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HomeMy WebLinkAboutResolution - 6131 - Street Use License- Buckner Children And Family Services Inc.- Underground Cable - 12/16/1998Resolution No. 6131 Item No. 16 December 16, 1998 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 an on behalf of the City of Lubbock a Street Use License with associated documents for and on behalf of the City of Lubbock with Buckner Children and Family Services, Inc., for an underground communication cable. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 16th day of December , 1998. -I- "lu LWL Kiythlebarnell, City Secretary APPROVED AS TO CONTENT: t : - - 6 t! �' Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Amy Sims ssi ant City Attorney gs:/ccdocsBuckner Children & Family Srvs.doc November 27, 1998 Resolution No. 6131 Item No. 16 December 16, 1998 STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 16th day of December , 1998, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and, BUCKNER CHILDREN AND FAMILY SERVICES, INC., Lubbock County, Texas, 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 street, for a communications cable, to -wit: BEGINNING at a point which is 144.00 feet South of the Northeast corner of Lot 1, Block 7, Buckner Addition to the City of Lubbock, Lubbock County, Texas; THENCE North 1.00 foot to a point; THENCE East 56.00 feet across Brentwood Avenue to a point; THENCE South 1.00 foot to a point; THENCE West 56.00 feet across Brentwood Avenue to the POINT OF BEGINNING. The term of this grant 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 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 600 N. Pearl St., Suite 1900, Dallas, Texas 75201-2812, 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. Since LICENSEE is the dedicator of the street herein concerned, no charge for the use of said street is made by the CITY OF LUBBOCK in connection herewith. 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 writ- ten 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 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 policy of public liability and prop- erty 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. 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). 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. CITY OAF B Y S OVO IC A T: 7 44. LIU Kaythie ell, City Secretary- reasurer AGREED TO AND ACCEPTED this 16th day of December . 1998. BUCKNER CHILDREN AND FAMILY SERVICES, INC. BY: NAME: H. Allen Jordan TITLE: Sr. Vice Presiddnt & CFO APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agiffit APPROVED AS TO FORM: Amy Si , ssis ity Attorney STREET USE LICENSE BUCKNER CHILDREN AND FAMILY SERVICES, INC. THE STATE OF TEXAS & COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared WINDY SITTON, 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 she executed the same for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1998. axy4za - &ZL Notary Public, Lubbock County, Texas THE STATE OF TEXAS § s----� ANDREA BELL COUNTY Or—D L—L § _ � = Notary Public, State of Texas N� �,: My Commission Expires 06.25-01 BEFORE ME, the undersigned authority, a ubJ;end- for -said' County and State, on this day personally appeared i -a-. A I_LL ►k-5o��a�J , 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 stated and as the act and deed of said BUCKNER CHILDREN AND FAMILY SERVICES, INC. GIVEN UNDER MY HAND AND SEAL OF OFFICE this a rJp day of a`C-E M a. IF— .1998. Notary Public,—x->s County, Texas 4,,PY P4A r° if, ROBIN RA11LINS • • Notary Public, State of Texas gs/sul-Buckner Children and Family Srvs.doc *r� OF 4 My Comm. Expires 4.23.99 D5.4/November 27, 1998 STREET USE LICENSE BUCKNER CHILDREN AND FAMILY SERVICES, INC.