HomeMy WebLinkAboutResolution - 5973 - Street Use License - Associated Supply Company Inc.- Underground Sewer Line - 08_27_1998Resolution No. 5973
Item No. 14
August 27, 1998
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 Use License with associated
documents for and on behalf of the City of Lubbock with Associated Supply Company,
Inc., for an underground sewer line. 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
Council.
Passed by the City Council this 27th day of August , 1998.
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ATTEST
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APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way -Agent
APPROVED AS TO F
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codocs/ August 6,1998
Resolution No.5973
Item No. 14
August 27, 1998
STREET USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this 27th day of August 1998, being the
date of this Agreement between a CITY OF LUBBOCK, TEXAS, a Home Rule Municipal
Corporation, and ASSOCIATED SUPPLY COMPANY, INC. Lubbock County, Texas,
hereinafter called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does
hereby grant to the LICENSEE, the right, privilege and license to use a portion of a dedicated
street for an underground sewer line, and being further described as follows:
An 8 foot underground sewer line street use license out of Section 6, Block "E", G. C. &
S. F. R R Co. Survey, Lubbock County, Texas and being more particularly described as
follows:
BEGINNING at'/2" iron rod and cap, set in East line of Martin Luther King Jr. Boulevard
and for the Southeast and beginning corner of this easement, whence the Northeast corner
of the Southeast (1/4) of said Section 6 bears North 89°59'52" West, 91.47 feet and N
00°02'05" West, 25.00 feet;
THENCE North 89°59'52" West, at 91.47 feet pass the West line of Martin Luther King
Jr. Boulevard and the East line of said Section 6, Block "E", continuing along the South
line of 744s Street and the North line of Blocks One (1), Five (5), Nme (9) and Thirteen
(13) of Block Thirteen (13) of Trigg Heights Addition, at 2706.42 feet pass the Northwest
corner of Lot Three (3), Block Thirteen (13) of said Trigg Heights Addition and the East
line of Ivory Avenue, continuing for a total distance of 2899.41 feet to a point in said 74'"
Street for a comer of this easement;
THENCE North 44059152" West, 39.19 feet to a point in said 7e Street for a corner of
this easement;
THENCE North 45°00'08" East, 8.00 feet to a point in said 741h Street for a corner of this
easement;
THENCE South 44059'52" East, 35.87 feet to a point in said 74t' Street for a comer of
this easement;
THENCE South 89059'52" East, parallel to the South line of said 74* Street, 2886.52 feet
to a'h" iron rod and cap, set in the East line of said Martin Luther King Jr. Boulevard, for
the Northeast comer of this easement;
THENCE South 03°03'03" West, along the East line of said Martin Luther King Jr.
Boulevard, 8.01 feet to the PLACE 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 in any
event unless either party shall give written notice of termination to the other party sixty (60) days
before the expiration of the first, second or third 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 license, with or
without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly
served if deposited in the post office, postage paid, addressed to LICENSEE at P.O. Box 3888,
Lubbock, Texas, 79452, or the last known address of LICENSEE.
Upon the expiration or cancellation and revocation of this license by the CITY OF
LUBBOCK, or the abandonment of this li-ense by the LICENSEE. the imnro-ement, that are
pernutted under this license shall be removed by the LICENSEE and the property shall be
restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event
LICENSEE fails or refuses to remove 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 LICENSEE, for which LICENSEE shall be liable.
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant
the sum of THREE HUNDRED FIFTY-ONE AND 06/100 DOLLARS cash in advance
contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5)
year term of this license, 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,
based on an appraisal of the fair market value of such land by the right-of-way Department of the
CITY OF LUBBOCK, as applied to the formula for determining such rate established by the City
Council. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five
(5) year term shall appl . The CITY OF LUBBOCK shall notify the LICENSEE of any change in
rates in writing ninety 40) days before the start of the five (5) year term to which such change in
rate shall apply, and if such notification is not timely made, then the rate for the preceding five (5)
year term shall apply.
2. The LICENSEE agrees to pay all costs arising out of the exercise of this license
herein granted including, but not limited to, the replacement and repair of paving, sidewalks and
utilities of any nature damaged as a result of the construction authorized by the license.
3. In the event the CITY OF LUBBOCK determines that the license 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, LICENSEE 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 LICENSEE'S use herein.
4. This license is not transferable by the LICENSEE without first receiving the writ-
ten consent of the City Manager of the CITY OF LUBBOCK.
S. This license is made subject to the condition that should the LICENSEE exercise
any right under this license 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
LICENSEE, its successors and assigns, will at all times defend, mdemnify and otherwise hold the
CITY OF LUBBOCK, its agents, servants and employees harmless from any and all claims, de-
mands, 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 license or the construction or maintenance
use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with
any contractors hired by Lk
NSEE to perform the construction, repair or maintenance permitted
herein, which agreement indemnifythCITYOF LUBBOCK from and against all claims,
liability, cost and expensewing out ofe performance of the work to be done by such con-
tractoThe CITY OF LBOCK 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, m an amount and in a form satisfactory to the said CITY
OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions
contained 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 LICENSEE prior to incurring any costs or expenses or the payment of
any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or
adjust the same.
6. LICENSEE agrees and is required to furnish a policy of public liability and prop-
erty damage insurance within limits specified by and in a form satisfactory to the City Attorney for
the CITY OF LUBBOCK, and which names the CITY OF LU13BOCK as the insured, said policy
covering the uses herein granted.
7. All of the covenants and provisions of this license 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 LICENSEE, 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).
8. LICENSEE, by the 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 LICENSEE waives any and all claims in and to the public way it is permitted
to use hereby and agrees to give peaceful possession of said property covered herein upon
termination or canrPilstion of this license.
CITY OF LUZBOCK
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STREET USE LICENSE
ASSOCIATED SUPPLY COMPANY, INC. 2
ATTEST:
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APPROVED AS TO CONTENT:
Ed Bucy, Right-oT-Way Agent
APP D AS TO F .
&fiwims, t X Attorn
AGREED TO AND ACCEPTED this 27th
THE STATE OF TEXAS
COUNTY OF LUBBOCK
day of August 1998.
SS IATED S LY C IFANY, INC.
BY:
W. B. ax righ Pres1 t
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared WINDY SIITON, Mayor 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 for the purposes and consideration therein expressed and in the
capacity herein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Ty day of
199,8,
R = AN�REABELL
Notary Public. State j
Notary Public, Lubbock County, Texas
'MY commission Expires
THE STATE OF §
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared W. B. (BRAX) WRIGHT, 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 said
ASSOCIATED SUPPLY COMPANY, INC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
AS:plxul-Associated Supply Alt Inc..doc
D5.1/August 5 1998
PRANCES WATKINS
' Notary Public, Slate of Texas
i* MY Commission Expires 7.21.2001
STREET USE. LICENSE
ASSOCIATED SUPPLY COMPANY, INC. 3
day of