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HomeMy WebLinkAboutResolution - 5617 - Street_Alley &_Or CPGMW Permit - Jones Environmental Inc - GWMW, W Frankford Ave - 09_11_1997Resolution Item #23 September No. 5617 11, 1997 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 Jones Environmental, Inc., 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 11 th ATTEST: Kayth'e Darnell, City Secretary APPROVED AS TO CONTENT: 4 �L /-> Ed Bucy, Right-of-W Agent APPROVED AS TO FORM: ")e4" Harold Willard, Assistant City Attorney ccdocs/August 26, 1997 day of September , /+ , 1997. Resolution No. 5617 Item #23 September 11, 1997 STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT THE STATE OF TEXAS 1919111NW&7 IU e) Ii1". This indenture made this 11th day of September 1997, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and JONES ENVIRONMENTAL, 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: DESCRIPTION of a ground water monitoring well located in the West right-of-way of Frankford Avenue: 200.00 feet South and 55.00 feet West of the Northeast corner of Block A-K, Section 29, Lubbock, Lubbock County, Texas. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION (TNRCC) leaking petroleum storage tank, L.P.S.T. Site No. 104724. The term of this grant shall be for five (5) years from the 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 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 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. In addition to the application fee, PERMITTEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of FIVE HUNDRED AND NO1100 DOLLARS ($500.00) cash in advance contemporaneously with the acceptance and execution hereof by PERMITTEE for the first five (5) year 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. The fee for the first five (5) year term of this permit shall be tendered in the form of a certified or cashier's check prior to placement of the request for this permit on the City Council Agenda. Such fee shall only be refundable if this permit is denied 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 Uniform Traffic Control Devices (T.M.U.T.C.D.), when drilling the monitor wells, inspecting the monitor wells or testing of water samples and removal of the monitor wells. All drilling fluids and cuttings are to be emptied at Texas Water Commission approved sites and not be emptied onto City streets, alleys or other City -owned property. 3. In the event the CITY OF LUBBOCK determines that the existence of the use 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, the PERMITTEE agrees to reimburse the CITY OF LUBBOCK or franchised 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, 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 wells. The CITY OF LUBBOCK, at its option, may require an agreement with any con- tractors 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, 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 opportunity to settle or adjust the same. 6. If a street or alley area is ever widened and any of the wells are found to be located in the portion to be widened and must be relocated, PERMITTEE must fill the wells so located and drill new wells at PERMITTEE'S sole expense. PERMITTEE will be responsible for any additional licensing costs incurred as a result of the new wells. 7. Upon termination or cancellation of this permit, all of the wells shall be permanently filled and capped to the requirements of the City, the Underground Water Conservation District, the TRNCC 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 to the CITY OF LUBBOCK a policy of public liability and property damage insurance within limits as follows:. Comprehensive General Liability Insurance Amount - Bodily Injury $500,000 each occurrence - Property Damage $100,000 each occurrence $100,000 for aggregate STREETIALLEVIANDIOR CtrY PUBLIC GROUNDS MONITOR WELL PERMITTEE (ONES ENVIRONMENTAL, INC. ---PAGE 2 OR Commercial Genera!_ 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: (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 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. 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 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, JONES ENVIRONMENTAL, INC., 708 Milam Street, Suite 100, Shreveport, LA 71101. CITY OF LUBBO K BY: �--i -�R- A ZES: Kayt i Darnell, City Secretary APPROVED AS TO CONTENT: /L Ed BiXy. Right-ofr ay Agetat r ,,Lamy Hertel, City Enginder / `• APPROVED AS TO FORM: arold Willard, Assistant City Attorney STREETIALLEYIANWOR CITY PUBLIC GROUNDS MONITOR WELL PERMITTEE (ONES ENVIRONMENTAL, INC.- -PAGE? AGREED TO AND ACCEPTED this day of 997. PERMITTEE: JONES ENVIRONMENTAL, INC. BY: THE STATE OF TEXAS § COUNTY OF LUBBOCK § ALEX "TY" COOKE, MAYOR PRO TEM BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared , �vrTr s o 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 she executed the same as the act and deed of the CITY OF LUBBOCK, for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN , UNDER MY HAND AND SEAL OF OFFICE this day of b'rr G'L, 1997. [SEAL] ,1\p y� ple y—.uBl n ROR `Eli RM li NOt2fy Pn1111C, Stale 0(TEY35 My Commission Expires *25-01 THE STATE OF LOUISIANA § PARISH OF BOSSIER § Notary Public in and for the State of Texas Andrea Bell Printed or Typed Name of Notary My Commission Expires: 44,241 BEFORE ME, the undersigned authority, a NotaryPublic in and for said Parish and State, on this day personally appeared W/ZA. 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, .TONES ENVIRONMENTAL, INC. GIV N UNDER MY HAND AND SEAL OF OFFICE this, day of 1997. [SEAL] r d�� Notary Public in ind for the S ate of Louisiana &c,k. J ors Printed or Typed &ame of Notary My Commission Expires: f,_► Becky L. Jones, Notary Public Bossier Parish, Louisiana Mar Commission Is For Life STREETIALLEWANDIOR CITY PUBLIC GROUNDS MONITOR WELL PERMITTEE (ONES ENVIRONMENTAL, INC .— PAGE 4 Item #23 September 11, 1997 STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 11th day of September 1997, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and JONES ENVIRONMENTAL.,, 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: DESCRIPTION of a ground water monitoring well located in the West right-of-way of Frankford Avenue: 200.00 feet South and 55.00 feet West of the Northeast corner of Block A-K, Section 29, Lubbock, Lubbock County, Texas. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION (TNRCC) leaking petroleum storage tank, L.P.S.T. Site No. 104724. The term of this grant shall be for five (5) years from the 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 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 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. In addition to the application fee, PERMIT FEE shall pay to the CITY OF LUBBOCK as compensation for such grant the stun 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 terra 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 a l?i. yCvCK. If sue:ii 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. The fee for the first five (5) year term of this permit shall be tendered in the form of a certified or cashier's check prior to placement of the request for this permit on the City Council Agenda. Such fee shall only be refundable if this permit is denied by the City Council. 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 wells, inspecting the monitor wells or testing of water samples and removal of the monitor wells. All drilling fluids and cuttings are to be emptied at Texas Water Commission approved sites and not be emptied onto City streets, alleys or other City -owned property. 3. In the event the CITY OF LUBBOCK determines that the existence of the use 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, the PERMITTEE agrees to reimburse the CITY OF LUBBOCK or franchised 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, 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 wells. The CITY OF LUBBOCK, at its option, may require an agreement with any con- tractors 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, 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 opportunity to settle or adjust the same. 6. If a street or alley area is ever widened and any of the wells are found to be located in the portion to be widened and must be relocated, PERMITTEE must fill the wells so located and drill new wells at PERMITTEE'S sole expense. PERMITTEE will be responsible for any additional licensing costs incurred as a result of the new wells. 7. Upon termination or cancellation of this permit, all of the wells shall be permanently filled and capped to the requirements of the City, the Underground Water Conservation District, the TRNCC or other applicable specifications. In general, the finished buali be left in a condition at >easL as gok)a ring operations. 8. PERMITTEE agrees and is required to furnish to the CITY OF LUBBOCK a policy of public liability and property damage insurance within limits as follows: Comprehensive General Liability Insurance Amount - Bodily Injury - Property Damage $500,000 each occurrence 100,000 each occurrence $100,000 for aggregate STREETIALLEY'AND;OR CITY PUBLIC GROUNDS MONITOR WLLL PERMITTEE JON-ES ENVIRONMENTAL, INC. - PAGE 2 moo 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: (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 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. PERMIT FEE, 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 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, JONES ENVIRONMENTAL, INC., 708 Milam Street, Suite 100, Shreveport, LA 71101. CITY OF LUBBO K BY: VEST: ",k-- Kayt(4Darnell, City Secretary APPROVED AS TO CONTENT: 4g=:� (� (,_� Ed B, Right -off ay Ag"t Cjm�, �Herttal, Ci Engin er APPROVED AS TO FORM: Az4w vz",4() arold Willard, Assistant Oily Attorney STREETALLES' AND/OR CITY PUBLIC GROUN'OS MONITOR WELL PER rrrEE )ONES ENVIRONMENTAL, INC -- PAGE 3 AGREED TO AND ACCEPTED this day of 1997. PERMITTEE: JONES ENVIRONMENTAL, INC. F THE STATE OF TEXAS § COUNTY OF LUBBOCK § ALEX "TY" COOKE, MAYOR PRO TEK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared R 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 she executed the same as the act and deed of the CITY OF LUBBOCK, for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of °e, 1997. [SEAL] E p!/ ��`g` ANCREA BELL; • NcOlY Pudic. State Of Texas - - My Commissiolt Expires D 25 81 THE STATE OF LOUISIANA § PARISH OF BOSSIER § Notary Public in and for the State of Texas Andrea Bell Printed or Typed Name of Notary My Commission Expires:�s,/ BEFORE ME, the undersigned authority, a Notary Public in and for said Parish and State, on this day personally appeared 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, JONES ENVIRONMENTAL, INC. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , 1997. [SEAL] Printed or Typed Name of Notary My Commission Expires: day of STREET ALLE%' AND/OR CIT)' PUBLIC GROL1"DS MONITOR WELL PEWTiEE (ONES ENVIRONMENTAL. INC --- PAGE 4 CITY OF LUBBOCK JAN Q 2 ZOQ:i INTEROFFICE MEMO CITY SECPE-,AAY TO: Becky Garza, City Secretary FROM: Dave Booher SUBJECT: Transfer of Street/Alley and/or City Public Grounds Monitor Well Permit (Resolution 5617) DATE: January 2, 2003 On September 11, 1997 a Street/Alley and /or City Public Grounds Monitor Well Permit was issued to Jones Environmental, Inc., for the use of a portion of dedicated street for a monitor well. The licensee is no longer the environmental consultant for this site and would like to transfer this license into EZ-Mart Stores, Inc., which is in agreement with this transfer. In part four (4) of this license agreement, it states that the license is not transferable without the written consent of the City Manager of the City of Lubbock. I see no problem with this transfer. Please forward this to the City Manager for his issuance of a letter of transferral. Thanks Dave Booher Assistant Right -of -Way Agent Office of Street/Drainage Engineering P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2347 + Fax (806) 775-3074 January 2003 E-Z Mart Stores, Inc. 602 West Falvey, Texarkana, Texas 75501 RE: Transfer of Street/Alley and/Or City Public Grounds Monitor Well Permit Dear: David McKamie According to Section (4) of the Street/Alley and/Or City Public Grounds Monitor Well Permit (attached) issued on September 11, 1997 to Jones Environmental, Inc., this Street/Alley and/Or City Public Grounds Monitor Well Permit is hereby transferred to E-Z Mart Stores, Inc., for the remainder of its term. Thank you for your inquiry on this matter and if we can be of additional service please call. Sincerely, Bob Cass City Manager Resolution No. 5617 Jones Environmental, Inc. 708 Milam Street, Suite 100 Shreveport, LA 71101 Tel: (318) 226 - 8444 Fax: (318) 226-0381 October 1 5, 2002 Dave Booher City of Lubbock P. O. Box 2000 Lubbock. TX 79457 Dear Mr. Booher: On September 11, 1997, the City of Lubbock issued Jones Environmental, Inc. (JEI) a street/alley and/or City public grounds monitor well permit (Resolution #5617) to use a portion of dedicated street for a groundwater monitoring well. As we discussed, Jones Environmental, Inc. would like to transfer possession of this permit to our client E-Z Mart Stores, Inc. JEI is no longer the environmental consultant for this site, and will not be renewing the permit. Should you need any further information, please contact me at your convenience (318) 226-8444. Sincerely, Barbara Lynn Laird Jones Environmental, Inc. The signature below authorizes the transfer of Resolution #5617 from Jones Environmental, Inc. to our client, E-Z Mart Stores�i-AO2;-��- &4241Z Authorized Signature Jones Environmental, Inc. The signature below authorizes the City of Lubbock to transfer possession of Resolution #5617 to E-Z Mart, Stores, Inc., 602 West Falvey, Texarkana, TX 75501. The license was issued for twenty (20) years payable every five (5) ears. License payment for each five (5) year term is $500.00. AM756—hzed Signature E-Z Mart Stores, Inc. P.Q. Box 2000 • 1625 13th Street - Lubbock, TX 79457 (806) 775-3002 - Fax: (806) 775-2051 January 10, 2003 Barbara Lynn Laird Jones Environmental, Inc. 708 Milam Street, Suite 100 Shreveport, Louisiana 71101 RE: Transfer of Street/Alley and/or City Public Grounds Monitor Well Permit Dear Ms. Laird: According to Section (4) of the Street/Alley and/or City Public Grounds Monitor Well Permit (attached) issued on September 11, 1997 to Jones Environmental, Inc., Jones Environmental, Inc. must receive "written consent" from the City Manager of the City of Lubbock prior to transferring this Street/Alley and/or City Public Grounds Monitor Well Permit. Permission to transfer the permit is granted. Thank you for your inquiry on this matter and if we can be of additional service please call. Sincerely, Bob Cass City Manager BNC:nb Cc: David McKamie E-Z Mart Stores, Inc. 602 West Falvey Texarkana, Texas 75501