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HomeMy WebLinkAboutResolution - 3667 - Land Use Permit Agreement- Ronnie Zahn Paving Inc- Asphalt Hot Mix Plant, YC AD - 07/25/1991JCR:js RESOLUTION Resolution No. 3667 July 25, 1991 Item #15 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 an Asphalt Hot Mix Plant Land Use Permit Agreement to be entered into by and between said City (as Landowner) and Ronnie Zahn Paving, Inc. (as Permittee), attached herewith, 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 Reso- lution as if fully copied herein in detail. Passed by the City Council this 25th day of July , 1991. B. C. MCMINN, AYO ATTEST: e boyo, city secretar AP ROVED AS TO.�CONTENT: A. Haw in , Director of Water Utilities APPROVED AS TO FORM: t / � n L. Koss, Jr., Llty Attorney DWM : j s STATE OF TEXAS COUNTY OF LUBBOCK ASPHALT HOT NIX PLANT LAND USE PERMIT AGREEMENT 0 ki Resolution No. 3667 July 25, 1991 Item #15 This instrument is entered into by and between the City of Lubbock, a home rule municipality located in Lubbock County, Texas (herein referred to as called "City") and Ronnie Zahn Paving, Inc., a corporation acting through its duly elected President, Ronnie Zahn (herein referred to as "Permittee") as of the 25th day of July , 1991, and said parties hereby contract and agree as follows: City is the owner of certain land upon which is located an asphalt hot mix plant which is owned and operated by Permittee. Permittee desires to continue such operation upon said land (as hereinafter described by metes and bounds) and City is agreeable to permitting such operation by Permittee to continue under the terms and conditions as hereinafter set forth, to -wit: I. The term for this permit shall be for ten (10) years from the first day of July, 1991 until the last day of June, 2001. The com- pensation due to be paid by Permittee to City shall be FIVE HUNDRED AND N0/100 DOLLARS ($500.00) per month payable on or before the fifteenth day of each month during the life of this Permit. The first payment shall be due and payable on or before the fifteenth (15th) day of July, 1991. If the rent, which is due on the fif- teenth (15th) day of each month during the life of this Permit, is not paid within thirty (30) days after the fifteenth (15th) of said month, the City may, at its sole discretion, terminate this Permit upon written notice to Permittee in the manner set forth in Section VIII hereof. Any waiver or indulgence granted by City shall not be construed as a waiver or indulgence in a later transaction hereun- der in insisting upon its rights under this Permit Agreement. II. Permittee will conduct all its operations, berming, storage of chemicals, handling of asphalt, and any other activity necessary to its hot mix plant operations in such a manner as to comply with all Federal and State regulations governing health, safety, and envi- ronmental and pollution and contamination control of earth, air, and water of whatsoever kind or nature, and Permittee shall hold City harmless from any and all claims, suits, demands, costs, and judgments brought or obtained against the City arising out of any violations of any such Federal or State regulations by Permittee. An asphalt hot mix plant operation use is (except as otherwise herein provided) the only activity by Permittee permitted by City under the terms of this Permit. Any other use shall be construed as unauthorized under the terms of this permit. IV. The gate for access to the asphalt hot mix plant area shall be locked for security reasons at all times when the hot mix plant is not in active operation. - 2 - V. Permittee shall have access (ingress and egress) to its hot mix plant over the paved access road to it, which crosses over land owned by City (but not involved in the actual permitted hot mix plant area). VI. The actual hot mix plant permit area is described by metes and bounds as follows: BEGINNING at a point a distance of 550.00 feet East of the Southeast corner of Lot 83, Yellowhouse Canyon Addi- tion to the City of Lubbock, Lubbock County, Texas; THENCE North a distance of 500.00 feet to a point; THENCE East a distance of 400.00 feet to a point; THENCE South a distance of 500.00 feet to a point; THENCE West a distance of 400.00 feet to the POINT OF BEGINNING. VII. Permittee shall not do any dumping of refuse, solid waste, trash, garbage, and/or debris in the asphalt hot mix plant permit area or the area adjacent thereto, which is owned by the City. VIII. This Permit Agreement may be terminated by either City or Per- mittee by sixty (60) days written notice to the other party served by ceritifed United States mail, addressed to the City Manager, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457 or to Ronnie Zahn Paving, Inc., Route 10, Box 820, Lubbock, Texas 79404 or the last known address of Permittee. Any termination by Permittee of - 3 - this Agreement shall not relieve the Permittee of its obligations under Sections II, IX and X hereof. IX. As part of the consideration for being permitted to use land owned by the City, as above set forth, Permittee agrees to level and dress up the caliche area to the North of the permit area, and further agrees to remove surface trash and debris to the South and East of the permit area, from the area of land in the vicinity owned by the City, all of this to be done at the expense of Permit- tee within six (6) months after the beginning date of the term of this Permit. Said removal and disposal shall be in accordance with all applicable Federal and State regulations. X. A water well existing in the permit area shall be either prop- erly completed, to prevent surface water intrusion and other ground water contamination, in accordance with Texas Department of Health and Texas Water Commission Standards and regulations within thirty (30) days after execution of this Permit Agreement or properly capped and made safe against danger to pedestrians in the vicinity and to prevent ground water contamination (all at the expense of Permittee). XI. This Agreement is not assignable or transferable by Permittee, in whole or in part, without the written consent of the City Man- ager of the City of Lubbock. - 4 - XII. Any improvements and/or personal property owned by Permittee in the permit area shall be removed as property of the Permittee within ninety (90) days after the termination or expiration of this Agreement. If such improvements and/or personal property is not so timely removed, same shall ipso facto become the property of the City, and if City so elects, it may have same removed from the premises at Permittee's expense. XIII. This Contract is performable in Lubbock County, Texas and said County shall have venue and jurisdiction to determine all disputes which may arise under this Agreement. EXECUTED this the 25th CITY OF LUBBOCK BY . C. MCMIN , MAYOR APPROVED AS TO CONTENT: Wezt:9--::- La=2Z Rane a Boyd, City Secret ry APPROVED AS TO CONTENT: D n A. Hawkins, Director of W ter Utilities APPROVED AS TO FORM: ohn 'C'. Ross, Jr., City Attorney day of July , 1991. RONNIE PAVIN NC. BY• ONNIE ZAHN PRE - 5 - THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared B. C. McMINN, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowl- edged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. DEN UNDER MY HAND AND SEAL OF OFFICE this. '-- day of 1991. Notary Public in and for . 1g93 the State of Texas jWWE"ER 30 My Commission Expires: 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 RONNIE ZAHN, President of Ronnie Zahn Paving, Inc., a Corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of said Corporation, for the purposes and considera- tion therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1991. Da_t AAJ © P �1� Notary Public in and for the State of Texas My Commission Expires: l —1 Q -1�3 DANI PAIMER X, f NOTARY F'UB,IC Stale r; Tpxe My W'Mrrrssion Expfr�q JULY 1Z 1993