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Home My WebLink AboutResolution - 4099 - Street Monitor Well Permit - Applied Earth Sciences Inc - 4401 34Th Street - 03_11_1993Resolution No. 4099 March 11, 1993 Item #31 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 a Street/Alley And/Or City Public Grounds Monitor Well Permit by and between the City of Lubbock and Applied Earth Sciences, Inc., attached herewith, 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. Passed by the City Council thi ATTEST: &tL' 1KC)aL City a retar Betty Johnson APPROVED AS TO CONTENT: EdBucy, Right -of -Way Agent APPROV D AS TO n onWilliams, Assistant City A orney AN:dw/agenda-D$1/P-AES.res February 25, 1993 Resolution No. 4099 March 11, 1993 " r Item #31 STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 11th day of March , 19 93 , being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and APPLIED EARTH SCIENCES, INC., hereinafter called "PERMITTEE." WITNESSETH: Subject to the terms, conditions, and provisions herein, the CITY OF LUBBOCK does hereby grant to the PERMITTEE, the right, privilege and license to use portions of dedicated streets and/or alleys and/or City public grounds for groundwater monitoring wells, to -wit: LEGAL DESCRIPTION for a monitor well to be installed in the South right-of-way of 34th Street, just West of Quaker Avenue: BEGINNING at a point which is North of the Northwest corner Heights Addition to the City Texas; THENCE West 3.00 feet; THENCE South 3.00 feet; THENCE East 3.00 feet; 3.00 feet East and 5.00 feet of Lot 1, Block 1, College of Lubbock, Lubbock County, THENCE North 3.00 feet to the POINT OF BEGINNING. Texas Water Commission leaking petroleum storage tank, L.P.S.T. Site No. 96694 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 un- less either party shall give written notice of termination to the other party before the expiration of the original or any subse- quent 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 permit with or without cause upon thirty (30) days prior written notice to the PERMITTEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to PERMITTEE at the last known address of PERMITTEE. Application fee for this permit is ONE HUNDRED FIFTY AND N0/100 DOLLARS ($150.00) and is non-refundable. Upon expiration or cancellation and revocation of this per- mit by the CITY OF LUBBOCK or the abandonment of the permit by the PERMITTEE, the improvements that are permitted under this permit shall be removed by the PERMITTEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event PERMITTEE 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 PERMITTEE for which PERMITTEE shall be liable. PERMITTEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of FIVE HUNDRED AND N0/100 DOLLARS ($500.00) cash in advance contemporaneously with the acceptance and execution hereof by PERMITTEE for the first five (5) year non-refundable term of this permit, 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. 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 PERMITTEE of any change in rates in writing 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. This first five (5) year FIVE HUNDRED AND N0/100 DOLLARS ($500.00) fee shall be tendered in the form of a certified or cashier's check rrior to the placing of the request for this permit on the City Council Agenda. This five (5) year fee is only refundable if this permit request is turned down by the City Council. 2. The PERMITTEE agrees to pay all costs arising out of the exercise of this permit herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as autho- rized by this permit. PERMITTEE must utilize all necessary construction barricades, warning signs, and traffic control devices, in accordance with the Texas Manual on Uniform Traffic Control Devices (T.M.U.T.C.D.), when drilling the monitor well, inspecting the monitor well or testing of water samples and re- moval of the monitor well. All drilling fluids and cuttings are to be emptied at Texas Water Commission approved sites and not be emptied onto City streets, alleys, or City owned property. 3. In the event the CITY OF LUBBOCK determines that the existence of such use 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, the PERMITTEE agrees to reim- burse 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 PERMITTEE'S use herein. All work is to be done in compliance with local, State and Federal laws and regulations. 4. This permit is not transferable by the PERMITTEE with- out first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This permit is made subject to the condition that should the PERMITTEE exercise any right under the permit herein granted and prepare or begin or complete any part of the con- struction as herein contemplated across any or all of the above described property, then and in that event said PERMITTEE, its successors and assigns will at all times 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, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this permit or the construction or maintenance and use permitted herein. Permittee is responsible and liable for any and all contamination done to the water table if such occurs during the drilling, monitoring or filling of the well. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by the PERMITTEE 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, - 2 - in any amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions 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 the PERMITTEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give the PERMITTEE a reasonable opportu- nity to settle or adjust the same. 6. If the street or alley area is ever widened and the well is found to be located in the portion to be widened and must be relocated, Permittee must fill the old well and drill a new well at Permittee's sole expense. This new well, if required by the Texas Water Commission, could be located on City owned prop- erty and Permittee will be responsible for additional licensing costs. 7. After completion, the well shall be permanently filled and capped to the requirements of the City, the Underground Water Conservation District, the Texas Water Commission or other applicable specifications. In general, the finished surface shall be left in a condition at least as good as that which existed prior to the drilling operations. 8. PERMITTEE agrees and is required to furnish a policy of public liability and property damage insurance within limits as follows: Comprehensive General Liability Insurance Amounts - Bodily Injury $500,000 each occurrence Property Damage $100,000 each occurrence $100,000 for aggregate OR Commercial General Liability Insurance Amount $600,000 combined single limit each occurrence and in the aggregate Solely at Permittee's expense, Permittee shall do one of the following things: (1) Permittee may furnish a separate insurance policy showing the City of Lubbock as named insured; or (2) Permittee may furnish an insurance certificate showing the City of Lubbock as an additional named insured by endorsement on Permittee's insurance policy. 9. All of the covenants and provisions of this permit 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 PERMITTEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, ex- cept as specified in numbered paragraph four (4). 10. PERMITTEE, by its 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 PERMITTEE waives any and all claims in and to the public way PERMITTEE is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this permit. - 3 - Written notices required hereunder shall be mailed to the City of Lubbock, addressed to the City Manager, P. O. Box 2000, Lubbock, Texas 79457. Written notices required hereunder should be mailed to the PERMIT -, ied Earth Sciences, Inc., 16415 Addison Road, Suite 79t, Dallas, Texas-?-5248. ATTEST: C ty Slecfretjjr Betty Johnson APPROVED: I/ :,, Ed B cy, Righ -Of-Way Agent rry He tel, City Engineer Anthon Williams, Assistant City At orney AGREED TO AND ACCEPTED this 23 day of , 19_ . PERMITTEE: APPLIED EARTH SCIENCES, INC. ADDRESS: 16415 Addison Road, Suite 700 Dallas TX 75248 BY: THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DAVID R. LANGSTON, MAYOR, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. tk GI UNDER MY HAND AND SEAL OF OFFICE this /02 day of 1993. VIA SOLf NOTARY PU6LIC, State of Texas � J� MY Commissre,' Expires NOVEMBER30. L993 ` Notary Public in and for flr '��1��1 �fl�✓y'•-r/.d� the State of Texas Printed or Typed Name of Notary - 4 - THE STATE OF § COUNTY OF A A1114 § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texg-p, on thi,� day, personally appeared p known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein stated as the act and deed of aforesaid PERMITTEE. GIVE UNDER MY HAND AND SEAL OF OFFICE this -70AJ, day of jJ2 , 19Q2,_ Al-'rii/A) J'al'tL &T�64 [Seal] Notary Publi and or Te \State of Q - )ZA � Printed or Typed Name of Notary AJW:dw/eng-D3/F-AES.doo I+NIN pPr wo February 25, 1993'%'"\<t, PATRICIA BATES ' Notary Public, state of Texas �'•., Commission Expires 04.29.94 vaa - 5 -