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HomeMy WebLinkAboutResolution - 1202 - Street Use License - CDTC - Pipeline, Peach Ave - 09/09/1982RESOLUTION 1202 - 9/9/82 ( JWF: cl RESOLUTION i 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 Use License in regards to a portion of Peach Street in favor of Carbon Dioxide Technology Corporation, 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. m Passed by the City Council this 9th day of September ,1982. i f i i BILL cALI TER, MAYOR "ATTEST: Evelyn_Gaf ga, City S cry y -Treasurer APPROVED AS TO CONTENT: Don J ings, ty Engineer APPROVED AS TO FORM: J. Worth[Flillingim, Assistant City ttorney I THE STATE OF TEXAS COUNTY OF LUBBOCK RESOLUTION 1202 - 9/9/82 STREET USE LICENSE This indenture made this 9th day of September 1982, being the date of this Agreement, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and CARBON DIOXIDE TECHNOLOGY CORPORATION, Lubbock County, Texas, 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 dedicated street to construct and maintain a pipeline, this license being classified as a subsurface license, and said pipeline shall be buried 40 inches below the ground surface and shall be cased with steel casing as approved by the City Engineer of the City of Lubbock, at the following area and location: Extending over, through, along, and across Peach Avenue, located in Section 11, Block S, G.C. & S.F. R.R. Co. Survey, Lubbock County, Texas and is a 30 feet wide area described by its centerline as follows: Beginning at a 11" 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' W. a distance of 1621.41 feet from the Southwest corner of said Section 11; THENCE N. 47040'47" E. a distance of 56.63 feet to a 'Y" iron rod set in the Southwesterly right-of-way line of Southeast Drive. 1. LICENSEE is further granted a temporary license which shall be for a term of one year from the date first hereinabove set forth which shall be for a working area ten feet in width on either side of the above-described tract of land. LICENSEE shall barricade and light such areas and make such areas safe during construction times or repair work times. 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 3750 Slaton Highway, P.O. Box 65018, Lubbock, Texas 79464, 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 enter 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. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of TWO HUNDRED FIFTY AND N0/100 DOLLARS ($250.00) 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 compen- sation 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 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 con- structed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to re- imburse 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 LICENSEE'S 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 LICENSEE 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 LICENSEE, his heirs 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 license or the construction or maintenance and 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 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 satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agree- ment 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 payment of any 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 liability and property damage insurance, within limits specified by, and in a form satis- factory 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. 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 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 Paragraph Five (5). 9. 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- -2- 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 cancel- lation of this license. CITY OF LUB r BY ILL McAlister, MAYOR ATTEST: Evelyn'Ga fga, City ry-Treasurer AGREED TO AND ACCEPTED this day of , 1982. LICENSEE: CARBON DIOXIDE TECHNOLOGY CORPORATION BY APPROVED AS TO CONTENT: Don J Ings, ity Engineer APPROVED AS TO FORM: J. or h Fullingim, Asst. C&ty Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § PRESIDENT BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared BILL McALISTER, Mayor, 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. GIVEN INDER MY HAND AND SEAL OF OFFICE this day of J9 19.8. Nota y Public, Lub ock Coun y, Texas 5z THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared , President of Carbon Dioxide Technology 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 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. Notary Public County, Texas -4-