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Home My WebLink AboutResolution - 2008-R0439 - Street Use License For An Underground Pipeline - Arcadis, U.S. Inc. - 11_20_2008Resolution No. 2008—RO439 November 20, 2008 Item No. 5.10 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, an Agreement for a Street Use License for an underground pipeline, by and between the City of Lubbock and Arcadis, U.S., Inc., 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 this 20tb day of November , 2008. TOM MARTIN, MAYOR ATTEST: a Garza, City Secretary APPROVED AS TO CONTENT: 4 1t 11f'G-1VZL Dave Booher, Right -of -Way Agent APPRO D AS TO FORM: Chad Weaver, Assistant City Attorney gs/ccdocs/StUseLic-Arcadis 8.4.08 Resolution No. 2008-RO439 STREET USE LICENSE THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK This License made this 20th day of November , 2008, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and ARCADIS, U.S., INC., 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 a street right- of-way for an underground pipeline as described in Exhibit "A." The term of this License 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 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 1717 W. 6te Street, Suite 210, Austin, TX 78703. 1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of FOUR HUNDRED EIGHTY-EIGHT AND 00l100 DOLLARS ($488.00) 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 ninety (90) days 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. If the City in constructing its sewers, streets, utilities or other public works should require any of the Licensee's facilities or equipment located in public right-of-way to be shifted or relocated, such facilities or equipment shall be timely shifted or relocated by the LICENSEE at its own expense as and when required by the City. 4. 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. 5. This License is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. 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 time 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 and suits at law or inequity of whatsoever kind or nature which may grow out of or be related to the making of this License or the construction or maintenance 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 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. 7. 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. 8. 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). 9. 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. No interest for real property is conveyed or granted by this License. ATTEST: Rebe a Garza, City Secretary APPROVED AS TO CONTENT: Dave Boo her, Right -of -Way Agent APP OV A O FORM: C d Weaver, Assistant City Attorney CITY OF LUBBOCK By: �w��i�' TOM MARTIN, MAYOR STREET USE LICENSE ARCADIS AGREED TO AND ACCEPTED this �_ day of OcToAoz_ 12008, ARCADIS Title: G_Nc,iNeVR 0 THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Tom Martin, Mayor of the City of Lubbock, 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. s� of ALGIVFN ER MY HAND AND SEAL OF OFFICE this p{ 5 day 6 yes FYI btr , 2008. ELISA ANCHQ Notary ISA Sic, State of Texas Notary Public in and for the S . of Texas r MyCarreasswiEVims11.07.2011 My Commission Expires: / l- a'7-�i (( _ THE STATE OF TEXAS § COUNTY Or:CrA-v- § BEFORE ME, the undersigned authority, a Not Public in and for said County and State, on this day personally appeared V t fi 0a I.,erS , 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 as act and deed of said Arcadis. UNDER MY HAND AND SEAL OF OFFICE this �Q day gxbz�(Z- of 12008. Notary Public in for the State of Texas �� J. own IX N My Commission Expires: 4f 1 f -2 10 Is Mly Conwnlalon lnprM ApM 11, me gs/Cityatt/Georgia/Licenses/Street Use Lic-Arcadis 8/4/2008 STREET USE LICENSE ARCADIS Resolution No. 2008-RO439 EXHIBIT "A" The northeast corner of the Stauffer Management Company property is located at the coordinates of 7291325.19N and 932104.95E using the Texas Coordinate System of 1983, north -Central zone. This point is defined below as point #1, and from there the proposed easement is defined as follows: Point #1: Coordinates 7291325.19N and 932104.95E Point #2: 56 feet east of Point #l; Point #3: Approximately 950 feet north of Point #2 to city limit boundary; Point #4: 6 feet east of Point #3; Point #5: Approximately 956 feet south of Point #4; Point #6: 62 feet west of Point #5 to SMC property boundary Point #7: 6 feet north to Point #1