HomeMy WebLinkAboutResolution - 2023-R0559 - Street Use License Agreement, City Of Wolfforth, Alcove Avenue ROW - 11/14/2023Resolution No. 2023-R0559
Item No. 7.10
November 14, 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 the City of Wolfforth, 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 November 14, 2023
T Y P ', MAYOR
ATTEST:
Courtney Paz, City Secret
APPROVED AS TO CONTENT:
, �
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APl'ROVED AS TO �'ORM:
]
� c
Am ms, Depu y rty Attorney
RES.Street Use License Agreement-Wolfforth
10.12.23
Resolution No. 2023-R0559
STREET USE LICENSE
THE STATE OF TEXAS
CK�111�(I11`L�)07 : C �Z��
KNOW ALL MEN BY THESE PRESENTS:
This License made this 14th day of November , 2023, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal
Corporation, and CITY OF WOLFFORTH, TEXAS, 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 water line, and being further described as follows:
City of Lubbock Alcove Avenue right-of-way from 90`" Street south for 4,800
feet.
Said portion of a dedicated street being further described in the attached Exhibit "A".
The term of this License shall be for fifty (50) years from date hereof 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 P.O. Box 36, Wolfforth,
Texas 78753, 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. Because LICENSEE is a governmental entity and provides a public beneft to the
citizens of the City of Lubbock, LICENSEE is granted this license at not cost.
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 LUBI30CK, a reliable surety bond, in an amount and
in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithfi�l 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 fi.irnish 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 th2 same extent and effect as the same are binding
upon and inure to the beneft of the parties hereto, but no assignment hereof by the LIC�NSEC,
its successors or assigns shall be binding upon the CITY OF LUBBOCK without the consent of
the CITY OP 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, titie 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 pubtic way it is
permitted to use hereby and agrees to give peaceful possession of said property covered herein
upon termination or canceliation 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 couri of competent jurisdiction. Furiher, the CITY �F
LUBBOCK shall not be subject to any arbitration process prior to exercising its unresiricted 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 ACCEPTEI) this 14th day of _.______ _ November „�__ _�, 2023.
CITY OF LUBBOCK: CITY OF WOLFFORTH:
•rRnY ; . AYOR
-- By' - ��G6� -
Printed Na . �
ATTEST:
Courtney Paz, City Secre
Title: �, F
�,
�� 1�..____ __
v
Ly��
APl'ROVED AS TO CONTENT:
�
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
Amy ims Deputy Aa ' ant City Attorney
'fHE S7'ATE O[' 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
of _ _,_�i�VGm�,r , 2023.
Notary Public in and for the ate af Texas
My Commission Expires: q_-�
2��?R"°° � CARINA REYES
*� Noiary Public: State oi Texas
Notary I0� 13331645-5
" �; � " My Commission Expires 09•07•2025
"THE STATE OF TEXAS
COUNTY OF ��j�� __
'��' day
BEFORE MG, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared Q.a.�� Cc���.11 , 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
City of Wolfforth, Texas.
G VEN UNDER MY HAND AND SCAL OP OFPICC this � day
of ���bw , 2023. —�--�----�-----
.�"�r�n'�'�i TERRI DAWN ROBINETTE
� �►R• `B •
:=°?�ji ��Notary Public, State of Texas
Na' m'r; Comm. Expires 06-18-2025
�� �...•i� :�
�.,,,°;,,��� NOiafy ID 133163280
^ �' _ -- ` --
y ublic in and for the S� te of Texas
My Commission Expires: �1 _
Strcct Usc Lic- Wolffonh
9. I 5.23
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