HomeMy WebLinkAboutResolution - 2019-R0252 - Street Use License And/ City Public Grounds Monitor Well Permit - Incontrol Tech - 07/23/2019 Resolution No. 2019-RO252
Item No. 6.14
July 23,2019
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, a Street Use License and/or City Public Grounds
Monitor Well Permit by and between the City of Lubbock and InControl Technologies,
Inc., 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 on July 23 2019
DANIEL M. POPE, MAYOR
ATTEST:
ebe ca Garza, City Secret ry
APPROVED AS TO CONTENT:
c
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
Ryw Br oke, A istant City Attorney
Res.St Use Lic-Monitor well Permit-1nCoiitrol "Technologies, Inc.
6.10.19
Resolution No. 2019-RO252
STREET/USE AND/OR CITY
PUBLIC GROUNDS MONITOR WELL PERMIT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
This indenture made this 23rd day of July , 20_Lq being
the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, and INCONTROL TECHNOLOGIES, INC., hereinafter 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, as
described in Exhibit"A" attached hereto, and being further described as follows, to-wit:
BEGINNING at the northeast corner of property having legal description of
LIVE OAK L 198-A;
THENCE South 15-feet along eastern property boundary;
THENCE East 6-feet;
THENCE North 2-feet;
THENCE East 2-feet;
THENCE South 2-feet;
THENCE West 2-feet.
BEGINNING at the northeast corner of property having legal description of
LIVE OAK L 198-A;
THENCE South 45-feet along eastern property boundary;
THENCE East 6-feet;
THENCE North 2-feet;
THENCE East 2-feet;
THENCE South 2-feet;
THENCE West 2-feet.
BEGINNING at the northeast corner of property having legal description of
LIVE OAK L 198-A;
THENCE South 75-feet along eastern property boundary;
THENCE East 6-feet;
THENCE North 2-feet;
THENCE East 2-feet;
THENCE South 2-feet;
THENCE West 2-feet.
BEGINNING at the northeast corner of property having legal description of
LIVE OAK N85' of L 198-B;
THENCE East 4-feet along north property boundary;
THENCE South 10-feet;
THENCE West 2-feet;
THENCE North 2-feet;
THENCE East 2-feet.
TCEQ Site No; Contract No. 582-17-70629
The tern of this grant shall be for five (5) years from date hereof, and shall be
automatically extended for successive five (5) year terns 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 tern, 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
TWO HUNDRED FIFTY AND NO/100 DOLLARS (4250.00) and is non-refundable.
Upon expiration or cancellation and revocation of this permit by the CITY OF
LUBBOCK or the abandonment of the pen-nit 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
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS
MONITOR WELL PERMIT
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
PERMITTEE of any change in rates in writing before the start of the five (5) year tern 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
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS
MONITOR WELL PERMIT
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
furnish, 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 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 TCEQ 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 required 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 and
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:
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS
MONITOR WELL PERMIT
(1) Permittee may furnish 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.
11. 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.
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, InControl Technologies, Inc., 14731
Pebble Drive, Houston,Texas,77068.
AGREED TO AND ACCEPTED this Qo day of A a-e, , Mlq.
� r
CITY OF LUBBOCK PERMITTEE:
InControl Technologies, Inc
BY: -D"� www-
Daniel M. Pope, Mayor
PRINT: )�\vic&\G %C.krca v,
TITLE: eS e '-1
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS
MONITOR WELL PERMIT
ATTEST:
Rebe ca Garza, City Secret y
APPROVED AS TO CONTENT:
Michael Keenum, F.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
x —)0(—
Rya r ke, Assistant City Attorney
Licenses.Street Use-Monitor Well Permit-InControl Technologies,Inc
6.10.19
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS
MONITOR WELL PERMIT
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 Daniel M. Pope, Mayor, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the sarne 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.
(I
IVEN UNDER MY HAND AND SEAL OF OFFICE this ( �` day
of r` ,All.
r
i
JENNIFER SOWDER CLEMENTS 11 a Public in and for the State of Texas
p,PHY PUB14`
* * Notary Public,Slate of Texas
Notary IN 12497068-3 r,
s'4oKt � My Commission Expires 06.28-2020 My Commission Expires: C
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for said County,
Texas, on this day personally appeared N At4LUA MU,17,0v1 ,
known to me to be the person whose name is stibscribed to the foregoing instrument and
acknowledged to me that he/she executed the same for the purposes and consideration therein
expressed and as act and deed of aforesaid PERMITTEE.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this I`�Y� day
of ,UtIA .
I III Jill iiiiii Jill 1111, k14
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JuliaWyremNot ry Public in nd for the State of Texas
My commission Expires
03/10/2020
ID No.130574840
My Commission Expires: tAj l0 jU-"0
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS
MONITOR WELL PERMIT
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