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HomeMy WebLinkAbout2004-363ORDINANCE NO. JO 3 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPROVE A RIGHT-OF-WAY USE AGREEMENT WITH FAIRFIELD DENTON EXCHANGE, LTD. TO ALLOW THE PLACEMENT OF SECURITY AND COMMUNICATION WIRING UNDER CLEVELAND STREET APPROXIMATELY 355 FEET SOUTH OF THE INTERSECTION OF WEST COLLINS STREET AND CLEVELAND STREET, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas finds that approval of the Right -of -Way Use Agreement attached hereto and make a part hereof by reference (the "AGREEMENT") is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. The recitations and findings contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The AGREEMENT is hereby approved. The City Manager or his designee is hereby authorized to execute the AGREEMENT on behalf of the City and to carry out the City's rights and obligations under the AGREEMENT. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the �%� day of l I 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Q APPROVED AS TO LEGAL FORM: HERBERT L. PRO Y, CITY ATTORNEY y BY: RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS, § KNOW ALL MEN BY THESE PRESENTS; COUNTY OF DENTON The City of Denton, (the "CITY) does consent and agree to permit Fairfield Denton Exchange, LTD. (the "APPLICANT'), the right to the non-exclusive use of a portion of right-of- way dedicated to the CITY which is more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "RIGHT-OF-WAY AREA') for the purposes of installing two 2" conduit pipes (the "IMPROVEMENTS' a minimum of 36" below the road surface and upon the following conditions. The conduit pipes shall be installed only at the location shown in Exhibit "A'. All installations shall be conducted by boring underneath the surface of the subject street right-of-way and the surface of the RIGHT-OF-WAY AREA will not be disturbed. The Improvements will be used solely for the installation of security and communication wiring serving APPLICANT'S facilities located on the east and west side of Cleveland Street. The EPROVEMENTS shall not interfere with existing utilities and improvements located in or near the RIGHT-OF-WAY AREA. APPLICANT has the duty locate such existing utilities and improvement. Prior to performing any work within the RIGHT- OF-WAY AREA APPLICANT shall obtain all permits and approvals required by the CITY and perform such work in compliance with all applicable laws and regulations. The APPLICANT, its successors or assigns shall maintain and keep in sightly condition all of the above described IMPROVEMENTS situated in the RIGHT-OF-WAY AREA as described in Exhibit "A' and the CITY shall not become responsible for such maintenance at any time in the future. 19 The APPLICANT shall and does hereby agree to defend, indemnify and hold harmless CITY from any and all damages, loss or liability of any kind whatsoever by reason of damage to property and injury to persons, including death, occasioned by its use of the RIGHT-OF-WAY AREA or act of omission, neglect or wrongdoing of APPLICANT, its officers, agents, employees, invitees or other persons, with regard to the installation or maintenance of MPROVEMENTS; and the APPLICANT shall, at its own cost and expense, defend and protect the CITY against any and all such claims and demands. . The APPLICANT shall purchase and maintain Commercial General Liability Insurance naming the CITY as an "additional insured" for damages arising from the construction and maintenance of IMPROVEMENTS with a limit of not less than $250,000.00 for each person and $500,000.00 for each single occurrence for bodily injury or death and $100,000.00 for each Page 1 of 4 single occurrence for injury to or destruction of property. IV. The APPLICANT shall arrange for all activities and improvements in the RIGHT-OF- WAY AREA to be discontinued and/or removed, at the direction of the CITY, within thirty (30) days of notification by CITY, that the City Council has directed the use of the RIGHT-OF-WAY AREA by the APPLICANT be discontinued; and the cost associated with the discontinuing of such activities, and the removal of such improvements, as well as property adjacent to the RIGHT-OF-WAY AREA necessitated by such discontinuation of the right-of-way use shall be borne by the APPLICANT. If APPLICANT fails to remove the IMPROVEMENTS as provided herein, the CITY may do so at the sole cost of APPLICANT. The CITY will not be liable to APPLICANT for any damages or losses that may result from the removal of the IMPROVEMENTS by either the APPLICANT or CITY. a This Agreement shall be filed of record in the Real Property Records of Denton County, Texas, and. shall bind all future owners of APPLICANT'S real property more particularly described as Lot 1, Block A and Lot 1, Block B of Exchange at North Texas Addition, an addition to the City of Denton, Texas, and shall, for all purposes, be considered a covenant running with the land. IN TE. $TIMONY REOF, PLICANT executes this Right -of -Way Use Agreement on this �— day of 2004. FAIRFIELD DENTON EXCHANGE, LTD., a Texas limited partnership By: FF StudentCo B LLC a Delaware limited liability company, General Partner By: StudentCo LLC, Series B, a Delaware series limited liability company, Managing Member By: k� Glenn D. Jones Vice President Page 2 of 4 CITY OF DENT N TEXAS By: Michael A. Conduff City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FI HER13ERT L. PROIEFJ, CITY, M ACKNOWLEDGEMENTS THE STATE OF TEXAS § COUNTY OF DENTON This instrument was acknowledged before me on the Ad day of 6ity. 2004 by Michael A. Conduff, City Manager of the City of ]Denton, Texas, onbeehal of sazd C • alma N Public, in and for the State of Texas 9w"roa0 • JANE E. RICHARDSON '"„nrNotary Public, State of Texas My Commission Expires June 27, 2005 Page 3 of 4 My Commission expires: THE STATE OF TEXAS § COUNTY OF DENTON This instrument was acknowledged before me on the 54A day of Alo%Pr , 2004 by Glenn D. Jones, Vice President of StudentCo LLC, Series B, a Delaware series limited liability company, Managing Member of FF StudentCo B LLC, a Delaware limited liability company, which is the general partner of Fairfield Denton Exchange, Ltd., a Texas limited partnership, on behalf of said Texas limited partnership. Notary Public, in and for the State of Texas My Commission expires: 01—/S -c�oO6 e`1g7o.N ` DEBRAA.DURAN t Notary Public, State of Texas Ill My o1I'I aommisslonnuary 15, 2 OB Page 4 of 4