HomeMy WebLinkAbout1993 Resolution No. 094RESOLUTION N0 . 0:/._
SERIES OF' 1993
A RESOLtrfION APPROVI N G A LICENSE AGREEMENT BETWEEN THE CITY OF
E NGLEWvOD AND ~·er CAB LEVJ SION OF FLORID A, INC., DOIN G BUSINES S AS TC!
OF COLORADO , INC., PERMI TTING TC ! TO CROS S CITY DITCH WITH ITS FIBER
OPTiC CABLE .
WH EREAS , TC ! Cabl evision or Fl orida, Inc., doi ng business as TC! or Col or a do,
Inc., has submi tted a License Agreeme nt to cros s over City Di tch at So uth Wind erm ere
Street wi t h a fi ber optic coble ; and
WHEREAS, T C! of Colorado, Inc. exp ress ly assume s full a n d st ri ct liability fo r
any a nd a ll dnm agr;s of ev ery nature to person or pro perty ca used by water from th e City
Ditch leaking through the Ditch bank , or pipeli ne a t th e poi nt or points wh ere TC ! performs
a ny wo rk in connection with ti-e crort 1i:1s provi ded by the License Agree ment ;
NOW, THEREFO RE , BE IT RES OLVED BY T HE CITY CO UN CIL OF THE CITY OF
E NGLEWOO D, COLO IL\D•J, T HAT :
~ .1. The City Council of the Ci ty of Englewoo d , Colorado he reby a p pro ves tho
Li ce nse Agree men t be .tween TCI Cabl evi sio n of Fl orida, Inc ., doing b us ines; as TC ! c,f
Colorado, In c., and the City of En gl ewood allowi ng TCI of Co lorado to cross City Ditch wi t h
it s fiber optic ca ble .
~-In granting said Li cen se Agreement, the C ity reserves th e right to mak e
full use orthe property involved as mny be necessary or co nve nie nt in th e op eration of th e
wate r work5 pl ant and system under co ntTOI of t he City.
Si:i:tilm...3, Th e City Cou nci l h e reby appro ves the a t tach ed Licen se Agreemen t with
T C I.
ADOPl'ED AND APPROVE D this 1st day of Nove m be r , 1993.
ATT E ST :
!2,t;;~ tf_ J hu u
P atricia H . Cro w, City Cle r k
I, Patricia H. Crow, City Cle rk fo r µt_"t City of Englewoo d , Col orado, hereby certify t he
above is a true copy of Re solution No.7!±., Seri es of 1993 .
. w~«~i.i< au {1
Patricia H. Crow
Date
'.\:ovembe r I. 1993
INITIA TED BY
STAFF SOURCE
COUNCIL COMMUNICATION
Agenda Item
11 a
Wa ter and Sewer Board
Subject Lice:1se Agreement fo r
T C1 Cab levisior.
Stewa rt Fonda , Director of Utilities
ISSUE/ ACTION PROPOSED
taff seeks Counci l approval of th t attached resolution a p p roving a Li ce nse Ag reement with
TCI Cablevision of Florida , Inc . This agr eement wou ld allo w TC! to cross th e City Di tch
wi th its fibe r o ptic ca ble .
PREVIOUS COUNCIL ACTTON
Counc il approved O rdinance No . 4, 1980 approving an agreeu ent be tween the City and
\lountain States Video . Th is agreem ent has been transferred to TCJ Cablevis ion .
BACKGRO UND
TC I Cat· ,•-.•ision su b m itted a License Agreem e:it to cross o,· ,r th ~ City Ditch w ith a fib e r
o ptic cal-'l , The City rese rves th e ri ght to ma ke fu ll use of the prope rty necessary in th e
operation . i the City . The City reta in s all ri ght to o pe rate, maintain , insta ll , re pair, re move
or reloca te ~n y of its facilities locate d w ithin th~ Citv', prope, :y.
ST-;\Ff ANALYSIS
The Li cense Agree ment is for an overhead crossing of th e City Dit~h with a fiber op ti c cable
at South Windermere St . The Li censee ex pressly assumes lull and stri ct li abili ty fo r any and
all damages of every natu re to person o r property caused by the poin t o r points w h ere th e
Licensee pe r fo rms any work in con,1ectio n with the crossing provided by the Li ce nse.
FINANCIAL I:MPACT
No ne .
LICENSE AGREEMENT
TO CROSS OV ER CITY DITCH
THIS AGREEMENT, made and entered into as of the
______ day of--=-======~---• 19 ____ _
by and between the CITY OF ENGLEWOOD, a municipal
corporation of Colorado, hereinafter referred to as "City•
and TCI CableviRion of Florida Inc. db a TCI of
Colorado, Inc. , her einafter referred to as "L censee,"
WITNESSETH: The City without any warranty of its title
or interest whatsoever, hereby authorize ■ Licensee, its
successor, assigns, to install a fiber optic cable
over the City's rights-of-way for the City Ditch, described
as a parcel of land situated in the southwest guarter of
Section 9 , Township 5 South
Range 68 West of the 6th
P.M ., County of Arapahoe, State of Colorado and lying within
the following described lines:
Beginning at a point on the easterly right-of-way for the
city Ditch from which the southeast corner of the southeast
quartet" of the southwest quarter of Section 9, Township 5
South, Range 68 West bears S02 32' 36"E a distance of 545.31
feet; thence NOO 24' W a distance of 90.97 feet to the point
of terminus on the Westerly right-of-way fqr the City Ditch
The above-described parcel contains
acres, more or less.
N/A
1. Any constructi on contemplated or performed under this
License shall comply with and conform to generally accepted
industry standards and such construction shall be performed
and completed according to the plans, consisting of one
sheet, a copy of which is attached hereto and made a part
hereof.
2. The Licensee shall no1:ify the City's Di rector o f
Utilities at 1,east three (3) days prior to the time . of
commencement of the c onstruction of, or any repairs made to,
Licensee's fiber optic cable
so that the City may, in i ts discret i on, inspect such
oper ations. In the event Licensee deems any repair to be an
emerge ncy, Licensee will notify Licensor as ~oon as is
reasonably possible.
3 . With in thirty (30) days from the date of the
commencement of construction of said fiber optic cable
LICENSE AGREEMENT
TO CROSS OVER CITY DITCH
THIS AGREEMENT, made and entered into as of the
~--,---,-~day of .~=~====----' 19~-----by and between the CITY OF ENGLEWOOD, a municipal
corporation of Colorado, hereinafter referred to as "City"
and TCI Cablevision of Florida, Inc. d/b/a/ TCI of
Colorado , Inc.. , hereinafter referred t o s "Licensee, 11
WITNESSETH: The City without any warranty of its title
or interest whatsoever, hereby authorizes Licensee, its
successor, assigns, to install a fiber optic cable
over the City's rights-of-way for the City Ditch, described
as a parcel of land situated in the southwest quarter of
Section 9 , Township 5 South
Range 68 West of the __ ..,..;:6~t~hc.---~
P.M., County of Arapahoe, State of Colorado and lying within
the following described lines:
Beginning at a point on the easterly right-of-way for the
City Ditch from which the southeast corner of the southeast
quarter of the southwest quarter of Section 9, Township 5
South, Range 68 West bears S02 32' 36"E a distance of 545.31
feet; thence NOO 24' W a d istance of 90.97 feet to the point
of terminus on the Westerly right-of-way for the City Ditch
The above-described parcel contains
acres, more or less .
N/A
1. Any construction contempl ated or performed under this
License shall comply with and conform to generally accepted
industry standards and such construction shall be performed
and compl e ted according to the plans, consisting of one
sheet , a copy of which is attached hereto and made a part
hereof.
2. Th e Licensee shall notify the City's Director of
Utilities at least three (3) days prior to the time of
colt\l1\encement of the construction of, or any repairs made to ,
Licensee's fiber optic cable
so that the city may, in its discretion, inspect such
operations. In the event Licensee deems any repair to be an
emergency, Licensee will notify Licensor as soon as is
reasonably possible.
3. Within thirty (30) days from the date of the
commenceme nt of construction of said fiber optic cable
(overhead insta llation only) the Licensee shall complete
such construc tion, place and maintain
permanent, ·,isible markers, ot a type and at such locations
as designated by the City's Director ot Utilities, referring
to the installati on and shall clear the crossing area of all
constructi on debris and restore the area to its previous
c o ndition as near as may be reasonable. In the event the
placing of the markers and the clearing and restoration of
t he crossing area is not completed within the time
spec ified, the City may complete the work at the sole
e xpense o f the Licensee.
4 . Th e City shal l have the righ t to mainta i n, i nstall,
repa i r, remove or relocatu the City Ditch or any other of
its f acilities or installat i ons with i n the City's rights-of-
wa y , at any time and in such manner as the City deems
nece s~ary or convenient. The City reserves the exclusive
r ight to control all easements and ins tallations. In the
e vent ~.he fiber optic cable should interfere
wi eh any future use of the City 's rights-of-way by the City,
t h e Licensee shall , upon request and at its sole expense,
r elocate, rearrange , or remove its i nstallations so as not
t o i nterfere with any such use.
5 . Any r e pair or rep lacement o f any City installation made
necessary, in t he opin i on of the City's Director of
Ut i l i ties because of the construc tion of the
fiber optic cable
or other appurtenant installation thereo f , shall be made at
the sole e xpense of the Li censee.
6 . The stipulation and conditions of this License shall be
incor~vrated i nto contract specifications if the
c o ns t ruct ion herein authori z ed is to be done a contract
bas i s .
7. The rights a nd privileges granted in this License shall
b e subject to prior agreements, licenses and/or grants,
r e corded or unrecorded , and it ohall be the Licensee's sole
r e spons i b ility t o det e rm ine the ex i stence of said documents
or c onf l i cting uses or i nstal lati ons.
8. Th e Li censee shall conta ct a nd f ully cooper ate with the
Ci t y 's personne l and the construction shall be completed
wi ehout interferenc e wi th any lawful, usual or ordinary flow
o f water th::ough t h e Ci ty Ditch . Li c e nsee shall assUJDe all 1·
r i s k s inc ident t o t he poss i ble presence of such waters, or
o f s torm waters, or of surf ace wa t ers i n the City Ditch.
9 . Licensee , by a c ceptanc e o f th i s license , expr essly
assumes ful l a nd str ict l i a bility f or a ny and a ll damages o f
every nature t o person or property caused by water from the
di t ch leaking t h rough the ditch banks or p i p e l i ne at the
point or points where the Licensee performs ahy work in
connection with the crossing provided by this lJ.cense. The
Licensee assumes all responsibility tor maintenancP. ot the
installation.
10. Licensee shall indemnify and save harmless the City, its
officers and employees, against any and all claims, damages,
actions or causes of action and expenses to which it or they
may be subjected by reason ot said fiber
opti~ cable being within and
across the premises of the city or by reason of any work
done or omission made by Licensee, its agents or employees,
i n connection with the construction, replacement,
maintenance or repair of said installation.
11. It is expressly agreed that. in case of Licensee's breach
of any of the within promises, the City may, at its option,
have specific performance t!,ereof, or sue for damages
resulting from such breac~.
12. Upon abandonment of any right or privilege herein
granted, the right of Licensee to that extent shall
terminate, but its obligation to indemnify and save harmless
the City , i 1:s officers and employees, shall not terminate in
a:iy event.
In granting the above authorization, the City reserves the
right to make full use of the property in --o lved as may be
necessary or convenient in the operation of the water works
plant and system under the control of the City.
IN WITNESS WHEREOF, this instrument has been executed
as of the day and year first above written.
APPROVED:
Stewart Fonda
Director of Uti lities
APPROVED AS TO FORM:
CITY OF ENGLEWOOD,
Mayor
LICENSEE: TCI Cablevision
of Florida, Inc .
I .
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OVERHEAD FI13ER
OPTIC CAB E :
ATTACHED TU
EXlSTING POLES
W. BELLEVIEW A VE.
PLAf\!
SCALE : 1"=100'
EXISTING POWER~
i
i
i
CITY DITCH~
i
i
N
SE COR SE 1/4, SW 1/4
SECTION 9, T 5 S, R 68 W
I •
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I \
FI13ER OPTIC
CABLE ATTACHED I I ! __ ..u,.. _______ ..._ ________ ..u.._TO EXISTING
POLES
I -·-·$-· I
i f.RQE.ILE
NO SCALE