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HomeMy WebLinkAboutResolution - 5468 - Street_Alley & Or CPGMW Permit - The Southland Corporation - Overton Addition - 04_24_1997RESOLUTION 15468 Item #24 April 24, 1997 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 The Southland Corporation, attached hereto, 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 this 24th day of April , 1997. ERR'W Ir �� • • ATTEST:. kwA Kaythi arnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of- ay Agent APPROVED AS TO FORM: 94ea b'� - II- arold Willard, Assistant City Altomey da/ccdoes/southlnd.res April 4, 1997 RESOLUTION # 5468 Item #24 April 24, 1997 STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this day of . 1997, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and THE SOUTHLAND CORPORATION, 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: BEGINNING at a point which is 5.00 feet South and 69.00 feet West of the Southeast corner of Lot 5, Block 113, Overton Addition to the City of Lubbock; THENCE West 2.00 feet to a point; THENCE South 2.00 feet to a point; THENCE East 2.00 feet to a point; THENCE North 2.00 feet to the POINT OF BEGINNING. Texas Natural Resource Conservation Commission (TNRCC) leaking petroleum storage tank, L.P.S.T. Site No. 101386 . 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, unless either party shall give written notice of termination to the other party before the expiration of the original or any subsequent 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 NO/100 DOLLARS ($150.00) and is non-refundable. Upon expiration or cancellation and revocation of this permit 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 a condition substantially equal to that in existence immediately prior to the date of this Agreement and 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. 1. PERMITTEE 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 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 NO/100 DOLLARS ($500.00) fee shall be tendered in the form of a certified or cashier's check prior 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 denied by the City Council. V 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 authorized 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 removal of the monitor well. All drilling fluids and cuttings are to be emptied at TNRCC-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 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 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 without 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 and suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the construction or maintenance and use permit- ted herein due to the negligence or willful misconduct of PERMITTEE, its agents, servants or employees. PERMITTEE is responsible and liable for any and all contamination done to the water table if such occurs as a result of 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 negligence or willful misconduct of contractors in their performance of the work to be done. 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 a reasonable amount and in a form reasonably satisfactory to the City Attorney for 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 opportunity to settle or adjust the same. 6. If the street or alley area is ever widened and a monitoring 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 TNRCC, may be located on City -owned property 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 TNRCC and 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. S. PERMITTEE agrees and is required to furnish a certificate of insurance evidencing 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 STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT THE SOUTHLAND CORPORATION - PAGE 2 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 insured (except with respect to the CITY OF LUBBOCK'S own negligence) 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, except 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. Written notices to the CITY OF LUBBOCK required hereunder shall be mailed to the CITY OF LUBBOCK, addressed to the City Manager, P. O. Box 2000, Lubbock, Texas 79457. Written notices to the PERMITTEE required hereunder should be mailed to The Southland Corporation, P. O. Box 711, Dallas, Texas 75221-0711. Attn: Environmental Manager. CITY 9F LUBBOCK B . WINDY" 41a� SIfTON, MAYOR ATTEST: Kaythj Darnell, City Secretary APPROVED AS TO CONTENT: u , Right-of-Wa ent He el, Engi eer APPROVED AS TO FORM: 94eq Hi �Y . old Willard, Assistant City Attorney AGREED TO AND ACCEPTED this — day of �1 , 1997. PERMITTEE: Attest: By: GGd Assistant Secretary THE STATE OF TEXAS COUNTY OF LUBBOCK Title: Vice President BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared WINDY SITTON, 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 its MAYOR, for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this a8IA day of 4l Gd 1997. [Seal] f" ANN M. WOOD NOTARY PUBLIC STATE OF TEXAS STATE OF TEXAS COUNTY OF DALLAS Notary Public in and for the State of Texas Alin /1. Nead Printed or Typed Name of Notary My Commission Expires: AD -ad 4f BEFORE ME, the undersigned, a Notary Public in and for the County and State aforesaid, on this day personally appeared Gary R. Rose and Edward J. Herman,Vice President and Assistant Secretary, respectively, of the The Southland Corporation, a Texas corporation, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that the same was executed as the act of such corporation for the purposes and consideration therein expressed and in the capacities therein stated. G ' VEN UNDER MY HAND AND SEAL OF OFFICE on this day of ,L; 1997. My Commission Expires: dk\a:96C&A\.south1d2.doc February 12, 1997 Notary Public Karen Pannell *, Notary Public, State of Texas ' My Comm. Expires 02/11/01 STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT THE SOUTHLAND CORPORATION ---- PAGE 4