HomeMy WebLinkAboutResolution - 4943 - Street Use Licnese-SBT Company-Building Encroachment Of Street Right Of Way - 09_14_1995Resolution No. 4943
September 14, 1995
Item #15
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 favor of Southwestern
Bell Telephone Company for a building encroachment on portions of street right-of-way,
attached hereto, 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.
APPROVED AS TO CONTENT:
ucy, Right-of-7hy Agent
APPROVED AS TO FORM:
A N&aa
Hartsell, Assistant City Attorney
JH:js/SWBT.RES
ccdocs/June 28, 1995
Resolution No. 4943
September 14, 1995
Item #15
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This indenture made this day of _, 1995, being the date of
this Agreement between the CITY OF LUBBOCK, XEXAS, a Home Rule Municipal
Corporation, and SOUTHWESTERN BELL TELEPHONE COMPANY, 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 an overhang on second floor line into street of approximately
three (3) feet, projection of footing beyond property line of LICENSEE below basement floor,
and projection of basement beyond property line of LICENSEE and below the sidewalk at
certain points along Avenue N and Broadway in connection with the existing building
LICENSEE constructed on Lots 1 through 10, Block 115, Original Town to the City of
Lubbock, Lubbock County, Texas, said encroachments being located within the following
described portions of dedicated public street and/or public ways, to -wit:
BEGINNING at a point which bears East a distance of 19.998 feet from the
Southeast corner of Lot 10, Block 115, Original Town to the City of Lubbock,
Lubbock County, Texas;
THENCE South, a distance of 5.834 feet;
THENCE West, a distance of 150.833 feet;
THENCE North, a distance of 43.750 feet;
THENCE West, a distance of 6.333 feet;
THENCE North, a distance of 28.667 feet;
THENCE East, a distance of 6.333 feet;
THENCE North, a distance of 40.00 feet;
-THENCE West, a distance of 6.333 feet;
THENCE North, a distance of 63.948 feet;
THENCE East, a distance of 6.333 feet;
THENCE North, a distance of 43.468 feet;
THENCE East, a distance of 5.834 feet;
THENCE South, a distance of 214.00 feet;
THENCE East, a distance of 145.00 feet to the PLACE OF BEGINNING.
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 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 4119 Broadway, Room G60J, San
Antonio, Texas 78209 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 this 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. However,
upon mutual consent of the CITY OF LUBBOCK and LICENSEE, the improvements will be left
in place rather than removed after expiration, cancellation or abandonment of this license. 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 FOUR THOUSAND SEVENTY-TWO AND NO/100 DOLLARS ($4,072.00) 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 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
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 costs arising out of the exercise of this license
herein granted including, but not limited to, the cost of cleanup of any oil, hazardous substance,
or other material, the replacement and repair of paving, sidewalks and utilities of any nature
damaged as a result of the construction authorized by the license.
3. In the event the CITY OF LUBBOCK determines that the license herein granted
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 in relocating or rerouting over and above the expense which
would have been incurred except for LICENSEE'S use herein.
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 this license 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 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 contractors. The
CITY OF LUBBOCK may further require any of said contractors, when engaged in the
construction, repair or maintenance permitted herein, to famish, 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.
6. LICENSEE agrees and is required to furnish a policy of public liability and
property damage ;:-=nce "-;thin limits specified by :nd in a form satisfactory to the City
Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the
rNV ** insured, said policy covering the uses herein ranted. Southwestern Sell may satisfy these
requirements with the program of Self -Insurance - (See Attached Exhibit)
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 or 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 five (5).
Notwithstanding this Provision the Licensee could without permission of the
City assign the agreement to its Parent or Affliate.
STREET USE LICENSE
SOUTHWESTERN BELL TELEPHONE CO. --- PAGE 2
b
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 psion of said property herein
upon termination or cancellation of this licens .
ATTEST:
Betty M. J hnson ity Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
4k-- '!
eff Hartsell, Assistant City Attorney
AGREED TO AND ACCEPTED this
Sol
'moved As To Form
1 LAO Dept
1 San A Tea
oTney
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 DAVID R. LANGSTON, 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 the CITY OF LUBBOCK and as MAYOR.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this .49 /.a./' day of
S.e� , 1995.
- -_
Nory Public in and for the State 6fTexas
My Commission Expires:
STREET USE LICENSE
SOUTHWESTERN BELL TELEPHONE CO. --- PAGE 3
• r, -
THE STATE OF TEXAS
COUNTY OF �yk5
BEFORE ME, the undersigned autprity, a Notary P bl' and for said County, Texas,
on this day personally appeared `J. ��(y r1C ��tti2t--
known to me to be the person whose name is subscribed to thd 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 SOUTHWESTERN BELL
TELEPHONE COMPANY.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 94, day of
1995.
JH:js/SUL-SWBT.DOC
CityAtUJune 29, 1995
J. ' LJAR N
rn C(*MSSWN EXPIRES
March 23, I=
o in and for the State of Texas
My Commission Expires:
STREET USE LICENSE
SOUTHWESTERN BELL TELEPHONE CO. ---- PAGE 4
Julie H. Long
SBC Communications Inc.
Director -
175 E. Houston Street
Risk Management
Room 7-11-5
San Antonio, Texas 78205
Phone 210 35t-3821
Fax 210 351-3844
August 4, 1995
Mr. Ed Bucy
City of Lubbock
P.O. Box 2000
Lubock, Texas 79457
Dear Mr. Bucy:
This letter is in response to your request for a Certificate of Insurance.
With respect to claims arising out of third party liabilities for all forms of legal liability
for personal injury and property damage to others, Southwestern Bell Telephone
Company (SWBT) is self -insured up to a retention level of $25,000,000. This includes
general public liability, auto liability, employer liability, workers' compensation liability,
and professional (Attorneys, Accountants, Actuaries, Doctors, Nurses, Emergency
Medical Technicians, Engineers, and Architects) liabilities.
With respect to auto liability, Southwestern Bell Telephone Company has been approved
by the Texas Department of Public Safety and has been assigned Self Insurer #SI-9.
With respect to workers' compensation, Southwestern Bell Telephone Company has been
approved by the Texas Workers' Compensation Commission, Division of Self -Insurance
Regulation, and has been assigned Self- Insurer #CSI 93-0030.
We are, however, fully prepared to meet all our legal liabilities in connection with our
agreements. Above this retention level, we maintain an excess umbrella liability
insurance policy.
Southwestern Bell Telephone Company is also self -insured with respect to property
coverage up to $25,000,000. Above this retention level, Southwestern Bell Telephone
Company has a comprehensive all-risk protection, including earthquake and flood, for all
property owned, leased, or under its care, custody and control. Loss settlement is based
upon replacement cost.
Please call me on 210-351-3821 with any questions you may have.
cerely,
7
EXHIBIT A