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HomeMy WebLinkAboutResolution - 2008-R0411 - License Agreement - 10_23_2008Resolution No. 2008—R0411 October 23, 2008 Item No. 5.13 RESOLUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Manager, Deputy City Manager or Director of Water Utilities, or any of such parties' ;nee (the "Authorized Signatory"), to execute and deliver for and on behalf of the of Lubbock for all purposes and intents those certain License Agreements, in the as attached hereto as Exhibit "A" (the "Permits"), incorporated herein for all :cts and purposes and included in the minutes of the Council. IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the uthorized Signatory to agree to special or specific provisions for and on behalf of the ity of Lubbock, to those certain Permits, as such Authorized Signatory shall consider ich special or specific provision necessary or advisable, and so long as said special or )ecific provisions do not (i) cause an increase in the cost to the City of Lubbock, in any rcumstance, an amount in excess of $5,000.00; and/or (ii) provide indemnity by the City -eater than that provided in the Prior Resolution. by the City Council this 23rd day of October 2008. TOM MARTIN, MAYOR TTEST: ;D AS TO CONTENT: om Aaams, ►eputy City Manager/Water Utilities Director APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney RC: LicenseAgreement. res.101308 Resolution No. 2008-RO411 Exhibit A LICENSE AGREEMENT (Survey of Right -of -Way) STATE OF TEXAS § COUNTY OF § DATE: October , 2008 OWNER: OWNER'S MAILING ADDRESS: LICENSEE: CITY OF LUBBOCK LICENSEE'S 1625 13T" Street MAILING ADDRESS: Lubbock, Texas 79401 PROPERTY: [insert property description] FOR ADEQUATE CONSIDERATION, including the covenants and representations of Licensee expressed herein, the receipt and sufficiency of which is hereby acknowledged, Owner hereby grants to Licensee permission and a license to enter upon the Property for the sole purpose of surveying a proposed route for a water pipeline to be used for the transportation and delivery of water out of Lake Alan Henry to the City of Lubbock, including permission to (i) place stakes, (ii) conduct geotechnical soil borings, and (iii) conduct environmental, archaeological, engineering, and appraisal studies related to and reasonably necessary for same ("permitted activities"). Terms and Conditions (1) Licensee shall notify Owner no less than forty-eight (48) hours prior to Licensee entering upon the Property to perform any survey work or to conduct any of the permitted activities. (2) Licensee shall at all times confine its activities to that portion of the Property reasonably necessary to survey the pipeline route and to conduct the permitted activities ("permitted area"). At no time shall Licensee venture outside of the permitted area for any purpose, without first securing the written consent of Owner. (3) No vehicular traffic shall be permitted on any cultivated portion of the Property at any time while there is a crop in the field or after the field has been prepared for planting, without first securing the written consent of Owner. (4) No survey stakes or markers shall be placed on the Property without first consulting with Owner as to the location of same. Any survey stakes or markers that may be placed on the Property shall be located in such a manner as to not damage or interfere with any irrigation system or the agricultural practices of Owner, or Owner's tenant. (5) No soil boring operations shall be conducted any time while there is a crop in the field or after the field has been prepared for planting, without first obtaining the written consent of Owner. All soil boring shall be located and conducted in such a manner as to not damage or interfere with any irrigation system or the agricultural practices of Owner, or Owner's tenant. The location of any soil boring activities shall be approved by the Owner, such approval not to be unreasonably withheld, and the Owner shall have the right to accompany the Licensee during any such soil boring activities. All bore holes shall be filled and compacted so that the Property is returned to the condition that existed prior to boring. (6) There shall be no blading of the surface of the Property without first obtaining the written consent of Owner. (7) Licensee shall, as soon as reasonably practicable, but in no event later than forty-five (45) days after notice to Licensee of the subject damage, pay Owner, and/or Owner's tenant, for any and all damage to crops (as reasonably estimated by the parties) and to fences, equipment, irrigation systems, or other improvements (as evidenced by third party invoice) occasioned by Licensee's entry upon the Property and/or the conduct of permitted activities thereon. (8) No artifacts or other archeological items shall be removed from the Property. (9) All permitted activities from and after March 1, 2009, shall be limited to those areas of the Property that are not then under cultivation. Termination and Exairation This license, and the rights and privileges granted to Licensee, is expressly conditioned upon Licensee's compliance with the above stated Terms and Conditions, the breach of any one of which shall result in the immediate termination of this license at the election of Owner by giving notice of such termination to Licensee. This license shall automatically expire, without the necessity of any action by Owner, on the earlier of (i) the completion of the survey by Licensee, or (ii) July 15, 2009. INDEMNITY TO THE EXTENT PERMITTED BY LAW, LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND OWNER, INCLUDING OWNER'S TENANTS, AGENTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY, RESPONSIBILITY, LOSSES, COST, FEES AND EXPENSES (INCLUDING ATTORNEYS'S FEES AND EXPENSES) FOR INJURY TO (INCLUDING DEATH OF) PERSONS OR DAMAGE TO PROPERTY OF OWNER, OR THIRD PERSONS, OF ANY KIND TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH LICESNSEE'S OPERATIONS OR ACTIVITIES UNDER THIS AGREEMENT. General Provisions As used in this instrument, "Licensee" shall include Licensee's contractors, subcontractors, as well as all employees, servants, agents and representatives of same. The rights and privileges granted herein are personal to the Licensee. This license is not assignable and any attempt to assign this license will result in the termination of same. Where the Property is subject to a lease agreement, any permitted activity required to be approved by Owner may be approved by either the Owner or the Owner's Tenant, and Licensee shall be entitled to rely on such approval. This license shall be construed in accordance with the laws of the State of Texas, and all covenants and obligations of the parties hereto shall be deemed to be performable in County, Texas. This license and all rights, privileges, duties, and obligations hereunder shall inure to the benefit of and be binding upon the respective parties hereto, their heirs, legal representatives, successors, and assigns. OWNER: LICENSEE: CITY OF LUBBOCK BY: TITLE: {TENANT'S CONSENT} The undersigned, being the person or entity in actual possession of the herein described premises pursuant to an agricultural lease, hereby consents to and approves adopts the terms and covenants to this License Agreement. rc:UcenseAgreement.fiinal