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HomeMy WebLinkAboutResolution - 2589 - Amendment To Agreement - EPR Inc - Wate Processing Service - 05/28/1987Resolution#2589 May 28, 1987 Agenda Item #28 WHEREAS, Environmental Protection Resources of Lubbock, Inc., has requested that their obligation to apply for all necessary construction permits not later than ninety (90) days after the execution of the Waste Processing Services Contract (executed February 26, 1987) be extended by sixty (60) days' and WHE'REA.S, the City Council of the City of Lubbock believes that the requested extension is appropriate under the circumstances; and WHEREAS, this extension should best be accomplished by amendment to the Waste Processing Services Contract; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. 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 a First Amendment to the Waste Processing Services Contract (dated February 26, 1987), which contract is attached as Exhibit "Cu to Lease Agreement dated February 26, 1987, and which First Amendment is at- tached herewith and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail upon execution. SECTION 2. THAT this first amendment to the said Waste Processing Services Contract shall never in any manner whatsoever be constructed as affecting any other changes in the rights, obligations and duties by and between the City of Lubbock and Environmental Protection Resources of Lubbock, Inc., arising from instruments executed by and between the par- ties on February 26, 1987, other than the one extension of construction permit application time specifically defined in the said First Amendment. Passed by the City Council this 28th day of &yj 1987. Boyd, City 8 W -S-5 I Bob Cass, Deputy City Manager B. C. MCMINN, MAYOR �C// Resolution #2589 THE STATE OF TEXAS § COUNTY OF LUBBOCK § FIRST AMENDMENT WASTE PROCESSING SERVICES CONTRACT (EXHIBIT "C" TO LEASE AGREEMENT DATED FEBRUARY 26, 1987) WHEREAS, a Waste Processing Services Contract was made and entered into by an between the City of Lubbock and Environmental Protection Resources of Lubbock, Inc. (hereinafter called EPR); and, WHEREAS, in accordance with Sec. 2.1 of said contract EPR was required to apply for all necessary construction permits not later than ninety (90) days after the execution of said contract; and, WHEREAS, it appears to the satisfaction of the City Council of the City of Lubbock, Texas, that a sixty (60) day extension of time within which to apply for all such necessary construction permits would be appropriate and justified under the explanations of the request for such extension by EPR and would not work to the detriment of the City of Lubbock; NOW THEREFORE: It is accordingly AGREED by and between the City of Lubbock, Texas, and the Environmental Protection Resources of Lubbock, Inc., that the provisions of Section 2.1, Waste Processing Services Contract, dated February 26, 1987, to the extent same specify a ninety (90) day period for application for all necessary construction permits, should be and is hereby amended and modified to hereafter read and allow for a one hundred fifty (150) day period after the date of said contract within which to apply for -all necessary construction permits. This extension granted nor the resultant modification to the contract shall never in any manner whatsoever be construed as affecting any other changes in the existing obligations between the parties arising under the Waste Processing Services Contract or any other contracts or agreements between the parties. This amendment shall be attached to and made a part of Exhibit "C" to the Lease Agreement dated February 26, 1987, prior to recordation of such Lease Agreement in Lubbock County, Texas. r' r-! IN WITNESS WHEREOF, the parties have executed this First Amendment as of the 28th day of May, 1987. CITY OF LUBBOCK, TEXAS C ` BY: . C. McMINN, MAYOR ATTEST: -City ecretary 'APPROVED AS TO CONTENT: City Manager APPROVED AS TO FORM: ivil Trial Attorney ENVIRONMENTAL PROTECTION RESOURCES OF LUBBOCK, INC. BY: Gary H. .K pier, P ident M= CNN ■ MINE ■ [9 8 Al ■ ■ r■ ■■ cNIMM■ FMMM■ No Text ■NOMEMEMEME■ MOMMEMEME MEMEMEMEN ■■ ■E■ ■EMEMEMEMENOMME■ May 13, 1987 Mr. Bob Cass City of Lubbock 1625 13th St., Suite 201 Lubbock, Texas 79401 Dear Bob: This letter pertains to our contractual obligation (see Section 2.1 of the executed Waste Processing Services Contract) to have applied for all necessary permits within ninety days after execution of the contracts. This date would be May 27, 1987. I was originally told by Black & Veatch that ninety days would be adequate for the preparation of all applications. Unfortunately, EPR could not give Black & Veatch official notice to proceed until the inducement resolution on the project had been passed by the Gulf Coast Waste Disposal Authority. Their Board schedule delayed the resolution being passed until March 12. Any project costs incurred prior to an inducement resolution would not be recoverable from bond proceeds. This is obviously why we needed to wait until after the resolution to allow Black & Veatch to begin. The permit and design engineers have had extensive meetings with the appropriate people in Austin. They have also done a great portion of the plant design. You would be extremely pleased with the progress that is being made. Permit applications, though not totally complete, could be submitted by the contractual deadline if an extension could not be granted. However, this would do very little to enhance our position with the agencies in Austin, and would probably result in a permitting delay. ENVIRONMENTAL PROTECTION RESOURCES, INC. ONE RIVERWAY, SUITE 1770 HOUSTON, TEXAS 77056 713/626-5691 Bob Cass May 13, 1987 Page 2 Therefore, I am requesting an extension of our contractual obligation for permit applications. Black & Veatch feels that an additional thirty days would be adequate. I would suggest a 60-90 day extension just to be conservative and avoid this problem in the future. I am uncertain what form this extension should have, i.e., simple letter agreement signed by the Mayor, formal contract amendment approved by City Council, etc. Jim Brewster should have some ideas on this matter. Please review this request and inform me at your convenience of your desired course of action. Sincerely, A�4 Gary H. Kappler President GHK/maw Encls.