HomeMy WebLinkAboutResolution - 3237 - Land Use License - Motorola - Antenna Tower Site , Sec 1, Block B - 10/24/1989JWF:dw
RESOLUTION
Resolution # 3237
October 24, 1989
Item #22
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 Land Use
License for a radio tower and appurtenances to be entered by and between
said City (as Licensor) and Motorola Communications and Electronics, Inc., a
corporation (as Licensee), 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 24th day of October , 1989.
'J
I
"Raneto Boyd, City Sec etary
'APPROVED S TO TENT:
Wi lia J. Payne, Director of
Building Services
APPROV AS TO FORM:
J. W r h Fullingim, Assistant Cit
Att r ey
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B. C. McMIRff, MAYOR
LAND USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS License Agreement is entered into this day of
, 1989, by the CITY of Lubbock, a Texas Home
Rule Municipality located in Lubbock County, Texas, acting by and
through its Mayor hereunto duly authorized, hereinafter called
"CITY", and Motorola Communications and Electronics, Inc., a
corporation acting through its undersigned officer hereunto
authorized to so act in its behalf, hereinafter called
"LICENSEE", to accomplish the matters hereinafter set forth in
consideration of the mutual covenants and agreements to be kept
and performed by the parties hereto do hereby contract and agree
as follows:
I.
CITY, in consideration of the sum of an annual amount of
$1,200.00 paid by LICENSEE to CITY in advance in Lubbock, Texas,
the first annual payment being made on November 1, 1989, and
succeeding annual payments of $1,200.00 each to be made on the
first day of November of each subsequent year during the life of
this license, does hereby grant to LICENSEE the right to
construct and maintain a radio tower, guy wires and necessary
appurtenances thereto, a small building to service said radio
tower and its appurtenances, and such fencing as is hereinafter
set forth as required and permitted, in and upon the following
described tract of land owned by the CITY and described as
follows:
6.63 acre tract of land, more or less, being out of
Section 1, Block B, Lubbock County, Texas, being more
particularly described by metes and bounds as follows:
BEGINNING at a point 3094.97' East and 2397.45' South
of the NW corner of Section 1, Block B, Lubbock County,
Texas
THENCE North 300 - 00' East a distance of 760 feet to a
point;
THENCE South 300 - 00' East a distance of 760 feet to a
point;
THENCE West a distance of 760 feet to the POINT OF
BEGINNING.
II.
This License shall be for a primary term of ten (10) years,
beginning November 1, 1989, and ending October 31, 1999.
LICENSEE shall have the option to renew this license for an
additional term of ten (10) years by giving the CITY written
notice at least sixty (60) days before the expiration of said
primary term by certified or registered United States Mail of
LICENSEE's intention to so renew this license addressed to the
City Manager, City of Lubbock, P. O. Box 2000, Lubbock, Texas
79457, or to the last known address for said City Manager. The
land hereinabove described must be kept available by the CITY for
public use, and if the CITY determines there is a subsequent need
for said land for public usage, the CITY retains the right to
cancel this license at any time during the primary term or
subsequent term of this license by giving LICENSEE thirty (30)
days written notice of cancellation by certified or registered
mail, executed by the City's Mayor and addressed to LICENSEE at
P. O. Box 819049, Dallas, Texas 75381, or the last known address
of LICENSEE.
IF
F
LICENSEE hereby acknowledges that it has been informed by
the CITY that all or part of the land of whatever kind or nature
of the land hereinabove described as the previous site of a
sanitary landfill, and pursuant thereto the LICENSEE assumes all
risks in connection with the construction and maintenances of all
improvements and facilities owned by LICENSEE and located on said
land. LICENSEE shall make all necessary soil and ground
investigations as shall satisfy LICENSEE of the suitability of
the site for the construction of its facilities and the
maintenance thereof in a safe and proper manner for the safety
and welfare of LICENSEE, its employees, CITY, its employees or
representatives, and members of the general public as well. If
LICENSEE determines that the land hereinabove described is not
suitable for construction or maintenance of its facilities as a
result of any such tests it has made or had made for its account,
LICENSEE retains the right to cancel this license at any time
during the first year of the life of this license by giving
written notice of such cancellation and describing the tests made
and the results thereof as determined by LICENSEE, such written
notice shall be by certified or registered mail addressed to City
Manager, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457,
or the last known address for said City Manager. LICENSEE shall
be entitled to a pro -rata refund on its first annual payment of
$1,200.00 for the balance of the first year of this License if
this license is cancelled by LICENSEE during the first year of
the life of this license for the reason hereinabove stated.
IV.
LICENSEE, at its own expense, shall erect a chain link fence
six feet high around the radio tower service building, the radio
tower, and the anchor base of each and all of the guy wires to
the radio tower.
V.
Said radio tower is to be constructed at the expense of
LICENSEE, and shall be constructed, operated, and maintained in
accordance with height, warning systems, and all applicable
regulations with respect to said tower as promulgated and
enforced by the Federal Communications Commission and the Federal
Aviation Administration of the United States Government.
VI.
LICENSEE after construction, shall, at its cost, restore the
surface of the premises to its original condition. LICENSEE
shall be responsible for the maintenance of the radio tower
improvements and surrounding grounds included within the tract of
land hereinabove described in suitable condition for public
purposes, including park purposes and in keeping with surrounding
land.
VII.
LICENSEE agrees that at all times it will indemnify and save
harmless the CITY against all claims, demands, actions or causes
of action, arising or growing out of any damage to property or
injury to or death of persons which may be due in any manner to
the construction, use, maintenance, state of repair or presence
of the radio tower and appurtenances thereto and to pay the CITY
the full amount of any loss or damage which it may sustain, incur
or become liable for on account thereof.
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VIII.
This License is given by the CITY and accepted by LICENSEE
upon the express condition that the same is, and at all times
shall be cancelled upon thirty (30) days written notice as
provided in Section II above at the will of the CITY; and
whenever requested so to do by the CITY, LICENSEE agrees at
LICENSEE's expense to remove said radio tower and appurtenances
and fencing from the property of the CITY and restore said
property to the same condition in which it was prior to the
placing of said radio tower and appurtenances thereon. In case
LICENSEE shall fail to restore the CITY's premises as aforesaid
within thirty (30) days, CITY may proceed with such work at the
expense of LICENSEE. No termination hereof shall release
LICENSEE from any liability or obligation hereunder, whether of
indemnity or otherwise, resulting from any acts, omissions or
events happening prior to the date of termination or such later
date when the improvements placed on the licensed premises by
LICENSEE are removed and said premises are restored to its
original condition as hereinabove required
IX.
LICENSEE shall permit the CITY to use a portion of
LICENSEE's radio tower without charge to the CITY in those
instances where the radio frequency used by the CITY is
compatible with LICENSEE's use of the radio tower.
►9
LICENSEE, by the acceptance of the license 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 property it is permitted to use hereby and agrees to give
peaceful possession of said property covered herein upon
termination or cancellation of this License.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument, in duplicate, the day and year first above written.
CITY OF LUBBOCK
- C �
BY:
. C. MCMINN, MAYOR
T: -
Ran tte Boyd;., -,City S cretary
VAPPROVIPS CONTENT:
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Pay e, Director of Building
Services
APPROVED AS TO FORM:
J. Wor Fullingim, Assistan City
Attorn y
MOTOROLA COMMUNICATIONS &
ELECTRONICS, INC.
BY:
MARION S. CAMPBELL, JR.
Antenna Site Manager
New Site Development
Network Services
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