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City enters into agreement with CVS Caremark

May 24, 2011

Plans pertain to proposed drive-up window access

The City of Borger has entered into an agreement with CVS Caremark Corporation as it prepares to begin construction on a new pharmacy within the community.
The agreement, approved by the Borger City Council during a short special session Monday, pertains to access, a retaining wall, and a construction easement.
Under the terms of the agreement, CVS Caremark requested these things along the east and south sides of the property where the pharmacy will be built. The pharmacy will be located on Lots 4-11, Block 24, Unit 4, Thompson Addition (230 North Cedar).
The plans call for access to the proposed drive-up window through the existing public alleyway on the south side of the property.
Eddie Edwards, Borger City Manager, said that during the closing on the property between CVS Caremark and the owners of the property, it was determined by the corporation’s attorneys that it wanted an access agreement with the City of Borger for use of the alley.
“The alley has always been in the plans to use as access for their drive-in window,” he said. “After looking at the agreement, I went over it pretty thoroughly and made considerable changes and re-submitted it.”
He said one word in the agreement that bothered him was “irrevocable,” meaning that it cannot be changed. He said the agreement is irrevocable, so he wanted to be sure that the rights of the city, public utility providers, and the general public were protected in moving forward with the agreement. Edwards said this agreement does protect those rights.
He recommended moving forward with the agreement and move the process along. He said the closing has been held up until the City of Borger could get an agreement in place that guarantees them the right to use that area for their purposes. He said City Attorney Angelique Weaver and CVS Caremark attorneys have been working to get the agreement finalized, and he received final word Monday.
Mayor Pro-Tem Robert Vinyard said his only concern had been that the rights of people were protected under the agreement, and Edwards said that has been taken care of in this agreement.
The council approved a re-plat of the land at a meeting around the end of April, which will take several pieces of property and fit them together as one large piece of property for the purposes of constructing the new pharmacy.
In other business, the council approved action to allow the public works department to advertise for bids to replace the existing derelict motor grader with a newer used motor grader.
Ted Dodd, city public works director, said the department ran into a problem a few weeks when its motor grader thrashed its engine, making it the third one to be out of commission for the department. He said normally such an item would not be bid out, as it is only used on a weekly basis. However, Dodd said the department must have one on hand. He said repairing this piece of machinery has resulted in diminishing returns, and the department doesn’t want to invest any more money in it.
The department has been using a 1984 Caterpillar motor grader to do unpaved roads, road construction, alley repairs, and a number of other projects. This motor grader has had two engines replaced and is in generally poor condition.
Dodd said the machine is so used that the hour meter failed some time back. It recently lost another engine and the estimated costs to repair are at least $35,000, a loss he said has been catastrophic to his department.
Caterpillar has loaned the department a motor grader for the time being, which Dodd said is greatly appreciated. However, he said no road grating or alley maintenance work can take place without the motor grader.
“Whenever we need it, we need it,” he said. “I apologize for it failing. I wished it hadn’t, but it’s just one of those things.”
Vinyard asked Dodd if he already had one picked out. He said the piece of equipment has to be bid out, but he is hopefully the department can acquire the borrowed piece of equipment it is currently using and make some minor changes as needed.
Edwards said the purchase would be made out of the city’s equipment fund, which was established by the council several years ago and is not one of the city’s major operating funds.
He said depending on the timing of the outstanding purchase of the Aqua-Tech, this fund could the year in the negative. A negative balance at the fiscal year-end of an internal fund is not an unusual occurrence, Edwards said, but he wanted the council to be aware of this.

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