cons,a,: Scale. 1"=150tt Exhibit "C2" Resolution No, 2007-RO243 Activity Description Soil contamination delineation activities include: I. Mobilize an air rotary drill rig for the installation of forty soil borings. 2. Soil borings not associated with the assessment of the area near former underground storage tank (UST) systems will be advanced to a depth of 5 -feet below ground surface. Those soil borings associated with the assessment of a former UST system will be advanced to a depth of 20 -feet below ground surface. The surface soil (5 -ft depths) borings may be extended further if contamination is evident from field screening activities. 3. Collect and submit soil samples to a laboratory for analysis for RCRA-8 total metals, PCBs, volatile organic compounds (VOC), and/or poly -aromatic hydrocarbons (PAH), depending on historical site activities or sampling data in the vicinity of each boring location. Exhibit "D" Resolution No. 2007-80243 Project Name Sth & ] Remediation Project Number 8073 Managing Department Environmental Compliance Project Manager Dan Dennison Project Classification Ongoing Maintenance Project Status Approved Project Scope The nature and extent of soil and groundwater contamination must be determined and contaminants above specific state -mandated levels (specified for each individual contaminant) must be removed according to law - a process that will require $800,000 to $1.4 trillion to achieve. A new alternative, Municipal Settings Designation (MSD), is proposed. If accepted by TCEQ, actual remediation of the groundwater could be avoided, and remaining stages of the project, including additional delineation assessment and Affected Property Assessment Report and fees related to the MSD, could be completed for approximately $421,000. Project Justification [Note: This ongoing project is presently funded in 8518-8302.1 Groundwater under this site was contaminated by underground fuel tattle leaks by LP&L, Fire Administration, Fleet Services, and possibly Borden Additonally, LP&L had soil contamination from multiple substances, including PCBs. In September and in December 2005, TCEQ ordered the City to take over environmental assessment activities and remediate the contamination. TCEQ originally assumed responsibility, but non -petroleum soil contaminants from LP&L allegedly secondarily contaminated the groundwater plume, so the agency turned it back to the City. Remediation and assessment requirements are not optional and penalties of up to $32,500 per day can be assessed for non-compliance. Project History $50,000 was allocated at the end of 2005 to fund environmental evaluation of a large volume of analytical data gathered on the site by TCEQ during the last 15 years. Significant additional sums will be required as the project matures. Unappropriated Planning YearsTOW Apprapriation Detail Appropriation to Hate FY 2006-07 FY 2007-08 FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 Design end Engiaeermg 0 150,000 200,000 0 75,000 0 0 425,000 Total Project Appropriation 0 150,000 200,000 0 75,000 0 0 425,000 Unayprornirtod Planning Yewn Funding Detail Funding to Date FY 2006-07 FY I007 -W FY 2008-09 FY 2009.10 FY 2010-11 FY 2011-12 Total Funding 0 1SO,OW 0 0 0 0 0 0 0 200,000 0 0 0 0 200,000 0 0 0 0 75,000 0 0 75,000 Total Funding Sources 0 150,000 200,000 0 75,000 0 a 425,000 Public Works 215 FY 2006-07 to 2011-12 Capital Improvement Program