HomeMy WebLinkAboutResolution - 5222 - Street_Alley &_Or CPGMW Permit - Southwest Convenience Stores Inc - College View - 07_25_1996Resolution No.5222
July 25, 1996
Item 1113
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/Alley And/Or City Public Grounds
Monitor Well Permit by and between the City of Lubbock and Southwest Convenience Stores,
Inc., attached hereto, and 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
ATTEST:
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Harold Willard, Interim City Secretary
APPROVED AS TO CONTENT:
C�
Ed Bucy, Right -of -Way Aent
APPROVED AS TO FORM:
old WilfaYd, Assistant City Attorney
HW.js/SwcoNV.REs
ccdocs/June 21, 1996
Resolution No.5222
July 25, 1996
Item #13
STREET/ALLEY AND/OR CITY
PUBLIC GROUNDS MONITOR WELL. PERMIT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This indenture made this 25th day of July , 1996, being
the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, and SOUTHWEST CONVENIENCE STORES, INC., hereinafter
called "PEFMITTEE."
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 18.00 feet East and 79.00 feet South from the
Northwest corner of Lot 18, Block 4, College View Addition to the City of
Lubbock, Lubbock County, Texas;
THENCE East 2.00 feet to a point;
THENCE South 2.00 feet to a point;
THENCE West 2.00 feet to a point;
THENCE North 2.00 feet to the POINT OF BEGINNING.
BEGINNING at a point which is 89.00 feet North and 15.00 feet East from the
Southeast corner of Lot 19, Block 1, Kinser Addition to the City of Lubbock,
Lubbock County, Texas;
THENCE North 2.00 feet to a point;
THENCE East 2.00 feet to a point;
THENCE South 2.00 feet to a point;
THENCE West 2.00 feet to the POINT OF BEGINNING.
Texas Natural Resource Conservation Commission (TNRCC) leaking petroleum storage tank,
L.P.S.T. Site No. 101410 .
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 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 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 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.
PERMITTEE shall pay to the CITY OF LUBBOCK as compensation for such grant the
sum of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) 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
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 ONE THOUSAND AND
N0/100 DOLLARS ($1,000.00) 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 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 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
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 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 con-
struction 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 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 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 furnish, 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 PERMITTEE 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 PERMITTEE 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.
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT
SOUTHWEST CONVENIENCE STORES, INC. - PAGE 2
AGREED TO AND ACCEPTED this 25 th day of ru 1j, , 1996.
PERMITTEE:
SOUTH " ST CONVENIE CE STORES, INC.
BY:
DAVID BOUTIN
flomrs. ti • 5T t —11-1tn. Ma/s�
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 DAVID R. LANGSTON, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same as the act and deed of the CITY OF LUBBOCK and as its MAYOR, for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30•w, day of
1996.
[Seal]
KATHERINf EGGER>�p✓
1 Notary Public, SW of Texas Notary Public in d for the State of Texas
?y„t, Aty Coaton Expire tPe•97
K�iheY� ne � e
Printed or Typed Name of Notary
My Commission Expires: to- to.gri
THE STATE OF TEXAS
COUNTY OF Ector
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared DAVID BOUTIN, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein stated and as the act and deed of the aforesaid
PERMITTEE.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this second day of
July , 1996.
t�PAULA F PARKEY
* Notary Public, State of Texas
My commission E)O.12-17-97
HW js/P-SWCONV.DOC
D6-Deeds,Esmts/Lune 24, 1996
Py1<:i Pj"
Notary Public in and for theLState of Texas
Paula F. Parkey
Printed or Typed Name of Notary
My Commission Expires: 12/17/97
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT
SOUTHWEST CONVENIENCE STORES, INC. --- PAGE 4
8. PERMITTEE agrees and is required to furnish a policy of public liability and
property damage insurance within limits as follows:
Comprehensive General Liability Insurance
Amounts - Bodily Injury $500,000 each occurrence
Property Damage $100,000 each occurrence
$100,000 for aggregate
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 filrnish a separate insurance policy showing the CITY
OF LUBBOCK as named insured; or
(2) PERMITTEE may furnish 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 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 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 PERMITTEE required hereunder should be mailed to Southwest
Convenience Stores, Inc., 415 N. Grant, Od . , exas 61. �---�
ATTEST:
Harold Willard, Interim City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of- Agent A
arty Hertel, City Engineer
APPROVED AS TO FORM:
44-wa'IaroldAssistantCity Attorney
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT
SOUTHWEST CONVENIENCE STORES, INC. -•-- PAGE 3