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HomeMy WebLinkAboutResolution - 6066 - Street_Alley And Monitor Well Permit - Western Marketing Inc. - 10_22_1998Resolution No. 6066 Item No. 22 October 22, 1998 BE IT RESOLVED BY THE CITY COUNCIL OF TBE 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 Western Marketing, 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 22nd d y of October 1998. c VaND Y SIT O A ST: Kayt arnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, fight -of -Way Agpft APPROVED AS TO FORM: Linda Chamales, Assistant City Attorney HQgs/Westem Marketing, Inc.rm ccdocs/Augiut 17, 1998 Resolution No. 6066 Item No. 22 October 22, 1998 STREET/ALLEY AND/OR CITY PUBLI ERMIT THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 22nd day of October . 1998, being the date of this Agreements tween the CITY OF LUBBOM TEXAS, a Home Rule Municipal Corporation, and WESTERN MARKETING, INC., herein 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 6.00 feet West and 19.00 feet North of the Southwest comer of Lot 10, Block 7, Zuni Park Addition to the City of Lubbock, Lubbock County, Texas; THENCE 2.00 feet West to a point; THENCE 2.00 feet North to a point; THENCE 2.00 feet East to a point; ' THENCE 2.00 feet South to the POINT OF BEGINNING. Texas Natural Resource Conservation Commission (TNRCC) lung petroleum storage tank, L.P.S.T. Site No. 109960. 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 pgrty 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 NO1100 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.pecmit by the PERMITIEE, 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 ppoossession and remove or cause to be removed such improvements, and the expense insured shall be assessed against PERMITTEE, for which PERMITTEE shall be liable. 1. PERMPITEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of FIVE HUNDRED AND N0/100 DOLLARS (S500.00) cash in advance contemporaneously with the acceptance and execution hereof by PERNIITTEE 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 LUBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of 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 RTWnRFD ;- "'In NO/I AP TW',; a.A RP ITV,00.'JO) iee shalt be teudtred in the form of'& certified or cashier's check prior to the pbcing 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 trEffic 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 PER)VIITTEE 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 descnbed 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 pert 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 PERMTITEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnifythe 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 famish, 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 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 PERMI= 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 PERM= 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. 8. PERMTEE agrees and is EMired to famish a policy of public liability and property damage insurance within limits as follows: Comprehensive General Liability Insurance Amounts — Bodily Injury Property Damage $500,000 each occurrence $100,000 each occurrence $100,000 for aggregate OR Comme.,-.Ul General Liability Insurance Amount $600,000 combined single limit each occurrence and in the aggregate Solely at PEPLMI E '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 STREET/ALLEY AND/OR MY PUBLIC GROUNDS MONCrOR WELL PERMIT WESTERN MARKETING, INC. (2) PERMITTEE may famish 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 bin ' 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 PERNT=, 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 PERIv9= required hereunder should be mailed to Western Marketing, Inc. P. O. Box 147, Abilene, Texas 79604. A ST: Lj_,) &Wj'j� K�ylhijarnell,City Secretary APPROVED AS TO CONTENT: Ed Bucy t-o ent Larry Herte i Engineer APPROVED AS TO FORM: Linda Charnales, Supervising Altorney AGREED TO AND ACCEPTED this 25th day of October . 1998. PEPJAITTEE: STREETIALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT WESTERN MARKETING, INC. THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this sayy personally appeared WINDY S11TON, known to me to be the person whose name is ubscnbed 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 for the purpose and consideration therein expressed. IV NR Q UNDER MY HAND, AND SEAL OF OFFICE this o2 �P� day of C SYLVIA H. HEYES . Notary Pubk, State of Texas my Commission Expires '•�. ,,0 04-23-02 THE STATE OF TEXAS § COUNTY OF LUBBOCK § No Pubic n 4Ian o e State o Texas �U 1Q. • T�V�s Printed or Typed Name of Notary My Commission Expires: W ,� 3— BEFORE ME, the undersigned authority, a otary Public in and for said County, Texas, on this day personally appeared = ,eA,,oge W ]mown 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 3 day of 1998. �H1E ii. M-41 EW lYofary Pic, %%ofTom TA? �y tau E>4, 06�14-00 F%ASAAP11WW Permit-Wcermd= September 16, 1999 Notary Public m and for the State of Texas Printed or Typed Name of Notary My Commission Expires: 6 —/ '�—d d STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT WESTERN MARKETING, INC.