The URL can be used to link to this page

Home My WebLink AboutResolution - 2012-R0464 - Street Use License - Gatewood Apartments LLC - 12/06/2012Resolution No. 2012-RO464 December 6, 2012 Item No. 5.9 RESOLUTION BE 1T RESOLVED BY THE CI'T'Y 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, by and between the City of Lubbock and Gatewood Apartments, L.L.C., 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 December 6, a 2012. GLE4RR-f ATTEST: Rebs . a Garza, City Secretary APPROVED AS TO CONTENT: Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney ewecdocs/St Use Lic- Gatewood Apartments LLC 11.5.2012 STREET USE LICENSE THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This License made this 6th day of December , 2012, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and Gatewood Apartments, L.L.C., hereinafter called "LICENSEE." WITNESSETH: 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 to construct private underground waterlines described in attached Exhibits "A, B, C, D, E, F, G, H, L" All work by LICENSEE to construct, lay, maintain, inspect, operate, replace, change, test, alter, access or remove the private underground waterlines under any street must be done by boring or other method so as to not use the surface of any street, as LICENSEE has no right, use or privilege to enter upon the surface of the street in regard to its waterlines. 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 4300 Canton, Lubbock, Texas, 79413, 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. I. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of SIX HUNDRED FORTY SEVEN AND NO/100 (S647.00) 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 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 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. b. 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 insured, said policy covering the uses herein granted. i. 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. ATTEST: C -V Reb cca Garza, City Secret CITY OF LUBBOCK By. GACk6B4ERT�SON, MAYOR STREET USE LICENSE GATEWOOD APARTMENTS, L.L.C. APPROVED AS TO CONTENT: ZY44-Ir- ze22�& Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney AGREED TO AND ACCEPTED this 6th THE STATE OF TEXAS COUNTY OF LUBBOCK day of December 2012. GATEWOOD APARTMENTS, L.L.C. By: 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this (-"-v""` day of 2012. JOE ANTONIO ESPARZA Notary e of Texas Notary P11 k, State of Texas wqw lemyCom i sion (f"r2�E(i16 My Commission Expires: <— — ZS - "z -c> Qv THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersign authoriAt" , 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 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 Gatewood Apartments, L.L.C. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ % day of Alezio-In6i, 92012. DAVM gp�,r, Notary P lic in and for the State of Texas Notary Public, State of TexL, ., My Commission Expires 12-1r;.21 My Commission Expires: /a2 ti;.y1 cw/cityatt/Georgia/Licenses/Street Use Lic- Gatewood Apartments LLC 11.5,2012 STREET USE LICENSE GATEWOOD APARTMENTS, L.L.C. �If SKETCH SHOWING PROPOSED STREET USE LOCATIONS FOR BLOCKS 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 & 17 MODERN MANORS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS GATEWOOD APARTMENTS Scale : ] "=300' 1'J 1J !1 /J !Q /T 18 rrr it I !Z I l3 I 14 I !S !6 17 is 0 30 T! Yl !! !1 !J !s !J !d l7 l8 19 X! 12 13 14 15 16 1 4�D-ST— I I0 ➢ f 7 6 4 A I ] 1 ? 3 A ! ¢ 11 12 13 14 11 15 p 4 tl 4 J 7 d J 43RD s'r. f0 J! IT !J I I 10 45TH S I I H �_1 H r s J I 4 r d J T + s J I 6 ro 7 !r f li 9 1J ro 14 11 15 v rd /J r7 1+ !a !1 49TH z 0 z ¢ U � B S 9 C 4 4'r1' ST 1 8 D B I 7 e - r. 11 E ST !j s J 4 J Q 16 11 z 20 11 i9 I !8 :=l CLS in imlm!ffilml IA-ru' T !0 9 8 7 Q J I 3 3 1 rl H 16 17 Is /Y 20 �Ici!7a7Cy�?i n�7'u c -r 111mummus 117141, /6 !9 If 19 20 r0 9 8 7 6 J I ! r4 r I ➢ J !J l !0 J 12 J + r !r 4 1! F„ J 10 5 6 ➢ d ]I � 7 f T 16 11 z 20 11 i9 I !8 :=l CLS in imlm!ffilml IA-ru' T !0 9 8 7 Q J I 3 3 1 rl H 16 17 Is /Y 20 �Ici!7a7Cy�?i n�7'u c -r 111mummus 117141, /6 !9 If 19 20 r0 9 8 7 6 J I ±2 1 8 16 17 18 l9 X1 48TFf S l 10 9 f 7 6 J 4 l J 1 :11 ¢ 71 !J IJ 14 IJ 16 17 !f 19 I0 B C a A ! o NOTES: „ - CUT X IN '� ONCRE7E e- CUT °CfjOW S FOOT IN CONCRETE - SET I/2' IF{ON ROD WITH CAP o - FOUND 1/2' IRON ROD WITH CAP o- FOUND 1/2" IRON ROD o- FOUND 1/2" SQUARE TUBE • - FOUND ,3/p° IRON ROD ®- FOUND X CUT IN CONCRETE a - FOUND RAILROAD SPIKE ALL CORNER MONUMENTS SHOWN HEREON ARE AS INDICATED ON THE ALTA SURVEY OF THIS AREA DATED JULY 12, 2012. a Y C itilililil 50TH ST G)- EXHIBIT LABEL Sheet 1 of 10 AND�s�socrvrslNl✓. X�VL ENGNEIERS UFiB � i Amx3c:2c TEXAS 79401 SKETCH SHOWING PROPOSED STREET USE LOCATIONS FOR BLOCKS 5, 6, 7, 8, 9, 10, 11, 12, Li, 14, l5, 16 & 17 MODERN MANORS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS GATEWOOD APARTMENTS EXHIBIT Scale : 1"=30' 4?.nd STREET Sheet 2 of 10 Exhibit A LJ 0 H I -U30 FREBEH AND ASSOCIATES, IN OVIL SKETCH SHOWING PROPOSED STREET USE LOCATIONS BLOCKS r, f, 7 8 9 10 11 12.13,14,15,16 & 17 I U THE CITY I %w 40 GATEWOOD APARTMENTS Scale ill fw Sheet 3 of 10 Exhibit B EXHFBIT Vk ;rl HU AND ASSOCILTES, VEYORS COVIL � t; JE N LLOEPOCK, TEXAS 703:i-'�'790ai M`AA%mMq-Z;AA9 FAX.W")61�" MODERN MANORS ADDITION V CIV T I TnQf)CJC I I �BBOCK COUNTY, TEXAS I U THE CITY I %w 40 GATEWOOD APARTMENTS Scale ill fw Sheet 3 of 10 Exhibit B EXHFBIT Vk ;rl HU AND ASSOCILTES, VEYORS COVIL � t; JE N LLOEPOCK, TEXAS 703:i-'�'790ai M`AA%mMq-Z;AA9 FAX.W")61�" t SKETCH SHOWING PROPOSED STREET USE LOCATIONS FOR BLOCKS 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 & 7 MODERN MANORS ADDITION': TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS EXHIBIT GATEWOOD APARTMENTS Scale: I "=30' UP6 4 C 4 .41 4IRS, Sheet 4 of 10 Exhibit C 4L\ N WHJG0 FET=0 ANO ASSOCLATES, INC. VEYOFIS uVIL ENOMEERS JE N 1,�� TEXAS - 7a3- FAX I L806 j7J SKETCH SHOWING PROPOSED STREET USE LOCATIONS FOR BLOCKS 5,6,7,8,9,10,11,12,13,14,15,16 & 17 MODERN MANORS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS GATEWOOD APARTMENTS EXHIBIT Scale : V 6 =30' It I I X s`IL 44th STREET fL *4 L±101 I -STORY FR. DLjPLLX Sheet 5 of 10 Exhibit D No Text SKETCH SHOWING PROPOSED STREET USE15O1 LOCATIONS FOR BLOCKS 5, b, 7, 8, 9, 10, 11, 12, 13, 1S , MODERN MANORS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS EXHIBIT GATEWOOD APARTMENTS Scale: V=30' 3 , r JNVENUE F Y� Sheet 7 of 10 Exhibit F 6 KfF F4JG0 REED AND ASSOCIATES, INC. N I= A4mLFNEY0F1S LLMOCKTEXAS 79401 . «t d7fa_A.C.a2 FAX 1 (be$) 763-3 SKETCH SHOWING PROPOSED STREET USE LOCATIONS FOR BLOCKS 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 & 17 MODERN MANORS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, 't GATEWOOD APARTMENTS Scale: I "=30' I'EXAS EXHIBIT rs 4. G it J"o S G Sheet 8 of 10 Exhibit G 46m 4-1 REEEM� AND ASSOCIATE -5. INC. 's LAND 81 FNEYO CNIL u TIMAVEM&N LUBBOCK TEXAS 794M p6k-*j-- , (AM) WO -5642 PAX - (6m) 7 SKETCH SHOWING PROPOSED STREET USE LOCATIONS FOR BLOCKS 5 6 7 S 9 10, 11, 12, 13, 14, 15, 16 & 17 5 7 1 1 1 MODERN MANORS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS GATEWOOD APARTMENTS EXHIBIT 45t- 1 rr Q Scale: 1 =30 ia � ! 4 fi H 4 ... ham:. K it -H 41 11'05( F3. H Jp- all Sheet 9 of 10 Exhibit H AND ASSOCIATES, INC. N LA D CNIL �s loAMtYaLOCK TEXAS 79WI 763 -s8a2 SKETCH SHOWING PROPOSED STREET USE LOCATIONS FOR BLOCKS 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 & 17 MODERN MANORS ADDITION LUBBOCK COT COUNTY, TEXAS TO THE CITY Or LUBBOCK, I GATEWOOD APARTMENTS Scale: I "=30' IN'S 45th 5t PJAP Sheet 10 of 10 V�HIBIT /Y A> Exhibit I /o HUGO FEE AND ASSOCIATES. IN t A