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HomeMy WebLinkAboutResolution - 5785 - Street/Alley And Monitor Well Permit - Mayfield Van Lines And Warehouse - 03/12/1998RESOLUTION NO.5785 Item 417 March 12, 1998 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 Street/Alley and/or City Public Grounds Monitor Well Permit by and between the City of Lubbock and Mayfield Van Lines and Warehouse, attached hereto, and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of March 1998. ImAsqrTW', MAYOR ATTEST: ayt a anell, 1ty Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way gent APPROVED AS TO FORM: Linda Chamales Supervising Attorney/Office Practice LC: gs/ccdocs/Mayfi el.res February 12, 1998 RESOLUTION NO. 5785 Item #17 March 12, 1998 STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 12th day of March , 1998, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and MAYFIELD VAN LINES AND WAREHOUSE, hereinafter called "PERMITTEE". WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the PERMITTEE, the right, privilege and license to use portions of dedicated streets and/or alleys and/or City public grounds for groundwater monitoring wells, to -wit: Legal description of a monitor well to be placed in the South Right -of -Way of East 44th Street adjacent to Lot 1, Block 14, Nelson Brown Addition to the City of Lubbock, Lubbock County, Texas; BEGINNING at a point which is 1.00 foot North and 41.00 feet East of the Northwest corner of Lot 1, Block 14, Nelson Brown Addition; to the City of Lubbock, Lubbock County, Texas; THENCE North 2.00 feet to a point; THENCE East 2.00 feet to a point; THENCE South 2.00 feet to a point; THENCE West 2.00 feet to the POINT OF BEGINNING. Texas Natural Resources Conservation Commission, hereinafter referred to as "T.N.R.C.C.", leaking petroleum storage tank, L.P.S.T. Site No. 92061. The term of this grant 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 before the expiration of the original or any subsequent 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 permit with or without cause upon thirty (30) days prior written notice to the PERMITTEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to PERMITTEE at the last known address of PERMITTEE. Application fee for this permit is ONE HUNDRED FIFTY AND N0/100 DOLLARS ($150.00) and is non-refundable. Upon expiration or cancellation and revocation of this permit by the CITY OF LUBBOCK or the abandonment of the permit by the PERMITTEE, the improvements that are permitted under this permit shall be removed by the PERMITTEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event PERMITTEE 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 PERMITTEE for which PERMITTEE shall be liable. In addition to the permit application fee, PERMITTEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) cash in advance contemporaneously with the acceptance and execution hereof by PERMITTEE for the first five (5) year term of this permit 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. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year term shall apply. The fee for the first five (5) year term of this permit shall be tendered in the form of a certified or cashier's check prior to placement of the request for this permit on the City Council Agenda. Such fee shall only be refundable if this permit is denied by the City Council. 2 The PERMITTEE agrees to pay all costs arising out of the exercise of this permit herein granted including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this permit. PERMITTEE must utilize all necessary construction barricades, warning signs and traffic control devices in accordance with the Texas Manual on Uniform Traffic Control Device (T.M.U.T.C.D.), when drilling the monitor wells, inspecting the monitor wells or testing of water samples and removal of the monitor wells. All drilling fluids and cuttings are to be emptied at T.N.R.C.C. approved sites and not emptied onto City streets, alleys or other City -owned property. 3. In the event the CITY OF LUBBOCK determines that the existence of the use 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, the PERMITTEE agrees to reimburse the CITY OF LUBBOCK or franchised 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 PERMITTEE'S use herein. All work is to be done in compliance with local, state and federal laws and regulations. 4. This permit is not transferable to the PERMITTEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This permit is made subject to the condition that should the PERMITTEE exercise any right under the permit herein granted 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 PERMITTEE, 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 permit or the construction or maintenance and use permitted herein. PERMITTEE is responsible and liable for any and all contamination done to the water table if such occurs during the drilling, monitoring or filling or the wells. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by the PERMITTEE 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 any amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions 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 the PERMITTEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give the PERMITTEE a reasonable opportunity to settle or adjust the same. PUBLIC GROUNDS MONITOR WELL PERMIT MAYFIELD VAN LINES AND WAREHOUSE- 2 6. If a street or alley area is ever widened and any of the wells are found to be located in the portion to be widened and must be relocated, PERMITTEE must fill the wells so located and drill new wells at PERMITTEE'S sole expense. PERMITTEE will be responsible for any additional licensing costs incurred as a result of the new wells. 7. Upon termination or cancellation of this permit, all of the wells shall be permanently filled and capped to the requirements of the City, the Underground Water Conservation District, the T.N.R.C.C., or other applicable specifications. In general, the finished surface shall be left in a condition at least as good as that which existed prior to the drilling operations. 8. PERMITTEE agrees and is required to furnish to the CITY OF LUBBOCK a policy of public liability and property damage insurance within limits as follows: Comprehensive General Liability Insurance Amount - Bodily Injury $500,000 each occurrence Property Damage $100,000 each occurrence $100,000 for aggregate OR Commercial General Liability Insurance Amount - $600.000 combined single limit each occurrence and in the aggregate Solely at PERMITTEE's expense, PERMITTEE shall do one of the following: (1) PERMITTEE may furnish a separate insurance policy showing the CITY OF LUBBOCK as named insured; or (2) PERMITTEE may furnish an insurance certificate showing the CITY OF LUBBOCK as an additional named insured by endorsement on PERMITTEE' S insurance policy. 9. All of the covenants and provisions of this permit shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and 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 PERMITTEE, 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). 10. PERMITTEE, by its acceptance of the uses permittee herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein, and PERMITTEE waives any and all claims in and to the public way PERMITTEE is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this permit. PUBLIC GROUNDS MONITOR WELL PERMIT MAYFIELD VAN LINES AND WAREHOUSE- 3 Written notices required hereunder shall be mailed to the CITY OF LUBBOCK addressed to the City Manager, P.O. Box 2000, Lubbock, Texas 79457. Written notices required hereunder should be mailed to the PERMITTEE, Mayfield Van Lines and Warehouse, P.O. Box 3860, Lubbock, Texas 79452. ATTEST: ayt a arnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of - y Agent APPROVED AS TO FORM: Linda Cham es Supervising Attorney/Office Practice AGREED TO AND ACCEPTED thiszj� CITYOF UBBOCK IA" 4L BY: WINDY SIT ON, MAYOR PUBLIC GROUNDS MONITOR WELL PERMrr MAYFIELD VAN LINES AND WAREHOUSE- 4 THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared WINDY SITTON, 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 as the act and deed of the CITY OF LUBBOCK. VEN UNDER MY HAND AND SEAL OF OFFICE this 17day of otary public in and for the State of Texas My Commission Expires: .RgF =`�'fIE STATE OF TEXAS § COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared L G. MAYFIELD, JR., 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 stated as the act and deed of aforesaid Permittee, MAYFIELD VAN LINES AND WAREHOUSE. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3 day of cc_ , 1998. LkqM••'°•,� DMP1EI otary public in and for the State of Texas '. �il=C`JIIGC� DA1�� Printed or Typed Name of Notary LC:Bs/S&AMayf..doc ccdocs/Fe6cuary 16,1998 My Commission Expires:© G 2'00 1 PUBLIC GROUNDS MONITOR WELL PERMIT MAYFIELD VAN LINES AND WAREHOUSE. 5