HomeMy WebLinkAboutResolution - 2024-R0137 - Street Use License Agreement, NBB Investments LLC - 03/26/2024Resolution No. 2024-R0137
Item No. 5.27
March 26, 2024
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 NBB Investments 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 March 26, 2024
APPROVED AS TO CONTENT:
� _�Y�---
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
Amy .' s, Deputy City Attorney
/
RES.Street Use License Agreement- NBB Investments LLC
---------., - --, ---., ---------.,
Resolution No. 2024-R0137
STREET USE LICENSE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
KNOW ALL MEN BY THESE PRESENTS:
This License made this 26th day of March , 2024, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal
Corporation, and NBB INVESTMENTS LLC, hereinafter called "LICENSEE."
WIT'NESSETH:
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 an encroachment of a paved parking area, and being fi�rther described as follows:
TRACTI
BEGINNING at a point that is 25.00 Feet West of the Southeast corner of Lot 20, Block
15, Hulin Heights Addition to the City of Lubbock, Lubbock County, Texas;
THENCE West 106.80 feet to a point;
THENCE South 10.00 feet to a point;
THENCE East 106.80 feet to a point;
THENCE North 10.00 feet to the POINT OF BEGINNING.
TRACT II
BEGINNING at a point that is 22.00 Feet East of the Southwest corner of Lot 16, Block
15, Hulin Heights Addition to the City of Lubbock, Lubbock County, Texas;
T��ENCE East 97.90 feet to a point;
THENCE South 10.00 feet to a point;
THENCE West 97.90 feet to a point;
THENCE North 10.00 feet to the POINT OF BEGINNING.
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 6104 45�h Street, Suite
A, Lubbock, Texas 79407, 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 LUI3BOCK as compensation for such grant
the sum of FIVE THOUSAND ONE HUNDRED SEVENTEEN AND 50/100 ($5,117.50) 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 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 LUBIIOCK 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 LUBE30CK, 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 peaceft�l 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 26th day of March , 2024.
NBB YNVESTM TS LLC:
By:
Printed Name: �
Title: � J
AT EST:
Courtney Paz, City Secretary
Al'PROVED AS TO CONTENT:
�
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
Amy �, Deputy Assistant City Attorney
CITY OF LUBBOCK:
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 p��p�` day
of �[`L' �[1r�Li,�,,,,.,,� , i8�3.
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: �P.;��iv�Pi.ie��.7i _.
:�° �' � Notary Pu in and for the State of Texas
My Commission Expires: L�-� —� po? `T
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THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared , 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
NBB Investments LLC
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �"Q day
of ��tG� r� Q c�l f-{' ,�6�`3�'
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No ary Public in and for the State of Texas
My Commission Expires: (`�A-� I `I �-�c��%
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Street Use Lic- NBB Investments LLC
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