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HomeMy WebLinkAboutResolution - 800 - Street Use License - Texland Petroleum - Flow Lines, Sec 9 Block A - 05/14/1981SMH:pc RESOLUTION RESOLUTION 1800 - 5/14/81 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for the City of Lubbock a Street Use License in favor of Texland Petroleum, Inc., attached herewith, which shall be spread upon the minutes of the City Council, and as spread upon said minutes shall constitute a part hereof for all purposes. SECTION 2. THAT the Licensee in said Street Use License shall pay the sum of $100.00 in advance to the City of Lubbock upon and contemporaneous with the execution of said License as an advance annual fee of $5 per year for 20 years, as part of the consideration for the grant of said Street Use License. Passed by the City Council this 14th day of May 1981. r 107 1 - fi BILL MCALIS ER, MAYOR ATTEST: Evelyn Ga fga, City Secrea y -Treasurer APVED TO CONTENT: P 17 I Don Jetffiings,Aty Engineer APPROVED AS TO FORM: . &t. rm - " Susan M. Horton, Assistant City Attorney x;919`' RESOLUTION #800 - 5/14/81 �l STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 14th day of May 1981, between the City of Lubbock, Texas, a Home Rule Municipal Corporation and Texland Petroleum, Inc., Tarrant County, Texas, hereinafter called "Licensee". WITNESSETH: Subject to the terms, conditons 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 flow lines on the property described by metes and bounds as follows. Beginning at a Point 1997.87 feet west of and 590 feet North of the Southeast corner of Section 9, Block A, Lubbock County, Texas for the beginning point; Thence East 60 feet; Thence North 20 feet; Thence West 60 feet;. Thence South 20 feet to the point of beginning. I. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Council 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 3402 Fort Worth National Bank Building, Fort Worth, Texas 76102 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. II. Licensee shall pay to the City of Lubbock as a compensation for such grant the sum of ONE HUNDRED AND N0/100 ($100.00) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by Licensee. III. 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. IV. 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 Licensee's use herein. V. . This license is not transferable by the Licensee without first receiving the written consent of the City Manager of the City of Lubbock. VI. 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 constructor, 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 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 payment of any such claims or demands in order to give Licensee a reasonable opportunity to settle or adjust the same. VII. Licensee agrees and is required to furnish a policy of public liability 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. VIII. 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). I%. 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 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. Executed this 14th day of May 1981. CITY OF LUB BI MCALIST R, MAYOR ATTEST: Evelyn Ga ga, City stcr-Treasurer APPROVED AS TO CONTENT: A4 Don JWhings,girity Engineer APPROVED AS TO FORM: Susan M. Horton, Assistant City Attorney Agreed to and Accepted this 13th day of June , 1981. TEXLAND PETROLEUM, INC. . J chumacher, President ATTEST: jr Su an B. McDonald, Asst. Secretary THIS CERTIFICATE IS ISSUED AS A . MI THIS CERTIFICATE DOES NOT AMEND,' NAME AND ADDRESS OF COMPANIES AFFORDING COVERAGES 1525 Oil & Gas Bldg. ............._.._ _. ___.. �_.._ LETTERNY A United States Fidelity & Guaranty Co. Fort Worth, Texas 76102 In COMPANY LETTER TYPE OF INSURANCE (817) 336-3382 POLICY .EXPIRATION .PATE... COMPANY LETTER B Harbor Insurance Company NAME AND ADDRESS OF INSURED - GENERAL LIABILITY COMPANY /T ( _ BODILY INJURY $ 500 $ XXX LETTER V TEXLAND PETROLEUM CC14PANY 7/1/81 COMPANY p 3402 Fort Worth Natl. Bank Bldg. ® PREMISES—OPERATIONS LETTER Fort Worth, Texas 76102 E 100 $100 EXPLOSION AND COLLAPSE COMPANY LETTER This is to certity that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the of any contract or other document with respect to which .._i....�..... �...� ....nartinne of SL.Ch noliri.±c" DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES City of Lubbock as Additional Insured. Cancellation: Should any of the above described policies be cancelled before the expirati08a'te4he° 6bf, t15d'issuing com- pany will endeavor to mail _11 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind uporilt1p comp t4� it NAME AND ADDRESS OF CERTIFICATE HOLDER:. DATE ISSUED:,` ' City of LubbockP. 0. Box 2000" Lubbock, Texas 79457 AUTHORIZED REPRESENTATIVE ACORD 25 (1-79) ............._.._ _. ___.. �_.._ Limits OLiability In COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY .EXPIRATION .PATE... EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ 500 $ XXX A. COMPREHENSIVE FORM ICC D 22030 7/1/81 ® PREMISES—OPERATIONS PROPERTY DAMAGE E 100 $100 EXPLOSION AND COLLAPSE HAZARD UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE _ PROPERTY DAMAGE $ $ BROAD FORM PROPERTY COMBINED DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY $ 500 AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) S 250 A. FORM ICC D 22030 7�1�81 BODILY INJURY s 500 COMPREHENSIVE (EACH ACCIDENT) PROPERTY DAMAGE OWNED ppyyo� E yiyJj� HIRED BODILY INJURY AND $ �J NON -OWNED PROPERTY DAMAGE COMBINED EXCESS LIABILITY 7/1/81 BODILY INJURY AND s5,000 s 5,000 000 B. � UMBRELLA FORM HI 148108 PROPERTY DAMAGE ❑ OTHER THAN UMBRELLA COMBINED FORM WJ)RKERS' COMPENSATION grATuroRv - A. and 3900-548467 7/1/81 $100 (MH ACCIDENT) EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES City of Lubbock as Additional Insured. Cancellation: Should any of the above described policies be cancelled before the expirati08a'te4he° 6bf, t15d'issuing com- pany will endeavor to mail _11 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind uporilt1p comp t4� it NAME AND ADDRESS OF CERTIFICATE HOLDER:. DATE ISSUED:,` ' City of LubbockP. 0. Box 2000" Lubbock, Texas 79457 AUTHORIZED REPRESENTATIVE ACORD 25 (1-79)