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HomeMy WebLinkAboutResolution - 2001-R0138 - Street Use License/Well Permit - Convenience Stores, LLC - 04/26/2001Resolution No. 2001-RO138 April 26, 2001 Item No. 17 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and 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, with associated documents, between the City of Lubbock and Southwest Convenience Stores, L.L.C. Said agreements are 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 this 26th day of April "2,001. ALEX "TY'-C$JOKE, MAYOR PRO TEM ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Linda Chamales Supervising Attorney/Office Practice gs:/ccdocs/Southwest Convenience Stores,L.L.C. March 27, 2001 Resolution No. 2001—R 0138 April 26, 2001 Item No. 17 STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 26th day of April , 2001, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and SOUTHWEST CONVENIENCE STORES, L.L.C., herein 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 groundwater monitoring wells, to -wit: Beginning at a point which is 5.00 feet East and 8.00 feet North of the Northwest corner of Lot 11, Block 14, O'Neal Terrace Annex Addition to the City of Lubbock, Lubbock County, Texas; THENCE North 2.00 feet to a point; THENCE East 2.00 to a point; THENCE South 2.00 to a point; THENCE West 2.00 feet to the POINT OF BEGINNING. Texas Natural Resource Conservation Commission (TNRCC) leaking petroleum storage tank, Site No. 115048. The term of this grant 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 original or any subsequent 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 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 ONE HUNDRED FIFTY AND N0/100 DOLLARS ($150.00) and is non- refundable. Upon expiration or cancellation and revocation of this permit by the CITY OF LUBBOCK or the abandonment of the permit 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 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 ~ STREEVALLEY AND/OR CITY PUBLIC 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 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. This first five (5) year FIVE HUNDRED AND NO/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 LUB80CK 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 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 LU13BOCK 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 STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT SOUTHWEST CONVENIENCE STORES, L.L.C. 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 TNRCC or other applicable specifications. In general, the finished surface shall be left in a condition 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 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: (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. 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 LU13BOCK 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. 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, SOUTHWEST CONVENIENCE STORES, L.L.C., 415 NORTH GRANT, ODESSA, TX 79761. CITY O L R BY: r U ALEX "TY" tCOOKE, MAYOR PRO TEM STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT SOUTHWEST CONVENIENCE STORES, L.L.C. ATTEST: ell w it r ��� Rebecca Garza, City Secretary APPROVED /ASS TO CONTENT: Ed Bucy, Right -of -Way ent L-ff arty Hertel, City Engineer APPROVED AS TO FORM: Linda Chamales Supervising Attorney/Office Practice AGREED TO AND ACCEPTED this 26th day of April , 2001. PERMITTEE: SOUTHWEST CONVENIENCE STORES, L.L.C. ADDRESS: 415 North Grant M TIT THE STATE OF TEXAS COUNTY OF LU13BOCK Odessa, T 761 LE: BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared ALEX -TY" CoOKE •, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR PRO TEM, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN U,�DER MY HAND AND SEAL OF OFFICE this day of Z 2001. TANYA MAUNAK o= mawy Pdit &tate d Tama ota P lic in and for the State of Texas OECEMBE? 9, 2003 rl �hyQ �lL�i Ylak Printed or Typed Name of Notary STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT SOUTHWEST CONVENIENCE STORES, G.L.C. THE STATE OF TEXAS COUNTY OF L v 6th ° c ('- BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared _ Sc t ro iv 5 ,., ">I 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 stated as the act and deed of aforesaid PERMITTEE. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12- 71.1 day of A-02, C _'2001. ' Nota Public in and for the State f Texas 7 Pub&c S dTm,,; Notary � ; "5' ?riir a,ner!mtasuan Fs,�+s� E R r 7 I_YX33 t. 'S`.'tti i.,?sTA u.:.c Ci%�.r..n. j �.� WfA2/,i (-✓1 LSu,-% �} V C.�7 Printed or Typed Name of Notary gs/SACPGMWe11Permit-Southwest Convenience Stores,LLC.doc D5.6/March 27, 2001 STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT SOUTHWEST CONVENIENCE STORES, L.L.C.