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AmendedbyOrdinanceNo.201218308/21/12JR
S:\Our Documents\Ordinances\06\Wells Fargo ROW Usc Ordinance.doc
ORDINANCE NO. Z~O~ -(~j/.3
AN ORDINANCE APPROVING ARIGHT-OF-WAY USE AND LICENSE AGREEMENT
BETWEEN THE CITY OF DENTON AND WELLS FARGO BANK, N.A. THAT WILL
ALLOW AND ACCOMMODATE THE INSTALLATION OF ELECTRIC FACILITIES
BETWEEN WELLS FARGO BANK N.A. PROPERTY TRACTS SITUATED ADJACENT TO
THE RIGHT-OF-WAY OF WALNUT STREET AND AUSTIN STREET; AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request from Wells Fargo Bank for the
installation of private electric facilities under existing City Public Right of Way pursuant to a
Right-of--Way Use and License Agreement, a copy of which is attached to this ordinance (the
"Agreement"); and
WHEREAS, the Development Review Committee of the City of Denton, Texas reviewed
the requested electric service rearrangement as a component of the pending demolition project of
the Wells Fargo Parking Garage and recommended approval; and
WHEREAS, the Council of the City of Denton, Texas has found and determined that the
Agreement is in the public interest; NOW THEREFORE:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The Agreement is hereby approved and the City Manager or his designee
is hereby authorized to execute the Agreement on behalf of the City of Denton.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this ~.~5 day of ~~ 2006.
~~ ~~
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ~. W
Page 1
S:\Our Documents\Ordinances\06\Wells Cargo ROW Use Ordinancedoc
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY
BY:
Page 2
S:\Our Documents\Contrac[s\Ofi\Wells Fargo ROW Use AgreementDOC
RIGHT-OF-WAY USE AND LICENSE AGREEMENT
THIS AGREEMENT is entered into effective as of the date set forth below by and between
the City of Denton, Texas, a home rule municipal corporation (the "City") and the Wells Fargo Bank
Texas, N.A., a national banking association ("WELLS FARGO").
WHEREAS, WELLS FARGO, has requested permission to install private electric facilities
within the streetright-of--way of Walnut Street and Austin Street (the "City Right-of-Way") for the
installation of underground electric utilitylines and appurtenances (the "Electric Facilities")between
WELLS FARGO property tracts situated on the east and west sides of Austin Street. Such Electric
Facilities being shown on the drawing attached hereto and made a part hereofbyreference as Exhibit
"A" (the "License Area"); and
WHEREAS, The City of Denton, Texas ("City") hereby grants permission for WELLS
FARGO to locate, maintain and repair the Electric Facilities within the License Area, subject to the
following terms and conditions:
1. The Electric Facilities shall be constructed in such a manner as not to interfere with the City's
use of the City Right-of--Way and shall be limited to and constructed only in accordance with the
plans and specifications that are approved in advance in writing by the City ("Plans and
Specifications"). When referring to the Electric Facilities within this agreement such term shall mean
the Electric Facilities constructed in accordance with the Plans and Specifications. The construction
methods shall meet the approval of the City Engineer and be detailed in the Plans and Specifications.
The City reserves the right to limit and/or to require specific construction methods within the
License Area. These limitations or construction methods shall be included in the construction plans
and specifications for any work performed within the License Area. In addition, WELLS FARGO
shall provide adequate inspection and coordination with the City to insure the contractor adheres to
these items during construction. Prior to initial construction or any subsequent maintenance
activities within the License Area, Wells Fargo and /or its contractor(s) shall obtain aRight-of--Way
inspection permit from the Utilities Engineering Department for each instance. Upon completion of
the installation of the Electric Facilities, WELLS FARGO shall provide the City an "as-built" survey
prepared by a registered professional land surveyor, a survey plat illustration and a metes & bounds
field note description, depicting the precise horizontal location of all of the installed WELLS
FARGO electric conduits within the City Right-of--Way, and more specifically describing the License
Area. The "as-built" survey sheet(s) shall be produced on letter-sized sheets (8-''/2" x 11 ") and shall
be attached to this AGREEMENT as Exhibit "B". This AGREEMENT shall then be duly recorded
in the Real Property Records of Denton County, Texas.
2. The Electric Facilities are subordinate to the City's use of the City Right-of--Way, including
without limitation, utilities and street improvements located now or in the future within the License
Area. In the event the City repairs, expands, or adds to its facilities within the License Area, and in
the City's sole opinion it is necessary that the Electric Facilities be modified, removed or relocated,
in whole or in part, to accommodate such repair's, expansion or addition, WELLS FARGO shall, at
its sole cost, modify, remove or relocate the Electric Facilities, as directed by the City, no later than
120 days after City gives WELLS FARGO written notice.
3. WELLS FARGO shall defend, indemnify and hold harmless the City, its employees and
agents from and against any and all claims, expenses, (including attorney fees), damages, losses and
judgments arising out of or incident to the presence, construction, operation and maintenance of the
Electric Facilities. In addition, WELLS FARGO shall require that its contractor provide and maintain
throughout the installation of the Electric Utilities, general liability insurance in an amount equal to
at least $500,000 per occurrence, naming the City of Denton, its officers and employees as additional
insureds. Prior to commencing any work within the License Area WELLS FARGO shall deliver to
the City an insurance certificate evidencing such insurance which certificate will be in a form
approved by the City, and shall provide that the insurance may not be cancelled or modified until the
City has been given at least 30 days advance written notice of cancellation or modification. Such
certificate shall also provide a waiver of subrogation in favor of the City, its officers and employees.
4. WELLS FARGO and its contractor will prevent construction equipment from damaging
existing City facilities or public utilities located within the License Area and adjacent areas.
5. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed
on or in the License Area.
6. The City will not be responsible for any'costs of construction, operation and maintenance of
WELLS FARGO Electric Facilities. It is further agreed that the City shall not be liable for any
damage to the Electric Facilities as a result oFthe City's use of the City Right-of--Way. If any City
property is damaged or destroyed by WELLS FARGO or its agents it may be repaired or replaced by
the City at WELLS FARGO expense and payment is due upon WELLS FARGO's receipt of an
invoice from the City.
7. Blasting is not permitted on the License Area or adjacent areas.
8. The License Area shall be left clean, free from all dirt and debris resultant from construction
or maintenance activities, or otherwise.
9. The License Area shall be protected from washing and erosion by a method approved by the
City.
10. Construction equipment and materials shall not be stored on the License Area.
11. It is understood and agreed that, in case of default by WELLS FARGO or its contractors or
agents in any of the terms and conditions herein'stated and such default continues for a period of ten
(10) days after the City notifies WELLS FARGO of such default, the City may at its election
forthwith terminate this Agreement and upon such termination all of WELLS FARGO's rights
hereunder shall cease and come to an end. This agreement shall also terminate upon the
abandonment of the Electric Facilities.
Page 2
12. As a condition to the City approving this agreement, WELLS FARGO hereby releases and
quitclaims to the City all ofits right, title and interest in and to that certain underground passageway
and tunnel easement dated July 12,1960 and recorded in Vohrme 458, pages 189, et. seq., in the Real
Property Records of Denton County, Texas.
13. This agreement shall be construed ender the laws of the State of Texas and is fully
performable in Denton County, Texas.
Dated to be effective as of the~day of 2006 (the "Effective Date'.
CiTl' OF DENTON, TEXAS
BY:
HOWARD
ACTING CTl'Y AGER
215 E. McKi~ey
Denton, Texas 76201
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ,~.
APPROVED AS TO FORM:
EDWIN M. SNYI~F,R, C]~Y
BY:
WELLS FARGO BANK, N.A.
a national banking association
BY• c J ~~_\ ~1~a Lfj
Printed name:`~A ~~ C! ,1 ~
Title: ~S i . 1 / 'c~- I~iL~ s i (J c-,,.: J-'
Page 3
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instnmtent-was acknowledged before me on _~e~~"~`",Z006 byHoward Martin, Acting
City Manager of the City of Denton, Texas, on behal of such municipality.
Notary Public in and for the State of Texas
MyCotnmissionExpires:~ ,.~„~,,, JANE E. RICHARDSON
s Notary Public, State of Texas
i ~ F E My Commission Expires
;e,,,~ a~~ June 27, 2009
l
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrttment was aclmowledged before me ott I ~I AYryl ~.3 2006 by~~e~~ I {~/j~ ~j,1~5
the ~ rarrta ~ 8~i r for Wells Fazgo Bank, N.A., on behalf of Wells Fargo Bank, N.A.
ll~ClZ
Notary Pu li in and for the State of Texas
My Commission Expires: I C7-p1-Z,~
CHERYL 491LLIAMS -
~~ NGTF~,FIY PUBLIC
~i State of Texas
a~`'.;omm. Exp,1t}07-2008-
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