HomeMy WebLinkAboutResolution - 2021-R0059 - Temporary License Agreement with Atmos Energy 2.23.2021Resolution No. 2021-R0059
Item No. 7.8
February 23, 2021
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock a Temporary License Agreement by and between the
City of Lubbock and Atmos Energy Corporation, a Texas and Virginia corporation, and related
documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on February 23, 2021
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E;7nq'&LY OR
ATTEST:
"P olyu� /?,
ebe ca Garza, City Seci to
APPROVED AS TO CONTENT:
Jes' eVachern, Assistant City Manager
APPROVED AS TO FORM:
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Am r ' s, Deputy &t71<0mcy
DocuSign Envelope ID: 92D5D7DF-BFE3-4C26-935E-06F433564388
Resolution No. 2021-R0059
TEMPORARY LICENSE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS TEMPORARY LICENSE AGREEMENT (this "Agreement") is made and entered into
as of the 23d day of February, 2021, by and between the City of Lubbock, Texas ("The Ci ") and
Atmos Energy Corporation, a Texas and Virginia corporation ("Atmos Energy").
NOW, for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and
valuable consideration, The City and Atmos Energy agree as follows:
1. Grant of License. The City does hereby grant unto Atmos Energy and its contractors
and subcontractors a temporary license (the "License") to enter and inspect the City's sanitary and
stormwater sewer pipelines and related appurtenances (the "City Sewer Lines") for the purpose of
investigating whether one of more of Atmos Energy's natural gas pipelines are in conflict with one
or more of the City Sewer Lines (collectively, the "Inspection Activities").
2. Duration. The License shall be for a term of one year from the date of execution of
the Agreement. The term of this Agreement may be extended by written modification executed by
both the City and Atmos Energy.
3. Obligation to Restore. Atmos Energy shall be responsible for any damage it causes
(or is caused by its contractors or subcontractors) in performing the Inspection Activities. This shall
include damage caused to the City Sewer Lines as well as any damage caused to Yd parties.
4. No Representations. Atmos Energy shall conduct the Inspection Activities for its own
purposes and makes no representations or warranties about the results thereof. Any information
provided to the City in this regard shall be on an as -is basis without any representations as to the
accuracy or completeness of such information.
5. No Liens. Atmos Energy shall not allow any liens to attach to the City's property
arising out of any work performed, materials furnished, or obligations incurred by Atmos Energy in
performing the Inspection Activities.
6. Insurance. Atmos Energy shall maintain the insurance coverages as required by the
existing franchise agreement between the City and Atmos Energy.
7. Indemnity. Atmos Energy agrees to defend, indemnify and hold harmless the City,
and its respective officers, employees, elected officials, and agents from and against any and all
Temporary License Agreement — Page 1
DocuSign Envelope ID: 92D5D7DF-BFE3-4C26-935E-06F433564388
claims, demands, causes of action, loss, damage, liabilities, costs, and expenses (collectively, the
"Claims") (including attorney's fees and court costs) for personal injury (including death), property
damage or other harm for which recovery of damages is sought or suffered by any person or persons,
caused by the negligent actions or omissions of Atmos Energy (or its contractors or subcontractors),
when such actions or omissions relate to the Inspection Activities.
8. Miscellaneous.
(a) This Agreement constitutes the entire agreement between the City and Atmos
Energy with respect to the subject matter hereof and supersedes all prior
agreements and understandings, oral and written, between the City and
Atmos Energy with respect to the subject matter hereof. This Agreement may
only be amended by a written agreement executed by both parties.
(b) The parties to this Agreement are not partners or joint venturers with each
other and nothing herein shall be construed to make them partners or joint
venturers or impose any liability as such on either of them.
(c) This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and
the same instrument.
(d) Each of the parties will reasonably cooperate with the other to promptly take
all actions necessary, proper or advisable to carry out the purposes of this
Agreement.
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Temporary License Agreement — Page 2
DocuSign Envelope ID: 92D5D7DF-BFE3-4C26-935E-96F433564388
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first written above.
CITY OF LUBBOCK
ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Am . Sims Dep6tv City Attome
ATMOS ENERGY
ATMOS ENERGY CORPORATION
IL
ed by: y
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B.�E�eE_.
Printed Name Dustin McKnight
Title VP of Technical Services
Temporary License Agreement — Signature Page
DocuSign Envelope ID: 92D5D7DF-BFE3-4C26-935E-06F433564388
Temporary License Agreement — Signature Page