HomeMy WebLinkAboutResolution - 2020-R0319 - 2nd Amendment to Raw Water Lease with LAHWDResolution No. 2020-RO319
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September 22, 2020
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, the Second Amendment to the Raw Water
Lease by and between the City of Lubbock and the Lake Alan Henry Water District for the
lease of raw water. 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 the 22nd day of September 2020.
DANIEL M. POPE, MAYOR
ATTEST:
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Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
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Aubrey A. Sp , P.E., Director of Water Utilities
APPROVED AS TO FORM:
RES. Second Amend Raw Water Lease LAHWD
Resolution No. 2020-RO319
SECOND 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 one thousand ninety-five (1,095) days, then this Agreement
shall automatically terminate.
Exhibit D. Proposed LAH Water District Easements — Delete and replace with E x h i b i t D -1.
By execution .hereof, Lessor and Lessee agree to all of the above terms and conditions.
SIGNED ON THE DATES SHOWN BELOW:
CITY OF LUBBO
By:
Daniel M. Pope, Mayor
Date:
September 22, 2020
LAKE ALAN HENRY WATER DISTRICT
Lindsay Maasso, Bo r Chairperson �)
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ATTEST: ATTEST:
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Rebec a Garza, City Secretary Ann Manning, Secre ary
AS TO
P.E., Division Director of Public Works
Aubrey A. Spkar, P.E., Director of Water Utilities
APPROVED AS TO
City