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HomeMy WebLinkAboutResolution - 2003-R0021 - Street Use License With Llano Permian Environmental - 01/23/2003Resolution No. 2003-R0021 January 23, 2003 Item No. 17 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 C ity of Lubbock, a Street Use License and /or City Public Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and Llano Permian Enviromnental. Said agreements are 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 Co uncil this 23rd day of January , 2003. ~~~~~~--'-~~~~ ATTEST: ~J"'-c_=L• ~~ Rebeca Garza, City Secretary ~ APPROVED AS TO CONTENT: APPROVED AS TO FORM: Cr---~~ ~y C-~~~r·_,_-~ Linda Chamales Supervising Attorney/Office Practice gs /ccdocs/St Use Lie-Llano Permian Environmental.res Jan 6, 2003 STREET/USE AND/OR CITY Resolution No. 2003-R0021 January 23, 2003 Item No. 17 PUBLIC GROUNDS MONITOR WELL PERMIT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS : COUNTY OF LUBBOCK § This indenture made this 23rd day of January , 2003, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation , and LLANO-PERMIAN ENVIRONMENTAL, hereinafter called "PERMITTEE." WITNESS ETH : Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does h ereby grant to the PERMITTEE, the right , privilege and license to use portions of dedicated streets and/or alleys and/or City public grounds for a groundwater monitoring well, to-wit: TRACT I BEGINNING at a point that is 48.00 foct East anJ 27.00 feet South of the Northwest corner of Lot 7, Block 1, Overton Addition to the City of Lubbock, Lubbock County, Texas; THENCE East 2.00 feet; THENCE South 2 .00 feet; THENCE West 2 .00 feet; Tl IENL'E North 2.00 kd to the POINT OF l3EGINNING . TRACT2 BEGINNING at a point that is 35 .00 feet East and 24.00 feet North of the Southwest comer of Lot 7, Block I, Overton Addition to the City of Lubbock, Lubbock County, Texas; THENCE East 2.00 feet; THENCE South 2.00 feet; THENCE West 2.00 feet; THENCE North 2.00 feet to the POINT OF BEGINNING . Texas Natural Resource Conservation Commission (TNRCC) leaking petroleum storage tank, Site No. 114218. The tenn of this grant shall be for five (5) years from date hereof, and shall be automatically extenJcJ for successive live (5) year terms not to exceed twenty (20) years. ln any event 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 tenn , 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 serviced if deposited in the post office, postage paid, addressed to PERMITTEE at the last known address of PERMITTEE. Application fee for this pennit is ONE HUNDRED FIFTY AND N0/100 DOLLARS ($150 .00) and is non-refundable. Llpllll expiration or ram:cllatin11 and revocalio11 ur this permit by the CITY OF LUBBOCK or the abandonment of the permit by the PERMITTEE, the improvements that arc permitteu unuer this permit shall be removed by the PERMITTEE and the properly shall be restored lo its original condition al no cost or expense lo the CITY OF LUBBOCK. In the event PERMITTEE fails or refuses lo remove such improvements afier demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall lake possession and remove or cause lo be removed such improvements , and the expense incu1Ted shall be assessed against PERMITTEE for which PERMITTEE shall be liable. I. PERMITTEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of ONE THOUSAND AND N0/100 DOLLARS ($1,000.00) cash in advance contemporaneously with the acceptance and execution hereof by PERMITTEE for the first five (5) year nnn-rcfumlahlc term of this permit, and thcrcaflcr 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 te1111 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 lem1 shall apply . This first five (5) year ONE THOUSAND AND N0/100 DOLLARS ($1,000.00) fee shall be tendered in the form of a certified or cashier's check prior to the placing of the request for this pennit on the City Council Agenda. This five (5) year IL:c is only rel"u11dahlc if this permit request is turned down hy the City Council. 2 . The PERMlTTEE agrees to pay all costs arising oul 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 Uniforn1 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 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 detennines 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 transfl:rablc by the l'ERMITTEE 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 pem1it herein granted 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 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 . Pennittee is responsible and liable for any and all contamination done lo the waler 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 PERMlTTEE lo perform the construction, repair or maintenance pennitted 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 pennitled herein, to furnish, without expense lo the CITY OF LUBBOCK, a reliable surety bond, in any amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful perfomiance of all the tem1s, covenants anJ conditions in saiJ agreement. and a certilied copy or a policy or public liability insurance assumed by said con\rac\ors in said agreement with the CITY OF LUBBOCK. The CITY OF STREET/ALLEY ANO/OR CITY PUl3LIC GROUNDS MONITOR WELL PERMIT LLANO-PERMIAN ENVIRONMENTAL LUBBOCK agrees to give notice to the PERMlTTEE 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 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 Pem1ittee's sole expense. This new well, if required by the Texas Water Commission, could be located on City owned property and pem1ittee will be reasonable for additional licensing costs . 7. After comp letion, the well shall be permanently filled and capped to the requirements of the City, the Underground Waler Conservation District, the TNRCC or other applicable specifications. ln general, the finished surface shall be left in a condition at least as good as that which ex isted prior to the drilling operations . 8. PERMlTTEE agrees and is required to furnish a policy of public liability and property damage insurance within limits as follows : Commercial General Liability Insurance Amount -Bodily Injury $500,000 each occurrence Properly Damage $100,000 each occurrence and OR Comme1·cial General Liability Insurance Amount $600,000 combined single Limit each occurrence and in the aggregate Solely at Pem1ittee's expense, Pern1ittee shall do one of the following things : ( 1) l'er111itlec may l"urnish a separate insurance policy showing the City of Lubbock as named insured; or (2) Pem1ittee may furnish an insurance certificate showing the City of Lubbock as an additional named insured by endorsement on Pern1ittee's insurance policy. 9 . All of the covenants and provisions of this pennit 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 tu the benefit ur the parties hcrclu, but no assignment hereof by the PERMlTTEE, 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). I 0. PERMITTEE, by its acceptance of the uses pem1itted 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 pem1itted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this permit. Written notices required hereunder shall be mailed to the City of Lubbock, addressed to lhc City Manager, P .O. Uox 2000, Lubbock, Texas 79457. Written notices required hereunder should be mailed to the PERMITTEE, Llano-Permian Environmental, 912 N. Bivins, Amarillo, Texas 79107. By: STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT LLANO-PERMIAN ENVIRONMENTAL ATTEST: ~cca G a rz a, City Secretary ~ APPROVED AS TO CONTENT: APPROV E D AS TO FORM: Linda Chamales Supervising Attorney/Office Practice AGREED TO AND ACCEPTED this ~ day of ~,,, v" c '.?z PERMITTEE: LLANO-PERMIAN ENVIRONMENTAL ADDRESS : BY : NAM E : 921 N . BIVINS AMARILLO, TEXAS 79107 p , 2003. TITl .I ;: £.'e:iL ~r~""/.,,,_;;; . Att_,,.__~ THE ST ATE OF T EXAS § COUNTY OF LUBBO C K § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this da y personally appeared Marc McDougal, Mayor, known to me to be the person whose name is subscribed to th'e 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 cu11siJeratio11 therein expressed :mJ in the eap:.1<.:ity therein staled. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~;L~1~fl-.. ______ day of ::ra..Yl U..c'.LY-\.i , 2003. I @' CELIA W EB B * Notll!Y Public , S1lllll. ol Tew • My Coounl ssi.;.n b(;ires 03-01-2006 Printed or Typed Name of Notary STREET /ALL EY A ND/OR CITY PUl3LIC GROUNDS MONITOR W ELL PERMIT LL A NO-P ERMIAN ENVIRONMENTAL THE STATE OF TEXAS COUNTY OF TEXAS § BEFORE ME, the undersi gned author· y, a Notary Public in and for said County, Texas, on this day personally appeared '.:;;>~ , known to me to be the person whose name is subscribed to the foregoi1 g instrument and acknowledged to me that (s)he exec uted the same for the purposes and consideration th erein expressed and as ac t and deed of aforesaid PERMITTEE . __.-,::GIVEN UNDER MY HAND AND SEAL OF OFFICE th is __ cg_1h ____ day of ~'1J.!aklj ,200 3 . ~· @MICHELLE K. UNGER NOTARY PUBLIC STATE OF TEXAS My Coonis&OO &Wes 9-20-2003 gs/D5.9/SA CPGMWl'-Llano-Pcm1ian Environmenta l Jan . 6 , 2003 STREET/ALLEY AND/OR CITY PUIJLIC GROUNDS MONITOR WELL PERMIT LLANO-PERMIAN ENV I RONMENTAL STREET/U SE AND /O R CITY Resolution No. 2003-R0021 January 23, 2003 Item No. 17 PUBLIC GROUNDS MONITOR WELL PERMIT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This indenture made this 23rd day of January , 2003, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and LLANO-PERMIAN ENVIRONMENTAL, hereinafter called "PERM ITTEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the PERMlTTEE, the right, privilege and license to use portions of dedicated streets and /or alleys and /or City public grounds for a groundwater monitoring well, to-wit: TRACT 1 BEGINNING at a point that is 48.00 feet East anJ 27.00 feet South of the Northwest corner of Lot 7, Block I, Overton Addition to the City of L ubbock , Lubbock County, Texas; THENCE East 2.00 feet; THENCE South 2 .00 feet; THENCE West 2.00 feet; Tl !ENCE North 2.00 kct to the POINT OF L3EGINNING. TRACT 2 BEGINNING at a point that is 35.00 feet East and 24.00 feet North of the Southwest corner of Lot 7, Block 1, Overton Addition to the City of Lubbock, Lubbock County, Texas; THENCE East 2.00 feet; THENCE South 2.00 feet; THENCE West 2.00 feet; THENCE North 2.00 feet to the POINT OF BEGINNING. Texas Natural Resource Conservation Commission (TNRCC) leaking petroleum storage tank, Site No. 114218. The term of this grant shall be for five (5) years from date hereof, and shall be automatically cxtcnJcJ for successive Jive (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 original or any subsequent five (5) year tenn, as the case may be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke this pennit with or without cause upon thirty (30) days prior written notice to the PERMITTEE. Said notice shall be deemed properly serviced if deposited in the post office, postage paid, addressed to PERMITTEE at th e last known address of PERMITTEE. Application fee for this permit is ONE HUNDRED FIFTY AND N0/100 DOLLARS ($150.00) and is non-refundable. Upllll cxpiratio11 or ca11ccllatin11 and revocation of this pennit by the CITY OF LUBBOCK or th e abandonment of the permit by the PERMlTTEE, the improvements that arc 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 foils 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 ONE THOUSAND AND N0/100 DOLLARS ($1,000.00) 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 ONE THOUSAND AND N0/100 DOLLARS ($1,000.00) fee shall be tendered in the fom1 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 Ice is only rdu11dahlc 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 authorized by this permit. PERMITTEE must utilize all necessary construction barricades, warning signs and traffic control devices, in accordance with the Texas Manual on Unifom1 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 Texas Water Commission approved sites and not be emptied onto City streets, alleys, or City owned properly. 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 incuITed except for PERMITTEE'S use herein. All work is to be done in compliance with local, State and Federal laws and regulations. 4. This pcrn1it is not transf'crablc by the PERM ITTEE without lirst receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This pennit 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 construction 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 hannless 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 nrnintcnancc and use permitted herein. Pcrmittee is responsible and liable for any an<l 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 perfom1ance 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 pennitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in any amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful perfom1ance of all the terms, covenants anJ cunJitions in said agreement. am! a ccrtilie<l copy or a policy or public liability insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. The C£TY OF STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT LLANO-PERMIAN ENVIRONMENTAL LUBBOCK agrees to give notice to the PERMlTTEE 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 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 Pennittee's sole expense. This new well, if required by the Texas Water Commission, could be located on City owned property and pem1ittee will be reasonable 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 or other applicable specifications. ln general, the finished surface shall be left in a condition at least as good as that which existed prior to the drilling operations. 8. PERMlTTEE agrees and is required to furnish a policy of public liability and property damage insurance within limits as follows: Commercial General Liability Insurance Amount -Bodily Injury $500,000 each occurrence Property Oanwgc $I 00,000 each occurrence and OR Commercial General Liability Insurance Amount $600,000 combined single Limit each occurrence and in the aggregate Solely at Pem1ittee's expense, Pem1ittee shall do one of the following things: ( 1) Pcrrnittcc may furnish a separate insurance policy showing the City of Lubbock as named insured; or (2) Pem1ittee may furnish an insurance certificate showing the City of Lubbock as an additional named insured by endorsement on Pen11ittee'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 bencllt or the parties hereto, but 110 assig11111e11t hereof by the PERMlTTEE, 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 pen11itted 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 cance l lation of this permit. 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 PERMITTEE, Llano-Permian Environmental, 912 N. Bivins, Amarillo, Texas 79107. By: STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT LLANO-PERMIAN ENVIRONMENTAL ATTEST: APPROVED AS TO CONTENT: APPROVED AS TO FORM: Linda Chamales Supervising Attorney/Office Practice AGREED TO AND ACCEPTED this ~ day of ~,., v"' c ~ PERMITTEE: LLANO-PERMIAN ENVIRONMENTAL ADDRESS: BY: NAME: 921 N. BIVINS AMARILLO, TEXAS 79107 v '2003. 'l'ITl ,I :: J ~e/L~~<1f/._.,~ .r-'1-1£/l~ THE ST A TE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Marc McDougal, 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 !herein expressed and i11 the capacity therein slaled. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 7 ft..._ day of :fQn lA..-6.x'\.i , 2003. ~~----- / Printed or Typed Name of Notary STREET/ALLEY AND/OR C ITY PUl3LIC GROUNDS MONITOR WELL PERMIT LLANO-P ERMIAN ENVIRONMENTAL THE STATE OF TEXAS COUNTY OF TEXAS § BEFORE ME, the undersigned author· y, a Notary Public in and for said County, Texas, on this day personally appeared_ t:?'~ , known to me to be the person whose name is subscribed to the foregoi1 g instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed and as act and deed oraforcsaiu PERMITTEE. gs /0 5.9 /S/\CPGMWP-Llano-Permian Environmental Jan . 6 , 200 3 STREET/ALLEY AND/OR C ITY PUIJLI C GROUNDS MONITOR W ELL PERMIT LLANO-P ERMIAN ENVIRONMENTAL