HomeMy WebLinkAboutResolution - 5687 - Street_Alley And_Or CPGMW Permit - UPA LP - Overton Addition - 10_23_1997RESOLUTION NO. 5687
Item #17
October 23, 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 University Plaza Associates,
L.P., attached hereto, and 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 23rd day of October , 1997.
WINDY SI ON, MAYOR
ATTEST:
Ka ' Darnell, City Secretary
APPROVED AS TO CONTENT:
44,16 - -
Ed Bucy, Right-of-W y Agent
APPROVED AS TO FORM:
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Harold Willard, Assistant City Attorney
HW:dh.Ami—pl.—
ad dOcmbQ 10, 1997
RESOLUTION NO.5687
Item #17
October 23,1997
STREET/ALLEY AND/OR CITY
PUBLIC GROUNDS MONITOR WELL PERMIT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this 23rd day of October , 1997,
being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, and UNIVERSITY PLAZA ASSOCIATES, L.P., 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:
TRACT 1
BEGINNING at a point which is 16.00 feet East and 3.00 feet South from the
Southwest corner of Lot 19, Block 98, Overton Addition to the City of
Lubbock, Lubbock County, Texas;
THENCE East 2.00 feet to a point;
THENCE South 2.00 feet to a point;
THENCE West 2.00 feet to a point;
THENCE North 2.00 feet to the POINT OF BEGINNING.
TRACT 2
BEGINNING at a point which is 4.00 feet North and 17.00 feet East from the
Northwest corner of Lot 6, Block 98 Overton Addition to the City of Lubbock,
Lubbock County, Texas;
THENCE North 2.00 feet to a point;
THENCE East 2.00 feet to a point;
THENCE South 2.00 feet to a point;
THENCE West 2.00 feet to the POINT OF BEGINNING.
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
PERMTTEE 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.
PERMITTEE shall pay to the CITY OF LUBBOCK as compensation for such grant the
sum of ONE THOUSAND AND N01100 DOLLARS ($1,000.00) cash in advance
contemporaneously with the acceptance and execution hereof by PERMITTEE for the first five
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT
UNIVERSITY PLAZA ASSOCIATES, INC. — PAGE 1
(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
NO/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 permit on the City Council Agenda. This five
(5) year fee is only refundable if this permit request 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 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
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 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 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, in any amount
and in a form 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 certi-
fied 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 PERMITIEE'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.
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT
UNIVERSITY PLAZA ASSOCIATES, INC. - PAGE 2
8. PERMITTEE agrees and is mQuit 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, 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
University Plaza Associates, P.O., 1001 University Avenue, Lubbock, T% 79401.
CITY OF LUBBOCK
BV&,,tk
WINDY SI N, MAYOR
ATTEST:
Kayth Darnell, City Secretary
APPR VED AS TO CONTENT:
Ed Bucy ght-o - y Ar en
ertel, ity Engifieer
APPROVED AS TO FORM:
mold Willard, Assistant Cit} Attorney
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT
UNIVERSITY PLAZA ASSOCIATES, INC. - PAGE 3
AGREED TO AND ACCEPTED this
1997.
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Iy day of c�CZ - ,
I� 7T1
UNIVER
USITY PLAZA ASSOCIATES, L.P.
Title: Gp�yo rcj 1 \\�� Q(—
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared WIlVDY SITTON, 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 and as its MAYOR, for
the purposes and consideration therein expressed.
(�& UNDER MY HAND AND SEAL OF OFFICE this
11997.
,29't�
[Seal]
,•�;..�• Cat Cam l �tu�
€' °�� rrIOREA BELL
Notary Public. State of Texas Notary Public in and for the State of Texas
'.,+F t�` My Commission Frpves M-15-01 A N bt��A /J t�I.�..
1'bp n,•
Printed or Typed Name of Notary
My Commission Expires:
THE STATE OF TEXAS
COUNTY OF Lu bkole
06 - aS-O 1
day of
BEFORE ME, the undersigned authority, a Notary ublic in and for said County and
State, on this day personally appeared 62�
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
stated and as the act and deed of the aforesaid PERMITTEE.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
aC, 1997.
[Seal]
.............
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HW:dk/UNIVERPL.DOC
cityatt/harold/October 10, 1997
Qiv'? %%% /J ,,6,
Notary Ptfblic in and for the State of Texas
D4y % geonli,r
Printed or Typed Name of Notary
My Commission Expires: - A-1-1" �'F
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT
UNIVERSITY PLAZA ASSOCIATES, INC. — PAGE 4