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HomeMy WebLinkAboutResolution - 2022-R0429 - 5 Street Use Licenses to Texland Petroleum L.P.Resolution No. 2022-RO429 Item No. 5.5 October 25, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, five (5) Street and/or Alley Use Licenses by and between the City of Lubbock and Texland Petroleum Inc., and related documents. Said Licenses are 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 on ATTEST: PIL"P� )K- Re ca Garza, City Secret APPROVED AS TO CONTENT: October 25, 2022 TRAYWAVrAYOR lq4-.e,w zza-�� Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: City Attorney ccdocsi'RES.Street Use License-(5) Texland Petroleum Inc. 9.9.22 Resolution No. 2022-RO429 STREET AND/OR ALLEY USE LICENSE THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This License made this 25th day of October , 2022, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and TEXLAND PETROLEUM, 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 and/or alley to construct and maintain a system of oil flow pipelines, this license being classified as a subsurface license, and LICENSEE shall bore under all existing concrete and asphalt paving and drainage improvements and street and/or alley appurtenances so as to avoid cutting or destroying the same and all street and/or alley crossings shall be cased with steel casing and such casing shall be vented externally, and such pipelines shall be constructed of tubular steel and have a minimum cover of at least 40 inches from the ground surface at the following locations: PORTION OF NORTH ELDER AVENUE BEGINNING at a point that is 80.00 feet Northeast of the Northeast comer of Lot 7, Lubbock Industrial Park Addition to the City of Lubbock, Lubbock County, Texas; THENCE 75.00 feet East to a point; THENCE 2.00 feet South to a point; THENCE 75.00 feet West to a point; THENCE 2.00 feet North to the POINT OF BEGINNING. Said portion of a dedicated street and/or alley being further described in Exhibit "A." The term of this License 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 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 777 Main Street, #3200, Fort Worth, Texas 76102, 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 SEVEN HUNDRED AND EIGHTY-SEVEN AND 501100 DOLLARS ($787.50) 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 policy 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 the insured, said policy covering the uses herein granted. General Liability Insurance. Owner shall maintain general liability insurance with a combined single limit of a minimum of $100,000 per occurrence and such insurance shall include the following: ■ Bodily Injury and Property Damage ■ Broad Form Contractual Liability Owner shall provide a Certificate of Insurance to the City of Lubbock as evidence of the required insurance coverage. The Certificate will provide 30 days notice of cancellation. Such Certificate of Insurance shall name the City of Lubbock as an additional insured and must include wording which states that the policy shall be primary with respect to any insurance carried by City of Lubbock and be endorsed to include a waiver of subrogation in favor of the City of Lubbock. 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. THE STATE OF TEXAS § COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Tray Payne, 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 she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ^V--7-VL - day of , 2022. CARINA REYES Notary Public, State of Texas Notary ID# 13331645.5 a My Commission Expires 09.07-2025WNWO THE STATE OF TEXAS COUNTY OF IkUM-r § Notary Public in and f&4he State of Texas My Commission Expires: BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared'38MES N. 63ILy-ES , 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 as an act and deed of said Texland Petroleum prrt,.lr.P GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1qj0- day of 3EPT&)e)e2 , 2022. �`���•:�pRYPvB �C ��. . +,�rFOF'��,.�, ��. •. rZ658.. Street Use Lic-Texland Petroleum Inc.-N. Elder Avenue 8.25.22 6y40 an for the State of Texas My Commission Expires: U I I g I a %y.. AGREED TO AND ACCEPTED this 25th CITY OF LUBBOCK: � % - . , �A01&FWjg ATTEST: R- Rebeka Garza, City ecr ary APPROVED AS TO CONTENT: day of October , 2022. Texland Petroleum, L.P. By: Texpet Mgt. L.L.C., general partner By: , L #-- W, — Print ame: JFM ES u . I0 ►LkES Title: u 2ESIDENT xk��z Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: --A Rya roo , Assi to City Attorney Proposed Street Use License for Well Access Point Located Within a Portion of North Elder Avenue Along Lot 8 of Lubbock Industrial Park Subdivision _ 4 1- �ry•� ^� 4; Proposed Street Use license 750 sq ft `n "8. _ � r•1 1�7 ti 7 y. Feet 0 250 500 750 1,000 As required by Chapter 2051, Geospatial Data Products of the Government Code, this product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an ondhe-ground survey and represents only the approximate relative location of property boundaries. 0 f!ubb66k ity of Digital Orthophotography - May 2021 Resolution No. 2022-RO429 STREET AND/OR ALLEY USE LICENSE THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This License made this 25th day of October , 2022, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and TEXLAND PETROLEUM, hereinafter called "LICENSEE." Z.P. 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 and/or alley to construct and maintain an underground pipeline to transport and dispose of saltwater resulting from oil production, this license being classified as a subsurface license, and LICENSEE shall bore under all existing concrete and asphalt paving and drainage improvements and street and/or alley appurtenances so as to avoid cutting or destroying the same and all street and/or alley crossings shall be cased with steel casing and such casing shall be vented externally, and such pipelines shall be constructed of tubular steel and have a minimum cover of at least 40 inches from the ground surface at the following locations: A 10.0 feet pipeline easement 5.0 feet on each side of the centerline out of Valley View Addition to the City of Lubbock, out of Section 78, Block A, Lubbock County, Texas and the centerline being more particularly described as follows: Beginning at a 3i 8" iron rod set in the Northerly line of Block 7, Valley View Addition whence the Northwest P.I. Corner of Block 7 bears North 0°23'00" West, 15.59 feet and South 89"37'00" West, 3.40 feet; Thence North 0°23'00" West at 50.59 feet pass the North line of Valley View Addition and continuing for a total distance of 70.59 feet to a 3./ 8" iron rod set in the North line of Yucca Lane, for the end of this description. Said portion of a dedicated street and/or alley being further described in Exhibit "A." The term of this License 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 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 777 Main Street, #3200, Fort Worth, Texas 76102, 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 SIX HUNDRED AND FIFTY-ONE AND 30 100 DOLLARS ($651.30) 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 policy 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 the insured, said policy covering the uses herein granted. General Liability Insurance. Owner shall maintain general liability insurance with a combined single limit of a minimum of $100,000 per occurrence and such insurance shall include the following: ■ Bodily Injury and Property Damage ■ Broad Form Contractual Liability Owner shall provide a Certificate of Insurance to the City of Lubbock as evidence of the required insurance coverage. The Certificate will provide 30 days notice of cancellation. Such Certificate of Insurance shall name the City of Lubbock as an additional insured and must include wording which states that the policy shall be primary with respect to any insurance carried by City of Lubbock and be endorsed to include a waiver of subrogation in favor of the City of Lubbock. 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. THE STATE OF TEXAS COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Tray Payne, 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/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _�'h day of , 2022. — ��?"Y CARINA REYES Notary Public, State of Texas Notary ID# 13331645-5 My Commission Expires 09.07-2025 THE STATE OF TEXAS § COUNTY OF—fk ANT § Notary Public in and for �t?ate of Texas My Commission Expires: — BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appearedt ,prmES 14. 1,LV ES , 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 as an act and deed of said Texland Petroleum® GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 'SeeTep-NWy , 2022. Public i and for the State of Texas My Commission Expires: (p 11 �z iaoaLl Street Use Lic-Texland Petroleum Inc. -Yucca Lane 8.25.22 AGREED TO AND ACCEPTED this 25th day of October , 2022. Texland Petroleum, L.P. By: Texpet Mgt. L.L.C., general partner By: �- W Printe ame: mES 7 • OIICES Title: ` 12 F.S tDE�1T ATTEST: Reb cca Garza, City Sec t APPROVED AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO Ryaj4 Brofte, Xssisfant City Attorney N Proposed Street Use License co�C"A Located Within Portions of Yucca Lane and Valley View Drive _ in Section 78, Block A T 1EEL � e a Irk' � T jF Proposed Street Use License (780 sq. ff.) WMN i� Feet 0 50 100 150 200 250 As required by Chapter 2051, Geospatial Data Products of the Government Code, this product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. it does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. fL'4"u'.bbo& ity of TEXAS Digital Orthophotography - May 2021 Resolution No. 2022-RO429 STREET AND/OR ALLEY USE LICENSE THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This License made this 25th day of October , 2022, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule MuniciYf Corporation, and TEXLAND PETROLEUM,I�., hereinafter called "LICENSEE." bi LL.tt'', 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 and/or alley to construct and maintain a system of oil flow pipelines, this license being classified as a subsurface license, and LICENSEE shall bore under all existing concrete and asphalt paving and drainage improvements and street and/or alley appurtenances so as to avoid cutting or destroying the same and all street and/or alley crossings shall be cased with steel casing and such casing shall be vented externally, and such pipelines shall be constructed of tubular steel and have a minimum cover of at least 40 inches from the ground surface at the following locations: TRACT I — PORTION OF KENT STREET A 10 feet wide portion of Kent Street, 5.0 feet on each side of the centerline, out of Section 9, and Section 78, Block A, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point in the North R.O.W. line of Kent Street, for the beginning point of said centerline description, whence the Southwest corner of Section 9, Block A bears South 0°03'29" East, 25.0 and North 89°56'31" West, 1306.82 feet; Thence South 0°52'10" East, at 25.0 feet cross the South line of Section 9, and the North line of Section 78, continuing for a total distance of 50.01 feet to a point for the end of this description, whence the Northwest corner of Section 78, Block A bears North 000329" West, 25.0 feet and North 89°56'31" West, 1307.53 feet. Containing 500 square feet. TRACT II — PORTION OF MANIOCA ROAD A 10 feet portion of Manioca Road, 5 feet on each side of the centerline, in Northridge Addition to the City of Lubbock, out of Section 78, Block A, Lubbock County, Texas, and the centerline being more particularly described as follows: BEGINNING at a point in the West line of Lot 29, Northridge Addition and the East R.O.W. line of Manioca Road, for the beginning point of said centerline description, whence the Southwest corner of Lot 29, Northridge Addition bears South 32°04'19" West, a chord distance of 102.18 feet; Thence North 76002'17" West, 53.52 feet to a point, in the West R.O.W. line of Manioca Road and the West line of Northridge Addition, for the end of this description. Containing 535 square feet. Said portion of a dedicated street and/or alley being further described in Exhibit "A." The term of this License 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 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 777 Main Street, #3200, Fort Worth, Texas 76102, 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 THOUSAND FIVE HUNDRED AND THIRTY-SEVEN AND 25/ 100 DOLLARS ($5,537.25) 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 policy 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 the insured, said policy covering the uses herein granted. General Liability Insurance. Owner shall maintain general liability insurance with a combined single limit of a minimum of $100,000 per occurrence and such insurance shall include the following: ■ Bodily Injury and Property Damage ■ Broad Form Contractual Liability Owner shall provide a Certificate of Insurance to the City of Lubbock as evidence of the required insurance coverage. The Certificate will provide 30 days notice of cancellation. Such Certificate of Insurance shall name the City of Lubbock as an additional insured and must include wording which states that the policy shall be primary with respect to any insurance carried by City of Lubbock and be endorsed to include a waiver of subrogation in favor of the City of Lubbock. 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. AGREED TO AND ACCEPTED this 25th day of October , 2022. CITY OF LUBBOCK: Texland Petroleum, L.P. By: Texpet Mgt. L.L.C., general partner 1,44- By: I 1 Print ame:3 S H • Q ►LW S Title: ?ksS \»IT THE STATE OF TEXAS COUNTY OF<AN-( § BEFORE ME, the undersigned uthority, a Notary Public in and for said County and State, on this day personally appeared is • <,V IUCES , 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 as an act and deed of said Texland Petroleum ll. -' • GIVEN UNDER MY HAND AND SEAL OF OFFICE this I ` l� ` day Of S&07EMba , 2022. No ary ub is i d for the State of Texas My Commission Expires: (o ��'acpa4 Street Use Lic-Texland Petroleum Inc. -Kent & Manioca 8.25.22 ATTEST: Reb ca Garza, City S et APPROVED AS TO CONTENT: i Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: -"A- -Z�f "�� Rya/Br, As ist t City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Tray Payne, 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/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of bc+00 - 12022. CARINA REYES Notary Public in and for a State of Texas Notary Public, State of Texas My Commission Expires: 07— 2D25 Notary ID# 13331645-5 My Commission Expires 09.07-2025 N Proposed Street Use Licenses 0 Located Along Kent Street and Manioca Road -t . in Section 78, Block A a_ sG L rr• e! 8 00�•� C T { _ Tract 1 (500 sq. ft.) �J Feet 0 100 200 300 400 500 As required by Chapter 2051, Geospadal Data Products of the Government Code, this product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. @ does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. r Tract 2 (535 sq. ft.) r' City of Lubbock TEXAS Digital Orthophotography - May 2021 Resolution No. 2022-RO429 STREET AND/OR ALLEY USE LICENSE THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This License made this 25th day of October , 2022, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and TEXLAND PETROLEUM,IW., hereinafter called "LICENSEE." L.P 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 and/or alley to construct and maintain an underground pipeline for transporting oil to storage, this license being classified as a subsurface license, and LICENSEE shall bore under all existing concrete and asphalt paving and drainage improvements and street and/or alley appurtenances so as to avoid cutting or destroying the same and all street and/or alley crossings shall be cased with steel casing and such casing shall be vented externally, and such pipelines shall be constructed of tubular steel and have a minimum cover of at least 40 inches from the ground surface at the following locations: Field notes on a 10.0 feet pipeline easement, 5.0 feet on each side of the centerline out of Lucille Addition to the City of Lubbock, out of Section 9, Block A, Lubbock County, Texas and the centerline being more particularly described as follows: Beginning at a point in the West line of Lot 6, Lucille Addition at centerline station 0+61.5, from whence the Northwest corner of Lot 6, Lucille Addition bears North, 15.2 feet; Thence West, 4.0 feet to a 3/8" iron rod set for centerline P.I. station 0+71.5; Thence South 4.0 feet West of and parallel to the East line of North Avenue E, a distance of 68.8 feet to a 3/8" iron rod set at centerline P.I. station 1+40.3; Thence West across North Avenue E and along the centerline of Newcomb Street, a distance of 476.26 feet to a 3/8" iron rod set 13.1 feet West and 28.0 feet North of a 1" iron pipe found at the Northwest corner of Lot 20, Lucille Addition, said 3/8" iron rod being at centerline P.I. station 6+16.56; Thence South, 13.1 feet West of and parallel to the East line of Mesa Road, a distance of 830.78 feet to a 3/8" iron rod set at centerline station 14+47.34 for the end of this description, whence the Southwest corner of Lot 20, Lucille Addition bears East, 13.1 feet and North 624.78 feet. Containing 13,798.4 square feet. Said portion of a dedicated street and/or alley being further described in Exhibit "A." The term of this License 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 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 777 Main Street, #3200, Fort Worth, Texas 76102, 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 SIX THOUSAND EIGHT HUNDRED AND NINETY-NINE AND 201100 DOLLARS ($6,899.20) 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 policy 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 the insured, said policy covering the uses herein granted. General Liability Insurance. Owner shall maintain general liability insurance with a combined single limit of a minimum of $100,000 per occurrence and such insurance shall include the following: ■ Bodily Injury and Property Damage ■ Broad Form Contractual Liability Owner shall provide a Certificate of Insurance to the City of Lubbock as evidence of the required insurance coverage. The Certificate will provide 30 days notice of cancellation. Such Certificate of Insurance shall name the City of Lubbock as an additional insured and must include wording which states that the policy shall be primary with respect to any insurance carried by City of Lubbock and be endorsed to include a waiver of subrogation in favor of the City of Lubbock. 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. AGREED TO AND ACCEPTED this 25th day of October , 2022. CITY OF LUBBOCK: ATTEST: Texland Petroleum, L.P. By: Texpet Mgt. L.L.C., general partner By: W/A/—, Prin Name: ,jP nES �. 01LKFS Title: VKBIDENT Reb f cca Garza, City Secr4ta APPROVED AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: Of -,&- Ryfn Yloke, ssistant City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Tray Payne, 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 -'she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �5 day of , if , 2022. CARINA REYES Notary Public, State of Texas Notary ID# 13331645-5 y My Commission Expires 09-07-2025 THE STATE OF TEXAS § COUNTY OF�J'}1�jT § (2 ja'�� Q Notary Public in and fo4thk State of Texas My Commission Expires:_ BEFORE ME, the undersigned authorit a Notary Public in and for said County and State, on this day personally appeared.3ft� , � - O(LKES , 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 as an act and deed of said Texland Petroleum GIVEN UNDER MY HAND AND SEAL OF OFFICE this Ian' day of 12022. OPub4lic in and for the tat of Texas ission Expires: dOd PL- Kq .. • Pii�c Oiz y• I rE of i A me Street Use Lic-Texland Petroleum Inc. -Mesa & Newcomb 8.25.22 N -T— �,,,°�,,> Proposed Street Use License Located Within Portions of Newcomb Street and Mesa Road w IVFN in Block A, Section 9 -- T E EFNr �20 .. _ MEL LU 17 Feet 0 100 200 300 400 500 As required by Chapter 2051, Geospatial Data Products of the Government Code, this product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. { &I'M City of if Lubbock TEXAS Digital Orthophotography - May 2021 Resolution No. 2022-RO429 STREET AND/OR ALLEY USE LICENSE THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK This License made this 25th day of October , 2022, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and TEXLAND PETROLEUM)INC., 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 and/or alley to construct and maintain an underground pipeline to transport and dispose of saltwater resulting from oil production, this license being classified as a subsurface license, and LICENSEE shall bore under all existing concrete and asphalt paving and drainage improvements and street and/or alley appurtenances so as to avoid cutting or destroying the same and all street and/or alley crossings shall be cased with steel casing and such casing shall be vented externally, and such pipelines shall be constructed of tubular steel and have a minimum cover of at least 40 inches from the ground surface at the following locations: Field notes on a 10.0 feet pipeline easement, 5.0 feet on each side of the centerline, out of Section 11, Block A, and Section 1, Block D-4, Lubbock County, Texas and the centerline being more particularly described as follows: Beginning at a 3i8" iron rod set in the South R.O.W. line of Kent Street, whence the Northeast corner of Section 11, Block A bears North 0°04'05" West, 35.00 feet and South 89°55'30" East, 808.26 feet; Thence North 0°04'05" West at 35.0 feet cross the North line of Section 11, Block A and the South line of Section 1, Block D-4, at 40.0 feet cross the centerline of Kent Street, continuing for a total distance of 80.0 feet to a 3/8" iron rod set in the North R.O.W. line of Kent Street, for the end of this description, whence the Northeast comer of Section 11, Block A bears South 0°04'05" East, 45.0 feet and South 89°55'30" East, 808.26 feet; Containing 800 square feet. Said portion of a dedicated street and/or alley being further described in Exhibit "A." The term of this License 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 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 777 Main Street, #3200, Fort Worth, Texas 76102, 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 THREE THOUSAND FOUR HUNDRED AND XX/100 DOLLARS ($3,400.00) 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 policy 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 the insured, said policy covering the uses herein granted. General Liability Insurance. Owner shall maintain general liability insurance with a combined single limit of a minimum of $100,000 per occurrence and such insurance shall include the following: ■ Bodily Injury and Property Damage ■ Broad Form Contractual Liability Owner shall provide a Certificate of Insurance to the City of Lubbock as evidence of the required insurance coverage. The Certificate will provide 30 days notice of cancellation. Such Certificate of Insurance shall name the City of Lubbock as an additional insured and must include wording which states that the policy shall be primary with respect to any insurance carried by City of Lubbock and be endorsed to include a waiver of subrogation in favor of the City of Lubbock. 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. AGREED TO AND ACCEPTED this 25th day of October , 2022. CITY OF LUBBOCK: ATTEST: 'CD '0 dw� A"'� Rebf ca Garza, City Secret APPROVED AS TO CONTENT: Texland Petroleum, L.P. By: Texpet Mgt. L.L.C., general partner By: JW . Printed Name: �H-1('(lES N . 0 11..10ES Title: P0'C"SL-\'F—J\1T Z/t-� Z'L�� Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: Van Bkoke, ssi ant City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Tray Payne, 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/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 5 day of _ 1) , 2022. CARINA REYES W -Iry pv". • 'tote at 700 otP W"" THE STATE OF TEXAS § COUNTY OF �WMW Notary Public in and for State of Texas My Commission Expires: bl—Di— 2D25 BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared �AMES �1 • k)IuKES , 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 as an act and deed of said Texland Petroleum, � L, P NN GIVEN UNDER MY HAND AND SEAL OF OFFICE this �'I day of SC —Prom e 6 P_ 12022. No y Publi in and for the State f Texas My Commission Expires: 1`bcAAj Street Use Lic-Texland Petroleum Inc. -Kent Street 8.25.22 N f _�_ Q n 8 i�\� Proposed Street Use License Located Within a Portion of Kent Street _in Block A, Section 11 and Block D-4, Section 1 • i c4 .-AW_ { MIS - Proposed Street Use License 800 sq it �I Feet 0 100 200 300 400 500 City of As required by Chapter 2051, Geospatial Data Products of the Government Code, this product is for informational purposes Lubbock and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an t I x A s on -the -ground survey and represents only the approximate relative location of property boundaries. Digital Orthophotography - May 2021