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Home My WebLink AboutResolution - 5077 - Easement Use License Agreement - KETS Partnership C/O Western Wireless Inc - 01/25/1996Resolution No. 5077 January 25, 1996 Item #10 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 with KETS Partnership c/o Western Wireless, Inc., attached hereto and 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 frilly copied herein in detail. Passed by the City Council this ATTEST: A-, 0. --, a C) "j, Betty A J hnson, ity Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -My Agent APPROVED AS TO FORM: W&41�la rtsell, Assistant City Attorney JH.js/EUL-KETS.RES ccdocs/November 17. 1995 - . NO cl a IM- owe] 101 THE STATE OF TEXAS COUNTY OF LUBBOCK Resolution No. 5077 January 25, 1996 Item #10 This indenture made this 25th day of January, 1996 ,Affld� being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and KETS PARTNERSHIP c/o WESTERN WIRELESS, INC., 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 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" E., a distance of 60.00 feet from the Northeast corner 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. The term of this grant shall be for five (5) years from date hereof, and shall be automati- cally 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 330 120th Avenue NE, Suite 200, Bellevue, WA, 98005, 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. However, upon mutual consent of the CITY OF LUBBOCK and LICENSEE, the improvements will be left in place rather than removed after expiration, cancellation or abandonment of this license. 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 N0/100 ($250.00) 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, 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 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 dam- aged 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, 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 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 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. 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 succes- sors 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 givepeace ssession of said property covered herein upon termination or cancellation of this li ense. �--� B i D R. LANGST N, MAYO ATTEST: / I Betty M fohnsoVity Secretary APPROVED AS TO CONTENT: Ed Bucy, Right-of-Waf Agent APPROVED AS TO FO �✓7 Jeff Hartsell, Assistant City Attorney EASEMENT USE LICENSE KETS PARTNERSHIP --- PAGE 2 AGREED TO AND ACCEPTED this day of KETS PARTNERSHIP c/o WESTERN LESS, INC. BY: Name: Title: THE STATE OF TEXAS COUNTY OF LUBBOCK 1995. BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared DAVID R. LANGSTON, 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 the CITY OF LUBBOCK and as MAYOR. GIVEN UNDER MY HAND AND SEAL OF OFFICE this c2S4�1- day of 1995. CZ AMM E It CREEL4MUTAdEZ ,il ��- �;.��} NOTARY PUBLIC oEry Public in and for the S f Texas State of Texas Comm. Exp. 07-01-98 My Commission Expires: THE STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared CIA) 0 & mi rn_ 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 KETS PARTNERSHIP c/o WESTERN WIRELESS, INC. GIVEN UNDER MY HAND AND SEAL OF OFFICE this (ooh day of '11995. JH js/EUL-KETS.DOC D6-Deeds,Esmts/November 17, 1995 N Public in&d for the State of y Commission Expires:_ ) z J EASEMENT USE LICENSE KETS PARTNERSHIP ---- PAGE 3