HomeMy WebLinkAboutResolution - 2023-R0602 - Street Use License Agreement, Tropicale Foods, LLC., Locust Ave And E. 33Rd St - 12/12/2023Resolution No. 2023-R0602
Item No. 5.17
December 12, 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 Tropicale Foods, LLC, 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 December 12, 2023
ATTEST:
TRAY PA ;, MAYOR
C ney Paz, City ' r�
APPROVED AS TO CONTENT:
�
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
A .. Si eputy City ttorne
RES.Street Use License Agreement-Tropicale Foods, LLC
11.10.23
Resolution No. 2023-R0602
STREET USE LICENSE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
KNOW ALL MEN SY THESE PRESENTS:
This License made this 12th day of December , 2023, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal
Corporation, and TROPICALE FOODS, LLC, hereinafter called "LICENSEE."
1i�����I.Y.�:�
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 wastewater pre-treatment, and being further described as follows:
A portion of the right-of-way at the intersection of Locust Avenue and 33`d Street,
Lubbock, Texas.
Said portion of a dedicated street being further described in the attached Exhibit "A".
The term of this License shall be for twenty (20) 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 1001 E. 33�d Street,
Lubbock, Texas 79404, 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 HiJNDRED AND 00/100 ($500.00) cash in advance either contemporaneously
with, or prior to, 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 LURBOCK 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 12th day of December
CITY OF LUBBOCK: TROPICALE FOODS LLC:
TRAY P YNE, MAYOR
2023.
By: ��E����.�iG
Printed Name: �o /-f rV !'cG L �
Title: C �('
ATTEST:
Courtney Paz, City Sec
APPROVED AS TO CONTENT:
�
Michael Keenum, P.E., Division Director of Engineering/City Engineer
THE STATE OF TEXAS
COUNTY OF LUBBOCK
�
0
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 �vZ� day
of �e,C�emb�X� , 2023.
,���YP�<�, CARINA REYES
� Notary Public, State oi Texas
Notary ID# 13331645-5
, - My Commission Expires 09-07-2025
Notary Public in and for th tate of Texas
My Commission Expires: .�r_ Q7- 2D�
APPROVED AS TO FORM:
THE STATE O� TEXAS
COUNTY OF Lu���c�
�•'�
0
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared ����,n �c„ �( , 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
Tropicale Foods, LLC
GIVEN UNDER MY I�AND AND SEAL OF OFFIC this l.v day
of J7 P GQ,,,,,,bp [' , 2023. �
Notary�lic�#�-aud`�or the State of Texas
My Commission Expires: � 3
.�PQY p�/e DAKOTA ROBERT BEAUDOIN
_�� Notary ID it130804003
�,� P My Commission Expires
''F oF ��+ August 31, 2024
Street Use Lic- Tropicale Foods, LLC
11.10.23
i� � � - ;
�f
� , N
� �
� �
I � .
�
DO` �
�f, � �
I r � S . � 2
., � r � . I -� � ' '�' .'��� o
�. . `� ��� _ . Q
�F�I . • � a
Q � '~a7
� I r �% c
� C ,,
C � I � .�
a� � ;� - ;;.
•��il V1 � , 'r
� , � i!J � ��_.
� � � I
�i '� 1M�� ' �
� � w I
� � �
L � In
� � I V �
++ � � i
� I �
� �� � �
O � � �
V� I '= � � t
O � �; �. � .
�� I � �
� �eS �r� � ! �nd ISn�O� ! � �..
( `
V � _ � . . �.
a � �� t
a i
, r� h � A
I �L'1- � � � u
� ^; ' � � � _ � �
� � u� T ��
y� a ��
I m � �� � � � _ �
� i p�� ��¢�
� ..- N � n$
� I aa�
� � t�
. ./ y 5-�.,n
s � g
i � / i J � �b
�' `o
'� - r _ ~ E��
l� � E � -
4a...,� Q � o a�
-..:
{ ��� � ���
]� F - � �E
L.�� �v,v����:� M R � .$ �
i4i W g3�
ti� � � � «�
r �,� �� _ � �
�
: � ��� _ � $$$
��' �- - r.�� J - x
��L 1_ �I ^.. '� �,�_
j K
J J.' Y o �
� ` I � � a n
��� r�:� . I" • ' ^ { - � �c
� �� �� ' � � 9
� ; � a
����� �� �
�~�I f rilyV AtlDA�EN - � j,� ' �,$. � c� � e
yd �CQ
� A W
� b �' ;+ � �� z
- '+ , ■ � $
Z �-�-,�� ""' a� - � � � a � `o
� �