HomeMy WebLinkAboutResolution - 2015-R0113 - Street Use License With Lubbock Country Club And City Of Lubbock - 04/09/2015Resolution No. 2015-RO113
April 9, 2015
Item No. 5.11
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, by and
between the City of Lubbock and Lubbock Country Club, and all related documents.
Said License is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this April 9, 2015
GWR7O&RTSON, MAYOR
ATTEST:
Reb t
ca Garza, City Secretary
APPROVED AS TO CONTENT:
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Dave Booher, Right -of -Way Agent
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Chad Weaver, City Attorney
St Use Lic- Lubbock Country Club
2.18.15
, 2015.
' Resolution No. 2015-RO113
STREET USE LICENSE
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
This License made this 6th day of, 2015, being the date
of this Agreement between the CITY OF LUBBOCK, T S, a Home Rule Municipal Corporation,
and Lubbock Country Club, 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 dedicated street to construct
private underground waterlines described in attached Exhibit "A". All work by LICENSEE to
construct, lay, maintain, inspect, operate, replace, change, test, alter, access or remove the private
underground waterlines under any street must be done by boring or other method so as to not use the
surface of any street, as LICENSEE has no right, use or privilege to enter upon the surface of the street
in regard to its waterlines.
The term of this License shall be for five (5) years from date hereof, and shall be automatically
extended for a successive five (5) year term 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 3400 Mesa Rd., Lubbock, Texas 79403, 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 License by the LICENSEE, the improvements that are
permitted 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 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 LICENSEE, for which LICENSEE shall be liable.
1. LICENSEE 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 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 apply. The CITY OF
LUBBOCK shall notify the LICENSEE of any change in rates in writing ninety (90) days 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.
2. The LICENSEE agrees to pay all costs arising out of the exercise of this License herein
granted including, but not limited to, the cost of cleanup of any oil, hazardous substance, or other
material, 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 written
consent of the City Manager of the CITY OF LUBBOCK.
5. 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 time 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 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
LICENSEE 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 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 certificate of public liability and property
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 LUBBOCK as an additional 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 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).
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 cancellation of
this License. No interest for real property is conveyed or granted by this License.
9. The CITY OF LUBBOCK reserves the right to exercise any right or remedy available
to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all
forms of relief in a court of competent jurisdiction. Further, the CITY OF LUBBOCK shall not be
subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The
remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the
extent of any conflict between this provision and another provision in, or related to, this document, this
provision shall control.
ATTEST:
Rebe ca Garza, City Secretary
CITY OF LUBBOCK
By:
. RERTSON, MAYOR C
STREET USE LICENSE
LUBBOCK COUNTRY CLUB.
APPROVED AS TO CONTENT:
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
Chad Weaver, City Attorney
AGREED TO AND ACCEPTED this 9th day of April 2015.
CLUB
By; �-•
5taey Wo. n' GeneroQ rn r�,ger
LKFa l�oc4.lc CJh..�i+i rI pli"j
THE STATE OF TEXAS
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on
this day personally appeared GLEN C. ROBERTSON, 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 he
executed the same for the purposes and consideration therein expressed and in the capacity therein
stated.
IVEN pUNDER MY HAND AND
AXE , 2015.
,o"I. FEgS;O.,,
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C r
THE STATE
COUNTY OF LUBBOCK
SEAL OF OFFICE this q1tday of
My Commission Expires:
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on
this day personally appeared Si a�V
LAj 5oo , 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 expressed and as an act and deed of said
Lubbock Country Club.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 43 day of
X""Ci 12015.
TRUDY GAMBLE�— /C9
way soofTM Notary Pu"`c ut and for the State of Texas
W/Cawrds Epp uffi4&2017
My Commission Expires:
StUseLicense-Lubbock Country Club
2.18.15
STREET USE LICENSE
LUBBOCK COUNTRY CLUB.
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Proposed Street Use License Area for Private Underground Water Line
Located at Mesa Road & Manioca Road and North of Lot 36, Northridge Addition
Feet
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