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HomeMy WebLinkAboutResolution - 2011-R0136 - Street Use License Agreement - Covenant Health System - 04_14_2011Resolution No. 2011—RO136 April 14, 2011 Item No. 5.5 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE 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 of Lubbock, a Street Use License Agreement by and between the City of Lubbock and Covenant Health System, and related documents. Said Agreement 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 April 14, 2011 TOM ARTIN, MAYOR ATTEST: RebecL,a Garza, City Secretary APPROVED AS TO CONTENT: Dave Booher, Right -Of -Way Agent APPROVED AS TO FORM: had Weaver, Assistant City Attorney w:ccdocs/RES.Street Use License Agreement -Covenant Health System 9.7.10 .7.10 Resolution No. 2011-RO136 STREET USE LICENSE THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK This License made effective this 14th day of April , 2011, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and COVENANT HEALTH SYSTEM, Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions, and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated streets for pedestrian and utilities tunnels, in the area described as follows in Exhibit "A". The term of this grant shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years in any event unless either party shall give written notice of termination to the other party before the expiration of the first, second or third five (5) year term, as the case may be, and the City of Lubbock retains the right at its election to cancel and revoke this license with or without cause upon one (1) year's notice to Licensee. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to Licensee at Covenant Health System, 3615 19th Street, Lubbock, Texas, 79410, or the last known address of Licensee. Upon the expiration or cancellation and revocation of this License by the CITY OF LUBBOCK, or the abandonment of this License by the LICENSEE, the improvements that are permitted under this License shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed such improvements, and the expense incurred shall be assessed against LICENSEE, for which LICENSEE shall be liable. 1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of SIX THOUSAND TWO HUNDRED EIGHTY-ONE AND 10/100 DOLLARS (6,281.10) cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this License, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK, based on an appraisal of the fair market value of such land by the Right -of -Way Department of the CITY OF LUBBOCK, as applied to the formula for determining such rate established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in writing ninety (90) days before the start of the five (5) year term to which such change in rate shall apply, and if such notification is not made, then the rate for the preceding five (5) year term shall apply. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this License herein granted, including, but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. Licensee is granted the right of immediate access to the street areas herein described for repair and maintenance to their facilities located in said street areas to the end that Covenant Health Systems can carry out their health care giving activities for the betterment of the public health of the citizens of the City of Lubbock. 3. If the City in constructing its sewers, streets, utilities or other public works should require any of the Licensee's facilities or equipment located in public right-of-way to be shifted or relocated, such facilities or equipment shall be timely shifted or relocated by the LICENSEE at its own expense as and when required by the City. 4. In the event the CITY OF LUBBOCK determines that the License herein granted interferes with or causes the rerouting or realignment of any public utility, franchised utility or sanitary or storm sewer line constructed or to be constricted by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK or such utility, as the case may be, for its expense in relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. S. This License is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This License is made subject to the condition that should the LICENSEE exercise any right under this License and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above described property, then and in that event, said LICENSEE, its successors and assigns, will at all time defend, indemnify and otherwise hold the CITY OF LUBBOCK., its agents, servants and employees harmless from any and all claims, demands. actions, causes of action and suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this License or the construction or maintenance use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractors. The CITY OF LUBBOCK may further require any of said contractors, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement, and a certified copy of a policy of public liability insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 7. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance within limits specified by and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 8. Prior to any construction as authorized by this license, the LICENSEE shall submit to the City Engineer plans and specifications for the construction to be done, and the LICENSEE shall not commence construction until such plans and specifications are approved by the City Engineer. 9. All of the covenants and provisions of this License shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors or assigns shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). 10. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein, and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. No interest for real property is conveyed or granted by this License. C i f'`1. 7F LiJU, N By: r777 1� A'14� TOM MARTfN, MAYOR STREET USE. LICENSE COVENANT HEALTH SYSTEM ATTEST: Rebe a Garza, City Secretary APPROVED AS TO CONTENT: Dave Booher Right -of -Way Agent APPROVED AS TO FORM: — 0�- kA4� Chad Weaver, Assistant City Attorney AGREED 'TO AND ACCEPTED this 14th day of April , 2010. COVENANT HE SYSTE t By: z&4�"A 'Z_ Title: THE STATE OF "TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Tom Martin, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of hy' i ( , 2010. ° ! ISA SANCHEZ Notary Public in and for the to of Texas *� fducan Pu'ou4, Slate of Texas > ?,iy Cumrn,�ssoon Expires 11.0T2011 My Commission Expires: 1' 1' o �[ THE STATE' OF TEXAS COUNTY OF 4,kWo GK BEFORE ME, the undersigned authority, A logy Public jip and for said County and State, on this day personally appeared r��jj , known to me to be the person whose name is subscribed to the foregoing instrument and ackno-,,vledged to me that he executed the Satre fnr the purposes and consideration therein expressed and as an act and deed ol' said Covenant Health System. GIVE UNDER MY HAND AND SEAL O ' OFFICE this g day of Vc.---ro , 2010. Theresa Hays �ublic in and for the St- of Texas wort r �O tc: fhb d Toms -Lubbock flot�tty' CO!l111a*nEvimal1-2019 My Commission Expires: g,;(�eurgia/l.ieenscsiStUse Lic-Covenant Itealth System 9.7.10 STREET USE: LICENSE C'OVENAN Y HEAL fit SYSTEW! EXHIBIT It , , ' Resolution No. 2011—R0136 A 12' x 50' tract located within the following described property: A portion of Joliet Avenue adjacent to Lot 9, Block 1, Westlawn Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at the Southwest corner of Lot 9, Block 1, Westlawn Addition to the City of Lubbock, Lubbock County, Texas; THENCE West a distance of 50.00 feet; THENCE North a distance of 141.25 feet; THENCE East a distance of 50.00 feet; THENCE South a distance of 141.25 feet to the POINT OF BEGINNING. TRACT 2 A 12' x 50' tract located within the following described property: A portion of Louisville Avenue adjacent to Lot 1, Block 2, Murphy Place, an Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at the Northeast corner of Lot 1, Block 2, Murphy Place, an Addition to the City of Lubbock, Lubbock County, Texas; THENCE East a distance of 50.00 feet; THENCE South a distance of 133.75 feet; THENCE West a distance of 50.00 feet; THENCE North a distance of 133.75 feet to the POINT OF BEGINNING. TRACT 3 A 12' x 59.4' tract located within the following described property: A portion of 21st Street adjacent to Lots 6, 7 and 8, Block 1, Ridgelawn Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at the Northwest corner of Lot Be Block 1, Ridgelawn Addition to the City of Lubbock, Lubbock County, Texas; THENCE North a distance of 54.4 feet; THENCE East a distance of 265.00 feet; THENCE South a distance of 54.4 feet; THENCE West a distance of 265.00 feet to the POINT OF BEGINNING. Resolution No. 2011-RO136 TRACT 4 A 12' x 60' tract located within the following described property: A portion of 21st Street adjacent to Tract "A", Fill - more Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at the Northeast corner of Tract "A", Fill - more Addition to the City of Lubbock, Lubbock County, Texas; THENCE West a distance of 275.00 feet to a point of curvature; THENCE Southwesterly around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90', tangent lengths of 15.00 feet and a chord distance of 21.21 feet; THENCE North a distance of 90.00 feet; THENCE Southeasterly around a curve to the left, said curve having a radius of 15.00 feet, a central angel of 90•, tangent lengths of 15.00 feet and a chord distance of 21.21 feet; THENCE East a distance of 275.00 feet; THENCE South a distance of 60.00 feet to the POINT OF BEGINNING.