HomeMy WebLinkAboutResolution - 2017-R0214 - Haven Campus Communities - 06/22/2017Resolution No.2017-R0214
Item No.6.5
June 22,2017
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 Street Use License Agreement by and between the City
of Lubbock and Haven Campus Communities-Lubbock II, 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 June 22. 2017
ATTEST:
J.J*.£-J-SL
Rebafcca Garza,City Secretary
APPROVED AS TO CONTENT:
L^gyv-^ntnr?Ct^-J
Dave Booher,Right-Of-Way Agent
APPROVED AS TO FORM:
Ryan/Brooke. Assistant City Attorney
DANIEL M.POPE,MAYOR
ccdocs/RES.Street Use License Agreement-Haven Campus Comm.
05.19.17
Resolution No. 2017-RO214
STREET USE LICENSE
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
This License made this 22nd day of June , 2017, being the
date of this License between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal
Corporation, and Haven Campus Communities -Lubbock II, 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 for optical fiber cable 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 1911 7TH Street, Lubbock,
Tx 79401, 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:
Reb cca Garza, City Secrety
APPROVED AS TO CONTENT:
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
Ry n ooke, A istant City Attorney
CITY OF LUBBOCK
By:
DANIEL M. POPE, MAYOR
STREET USE LICENSE
AGREED TO AND ACCEPTED this day day of __ M ail
Haven C,'f1pus Communities- Lubbock II, LLC
By:
Print:--89( RI v
Title:
THE STATE OFTEXAS
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. f
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � t� day of
�osPa" °�a,c JENNIFER SOWDER CLEMENTS
* Notary Public, State of Texas 90Public if) and for the State cifTexas
Notary IN 12497068.3
OF'CEMy Commission Expires 06-28.2020 mmission Expires:
STRErF USE LICENSE
THE STATE OF�a-
COUNTY OF
BEFORE ME, the undersi gried authority, a Notary Public in and for said County and State.
on this day personally appeared , known to me to be the person
whose name is subscribed tote foregoing instr6ment and acknowledged to me that heshe
executed the same for the purposes and consideration therein expressed and as an act and deed of
said Haven Campus Communities -Lubbock 11, LLC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this % day of
�4L H q
rGo oN• , 0�.�
2%1101111110
al�40v_�theStateor_
Notary Public in ay&LIV4_
My Commission Expires: g'o14 j _OWE '
Ryan Brooke-Licenses/Street Use Lic-Haven Campus Communitics-Lubbock 11. LLC
4.6 17
STREET USE LICENSE
CIVIL ENGINEER
EXHIBIT
V V C%-= / / GA/y.`7
ENGINEERING, IL.0
13037 QUAKER AVENUE • LUBBOCK, TEXAS 79423
OFFICE: (806) 687-2552 • CELL: (806) 336-7270
TEXAS REGISTERED ENGINEERING FIRM F-13587
FIELD NOTES on a proposed Street Use License being further described by metes and bounds as follows:
BEGINNING at the Northwest corner of the Plat limits of Tract 22, Overton Park as shown by the plat thereof recorded in
Lubbock County Clerk File Number (CCFN) 2014045148;
THENCE S 00o06'15" E, 2.00 feet to the Southeast corner of this tract;
THENCE N 89053'45" W, 1.00 foot to the most Southerly Southwest corner of this tract;
THENCE N 00'06'15" W, 118.00 feet to an ell corner of this tract;
THENCE S 89°53'26" W, 58.00 feet to the most Westerly Southwest corner of this tract;
THENCE N 44°53'36" E, 1.41 feet to the Northwest corner of this tract;
THENCE N 89°53'26" E, 58.00 feet to the Northeast corner of this tract;
THENCE S 00°06'15" E, 117.00 feet to the PLACE of BEGINNING, containing 176.502 Square Feet.
Victor E. Roden, P.E. g-NNN111IIa8
April 19, 2017 �P�..•• F.rgi1�
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s VICTOR
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Proposed Street Use License Area Along G1ennA Goodacre Blvd.
and Avenue S Located Adjacent to Tracts 22, Overton Park Addition
N
7'-IoV
7TH
GLENNA GOODACW BLVD
GLENNA GOODACRE BLVD
I'M
q ! Ix 10 o
O N
N N
Proposed Street Use License Area
I
2� I 56'
50' 292' 53'
O� �
> �� >
TR 30 o a ®�� a
2� 50'
569.96' ��' 53'
9TH ST
�^ 53'
50'
rn
TR 22 00
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 *ilbbock
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 City of
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.
TEXAS