HomeMy WebLinkAboutResolution - 2017-R0108 - Street Use License Agreement With ACC OP LLC - 03/23/2017Resolution No.2017-R0108
Item No.6.4
March 23,2017
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, a StreetUse License Agreement by and betweenthe City of
Lubbock and ACC OP LLC, 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 on March 23.2017 .
DANIEL M.POPE,MAYOR
ATTEST:
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Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
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Dave Booher,Right-Of-Way Agent
APPROVED AS TO FORM:
R^an Brooke,A^sista^t City Attorney
ccdocs/RES.Street Use License Agreement-ACC OP LLC
3-6-17
Resolution No. 2017-RO 108
STREET USE LICENSE
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
This License made this 1 day of �� a�� , being the
date of this License between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal
Corporation, and ACC OP LLC, 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
street (the "Property") as described in attached 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 12700 Hill Country
Blvd., Suite T-200, Austin, TX, 78738, or the last known address of LICENSEE, as provided to
the City Manager of the CITY OF LUBBOCK by 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. Upon the expiration or cancellation and revocation of this License
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant
the sum of FIVE HUNDRED AND NO/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 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 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.
STREET USE LICENSE
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.
9. 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
week 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.
ATTEST:
ca
APPROVED AS. TO
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
4Ryanooke, Assistant City Attorney
CITY OF LUBBOCK
By:
DANIEL M. POPE, MAYOR
STREET USE LICENSE
AGREED TO AND ACCEPTED this IST day of M N YL , 201 I
License: ACC OP LLC
By: —===�Zza Z�
Print: Jonathan A Graf
Vice President
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 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 for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this pL') �,C, day of
1 11 ,)4'
2pSPpr Pue4o JENNIFER SOWDER CLEW
ENTS '
Notary Pubk, Slate of Texas Notary u lic in and forte tote of Texas
* s' "Wary IN 12497068 3
My Commission Expires *28-2020
OF My Commission Expires: 2�
STREET USE LICENSE
THE STATE OF TO,S
COUNTY OF ����► K�
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared , W KI R M-11 (0"p , 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 ACC OP LLC.
f 5�
GIVEN UN ER MY HAND AND SEAL OF OFFICE this 1 day of
4W'0UU �-�
�n ,11.
tary Public in and for t State of 'TQ M G,,\
Ryan Brooke-Licenses/Street Use Lic-ACC OP LLC
2.7.17
My Commission Expires:
LAUREN A. BAYLESS
,•` 1tY vy 'i.
Notary Public. State of Texas
Comm. Expires 02-23-2020
Notary ID 128893615
STREET USE LICENSE
Nv
LAND SURVEYORS
CIVIL ENGINEERS
HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N / LUBBOCK, TEXAS 79401 / 806-763-5642 / FAX 806-763-3891
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
EXHIBIT
It H
METES AND BOUNDS DESCRIPTION of a 0.0151 acre tract of land located in the right-of-way of Mac Davis Lane
dedicated in that certain document recorded in Volume 18, Page 610 of the Deed Records of Lubbock County, Texas
and by plats recorded under County Clerk File Number 2013048730 and County Clerk File Number 2012021618 of
the Official Public Record of Lubbock County, Texas, being further described as follows:
BEGINNING at an 80d nail set in the Southern boundary of Tract 33, Overton Park Addition, to the City of Lubbock,
' Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under County Clerk File
Number 2013048730 of the Official Public Records of Lubbock County, Texas, for the Northwest corner of this tract
which bears N. 89053'27" E. a distance of 84.00 feet from an 80d nail set for the most Southerly Southwest corner of
said Tract 33;
THENCE N. 89053'27" E., along the Southern boundary of said Tract 33, a distance of 10.01 feet to an 80d nail set for
the Northeast corner of this tract from whence an 80d nail set for the most Southerly Southeast corner of said Tract 33
bears N. 89°53'27" E. a distance of 1123.96 feet;
THENCE S. 02052'20" E. a distance of 66.08 feet to an 80d nail set in the Northern boundary of Tract 32, Overton
Park Addition, to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed
thereof recorded under County Clerk File Number 2012021618 of the Official Public Records of Lubbock County,
Texas, for the Southeast corner of this tract from whence an 80d nail set for the most Northerly Northeast corner of
said Tract 32 bears N. 89°53'27" E. a distance of 468.11 feet;
THENCE S. 89053'27" W., along the Northern boundary of said Tract 32, a distance of 10.01 feet to an 80d nail set for
the Southwest corner of this tract from which an 80d nail set for the most Northerly Northwest corner of said Tract 32
bears S. 89°5327" W. a distance of 87.18 feet;
THENCE N. 02052'20" W. a distance of 66.08 feet to the Point of Beginning.
Contains: 659 square feet.
Bearings are relative to the Southern boundary of Tract 33, Overton Park Addition previously surveyed and recognized
as being N. 89°53'27" E.
Surveyed on the ground
January 25, 2017
Revised February 3, 2017 to correct calls in metes and bounds.
Revised February 7, 2017 to correct metes and bounds.
91
OF
RENT CAPJ�OLL
Gain;..ew+*?i,Rr*awmx5cr.:,+s:a.aay�nay
Brent Carroll
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Registered Professional Land Surveyor V1—
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No. 5410 State of Texasstt'�e"� �m �-` 'X ,
Proposed Street Use License Area Along Mac Davis Lane Between Avenue U & Avenue V,
Located Adjacent to Tracts 32 & 33, Overton Park Addition
Feet
0 50 100 150
As required by SECTION 1. Chapter 2051, SUBCHAPTER D. GEOSPATIAL DATA PRODUCTS of the Government Code, the City of Lubbock hereby provides City Of
notice that the data on this map was created by the City of Lubbock. Any data that appears to represent property boundaries is for informational purposes Lubbock
and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and
represents only the approximate relative location of property boundaries. T E X A S