HomeMy WebLinkAboutResolution - 3129 - Street Use License Agreement - West Texas Microwave - Underground Cable - 06_22_1989Resolution # 3129
June 22, 1989
Item #17
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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 Agreement with West Texas Microwave, attached herewith, 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.
Passed by the City Council this 22nd day of June , 1989.
C. McMIIqN,,Ol MAYOR
ATTEST:
, City Secretapy
APPROVED AS TO CONTENT:
C�
Ed Bucy, Right-of-W y Agent
APPROVED AS TO FORM:
aarold Willard, Assistant City
Attorney
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STREET USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this 22ncQ day of 3,,,-- , 1989,
being the date of this Agreement between the CITY OF LUBBOCK,
TEXAS, a Home Rule Municipal Corporation, and WEST TEXAS
MICROWAVE, a Texas Corporation, 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 streets for
subsurface fiber optic communication cable, to -wit:
BEGINNING at a point in City of Lubbock Right -of -Way on
the East side of Ash Avenue and the North side of Loop
289;
THENCE continuing North on Ash Ave. in City R.O.W.;
THENCE crossing Ash Ave. to the East;
THENCE continuing North on Ash Ave. in City R.O.W. to
U.S. 84 (Slaton Highway);
THENCE crossing U.S. 84 and rejoining Ash Ave. R.O.W.
North of U.S. 84 on the East side;
THENCE continuing North on Ash Ave. to 58th St. (not
constructed), and more completely described and shown
on attached Exhibit "A."
The term of this grant shall be for five (5) years from date
hereof, and shall be, by mutual agreement, 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 3307 Northland Drive, Suite 500, Austin, Texas 78731, 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 the 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 not 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 FIVE HUNDRED TWENTY-TWO
AND N0/100 ($522.00) DOLLARS 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 and 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 claims or costs of any
nature whatsoever arising out of the exercise of this license
herein granted, including but not limited to the replacement and
repairing of paving, sidewalks and utilities of any nature
occasioned by the construction authorized by the license.
3. In the event the CITY OF LUBBOCK determines that the
existence of such use interferes with or causes the relocation,
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, rerouting or
realigning in addition to any other sums which this License
requires LICENSEE to pay.
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 the license herein
granted 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 maintenance and 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. CITY shall
not be liable to LICENSEE for any damages to LICENSEE's cable
licensed hereunder arising out of the construction,
reconstruction or maintenance of the CITY's street or any of
CITY's utilities in the area occupied by LICENSEE's cable.
6. 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.
-2-
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 and 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).
S. 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.
CITY OF LUBBOCK
C . MCMI NN , MAYOR
TE
Ranet a Boyd, City Secr ary
AGREED TO AND ACCEPTED this �'� day
WEST TEXAS
BY:
.G. B
APPROVED AS TO CONTENT:
g�'e c>�'�=
Ed Bucy, Right of -Way Agent
APPROVED AS TO FORM:
Z�
I rold VFillard, Assistant City
Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
1989.
BEFORE ME, the undersigned authority, a Notary Public in and
for said County, Texas, on this day personally appeared B. C.
�'McMINN, MAYOR, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me
that he executed the same as the act and deed of the CITY OF
LUBBOCK and as MAYOR, for the purposes and consideration therein
.expressed and in the capacity herein stated.
VEN UNDER MY HAND AND SEAL OF OFFICE this ° day of
1989.
Notary Public, Lubbock County,
Texas
' MY COMMISSION EXPIRES
NOVEMBER 30, 1989
OLIVIA R, SOLIS
-3-
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
BEFORE ME, the undersigned authority, a Notary Public in and
for said County, Texas, on this day personally appeared G. M.
BATSCHE, 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 WEST TEXAS
MICROWAVE.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this (0 "" day of
1989.
Notary Public, Travis County,
Texas
���u,''44•
Notary Public
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ABBREVIATED LEGEND
BT - BURIED TELEPHONE
FOC - PROPOSED FIBER OPJIC CABLE
LPL - LUBBOCK POWER 8 LIGHT
P - POWER AERIAL
SPS - SOUTHWESTERN PUBLIC SERVICE
SWBT - SOUTHWESTERN BELL TELEPHONE
WL - WATER LINE
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