HomeMy WebLinkAboutResolution - 2023-R0251 - Street Use Agreement for ROW with Vista Bank in Block 181, Original TownResolution No. 2023-RO251
Item No. 5.13
May 23, 2023
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 Agreement by and between the
City of Lubbock and Vista Bank, and related documents. Said Agreement 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
APPROVED AS TO CONTENT:
May 23, 2023
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
RES.Street Use License Agreement -Vista Bank
4.20.23
Resolution No. 2023-RO251
STREET USE LICENSE
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
This License made this day of + ' l 6�-\, , 2023, being the
date of this Agreement between the CITY OF LUBBOC , TEXAS, a Home Rule Municipal
Corporation, and Vista Bank, 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 for a Building awning, and being further described as follows:
Block 181, Original Town of Lubbock.
Said portion of a dedicated street being further described in the attached 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 1506 Texas Ave,
Lubbock, TX 79401, 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 00/100 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 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:
2
■ 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.
M
AGREED TO AND ACCEPTED this
CITY OF L
to 17318WMAW'd. f_ • '
ATTEST:
CAIArll � rr
Co (ney Paz, City Sec
APPROVED AS TO CONTENT:
9 day of rq y , 2023.
Vista
Printed 4a-m)e: L
Title: F;;�q P' pv !;4_ _
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
4
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 2aJ day
of Nor 52023.
�saY CARINA REYES Notary Public in and for State of Texas
Notary Public, State of Texas My Commission Expires: — 01— �=-6
Notary ID# 13331645.5
t My Commission Expires M7.2M5
THE STATE OF TEXAS
COUNTY OF L, L L c, C K
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared - P17 n0; Lo, I , 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
Vista Bank.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
of M a ,� 2023.
Is
BAYLI HAWKINS
Notary ID #13n 65629
ExpireMy Commission Expires
June 8, 2025
Street Use Lic-Vista Bank 4.20.23
4.20.23
I
Notary Public in and for the State of Texas
My Commission Expires: 6- d - dS
W
day
EXHIBIT
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Detail A (Scala I" - 5')
S 88' 15'34" E - 1.83'
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N 88'15'34' W - 1.81'
BFGINNING
1®40'35" W - 0.51'
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88'20'59" E - 5.00'
15th Street
(75' R.O.W.)
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N 88'21'01" W - 125.39'
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LUBBOCK COUNTY, TEXAS
BEING a 35.59 square feet tract out of the Right -of -Way of Texas Avenue in Block 181, Original Town of Lubbock,
Lubbock County, Texas as recorded in Volume 5, page 386. Deed Records, Lubbock County, Texas, also being parallel
and adjacent to the East line of Lot 18, Block 18. Original Town of Lubbock, and being further described by metes and
bounds as follows:
BEGINNING at a point in the East line of said Lot 18. from which a Cut "X" in concrete found for a 5 feet offset to the
East of the Southeast corer of said Lot 18 bears, S.Id40'35"W. 0.51 feet and S.88'20'59**W. 5.00 feet;
THENCE N.1'40'35"E. 19.02 feet along said East line to a point;
THENCE S.88' I5'34"E. 1.83 feet to a point;
THENCE S.1444'26"W. 19.02 feet to a point;
THENCE N.88'15'34"W. 1.81 feet to the POINT OF BEGINNING and containing 35.59 square feet of land, more or
less.
Certificate
1 do here by certify to Vista Bank that this plat is true and correct to the best of my knowledge, information and
belief and in my professional opinion; that it was prepared from a survey made on the ground under my supervision on
this the 17tH day of March, 2023; that no visible above ground encroachments exist other than shown Property is
located in Zone X as according to the Flood Insurance Rate Map Panel 48303CO30SE with an effective date 9 28 2007
i
� OF
y'lQ�� 8 i pT,P'fgd,
,Juslin W. Cantwell, RPLS 6331 * Q Fo
JUSTIN CANTWELL
6331 �Qy
-141 SUR yO
LEGEND
•
— Set 1/2" With Cap — "C.E.C. 10194378"
•
— Found 1" Iron Pipe
®
— Set "X" in Concrete
— Water Meter
,GM
- Gas Meter
- Property Line
— —
— Lot Line
— Overhead Electrical/Utility
— Building/Structure
N
— Concrete
w --94 E
1
S
SCALE: 1" = 30'
�15
Bearings Based on GPS Observations; Texas Stale Plane
Coordinate System, North Central Zone, NAD 83 Datum
CANOPY EXHIBIT
Vista Bank
1005 15th Street
Lubbock, Lubbock County, Texas
:ENTERL/NE CMrfRUNE OWNEMNG d Ca%05 LRNGi LLC.
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GON9ULT/NO, LLC arN,a Na
7B'151P¢ Ms 1019I.AD/
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Proposed Street Use License
Located Within Section 1, Block A
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As required by Chapter 2051. 0eospatial Data products of the Goverment Code, tide product is for informational purposes
and may not have been prepared for or be aultabb for legal engineering, or surveying purposes. It does not represent an
ondh"round smoy and represents only the approximato relative location of property boundaries.
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City of
Lubbock
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Digital Orthophotography - May 2021