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HomeMy WebLinkAboutResolution - 2009-R0303 - License Agreement - CVS Pharmacy Inc. - 08/13/2009Resolution No. 2009-RO303 August 13, 2009 Item No. 5.6 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 License Agreement between the City of Lubbock and CVS Pharmacy, Inc., a Rhode Island corporation, and all related documents. Said License Agreement 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 13th day of August , 2009. /l�syd TOM .RTI&, MAYOR ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT: City Manager APPROVED AS TO FORM: CVW Pharmacy Lic Agnrint.res 7/W09 CUS -*�-7�­7-7 Resolution No. 2009-RO303 LICENSE AGREEMENT THIS License Agreement (the "Agreement") is entered into on this 13th day of August , 2009, between the CITY OF LUBBOCK, TEXAS (the "City"), a Texas Home Rule Municipal Corporation, and CVSPHARMACY, INC. ("CVS"), a Rhode Island corporation. RECITALS WHEREAS, the City has property located at on the north side of 50th Street west of the intersection of 50th Street and Indiana Avenue that is used by the City as part of the City water system including water storage, supply and distribution; WHEREAS, between the fence that secures the City water system improvements and the 50th Street curb, gutter and pavement, there is a tract of land (the "Lands") that consists of property owned by the City and City right -of —way as described by metes and bounds in Exhibit "A" and as depicted on a map in Exhibit "B"; WHEREAS, the Lands are necessary for the operation and maintenance of city property and improvements including the City water system; WHEREAS, the City does not use the Lands continuously, but does have a need to use the property for City purposes on a periodic basis for the proper maintenance, construction and operation of the City water system and street system; WHEREAS, CVS has expressed an interest in using the Lands for ingress and egress from the CVS Pharmacy (the "CVS Pharmacy") located on the corner of 50`h and Indiana; WHEREAS, CVS has represented that they will comply with all laws, regulations, policies and permits required by the City of Lubbock for the use of the Lands, and have represented to the Page 1 of 17 City that the proposed use will not create any safety or traffic hazard, and will not interfere with the necessary periodic use of the property by the City for the proper maintenance, construction and operation of the City water system and street system, ARTICLE I License Section 1.01. License. In consideration of the mutual covenants and agreements of this Agreement, and of other good and valuable consideration, the City hereby grants upon the terms and conditions set forth in this Agreement, a license on and over the Lands to CVS, for the sole purpose of constructing, maintaining, repairing and replacing the Access Improvements (defined below) and providing ingress and egress to and from the CVS Pharmacy located on the comer of 50th Street and Indiana. The License includes the Lands as described in Exhibit A, providing a metes and bounds description, and Exhibit B, providing a map depicting the said Lands. Section 1.02. Term. The term of this license is twenty-five (25) years beginning on the date of the execution of this Agreement by the City, and ending on the twenty-fifth anniversary of such date (the "Primary Term"), unless terminated sooner as provided in this Agreement. For the consideration herein expressed, the City is hereby granted an option to extend the term of this Agreement, upon identical terms and conditions of this Agreement, for five (5) additional years (the "Option Term"), and the City agrees to negotiate in good faith to further extend this License for so long as the CVS Pharmacy is in operation at the comer of 50th Street and Indiana subject to the terms and conditions provided for in this agreement. This Agreement shall terminate without further notice when the Primary Term or Option Periods, whichever is applicable as specified in Section 1.02 expires, and CVS shall immediately vacate the Lands. Any holding over by CVS after that term expires, except as provided otherwise in Page 2 of 17 this Agreement, shall not constitute a renewal of this Agreement, or provide CVS any rights whatsoever under this Agreement and/or to the Lands. This Agreement shall terminate with one (I) year notice from the City should the City determine that the Lands are necessary for the location of governmental or proprietary development as provided for in Section 5.08. CVS may terminate by giving one (1) year notice. AR'T'ICLE II RENTAL CVS shall pay for all Access Improvements and for all maintenance on the Lands as compensation to the City of Lubbock for and in consideration of the granting of this License, and the public, subject to the grant of this license, shall have a right to use the Access Improvements for vehicular, bike and pedestrian purposes . Upon termination of the License for any reason, all improvements shall become the property of the City. ARTICLE III Improvements CVS shall prepare plans (the "Access Improvement Plans") for a vehicular drive and a sidewalk and City required signage, if any (the "Access improvements") for ingress and egress that will be beneficial for the CVS Pharmacy located at 501h Street and Indiana. The Access Improvements shall comply with all City policies, regulations and ordinances related to such Access Improvements, and CVS agrees to apply for and acquire any permits required by the City before constructing said Access Improvements (the "Permits"). Section 4.01. Construction - Site Plan. On or before six (6) months after the effective date of this Agreement, CVS shall submit to the City a detailed Site Plan (herein so called) of the Lands and Access Improvement Plans. Page 3 of 17 The Site Plan is subject to review and approval by the City, delegated for purposes of this Agreement to the City's Water Utility Director, or his designee, and the Water Advisory Commission, or their successors, and, if required by law, any other parties or entities, designated by the City. Any such parties, after consultation with CVS, may request any changes, amendments or corrections to the Site Plan. In the event the ,parties cannot mutually agree on such changes, such dispute may be appealed to the City Council of City. The City Council of City may direct whatever changes to the Site Plan it deems necessary or advisable. Except as stated otherwise, "Site Plan" as used in this Agreement shall mean and refer to the Site Plan, as approved as described herein. Section 4.02. Construction. CVS shall construct, or cause to be constructed, and located upon the Lands, the Access Improvements on or before one (1) year after the later of (i) approval of the Site Plan, or (ii) issuance of all required Permits. Section 4.03. Approval of Construction. No construction of any type or kind, including without limitation, the Access Improvements and any additions or alterations to the completed Access Improvements shall be commenced unless the Site Plan and the Access Improvement Plans or plans for additional improvements or alterations to existing improvements have received the prior written approval of the City, delegated for purposes of this Agreement to the City's Water Utility Director or his designee, and if required by law, any other parties designated by the City. This approval is required by the terms and conditions of this agreement and does not take the place of or satisfy the requirements of or substitute for other permits and approvals that may be required by other laws, ordinances or policies. CVS shall, at its own expense, engage a licensed engineer to prepare the Access Improvement Plans for the construction of Access Improvements, and for any alterations or additions to the Access Improvements, and all plans and construction shall be completed in compliance with all applicable permits, ordinances, and statues. Page 4 of 17 The City, and any other parties having the right of approval, as described herein, shall review the Access Improvement Plans submitted by CVS and provide to CVS, in writing, any required changes or corrections that must be made that the City and or other parties having the right of approval, as described herein, may deem necessary in their sole discretion. The failure to receive the approval described herein shall not excuse the performance by CVS of any provision and/or activity described and/or required in this Agreement. The City, and other parties having the right of approval, as described herein, shall have the right at all times to observe any and all activities described in Article IV. Neither the City nor other parties having the right of approval as described herein shall have any liability or responsibility for the engineering design or for any defect in the Access Improvements or the Access Improvement Plans, nor shall such approval and/or observation relieve CVS from any or all of its obligations provided herein. Minor repairs and/or alterations necessary to maintain the Access Improvements in a good state of repair does not require submission and approval as described herein. Section 4.04. Surety. Any and all contracts that CVS may enter into with third parties to participate in the construction and/or location of improvement activities contemplated by this Agreement shall contain the requirement that such third parties adequately bond their performance under said contract, naming the City as a co -beneficiary or co -secured. The original of said bonds are to be suitable in form to the City and submitted to the City prior to the commencement of any activities of any kind by such third parties. Section 4.05. Ownership of Improvements. The Access Improvements constructed, placed, located and/or maintained on any part of the Lands during the term to this Agreement shall be considered part of the real property and must remain on the Lands and, subject to the terms of this Agreement, become property of the City, from and after the termination of this Agreement. The City Page 5 of 17 may, at the City's sole option, require CVS to remove at CVS's sole expense any and all improvements frorn the Lands and repair any and all damage to the Lands resulting from such removal within ninety (90) days of the termination of this Agreement. Any and all of such improvements not removed by CVS's on or before ninety (90) days after the termination of this Agreement, shall, at the option of the City, either (i) become the property of the City; or (ii) be removed and disposed of by the City at CVS's sole cost and expense. In the event the City shall elect to remove such property, the City shall owe no duty to protect such Access Improvements, and shall in no event be liable to CVS for loss, damage or destruction of same. The City may dispose of any such property in any manner it desires in its sole discretion and retain any proceeds received therefore. ARTICLE IV Operations of CVS Section 5.01. Access of Public. The Lands and the Access Improvements shall be open to the public for the purpose of ingress and egress, on, over and across the Lands to the CVS Pharmacy located at the corner of 50`h and Indiana. Section 5.02. Utilities. CVS shall be responsible for providing, furnishing and connecting all utilities deemed necessary by CVS to operate the Access Improvements, if any, and shall bear any and all expenses of any kind or nature for the providing of same to the Access Improvements and the utilization of same. Section 5.03. Taxes. CVS shall pay and discharge all charges, including without limitation, personal property taxes, gross receipt taxes, general and special assessments, and other charges of similar nature which may be levied or assessed against the Lands, if any. Section 5.04. Fees and Concessions. The license granted herein does not include the grant of any right to charge a fee for ingress or egress or other use of the Lands. Page 6 of 17 Section 5.05. Prohibition of Encumbrance. CVS shall not encumber any interest in the license granted herein, the Lands, and the Access Improvements described herein, and/or this Agreement, in any way, manner or form, including, but not limited to, by deed of trust, mortgage or any other security instrument. Further, CVS shall not cause or permit any mechanic's liens or any other liens to be filed against the license granted herein, the Lands, and the Access Improvements described herein, and/or this Agreement by reason of any work, labor, services or materials supplied and/or performed or claimed to have been supplied and/or performed to, by or for CVS or any contractor or subcontractors of CVS. Section 5.06. Right of Entry and Use — City. Nothing contained in this Agreement shall be construed to prohibit the City's right of entry and temporary use, and the City expressly reserves the right of entry and temporary use, in, on, over and/or across the Lands, at any and all times, and for any and all purposes. CVS agrees that the City may block, close down or otherwise temporarily suspend the use of the Lands for the construction, maintenance, and or repair of the water system improvements located in or adjacent to the Lands. The City maintains the right to block, close down or otherwise temporarily suspend the use of the Lands for the purposes of construction, maintenance and repair of the water system improvements in or adjacent to the Lands, and CVS agrees to not contest any such suspension of use of the Lands to any third party, including but not limited to any regulatory agency or court -of -law.. Section 5.07. Control of City. The City shall retain all authority placed in it which is non - delegable. No provision of this Agreement shall be construed as delegating any non -delegable right, power or duty of the City. CVS and City acknowledge that the City may develop the Lands for future water projects. CVS agrees that it will coordinate with the City, its agents and representatives Page 7 of 17 and will design any and all improvements in such a manner that they will not conflict with any existing water infrastructure, or with any planned projects identified by the chief water utility engineer prior to design of the Access Improvements. In the event a City water infrastructure or project does conflict with a portion of the Access Improvement made by CVS, the CVS will remove the portion of the Access Improvement at CVS's sole cost. CVS's also acknowledges that the City may develop the Lands for other governmental or proprietary projects. CVS's agrees that their improvements must not interfere with the existing City water system improvements in any way, or with the City's access to and from the water system improvements located in and adjacent to the Lands, and CWS forever waives any claims of any kind whatsoever, should the City proceed with governmental or proprietary projects. If the City does develop water or other governmental or proprietary projects, the parties may negotiate in good faith for a license of reduced acreage if, in the City's sole determination, such arrangement is not inconsistent with any City projects or purpose. In the event the City develops the Lands for a water project or any other governmental or proprietary project, CVS agrees to not contest any such project to any third party, including but not limited to any regulatory agency or court -of - law. If the City does develop water or other governmental or proprietary projects that require the termination of this agreement, the City shall provide one year notice in writing stating the City's intent to use the property for such purposes. In the event the City requires the termination of this agreement for the development of the Lands for a water project or any other governmental or proprietary project, CWS agrees to not contest any such project to any third party, including but not limited to any regulatory agency or court -of -law. Page 8 of 17 ARTICLE V Maintenance and Repair Section 6.01. Maintenance and Duty to Repair. At all times during the term of this Agreement, CVS shall keep and maintain, or cause to be kept and maintained, the Access Improvements, located on the Lands, and any landscaping, if any, in a good state of appearance and repair. CVS shall also cause that any litter or accumulation of litter be regularly removed from the Access Improvements and disposed of in a lawful manner. ARTICLE VI Insurance, Indemnity and Release Section 7.01. Indemnity and Release. CVS SHALL INDEMNIFY AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE CITY, AND CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, REPRESENTATIVES, AND/OR AGENTS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS OR LIABILITIES, OF ANY KIND OR NATURE, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACTIVITIES CONTEMPLATED HEREUNDER, CVS OCCUPATION OF THE LANDS OR OTHER CITY OWNED LANDS, OR THE OMISSION OF THE ACTIVITIES CONTEMPLATED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, LOSSES, DAMAGES, CLAIMS OR LIABILITIES ARISING FROM OR RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACT OR OMISSION OF THIRD PARTIES AND/OR CAUSED OR CONTRIBUTED TO, IN ANY WAY, MANNER OR FORM, BY THE NEGLIGENCE, OF ANY TYPE OR DEGREE, OR FAULT OF CITY, ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, REPRESENTATIVES, AND/OR AGENTS. CVS FURTHER COVENANTS AND AGREES TO Page 9 of 17 DEFEND ANY SUITS OR ADMINISTRATIVE PROCEEDINGS BROUGHT AGAINST THE CITY AND/OR THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, REPRESENTATIVES, AND/OR AGENTS ON ACCOUNT OF ANY SUCH CLAIM, AND, WITHOUT LIMITING THE INDEMNITY PROVIDED HEREIN, TO PAY OR DISCHARGE THE FULL AMOUNT OR OBLIGATION OF ANY SUCH CLAIM INCURRED BY, ACCRUING TO, OR IMPOSED ON THE CITY, OR THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, REPRESENTATIVES, AND/OR AGENTS, AS APPLICABLE, RESULTING FROM ANY SUCH SUITS, CLAIMS, AND/OR ADMINISTRATIVE PROCEEDINGS OR ANY MATTERS RESULTING FROM THE SETTLEMENT OR RESOLUTION OF SAID SUITS, CLAIMS, AND/OR ADMINISTRATIVE PROCEEDINGS. IN ADDITION, CVS SHALL PAY TO THE CITY, THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, REPRESENTATIVES, AND/OR AGENTS, AS APPLICABLE, REASONABLE AND NECESSARY ATTORNEY'S FEES INCURRED BY SUCH PARTIES IN ENFORCING CVS's INDEMNITY OR OTHER OBLIGATIONS CONTAINED IN THIS SECTION. THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, REPRESENTATIVES, AND AGENTS, SHALL NOT BE LIABLE, AND CVS HEREBY RELEASES THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, REPRESENTATIVES, AND AGENTS, FOR, FROM AND/OR AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS OR LIABILITIES TO CVS, ON ANY THEORY OF LEGAL LIABILITY, INCLUDING, BUT NOT LIMITED TO THE NEGLIGENCE, OF ANY TYPE OR DEGREE, OR FAULT, OF THE CITY, AND/OR ARISING FROM OR RELATED TO, IN ANY WAY, MANNER OR FORM, THE UNENFORCEABILITY OR VOIDANCE, FOR ANY REASON, OF ALL OR ANY PART OF THIS AGREEMENT. Page 10 of 17 THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THE TERMINATION OR VOIDANCE OF THIS AGREEMENT. Section 7.02. Insurance. CVS shall procure and carry, at its cost and expense through the life of this Agreement and any extensions, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the State of Texas, covering all foreseeable aspects and operations in connection with this Agreement, including, but not limited to, all aspects, operations and/or occurrences to which CVS has indemnified the City. A Certificate of Insurance specifying each and all coverages shall be submitted to the City prior to the execution of this Agreement, except as it relates to the required Building Risk Insurance, of which said Certificate shall be submitted no later than fifteen (15) days prior to the commencement of construction activities. CVS shall provide to the City proof of the below described insurance on or before fourteen (14) days prior to the expiration date of each expiring policy, and cause each required policy to require the insurer to (i) give notice to the City, as specified herein, of termination of any such policy sixty (60) days before such termination is to be effective; and (ii) contain a waiver of any and all of the insurer's rights to subrogation that any such insurer or insurers may acquire by virtue of payment of any loss under such insurance. A. Comprehensive General Liability Insurance, CVS throughout the period described above, and all contractors hired by CVS to perform work at any site on the Lands, throughout the course of the job, shall maintain comprehensive general liability insurance, with limits of $1,000,000.00 combined single limit in the aggregate and per occurrence. The City shall be named as a primary additional insured in such policy. B. Worker's Compensation Insurance. CVS, throughout the period described above, and all contractors hired by CVS to perform work at any site on the Lands, throughout the course of the job, shall elect to obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, CVS shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that all contractors hired by CVS to perform work at any site on the Lands, and CVS maintain said coverage. Any termination of workers' compensation insurance coverage by CVS or all contractors hired by CVS to perform work at any site on Page 11 of 17 the Lands shall be a material breach of this contract. The policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Employer's Liability with limits of at least $500,000 each accident, $500,000 by disease policy limits, and $500,000 by disease each employee shall also be obtained and maintained by CVS throughout the period described above; and by all contractors hired by CVS to perform work at any site on the Lands throughout the course of the job. C. Builder's Risk Insurance. CVS and/or its contractor(s) shall have Builder's Risk Insurance in the amount of one hundred percent (100%) of the prices of each contract relating to the construction activities contemplated in Article II, above, and the insurance shall name the City as an additional insured. Insurance requirements shall be reviewable by the City every five (5) years, and the parties agree coverage requirements may be increased consistently with City-wide coverage policies. AR'T'ICLE VIII Warranties, Covenants and Representations of CVS Section 8.01. Power. CVS has the authority to enter into and perform this Agreement and all activities contemplated hereby. ARTICLE IV Miscellaneous Section 9.01. Notice. Any notice required or permitted to be given herein must be given in writing and must be personally delivered, delivered by telephone facsimile, or mailed by prepaid certified or registered mail to the party to whom such notice or communication is directed at the address of such party as follows: Page 12 of 17 City: CVS: City Manager P.O. Box 2000 Lubbock, TX 79457 Telephone: (806) 775-2235 Fax: (806) 775-3240 With Copy To: Wood Franklin Chief Water Utility Engineer P.O. Box 2000 Lubbock, TX 79457 Telephone: (806) 775-2343 Michael B. Nulman, Senior Legal Counsel CVS/Pharmacy 1 CVS Drive Woonsocket, Rhode Island 02895 Telephone: 401-770-2533 Fax: 401-765-7887 Walter Boldys, Esq.. Mintz, Levin, Cohn, Ferris, Glovsky And Popeo, P.C. One Financial Center Boston, MA 02111 Telephone: (617) 348-1803 Fax: (617) 542-2241 S. Carl Friedsam Martin & Drought, PC 300 Convent Street, Suite 2500 San Antonio, Texas 78205 Telephone: (210) 220-1350 Fax: (201) 227-7924 Any such notice or other communication shall be deemed to have been given (whether actually received or not) on the date it is personally delivered or delivered by telephonic facsimile, or, if mailed, on the third day, after it is mailed as aforesaid. Any party may change its address for purposes of this Agreement by giving notice of such change to all other parties pursuant to this Section 9.02. Section 9.03. Assignment/Sublet. This license is personal to CVS. CVS shall not assign or sublet this license. Any attempt to assign or sublet this license shall terminate the license granted herein. Page 13 of 17 Section 9.04. Com. Unless otherwise provided herein or required by law and/or local ordinance, charter or code, any action required or permitted to be taken by "the City", shall be taken by the City Manager of the City of Lubbock or any party designated by him or her. Section 9.05. Relationship to Parties. The relationship between the City and CVS is at all times solely that of license and licensee, and may not be deemed, in any event, a partnership or a joint venture. Section 9.06. Compliance with Applicable Law. CVS shall comply with all applicable federal, state and local rules, regulations, statutes, laws and ordinances governing, in any way, manner or form the construction activities contemplated herein, the operation of the ingress and egress improvements, and/or any other aspect of the activities described to or contemplated by this Agreement. Section 9.07. CVS acknowledges that this License is subject to and is subordinate to the City's water system including requirements of the Texas Commission on Environmental Quality, the Environmental Protection Agency, the City of Lubbock and other State and Federal regulatory authorities having jurisdiction, and any water project or other projects of a governmental or proprietary nature. It is expressly agreed and understood by CVS that in the event of a conflict between the operation of the City water system or other project of a governmental or proprietary nature and for purposes of this license, the City will give priority to the requirements of the City water system, governmental or proprietary projects. Section 9.08. Texas LawNenue. This Agreement is to be construed under Texas law and applicable federal law, without regard to conflict of law rules that would direct application of the laws of any other jurisdiction, and all obligations of the parties created by this Agreement are performable in Lubbock County, Texas. Venue for any action brought pursuant to this Agreement, or any activity contemplated hereby, shall lie exclusively in Lubbock County, Texas. Page 14 of 17 Section 9.09. Partial Invalidity. Except as otherwise provided herein, if any one or more of the provisions contained in this Agreement are for any reason held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability will not affect any other provision of this Agreement, which shall be construed as if it had not included the invalid, illegal or unenforceable provision. Section 9.10. Agreements Superseded. This Agreement constitutes the parties' sole agreement and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter hereof. Section 9.11. Amendment. No amendment, modification, or alteration of this Agreement is binding, unless in writing, dated subsequent to the date of this Agreement, and duly executed by the parties. Section 9.12. Exhibits. The Exhibits which are referenced in, and attached to this Agreement, are incorporated in and made a part of this Agreement for all purposes. Section 9.13. Captions. Section captions are for convenience only and shall in no way affect the interpretation of this Agreement. Section 9.14. License Agreement. The intent of this Agreement is to grant a license to CVS to utilize the Lands solely for the purposes described herein. This license is terminable per the terms of this Agreement, at will or for failure to comply with any term or condition herein. This Agreement shall not be construed, in any way, manner or form, as a lease of the Lands or as conveying to CVS any interest in the real property comprising the Lands. Page 15 of 17 EXECUTED and effective as of the date of the execution by the City of Lubbock. CITY OF LUBBOCK, TEXAS TOM MARTIN, MAYOR ATTEST: Reber a Garza, City Secretary APPROVES TO CONTENT: L. Addms, Depuhy City Manager Aubrey Spear,,Water utility Director APPROVED CVS BY: Name: Michael . ulman k5ss sec-kgt +v( Page 16 of 17 EXHIBIT A Resolution No. 2009-RO303 Page 17 of 17 Resolution No. 2009-x0303 EXHIBIT A LICENSE AGREEMENT The Lands for the License Agreement METES AND BOUNDS DESCRIPTION of a tract of land of a proposed license agreement located in Lot 17, Fry Addition, to the City of Lubbock. Lubbock County, Texas. according to the map, plat and/or dedication deed thereof recorded in Volume 1671, Page 44, Deed Records of Lubbock County, Texas, being further described as follows: BEGINNING at a 314" iron pipe found at the Southeast corner of this tract in the North right-of-way line of 50th Street also being the Southwest corner of Lot 1-A-1 Fry Addition, to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 10376, Page 30, Official Public Records of Lubbock County, Texas, at the Southeast comer of said Lot 17, Fry Addition, which bears West a distance of 429.00 feet and North a distance of 45.00 feet from the Southeast corner of Section 16, Block B, Lubbock County, Texas; THENCE West, along the North right-of-way line of said 50th Street and the South line of said Lot 17, a distance of 260.00 feet to a 3/8" iron rod found at the Southwest corner of this tract and said Lot 17 also being the Southeast comer of Lot 2, Paso Addition, to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 891, Page 435, Deed Records of Lubbock County, Texas; THENCE North, along the West line of said Lot 17 and the East line of said Lot 2, a distance of 30.00 feet to a 1/2" iron rod with cap set for the Northwest corner of this tract; THENCE East a distance of 260.00 feet to a 1/211 iron rod with cap set in the East line of said Lot 17 and the West line of said Lot 1-A-1, for the Northeast corner of this tract; THENCE South, along the East line of said Lot 17 and the West line of said Lot 1-A-1, a distance of 30.00 feet to the Point of Beginning. CONTAINS: 7.800 sq. ft. or 0.179 acres Resolution No. 2009-RO303 EXHIBIT B Map of the Tract of Land, the "Lands", included in the License Agreement . a e j i 0 � C. * t ^ E 1 Z 1 ■� rw� - ' - - � �-- - - """"_' ____rte . _ � t i t