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Home My WebLink AboutResolution - 2020-R0196 - Termination and Release, Kim SherrodResolution No. 2020-RO196 Item No. 7.9 June 23, 2020 RESOLUTION Bl IT 1tF;SOI.VED BYTHE HE CITY COUNCIL OF THF,. 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 01' Lubbock. an Agreement Tcri-nination and Release for provision of treated wastewater effluent at Farm Number 5799, by and between the City of' Lubbock and Kim Sherrod. and related documents. Said Agreement Termination and Release is attached hereto and incorporated ill this Resolution as if hilly set forth herein and shall be included in the minutes ❑f the City C `cauncil. Passed by the City Council on this June 23, 2020 DANIEI., M. PO1'I?, MAYOR ATTEST: iebe ca Garza, Cit y ecaGy Secr ary APPROVED AS TO CONTENT: Aubrey A. S r, P.E.. Direct r of Water Utilities APPROVED AS TO FORM: R B oke. /Assstantity A Cttorney RFS.Wastewater Agreement Termination and Release — Kim Sherrod 6. 1 1.20 Resolution No. 2020-R0196 AGREEMENT TERMINATION AND RELEASE This Agreement Termination and Release (the "Contract'), is dated effective June 23, 2020, and is by and between the City of Lubbock, Texas, a Texas home rule municipal corporation (the "City") and Kim Sherrod ("User"). WHEREAS, pursuant to that certain Agreement Regarding Treated Wastewater Effluent (the "Agreement'), dated on or about May 25, 2017, Resolution No. 2017-R0187, attached hereto as Exhibit "A," Kim Sherrod entered into the Agreement to accept wastewater effluent to irrigate Farm Number 5799 (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 Farm Lease with Blake Petree (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: For and in consideration of the mutual promises and covenants made herein, The City and User hereby terminate and cancel the Agreement dated on or about May 25, 2017, Resolution No. 2017-R0187, attached hereto as Exhibit "A," effective as of June 23, 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 User has the full power and authority to make and perform all agreements, as provided herein. 4. THIS CONTRACT 1S 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 THIS 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: — "y Daniel M. Pope, MAYOR ATTEST: Retie ca Garza, City Seer ary APPROVED AS TO CONTENT: 0" 'z' Aubrey Spear .E., Virector of Water Utilities USER: Kim Sherro APPROVED AS TO FORM: Ryan ooke Assistant City Attorney Other Real Property- Wastewater Agreement Termination- Sherrod 6.11.20 Resolution No. 2017•RO187 EXHIIRIT A Item No. 6.I8 May 25, 2017 RESOLUTION BE IT RESOLVED BY THE CITY COUNCII. OF THF. CITY OF LUBBOCK THAT the Mayor of the City of Lubbock is hereby authorized and directed 10 execute for and on behalf' of the City of Lubbock. an Agreement for provision of treated wastewater effluent at Fame Number 5799, by and between the City of Lubbock and Kim Sherrod, and related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall he included in the minutes ofthe City Council. Passed by the City Council ATTEST: C, Re ca Garza, City Secretup� 2nF7 DANIEL M. POPE, MAYOR APPROVED AS TO CONTENT: Aubrey A. Spe . P.E., Directorbf Water Utilities APPROVED AS TO FORM: y L. Si s, Deputy City At mey rWS W�srewmcrngmcmun-\5.57�M) (5-a9-17) Resolution No. 2017-RO187 STATE OF'rrXAS COUNTY OF LUBBOCK AGREEMENT REGARDING TREATED WASTEWATER EFFLUENT WHEREAS, Kim Sherrod of 1908 North FM 1729, Lubbock, Texas, 79403 (herein called "USER") is the owner, lessee or tenant of land described as Farm Number 5799 (herein called "Land" )l and WHEREAS, the City of l.uhhock.'fesas (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 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: USF,R AND OPERATOR CONTRACT AND AGREE AS FOLLOWS: I. User has 160 acres that comprises the Land. which will be irigxted by treated wastcwnlet effluent furnished by (he 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 Permil No. 10353-02 (herein called the "permit'). I Uscr agrees to utilize and dispose of treated wastewater effluent furnished by the Operator under this agreement solely in accordance with all turns and conditions of the Permit, the associated Groundwater Remcdiation Plan, and any other related permits grwcming 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 l'ollow cropping plans authorized in the Permit, which call far a continuous cropping system such as a cour n/wheat rotation. User herein grants the Operator all rights ol'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 Remedialion Plan. or any other related permits governing the disposal of treated wastewater effluent. The treated wastewater cliluent suppl ied to User pursuant to this Agreement shah I only he uti I ized solely on the Lands and shall not be otherwise transferred or utilized on uny other property. i. User understands and agrees that file provision of treated wastewater effluent is interruptible and may cease at any time due to decisions unilaterally made by the Operator, or regulmnry directive. User agrees to take the treated wastewater effluent as -is at the point of delivery identified ied in Exhibit A, which is incorporated as if fully set forth herein. Operator may deliver the wastewater of fluent hereunder at a rate ofdelivery doomed advisable by it, in its sole discretion. a TIt: OPERATOR MAKES NO RE PRESLN I'ATION OR WARRANTY AS TOTHEQUALITY OF THE TREATED WASTEWATER EEhLUENT SUPPLIED IIERIi1lNDER. AND USER I IEREBY RELEASES OPERATOR AND AGREES TO INDENlNI17Y AND HOLD HARMLESS OPERATOR. ITS RESPECTIVE OFFICERS, AGI-NI'S. EMPI.OYFES AND ELECTED OFFICIALS FROM AND AGAINS"I ANl AND AL[ CLAIMS. LIABILITIES, DEMANDS. LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE:. INCLUDING WITHOUT LIMITATION. ALL COSTS AND EXPENSES IN THE DEFENSE I HEREOF. ARISING FROM OR RELATED TO THE USE OR CONSUMPTION. IN ANY WAY, MANNER OR FORM. TI IL 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. S The initial term of this agreement shall be for live (5) ,years commencing no later than the date of execution of this Agreement. Thereafter, this Agreement shall be automatically renewed for one (1) successive temt of live I S) years unless canceled in writing by either party no less than ninety (90) days prior to expiration. G. 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 firth herein arc 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 documem. the fonner shall control. Executed this i5r1, day of _ _ I2I)__L7 CITY OF LUBBOCK: �. 1, . Daniel SI Pope, MAYOR Ret, �ca Garza. Cin' Secrets APPROVED AS 1 l/0 CONTTEN I hl _' I I Gonza es, Wastc,va[cr Superintcndcn. Aubrey Spear, P ., Dire tar of Wawl tilities APPROVED AS 101 ORNI. i Amy L. Sims y City Ano USER: By f : [S.g, awrc] I NSI IL\Nfr IC'npio of EnJnnemems wdl be R",d N1 TTPF.OF INSCR\NCE CO' III INEU SING LE LOOT L:ENEW\L It %031.111 13 c'wnmc¢ml Gomval Lmh:lu. 13 u.hel o Apyepa 13 Clams Af.xk 13 ekeenemr ITducu Cuml*UI ut, n w1nca •hympmem 0 XU 'n11ni o Adv Inun �Tdrv..._: PNwnmlxr., l<rc nfcrx,nn LrJnrxnaul nrvu.wm Lnhr m. Tuc fhmaFe (Any nna 1-um rPOFf%tif0\ 11. LL4PILIT) Atoll Cap (A, on[ ll,n tnll 0 I ereral AFFrdv[ AL'TOAIOTI4 E LI APILIT% Qr\n) Auw r4FF¢Farc EXCESS I \PII.I r1 Dumbfillal <.n L.,,h ckcun[n;n GAR40E LIAPII ❑ 1 r\FFrcFalr O e1n1'AJ. Amt0ritt 1'Ah AeeWrnl 13 Ulhcr 11 an Auln I. 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