HomeMy WebLinkAboutResolution - 2016-R0345 - Easement Use License Agreement - WWC Texas RSA LLC - 10/13/2016Resolution No.2016-R0345
Item No.6.5
October 13,2016
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 Easement-Use-License
Agreement,by and between the City of Lubbock and WWC Texas RSA LLC d/b/a
Verizon Wireless,and all 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 October 13 .2016.
ATTEST:
>_<L>Sis ^
Rebeica Garza,City Secjret/iry
APPROVED AS TO CONTENT:
Dave Booher,Right-of-Way Agent
APPROVED AS TO FORM:
Chad Weaver, City Attorney
RES.Easement-Use-Lic.Verizon Wireless
7.22.16
DANIEL M.POPE,MAYOR
Licensee Site Name: TXLU—LubbockW
Resolution No. 2016-RO345
EASEMENT USE LICENSE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This indenture made this 13th day of October 20_jL6 , being the date of
this Agreement between the CITY OF LUBBOCI<, TEXAS, a Home Rule Municipal Corporation,
and WWC Texas RSA LLC d/b/a Verizon Wireless, 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 dedicated utility easement
for a cellular antenna pole, to -wit:
METES AND BOUNDS DESCRIPTION of a tract of land located in Lot A, C.C.
Leftwich Subdivision replatted to Carillon Tract A, to the City of Lubbock,
Lubbock County, Texas, and further described as follows:
BEGINNING at a point which is 7.00 feet West and S. 00.26'10", a distance of
60.00 feet from the Northeast comer of Lot A, C.C. Leftwich Subdivision;
THENCE South, a distance of 30.00 feet to a point:
THENCE West, a distance of 12.00 feet to a point;
THENCE North, a distance of 30.00 feet to a point;
THENCE East, a distance of 12.00 feet to the POINT OF BEGINNING.
Such utility easement is also shown on Exhibit A attached hereto and made a part hereof
The term of this grant shall be for five (5) years from January 1, 2016, 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 Attn: Network Real Estate, 180 Washington Valley Road, Bedndnster, NJ 07921,
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
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.
Licensee Site Name: TXLU—LubbockW
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the
sum of FIVE HUNDRED AND NO1100 DOLLARS ($500.00) 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
timely 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 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 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
perfon-nance 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 insurance evidencing
commercial general liability for bodily injury and property damage insurance with limits of $2,000,000
combined single limit each occurrence in a form reasonably satisfactory to the City Attorney for the
CITY OF LUBBOCK. The CITY OF LUBBOCK shall be included as an additional insured as their
interests may appear under this license.
Licensee Site Name: TXLU—LubbockW
7. Prior to any construction as authorized by this license, the LICENSEE shall submit to
the City Engineer plans and specifications for the construction to be done, and the LICENSEE shall
not commence construction until such plans and specifications are approved by the City Engineer.
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.
10. Prior Terminated Agreement. The CITY OF LUBBOCK and LICENSEE agree that
this license replaces the Easement Use License between the CITY OF LUBBOCK and KETS
PARTNERSHIP c/o WESTERN WIRELESS, INC., dated January 25,1996, referenced by LICENSEE
as Contract #NG80190 (the "Terminated Agreement"). The CITY OF LUBBOCK and LICENSEE
acknowledge that notwithstanding the termination of the Terminated Agreement and the
commencement of this license, LICENSEE may continue to make, and the CITY OF LUBBOCK may
continue to receive,, rental and other payments pursuant to the Terminated Agreement. In such event,
any rental or other payments made pursuant to the Terminated Agreement after its termination shall be
applied and credited against any rentals or other payments due under this license.
11. The CITY OF LUBBOCK reserves the right to exercise any right or remedy available to
it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all
forms of relief in a court of competent jurisdiction. Further, the CITY OF LUBBOCK shall not be
subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The
remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the
extent of any conflict between this provision and another provision in, or related to, this document, this
provision shall control.
(Signature Page to Follow)
Licensee Site Name: TXLU LubbockW
Resolution No. 2016-RO345
CITY OF LUBBOCK
BY: 44
DANIEL M. OPE, MAYOR
ATTEST:
Reb cca Garza, City A o y
APPROVED AS TO CONTENT:
L J CSC 1o07�
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
X /I-
�4��
ad Weaver, City Attorney
AGREED TO AND ACCEPTED this OCI day of 20L.
WWC Texas RSA LLC
d/b/a Verizon Wireless
By: Alltel Communications, LLC,
Its Managing Member
By:
Kazi Ahmed
Its: Director — Network Field
Engineering
Licensee Site Name: TXLU LubbockW
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COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared DANIEL M. POPE, 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 as the act and deed of the CITY OF LUBBOCK
and as its MAYOR.
GIVEN UNDER MY HAND AND SEgqALOF OFFICE this �_ day of
"° JENNIFERSDWDERCLEMENTS Notary Pubjfc, Lubbock County, Texas
Notarypublc,StaleolTexas My Comm sionExpires:
'` Notary IDR 1249708&3
+ �, My Cammissbn Egrxas 0�28.2020
THE STATE OF Q \\
COUNTY OF UI %GnT
BEFORE ME, the undersigned authority, a Notary Public, on this day personally
appeared Kazi Ahmed, 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 WWC Texas RSA
LLC d/b/a Verizon Wireless.
UNDER MY HAND AND SEAL OF OFFICE this day of
20-04.
DEBBIE J. WHITE
My Notary ID # 12025382 Nota Public
Expires Jury 5, 2020 My Commission Expires: l a /Q
EULicense-WWC Texas RSA LLC
Licensee Site Name: T%LU_Lubbock W
Exhibit A Exhibit A
Proposed Easement Use License Area
Located in Tract A, Carillon Addition
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