HomeMy WebLinkAboutResolution - 6431 - Street Use License_Monitor Well Permit - Omega Environmental Inc. - 08_12_1999Resolution No. 6431
Aug. 12, 1999
Item No. 21
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 and/or City Public
Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and
Omega Environmental, Inc. 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 12th day of Aug. 19%9.
WINDY SIT(yO1q, NtkYOR
ATTEST:
4Ka
me 1, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right-of-Wa Agent
APPROVED AS TO FORM:
Linda Chamales
Supervising Attorney/Office Practice
gs/omega Environmental, Inc.res
ccdocslJ=e 17, 1999
Resolution No. 6431
Aug. 12, 1999
Item No. 21
STREET/ALLEY AND/OR CITY
PUBLIC GROUNDS MONITOR WELL PERMIT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this 12th day of Aug. , 1999, being
the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, and OMEGA ENVIRONMENTAL, 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 a groundwater monitoring
well, to -wit:
Beginning at a point which is 25.00 feet West and 5.00 feet South of the
Southeast comer of Lot 2, Block 47, Coronado Addition to the City of Lubbock,
Lubbock County, Texas;
THENCE 2.00 feet South to a point;
THENCE 2.00 feet West to a point;
THENCE 2.00 feet North to a point;
THENCE 2.00 feet East to the POINT OF BEGINNING.
Texas Natural Resource Conservation Commission (TNRCC) leaking petroleum
storage tank, Site No. 100291.
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
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 serviced 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.
1. PERMITTEE shall pay to the CITY OF LUBBOCK as compensation for
such grant the sum of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) 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 PERMIT FEE 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 HUNDRED AND N0/100 DOLLARS ($500.00)
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 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 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 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 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, 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 famish, 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 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 Permittee's sole expense. This new well, if required by the
STREET/ALLEY AND/OR CITY PUBLIC
GROUNDS MONITOR WELL PERMIT
Texas Water Commission, could be located on City owned property and Permittee 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. 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 reguired 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 Damage $100,000 each occurrence
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 famish an insurance certificate showing the City of
Lubbock as an additional named insured by endorsement on Permittee's
insurance policy.
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 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, OMEGA
ENVIRONMENTAL, INC., 16350 Park Ten Place, Suite 200, Houston, TX. 77084.
STREET/ALLEY AND/OR CITY PUBLIC
GROUNDS MONITOR WELL PERMIT
A ST:
Kayt ' alnell, City Secretary
APPROVED AS TO CONTENT:
txrricvvru tizi iv rvxm:
Linda Chamales
Supervising Attomey/Office Practice
AGREED TO AND ACCEPTED this a 9 day of 2 1999.
PERMITTEE: OMEGA ENVIRONMENTAL, INC.
ADDRESS: 16350 Park Ten Place, Suite 200
Houston, TX 77084
oe
BY:
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County,
Texas, on this day personally appeared WINDY SITTON, MAYOR,
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 MAYOR, for the purposes and consideration therein expressed and in
the capacity therein stated.
t� � N UNDER MY HAND AND SEAL OF OFFICE this 13 day
of , 1999.
\".J �s 1kORFA OFLL
? _ �Y Po66e. SUte of Teas
►IyCommLU11- Expires 06.25.01
All
Notary Public in and for the
State of Texas 14rib e-F-A 6ELI-
Printed or Typed Name of Notary
STREET/ALLEY AND/OR CITY PUBLIC
GROUNDS MONITOR WELL PERMIT
THE STATE OF TEXAS
BEFORE ME, the undersigned authority, a Notary Public in and for said County,
Texas, on this day personally appeared --1hn Le,►►'► bC1C--
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.
_GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
�l oae. , 1999.
C. L. CAMPBELL
Of
�F Cortm• Fes. 0217,7A03
gs/SA Well Permit -Omega Environmental, Inc.doc
#D5.4/Lune 17, 1999
Notary Public in and f r the
State of Texas
Printed or Typed N e of Notary
STREET/ALLEY AND/OR CITY PUBLIC
GROUNDS MONITOR WELL PERMIT