2004-363O IN CE NO.
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 thisthe/~'--~ dayof ~/~~~/~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
BY: ~ ~
RIGHT-OI~-WAY USE AGREEMENT
THE STATE OF TEXAS, §
COUNTY O1~ DENTON §
KNOW ALL MEN BY THESE PRESENTS:
The City of Denton, (the "CITT') does consent and agree to permit Fairfield Denton
Exchange, LTD. (the "APPLICA_NT'), the right to the non-exclusive usc of a portion of fight-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 "IMI~ROVEMENTs") a minimum of 36" below the wad
surface and upon the following conditions. The conduit pipes shall be installed only at the
location shown in Exhibit "A". Ail installations shall be Conducted by boring underneath the
surface of the subject slreet 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 ]IMPROVEMENTS 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 a~l permits and approvals required by the CITY and
p~lbrm such work in compliance with all applicable laws and regulations.
The APPLICANT, its suseessors 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.
'Il
The APPLICANT shall and does hereby agree to defend, indemnify and hold harmless
CITY from any and all d~mages, 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 pea-sous, with regard to the installation or maintenance of
IMPROVEMENTS; 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 purohase 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 ocourrence for bodily injury or death and $100,000.00 for each
Page 1 of 4
single occurrence for injury to or deslxuction of property.
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 n~cessitated by such discontinuation of tho fight-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 cest of APPLICANT. The CITY will not be liable to
APPLICANT for any damages or losses that may result from tho removal of the
IMPROVEMENTS by either thc APPLICANT or CITY.
Ye
This Agreement shall be filed of record in the Real Prop~oy 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, bc considexed a covenant
running with the land.
IN TI~. STIMONY yq'ILIJRBOF, ,aPPLICANT executes this RIght-of-Way Use Agreement
on this day of ,20o .
F_AIRFIELD DENTON EXCHANGE, LTD.,
a Texas limited paxtoershlp
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
Vice President
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By: ~ ~
Michael A. Conduff ' '~ ~'
City Managor
ATTEST:
]ENN~'.W_~ WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FO,]~Vi:
HERB~OKNE¥
By:. ~ ~///~
ACKNOWLEDGEMENTS
']'Hm~ STATE OF TEXAS §
COUNTY OF DENTON §
Michael A. Conduff, City Manager of the City of Denton, Texas, o~n behalt' of said city.
....... N4fary Public, in and for the State of Texas
f~.. ..?;,~ JANE E. RICHARDSON
=: : = NotaryPubiic. State of Texas
~ :. :.. ' My Commlssfon Expires
41 ........ June 27. 2005
Page 3 of 4
My Commission expires:
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instalment was acknowledged before me on the 5¥h day of /~/o~/e~o]o~'~ , 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 par~er of Fairfield Denton Exchange, Ltd., a Texas limited pal~ership, on
behalf of sniff Texas limited partnership.
Nota~ Public, in and for the State of Texas
My Commigsion expires: 01--1~5%~t9~9~,
January 15, 2006
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