HomeMy WebLinkAboutResolution - 2009-R0111 - Street Use License - HSMEP Caprock LP - 03/23/2009Resolution No. 2009-RO111
March 23, 2009
Item No. 5.14
RESOLUTION
E 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
irected to execute for and on behalf of the City of Lubbock, a Street Use License
etween the City of Lubbock and HSMEP Caprock, L.P., a Delaware limited partnership,
rid related documents. Said License is attached hereto and incorporated in this
solution as if fully set forth herein and shall be included in the minutes of the City
Council.
Executed by the City Council this 23rd day of
ATTEST:
Garza, -City
APPROVED AS TO CONTENT:
Da,,e- d,"74
.
Dave Booher, Right of Way Agent
APPROVED AS TO FORM:
r' Z'
r'-
Chad Weavet, Assistant City Attorney
gs/res-StUseLlc-HSMEP Caprick
02.02.09
March 2009,
TOM MARTIN, MAYOR
Resolution No. 2009-RO111
STREET USE LICENSE
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
This License made this 23rd day of March , 2009, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal
Corporation, and HSMEP CAPROCK, L.P., a Delaware limited partnership, 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 a dedicated
street, to -wit:
TRACT 1
A portion of 52 "d Street adjacent to Tract "A", Caprock Addition to the City of Lubbock,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point which bears S. 8721'41 " E. a distance of 26.20 feet from the
point of tangent intersection of a 15.71 foot radius curve at the Southwest corner of said
Tract "A", Caprock Addition;
THENCE S. 87°21'41" E. a distance of 242.20 feet;
THENCE S. 02°38'19" W. a distance of 2.27 feet;
THENCE S. 89°59'14" W. a distance of 209.33 feet to a point of curvature;
THENCE Northwesterly around a curve to the right, said curve having a radius of 45.95
feet, a central angle of 45°00'46", tangent lengths of 19.04 feet, and a chord distance of
35.18 feet to the POINT OF BEGINNING.
TRACT 2
A portion of 52"d Street adjacent to Tract "A", Caprock Addition to the City of Lubbock,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point which bears S. 87°21'41" E. a distance of 312.60 feet from the
point of tangent intersection of a 15.71 foot radius curve at the Southwest corner of said
Tract "A", Caprock Addition;
THENCE S. 8721'41 " E. a distance of 144.20 feet;
THENCE S. 0238'19" W. a distance of 0.50 feet;
THENCE N. 87°21'41" W. a distance of 33.30 feet;
THENCE S. 02°38'19" W. a distance of 1.10 feet;
THENCE N. 87'21'41" W. a distance of 83.10 feet;
THENCE S. 02°38'19" W. a distance of 6.70 feet;
THENCE N. 87°21"41" W. a distance of 27.80 feet;
THENCE N. 02°38'19" E. a distance of 8.30 feet to the POINT OF BEGINNING.
TRACT 3
A portion of 52nd Street adjacent to Tract "A", Caprock Addition to the City of Lubbock,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point which bears N. 87°21'41 " W. a distance of 204.30 feet from the
point of tangent intersection of a 18.01 foot radius curve at the Southeast corner of said
Tract "A", Caprock Addition;
THENCE S. 8721'41"E. a distance of 179.30 feet to a point of curvature;
THENCE Northeasterly around a curve to the left, said curve having a radius of 18.01
feet, a central angle of 60°37'34", tangent lengths of 10.53 feet; and a chord distance of
18.18 feet;
THENCE S. 45` E. a distance of 7.78 feet;
THENCE S. 45° W. a distance of 6.00 feet;
THENCE N. 87°21'41" W. a distance of 196.70 feet;
THENCE N. 02°38'19" E. a distance of 0.50 feet to the POINT OF BEGINNING.
TRACT 4
A portion of Canton Avenue adjacent to Tract "B", Caprock Addition to the City of
Lubbock, Lubbock County, Texas, being further described as follows:
BEGINNING at a point which bears N. 15°48'54" W. a distance of 364.30 feet from the
point of tangent intersection of a 19.84 foot radius curve at the Southwest corner of said
Tract "B", Caprock Addition;
THENCE S. 15`48'54" E. a distance of 56.64 feet;
THENCE West a distance of 6.90 feet;
THENCE North a distance of 18.85 feet;
THENCE N. 17°04'35" W. a distance of 29.06 feet;
THENCE North a distance of 7.87 feet to the POINT OF BEGINNING.
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 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 prepaid, addressed to LICENSEE at 1100
Providence Towers West, 5001 Spring Valley road, Dallas, Texas 75244, or the last known
address of LICENSEE.
Upon expiration or cancellation and revocation of this license by the CITY OF
LUBBOCK, or the abandonment of the 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 LUBBOCK as compensation for such grant
the sum of TWO THOUSAND FOUR HUNDRED SIXTY AND NO/100 DOLLARS
($2,460.00) cash in advance contemporaneously with the acceptance and execution hereof by
STREET USE LICENSE
CAPROCK ADDITION
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.
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 LUBBOCK, and which names the CITY OF LUBBOCK as the
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
STREET USE LICENSE
CAPROCK ADDITION
THE STATE OF TEXAS
COUNTY OF [)a h 5
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared C h a n e e T c i i s o n , 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 act and
deed of said HSMLP Caprock., L. P., a Delaware limited partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of ir jA 2009.
CHRISTINE A. SELLON
Notary Public, State of Texas
My Commission Expires
� July 03, 2011
gs/Georgia/Licenses/Street Use Lic-Caprock Addn8.08
Notary Public in and for the State of Texas
My Commission Expires: 7 3 //
STREET USE LICENSE
CAPROCK ADDITION
upon termination or cancellation of this license. No interest for real property is conveyed or
granted by this license.
CITY OF LUBBOCK
By: 6;�
TOM MARTIN, MAYOR
ATTEST:
9A
Rebecca Garza, City Se6etWjr-
APPROVED AS TO CONTENT:
Daw, S
Dave Booher, Right -of -Way Agent
APPR V AS O FORM:
Chad Weaver, Assistant City Attorney
AGREED TO AND ACCEPTED this 23rd day of
HS
AI
By:
Title:
THE STATE OF TEXAS
COUNTY OF LUBBOCK
March , 2009.
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared Tam Martin, 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 day
of m Q ,rCA , 2009.
ELISA SANCHEZ Notary Public in and for the Stat f Texas
Notary Public, State otTexas My Commission Expires:
My G mmis= Expires 11-07.2011
STREET USE LICENSE
CAPROCK ADDITION