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Home My WebLink AboutResolution - 3549 - Street Use License - AT&T - Underground Communication Cable, E-S Lubbock - 02_28_1991i� Resolution No. 3549 February 28, 1991 Item #16 HW:da 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 Use License Agreement with American Telephone and Telegraph, 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 28th day of February , 1991. B. C�McMIh MAYOR Kanetf a boys, city 5fretary APPROVED AS TO CONTENT: Ed Bucy, Rig t of -Way Agent APPROVED AS TO FORM: ff5-Z-idX!22e* aroWillard, Assistan City Attorney HW:da STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 28th day of February 1991, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and AMERICAN TELEPHONE AND TELEGRAPH, a New York Corporation, 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 portions of dedicated streets for a subsurface fiber optic communications cable, to -wit: TRACT 1 BEGINNING at a point in City of Lubbock Right -of -Way on the North side of East Broadway Street directly East of Zenith Avenue; THENCE continuing West on Broadway Street across Quirt Avenue, across Avenue A to Avenue M; THENCE Northward along the East side of Avenue M to a point in the East-West alley South of Main Street; THENCE West across Avenue M to the East side of the AT&T Building; THENCE South from the alley South of Main Street along the West side of Avenue M in City R.O.W. to a point in the South R.O.W. line of 19th Street; THENCE Westward along the South R.O.W. line to Avenue N; THENCE South along the West R.O.W. line of Avenue N to 23rd Street; THENCE West along the South R.O.W. line of 23rd Street to the West side of Avenue P; THENCE South along the West R.O.W. line of Avenue P to a point in the Northeast R.O.W. line of Avenue Q, point being South of 53rd Street; THENCE Southwestward across Avenue Q to a point in the Southwest R.O.W. line; THENCE Southeastward along the Southwest R.O.W. line of Avenue Q to a point in the West R.O.W. line of Avenue P; THENCE South along the West R.O.W. line of Avenue P to a point 660 feet South of 98th Street. r TRACT 2 Along the South R.O.W. line of 114th Street East of University Avenue for 660-feet and along the East R.O.W. line of University Avenue South of 114th Street for 660-feet (portion being inside of the City limits of Lubbock). Total of 42,546 linear feet for the two tracts. The term of this grant shall be for five (5) years from date hereof, and shall be, by mutual agreement, extended for succes- sive five (5) year terms not to exceed twenty (20) years in any event unless either party shall give written notice of termina- tion to the other party 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 notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at ATTN: Robert Summey, FLOC 21E19, 1200 Peach Tree St., Atlanta, GA 30309, or the last known address of LICENSEE. Upon the 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 take 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. 1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of NINE THOUSAND EIGHT HUNDRED TWENTY-EIGHT AND 13/100 ($9,828.13) 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 and 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 before the start of the five (5) year term to which such change in rate shall apply, and if such notification is not made, then the rate for the preceding five (5) year term shall apply. 2. The LICENSEE agrees to pay all claims or costs of any nature whatsoever 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 occa- sioned by the construction authorized by this license. 4. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. 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 described property, then and in that event said LICENSEE, 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 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 perfor- mance 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 an amount and in a 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 insurance assumed by said contractors 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. CITY shall not be liable to LICENSEE for any damages to LICENSEE's cable licensed hereunder arising out of the construction, reconstruction or maintenance of the CITY's street or any of CITY's utilities in the area occupied by LICENSEE's cable. 6. 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. 7. 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 numbered paragraph four (4). 8. 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 -3- peaceful possession of said property covered herein upon termina- tion or cancellation of this license. CITY OF LUBBOCK �. C. MOMIN , MAYOR ATTEST: - (4e o Boyd, City c tary AGREED TO AND ACCEPTED this 28th day of Fphrnary , 1991. AMERICAN TELEPHONE AND TELEGRAPH BY: J. VOTRAW, RESIDENT ENGINEER APPROVED AS TO CONTENT: u--�i- Ed Bucy, Right- -Way Agent APPROVED AS TO FORM: Harold Willard, Assistant 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 B. C. McMINN, MAYOR, 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 herein stated. GIV,N UNDER MY HAND AND SEAL OF OFFICE this day of 1991. Notary Public, Lubbock County, Texas -4- THE STATE OF OKLAHOMA § COUNTY OF TULSA § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared J.L. VOTRAW, 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 AMERICAN TELEPHONE AND TELEGRAPH. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Scf--� day of 1991. JO.- -,A nA" Notary Public, c3c County, V-exas LS N Q.�