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HomeMy WebLinkAboutResolution - 1274 - Street And Alley Use License Agreement - LFL Inc - Gas Pipeline, Sec 11 Block S - 12/09/1982HW: da RESOLUTION P RESOLUTION 1274 - 12/9/82 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 and Alley Use License Agreement with Lubbock Feed Lots, Inc., 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 Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of December 1982 Z,"- z4z dl- I. - 'A. N HENR Ma Pro Tem ATTEST: E elyn G ga, City a�ryTreasurer APPROVED AS TO CONTENT: A 0 -i-w/J Don pnningsOoCity Engineer APPROVED AS TO FORM: 14 a Aci Wy 40 n rt Harold Willard, Asst. City Attorney STREET AND ALLEY USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK RESOLUTION 1274 - 12/9/32 CITY SECRETARY -TREASURER This indenture made this 9th day of December , 1982, being the date of this Agreement, between the CITY OF LUBBOCK, TEXAS, a Home Rule Muni- cipal Corporation, and LUBBOCK FEED LOTS, INC., Lubbock County, Texas, herein- after 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 streets to construct and maintain an underground pipeline to transport methane gays, this license being classified as a sub- surface license, and LICENSEE shall bore under all existing concrete and asphalt paving and drainage improvements and street and alley appurtenances so as to avoid cutting or destroying the same and all street and alley crossings shall be cased with steel casing, and such pipeline shall be constructed of tubular steel and have a minimum cover of at least 40 inches from the ground surface at the following locations: A portion of Peach Avenue out of Section 11, Block S, G.C. & S.F. R.R. Co. Survey, Lubbock County, Texas, and the centerline of the 30 feet wide use is described as follows: BEGINNING at a 31" iron rod set in the West line of Section 11, Block S, G.C. & S.F. R.R. Co. Survey, Lubbock County, Texas, and in the West right-of-way line of Peach Avenue which bears N. 00°44' West a distance of 1621.41 feet from the Southwest corner of said Section 11; THENCE S. 60°20' East a distance of 1491 feet to a 'Y" iron rod set in the East right-of-way line of Peach Avenue. 1. 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 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 P.O. Box 1679, Lubbock, Texas 79408, 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 im- provements 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 enter possession, and remove or cause to be removed such im- provements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of TWO HUNDRED FIFTY AND N01100 ($250.00) 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 estab- lished by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify tha_1-10ENSEE 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 be not timely made then the rate for the preceding five (5) year term shall apply. 3., The LICENSEE agrees to pay all costs arising out of the exercise of this license 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 license. 4. In the event the CITY OF LUBBOCK determines that the existence of such use 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 of such relocating or rerouting over and above the expense which would have been incurred except for LICENSEEIS use herein. 5. This license is not transferable by the LICENSEE without first re- ceiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LI- CENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, "then and in that event said LI- CENSEE, his heirs and assigns, will at all .times defend, indemnify and other- wise 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 license or the construction or maintenance and use per- mitted 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 contractor. The CITY OF LUBBOCK may further require such contractor, 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 the form satis- factory 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 assumed by contractor 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 paymentofany such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 7. LICENSEE agrees and is required to furnish a policy of public lia- bility 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. 8. The LICENSEE shall construct and maintain visible markers where the underground pipeline intersects any public right-of,way within the City of Lubbock and shall construct and maintain said markers in such a manner and at such locations as required by the City Engineer of the City of Lubbock. 9. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, as- signs 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 and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Para- graph Five (5). 10. LICENSEE, by the acceptance of the uses permitted herein, under- stands 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. CITY OF LUBBOCK BY Z& AL .HENRY, May"or P Tem ATTEST' velyn Ga fga, City -Se ry-Treasurer AGREED TO AND ACCEPTED this f kfl day of �f ,6, c? , 1982. LICENSEE: Z B K FEED LOTS, INC. an n Wagers, J , Ri t -of -Way Agent APPROVED AS TO CONTENT: Don nnings City Engineer APPROVED AS TO FORM: Va,,7, el'H )V 90-e) n rk Harold Willard* Asst. City Attorney 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.ALAN HENRY, 4ay_r _m e'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 the CITY OF LUBBOCK and as Mayor, for the purposes and consideration therein expressed and in the_capacity therein stated. '/ 011 UNDER MY HAND AND SEAL OF OFFICE this day of 1982. Notary Public, Lu bock County, Texas 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 STANTON WAGERS, JR., Right - of -Way Agent, 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 said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of �� 1982. t. Abt-dey Public, k "A6. County, Texas