HomeMy WebLinkAboutResolution - 2014-R0250 - Street Use License - Covenant Health System - 07/24/2014RESOLUTION
BE ITICSOLVED BY T111' CI TY COUNCIL. OFTHE'CITY Cil LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and oil beilalfof the City of Lubbock, a Street Use License, by and
between the City Of Lubbock and Covenant I lealth System, and all related documents.
Said License is attached hereto and incorporated in this Resolution as if folly set forth
herein and shall be included in tile Minutes of the City Council.
Passed IINI the City COUncil this July_24 .2014.
'401,�411
G IX
YI(IK-RTSON, MAYOR
ATTEST:
Rebe ca Garza. Ci ly SecrmarN
APPROVED AS TO CONTENT:
Dave Booher, Right -of -Way Agent
APPROVED AS `1'C) FORM:
Chad 'Nearer, Assistant City Attollle%
RF S.SI Use Lic- Co%vnant I lealth SN stem
0.1.22.201.1
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
This License made this 2014, being the date of this
Agreement between the CITY OF LUBBOCIC, TEXAS, a Home Rule Municipal Corporation,
and Covenant Health System, hereinafter called "LICENSEE."
WITNESS ETH:
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 dedicated street for a
pedestrian walkway, to -wit:
A 10' X 60' tract located within the following described property:
METES AND BOUNDS DESCRIPTION of a 30 foot wide portion of Peoria Avenue for street
use license purposes, being further described as follows:
BEGINNING at a point in the West right-of-way line of Peoria Avenue, also being the East
line of Lot 10, Block 1, Casey Subdivision for the Southwest comer of this tract, which bears
North a distance of 35.21 feet from the original Southeast comer of Lot 10, Block 1, Casey
Subdivision an Addition to the City of Lubbock, Lubbock County, Texas;
THENCE North, along said West right-of-way of Peoria Avenue, a distance of 30.00 feet, to a
point for the Northwest comer ofthis tract;
THENCE East a distance of 60.00 feet to a point in the East right-of-way line of Peoria
Avenue, also being the West line of Tract "A" Saint Mary's Addition, for the Northeast comer
of this tract;
THENCE West a distance of 60.00 feet to the Point of Beginning.
CONTAINS: 1800 square feet.
The term of this License shall be for five (5) years from date hereof, and shall be automatically
extended for a successive five (5) year term not to exceed twenty (20) years in any event unless either
party shall give written notice of termination to the other party sixty (60) days 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 4002 24th Street, Lubbock, TX 79490 or the last
known address ofLICENSEE.
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, forwhich LICENSEE shall be liable.
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the
sum of ONE THOUSAND FIVE HUNDRED SEVENTY FIVE AND N0/100 ($1,575.00) )
DOLLARS 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 compensatfon
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 ofthe 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 areasonable opportunity to settle or adjust the same.
6. LICENSEE agrees and is required to furnish a certificate ofpublic 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 an additional insured, said
policy covering the uses herein granted.
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
STREET USE LICENSE
COVENANT HEALTH SYSTEM
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.
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ATTEST:
Reb a Gane, City Secretary
APPROVED AS TO CONTENT:
,cy,-, 15,"1'
Dave Booher, Right -of -Way Agent
APPRROVt/ED AS TO FORM:
C, -
A
Chad Weaver, Assistant City Attorney V
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AGREED TO AND ACCEPTED this A&& -y Z• 12014
COVENANT HEALTH SYSTEM
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THE STATE OF TEXAS §
COUNTY OF LUBBOCK F
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on
this day personally appeared GLEN C. ROBERTSON, 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
executed the same for the purposes and consideration therein expressed and in the capacity therein
stated.
i4
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ZS^ trbi 2014.
azlu'
CEUA WEBB Notary &We in and or the State of Texas
9A � NdayPiWSalad Teras
IlyCanmism[i)em 1.2018 My Commission Expires: 03-01•2.018
STREET USE LICENSE
COVENANT HEALTH SYSTEM
THE STATE OF I e46?
COUNTY OF LAA
BEFORE ME, the undersigned auth n'ty a N Public in and for said County and State, on
this day personally appeared - I Nd1A tary 4 known to me to be the
person whose name is subscribed to a foregoing instrument and acknowledged to me that he/she
executed the same for the purposes and consideration therein expressed and as an act and deed of said
Covenant Health System. ^^
G1VEN UNDER MY HAND AND SEAL OF Omwa�ry
/ t' { Q,V zD , 2014.
blic in and for the State fTexas
7}IERESAHA My Commission Expires:
Notsry REila lloolTat
F(Cal WCsosstehRlit#si 011
Sheet Use Lic-Covewnl Health System
6.14
STREET USE LICENSE
COVENANT HEALTH SYSTEM