HomeMy WebLinkAboutResolution - 2004-R0402 - Resolution Authorizing Street Use License For Radio Tower Anchor - 08_26_2004Resolution No. 2004-RO402
August 26, 2004
Item No. 17
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 for a
radio tower guy wire anchor, by and between the City of Lubbock and Lubbock Tower
Company, and related documents. Said License 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 26th
ATTEST:
Garza, City
APPROVED AS TO CONTENT:
�.� 6
Ed Bucy, Right -of -Way Agenir
APPROVED AS TO FORM:
Linda Chamales
Senior Attorney/Office Practice
day of August , 2004.
gs/ccdocs/res-St Use Lic-Lubbock Tower Company
July 8, 2004
Resolution No. 2004-RO402
August 26, 2004
Item No. 17
STREET USE LICENSE
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
This License made this 26th day of August 2004, being the date
of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation,
and LUBBOCK TOWER COMPANY, a Texas General Partnership, hereinafter called
`LICENSEE."
WTTNESSETH:
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 dedicated street for radio tower guy
wire anchor described as follows:
LEGAL DESCRIPTION of a tract of land located in Avenue Q in Section 9, Block E,
Lubbock County, Texas as described in Volume 1834, Page 402 of the Deed Records of
Lubbock County, Texas, said tract of land described by metes and bounds as follows:
BEGINNING at an "X" marked in the concrete in the South line of a 5.50 acre tract comer
of land described in Volume 1307, Page 49 of said Deed Records and the Northeast comer
of a 20.20 acre of land described in Volume 3592, Page 62 of the Real Property Records of
Lubbock County, Texas and the Northwest corner of said Avenue Q for the Northwest
comer of this tract of land;
THENCE N. 89' 57' E along the South boundary line of said 5.50 acre tract and the North
boundary line of said Avenue Q a distance of 10.00 feet to a point for the Northeast corner
of this tract of land;
THENCE South a distance of 10.00 feet to a point for the Southeast comer of this tract of
land;
THENCE S 89*57' W a distance of 10.00 feet to a point in the East boundary line of said
20.20 acre tract and the West right-of-way line of said Avenue Q for the Southwest comer
of this tract of land;
THENCE North along said right-of-way line distance of 10.00 feet to the POINT OF
BEGINNING.
The term of this License shall be for five (5) years from date hereof, and shall be automatically
extended for a successive five (5) year term not to exceed twenty (20) years in any event unless either
party shall give written notice of termination to the other party sixty (60) days 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 4413 82°d Street, Suite 300, Lubbock, Texas, 79424, 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. In the event LICENSEE fails
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. 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 C= 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 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 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 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.
6. LICENSEE agrees and is required to furnish a certificate 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 an additional 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 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 four (4).
By:
ATTEST:
Rebedca..Garza, City99e�,cr�etaryy
APPROVED AS TO CONTENT:
Ed Bucy, Right-of-Wa Agent
APPROVED AS TO FORM:
Linda Chamales, Senior Attorney/Office Practice
AGREED TO AND ACCEPTED this //rc day of aa��e , 2004.
LUBBOCK TOWER COMPANY, a Texas General
Partnership BY:
TITLE: _
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 Marc McDougal, 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.
TVEN UNDER MY HAND AND
2004.
CELIA WEBB
try PW*. sw of r x1l.
s, �YE�
THE STATE OF TEXAS §
COUNTY OF LU13BOCK
SEAL OF OnFFICE this day of
Not�blic in and for the State of Texas
My Commission Expires: 03-01-,200.6
BEFORE ME, the undersigned authority, a N Public in and for said County and State, on
this day personally appeared S-Aj S , known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she
executed the same for the purposes and consideration therein expressed and as an act and deed of said
Lubbock Tower Company.
Resolution No. 2004-R0402
August 26, 2004
Item No. 17
STREET USE LICENSE
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
This License made this 26th day of August , 2004, being the date
of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation,
and LUBBOCK TOWER COMPANY, a Texas General Partnership, 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 dedicated street for radio tower guy
wire anchor described as follows:
LEGAL DESCRIPTION of a tract of land located in Avenue Q in Section 9, Block E,
Lubbock County, Texas as described in Volume 1834, Page 402 of the Deed Records of
Lubbock County, Texas, said tract of land described by metes and bounds as follows:
BEGINNING at an "X" marked in the concrete in the South line of a 5.50 acre tract corner
of land described in Volume 1307, Page 49 of said Deed Records and the Northeast corner
of a 20.20 acre of land described in Volume 3592, Page 62 of the Real Property Records of
Lubbock County, Texas and the Northwest comer of said Avenue Q for the Northwest
corner of this tract of land;
THENCE N. 89' 57' E along the South boundary line of said 5.50 acre tract and the North
boundary line of said Avenue Q a distance of 10.00 feet to a point for the Northeast comer
of this tract of land;
THENCE South a distance of 10.00 feet to a point for the Southeast comer of this tract of
land;
THENCE S 89*57' W a distance of 10.00 feet to a point in the East boundary line of said
20.20 acre tract and the West right-of-way line of said Avenue Q for the Southwest corner
of this tract of land;
THENCE North along said right-of-way line distance of 10.00 feet to the POINT OF
BEGINNING.
The term of this License shall be for five (5) years from date hereof, and shall be automatically
extended for a successive five (5) year term not to exceed twenty (20) years in any event unless either
party shall give written notice of termination to the other party sixty (60) days 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 4413 82"d Street, Suite 300, Lubbock, Texas, 79424, 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. 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 TWO HUNDRED FIFTY AND 00/100 DOLLARS ($250.00) 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. 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 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 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 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.
6. LICENSEE agrees and is required to furnish a certificate 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 an additional 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 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 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 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.
STREET USE LICENSE
LUBBOCK TOWER COMPANY
By:
ATTEST:
0 .&--�c 4 e
R:e-becba Gana, City Secretary`c
APPROVED AS TO CONTENT:
Ed Bucy, Right-of-Wa Agent
APPROVED AS TO FORM:
Linda Chamales, Senior Attorney/Office Practice
AGREED TO AND ACCEPTED this /�r� day of a,- , 2004.
LUBBOCK TOWER COMPANY, a Texas General
Partnership
TITLE:
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 Marc McDougal, 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.
GVEN UNDER MY HAND AND SE
lye , 2004.
CELIA WEBB
Nollar•. Myy PCB Eon
03-01-2W6
THE STATE OF TEXAS §
COUNTY OF LUBBOCK
AL OF OFFICE this Zoo day of
NotaryFublic in and for the State of Texas
My Commission Expires: 03-6/-)ZOfo
BEFORE ME, the undersigned authority, a Np$ary Public in and for said County and State, on
this day personally appeared Sa --f .4AS"'AJ S , known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she
executed the same for the purposes and consideration therein expressed and as an act and deed of said
Lubbock Tower Company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this // day of
2004.
Notary Public in and for the State of Texas
My Commission Expires:
cI G Qg I e 8 te7Us ic—Lubbock Tower Co.
•' ,YCommission Expires
' a 12-16-2006 STREET USE LICENSE
LUBBOCK TOWER COMPANY