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HomeMy WebLinkAboutResolution - 2013-R0372 - Street Use License - Texland Petroleum Inc. - 11/07/2013Resolution No. 2013-R0372 November 7, 2013 Item No. 5.9 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, by and between the City of Lubbock and Texland Petroleum, Inc., and all related documents. Said License 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 this November 7 , 2013. .4Ae GLEN ERTSON, MAYOR ATTEST: D"O� '31<� — Rebe ca Garza, City Secret APPROVED AS TO CONTENT: Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Com& Chad Weaver, Assistant City Attorney g/ccdocs/St Use Lic- Texland Petroleum, Inc 8.16.13 contemporaneously with 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 Counsel of the CITY OF LUBBOCK, based on 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 expensed in relocating or rerouting over and above the expense which would have been incurred except for the 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 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 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 the 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. CITY OF LUBBOCK shall not be liable to LICENSEE for any damages to LICENSEE'S cable licensed hereunder arising out of the construction, reconstruction or maintenance of the CITY OF LUBBOCK'S street or any of CITY OF LUBBOCK'S utilities in the area occupied by LICENSEE'S cable by any city department. State One Call Regulations will be followed by both parties. STREET USE LICENSE TEXLAND PETROLEUM, INC. 6. LICENSEE agrees and is required to furnish a certificate 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 an additional insures, said policy covering the uses herein granted. 7. Prior to any construction as authorized by this license, the LICENSEE shall submit to the City Engineer plans and specifications for the construction to be done, and the LICENSEE shall not commence construction until such plans and specifications are approved by the City Engineer. 8. 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 benefits 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). 9. 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 by this License. 10. 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. ATTEST: Reb cca Garza, City Secre APPROVED AS TO CONTENT: � . Jav--j R. Keith Smith, P.E., Director of Public Works J&QA-e Z 112r . Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: CITY OF LUBBOCK BY:t-, Z GAEN C. BERTSON, MAYOR STREET USE LICENSE TEXLAND PETROLEUM, INC. 4./"�4A4� Chad Weaver, Assistant City Attorney AGREED TO AND ACCEPTED this IIS day of 2013. TEXLAND PETROLEUM, INC. THE STATE OF TEXAS role] ILIVC611tOFI 10", 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this $ day of 2013. CELIA WEB. Notary Public, Slate of Texas Notary Public n and for the State of Texas 10 My roMisabn 6gyims 3-01.2014 My Commission Expires: 0 3- 0 l- 20 t THE STATE OF TEXAS COUNTY OF rQ,,�t l BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared:31irnel5 O.W;L ks- s 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 as the act and deed of said Texland Petroleum, Inc. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of e•e� M e�2A13. r SHEILA A. RAYNER N tary Public in and fort the Sta a Texas Notary Public, State of Texas ti•!"�;a� My Commission Expires ) „;;„„ October 31, 2015 My Commission Expires: ro 1:3 t l 15 gs/Easement Use License-Texland Petroleum, Inc. 8.16.13 STREET USE LICENSE TEXLAND PETROLEUM, INC.