HomeMy WebLinkAboutResolution - 2011-R0288 - Street Use License - Louise Hopkins Underwood Center For The Arts- Private Sewer - 07/14/2011Resolution No. 2011-RO288
July 14, 2011
Item No. 5.22
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 to use portions of
a dedicated street for extension of a private storm sewer, by and between the City of
Lubbock and Louise Hopkins Underwood Center for the Arts, and all related documents.
Said license 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 this July 14 , 2011.
TOM MARTIN, MAYOR
ATTEST:
Rebec a Garza, City Secretary
APPROVED AS TO CONTENT:
Dave Booher, Right -of -Way Agent
APPROVE S TO FORM:
Chad Weaver, Assistant City Attorney
vwxcdocs/RES.St Use Lic-Louise Hopkins Underwood
April 15, 2011
Resolution No. 2011-80288
STREET USE LICENSE
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
This License made this 14th day of July , 2011, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal
Corporation, and LOUISE HOPKINS UNDERWOOD CENTER FOR THE ARTS,
hereinafter called `LICENSEE."
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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 a dedicated
street for an extension of a private storm sewer, in the area described as follows in Exhibit "A"
The term of this License 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 thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served
if deposited in the post office, postage paid, addressed to LICENSEE at 511 Avenue K,
Lubbock, TX 79401, 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 FIVE HUNDRED AND NO/100 DOLLARS ($500.00) 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 cost of cleanup of any oil, hazardous substance,
or other material, the replacement and repair of paving, sidewalks and utilities of any nature
damaged as a result of the construction authorized by the License.
3. 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 constructed 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.
4. This License is not transferable by the LICENSEE without first receiving the
written consent of the City Manager of the CITY OF LUBBOCK.
5. 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.
6. 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.
General Liability Insurance. Owner shall maintain general liability insurance
with a combined single limit of a minimum of $100,000 per occurrence and such insurance shall
include the following:
■ Bodily Injury and Property Damage
■ Broad Form Contractual Liability
Owner shall provide a Certificate of Insurance to the City of Lubbock as evidence of the required
insurance coverage. The Certificate will provide 30 days notice of cancellation. Such Certificate
of Insurance shall name the City of Lubbock as an additional insured and must include wording
which states that the policy shall be primary with respect to any insurance carried by City of
Lubbock and be endorsed to include a waiver of subrogation in favor of the City of Lubbock.
7. 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).
8. 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.
STREET USE LICENSE
LOUISE HOPKINS UNDERWOOD CENTER FOR THE ARTS
CITY OF LUBBOCK
By:s�sy-
TOM MARTIN, MAYOR
ATTEST:
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Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
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Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
AGREED TO AND ACCEPTED this day of , 2011.
Licensee: LOUISE HOPKINS UNDERWOOD
CENTER FOR THE ARTS
BY:
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 15 day
of Jo- 1 , 2011.
Notary blit in and for the State of Texas
Y CELIA WEBB My Commission Expires: 03- 0 ( - d- u t4
Not q Pubk, %ate of Texas
#y ColrnWm Egg rw N1-2614
STREET USE LICENSE
LOUISE HOPKINS UNDERWOOD CENTER FOR THE ARTS
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 known to me to be the person
whose name is subscribed to the foregoing instrument atfd acknowledged to me that he/she
executed the same for the purposes and consideration therein expressed and as an act and deed of
said Louise Hopkins Underwood Center for the Arts.
DIVEN UNDER MY HAND AND SEAL OF OFFICE this ��% day
of , 2011.
Notary Public in and for the State of Texas
BELEN GOMEZ
TEXAS
STATE O Off' PUBLIC
STAE My Commission Expires;
" T
of MY COMMISSION FXMIM $
10-10-2011
gs/Cityatt/Licenses/Street Use Lic-Louise Hopkins Underwood
April 15, 2011
STREET USE LICENSE
LOUISE HOPKINS UNDERWOOD CENTER FOR THE ARTS
PLAT OF SURVEY OF A 13 -SQUARE -FOOT TRACT OF LAND LOCATED IN
BLOCK 22, ORIGINAL TOWN OF LUBBOCK, LUBBOCK COUNTY, TEXAS
LOT I -A =�
BLOCK 22 U q
ORIGINAL TOWN OF L LISBOCK L�U 4
(Plat Recor&W X09039039) 1 `
N890531 `4n€
N99 053'14'E 269. 70' 2.00 Q
X5.691 }-2.0/'
NOQ°47'�g6 w S00°47'�3511E
6.68 �f /5
SET CROWS FOOT
CtRB Q GUTTER
IVA C CSA VIS L A/1/E
A5PHAL T PA WD
(Vcl 5 Pg. 384)
S89°121gIW
2.00
METES AND BOUNDS DESCRIPTION of a 13 -square -foot tract of land located in the
right-of-way of Mac Davis Lane adjacent to Block 22, Original Town of Lubbock,
Lubbock County, Texas, being further described as follows:
BEGINNING at a 1/2" iron rod with cap set in the North right-of-way line of Mac Davis
Lane for the Northeast comer of this tract from which a 112" iron rod found at the
Southeast comer of said Block 22, Original Town of Lubbock bears N. 89°53'14" E. a
distance of 2.01 feet;
THENCE S. 00°4735" E. a distance of 6.65 feet to a crow's foot chiseled in concrete set
for the Southeast comer of this tract;
THENCE S. 89'12'25" W. a distance of 2.00 feet to a crow's foot chiseled in concrete set
for the Southwest corner of this tract;
THENCE N. 00°47'35" W. a distance of 6.68 feet to a 1/2" iron rod with cap set in the
North right-of-way line of Mac Davis Lane, same being the South line of said Block 22,
for the Northwest comer of this tract;
THENCE N. 89053'14" E., along the North right-of-way line Mae Davis Lane and the
South line of said Block 22, a distance of 2.00 feet to the Point of Beginning.
Bearings relative to recorded final plat of Lot I -A, Block 22, Original Town of Lubbock
surveyed by Robert L. Smith, dated August 27, 2008.
February 24, 2011
OF T
/Roberi A. Ctstopher
-AC ER . 7
Registered Professional Land Surveyor No. 5167
Licensed State Land Surveyor f�
State of Texas _
NOTES & LEGEND
SCALE : 1"=10'
-- - ADJACENT PROPERTY LINE
0 - 1/2" IRON ROD w/CAP FOUND
r - 1/2" IRON ROD FOUND
p - 1/2" IRON ROD WITH CAP SET
(UNLESS NOTED OTHERWISE)
MH - MANHOLE
DRAWN DJG
Q:\CRIGINAL TOWN LUBBOCK\22\LOT 7-A\ESMT. DWG
Resolution No, 2011-RO288