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HomeMy WebLinkAbout1989 Resolution No. 003RESOWl'IOO 00. _d_ SERIES OF 1989 A RESOLl11'Ict-! APPROl/m3 A LICENSE AGREEMEm' BF:IWEEN THE CITY OF ENGLlll(X)D AND U.S. WEST CXMMIICATIOOS, INC. 'lU INSTALL A cnIDUIT UNDER THE S0(1!'H PLATl'E RIVER DRIVE BRIDGE AT LITI'LE DRY CREEK. WHEREAS, U.S . West camrunications, Inc. has requested permission to install conduit , buried cable and other appurtenances within the South Platte River Drive right-of-way, including attaching conduit to the bridge over Little Dry creek; NCM, 'l'HEREFam, BE IT RESOLVED BY THE CITY CXJUOCIL OF THE CITY OF ENGi.El=, COLORADO, AS FOLLC1.l'S : Section 1. 'l'1e License J\greerent between the City of Englewood, Col orado, and U.S. West cannunications, Inc. for installation of a:induit, buried cable and other appurtenances within the Soluth Platte River Drive right-of-way is hereby approved. 'Ille License J\greerrent is attached hereto and incorporated herein by reference. Section 2. '!1 1e Mayor and City Clerk are authorized to sign and attest said License Agreemen• for and on behalf of the City Council and the City of Engle.A:'Od, and the Dilc-.:tor of Engineering !.ervices as reccmrending the action. AOOPTED AA'D APPROVED the 3rd day of January, 1989. Patricia H. era,,, City Clerk I, Patricia H. Cra,i, City Clerk for the City ot Zl'lglewood, Colorado, hereby certify the above is a true copy of Resolution No • .d_, Series of 1989. Patricia H. era,, LICENSE AGRm!EN1' THIS LimlSE AGREEJ.1ENI', made this day of ~~----• 1989, is between the CITY OF ~, CXX£1WlO, 3400 S. Elati Street, Englewood, Colorad'.l 80110, (herein referred to as "City") and U.S. WEST ClM1UNICATI~S, INC., ===er------------------' (herein referred to as 11 Licensee 11 ) • WI'INESS!'TH '!he terni "Licensee" shall include att>loyees, agents and contractors of U. s. West Camrunications, Inc. '!he term "property" as used herein refers to real property and includes easements, rights-of-way, and other City interests in land and may saretirres be referred to herein as "City property." City, by these presents, without warranting title or interest, and subject to the covenants hereinafter set forth, d'.les hereby authorize l,icensee, its successors and assigns, to install two 4-inch conduits underneath the South Platte River Drive bridge at Little Dry Creek within the South Platte River Drive right-of-way, including core drilling through the north and south abut:Irents and attaching the conduit to the underside of the bridge and to install buried conduit within the right-of-way of South Platte River Drive as detailed in Exhibit "A" attached here to and made a part he r eof. '!he parti es hereto covenant and agree as follows: 1. Licensee, at l east five ( 5) ..:,rking days prior to the propoued date for cam,encerent of the ..:,rk hereby authorized, shall subni.t to City for its appr oval a duplicate set of final detailed plans of the instC1 Jlation Licensee proposes to construct, utilize , rrodify, repair, replace, or maintain hereunder . No construction will be permitted on t.he licensed premises ·111til City has approved the pl ans therefor. 2 . Licensee shall notify City at least two ( 2) ;,,orking dayc prior to carmencerent of the construction of, rrodifications or repairs to Licensee's ins tallation so t.'1at : .. r.y may make such inspections as it deens necessary. In the event of erergenc,,1 repairs required for safety ..,.. restoration of service to utility custarern, Licensee shall not be required to furnish notice prior to carmencing said repairs, but shal l notify the City of the nature and extent of any such emergency ,..:irk. 3. In grantin\1 this License, City reserves the right to make full use of the property invoi ved as may be necessary or convenient in the operation of the City, and City retains all right to operate, maintain, install, repair, renove or relocate any of its facilities located within City 's prope.tty at any tirre and i n such manner as it deens neces sary or conve rlient . In the event Licensee's installations should interfere with City's use or operation of its property, at any tirre hereafter, Licensee shall, upon request by City and at Licensee's sole expense, imrediately relocate, rearrange or remove its installation so as not to interfere with any such Ci ty use. 4. Licensee shall carplete its installation, clear the ar.ea of all con struction debris, and restore the area to its pre-existing condition within thirty ( 30) days fran the date of carmencerent of construction. In the event c l earing and restorat!.on of the area is not carpleted within the tlJne specified, City may carplete the ,.ork at the scle expense of Licensee. 5. All City roads -.tiich are disturbed by the construction of Licensee's instailation shall, within the tune prescribed in paragraph 4 hereof, be r estored to a condition satisfactory to the City. City roads disturbed by the reconstruction, maintenance, rrodification, operation, repair or replacerent of Licensee's facilities shall .imnediately be restored by Licensee to a condition satisfactory to the City. Restoration of roads shall include, but not be limited to, resurfacing. If restoration is not accooplished t y Licensee within the ti.me specified, City, at its elec:tion, may perform such restoration at T,icensee• s expense. Licensee shall conduct all construction, rrodification, operation , repai.r, replacerrent and maintenance of its installations in such a manner that City, at all tin-es, shall have full and carplete access to its property. 6. All trenches and excavations within City property shall be bac kfilled i.n the following manner: the trench or excavation shall be backfilled to the original ground line using only suitable rraterial. The backfill material shall be deposited in l ayers oot to e:<eeed eight (8) inches locse measure for the full width of the trench. Layers shall be brought up uniformly and coopacted with mechanical tanpers to ninety-five percent (95'1,) of Standard Proctor Maximlrn Density. The rroisture content of the rraterial shall be adjusted as required to secure the above density. The arro unt of watc•r t.sed shall be sufficii,nt to obtain the maximum density specified. 7. Licensee shall not trim or cut dOl;n any trees, shrubs, or brush on City s prr,::,erty without pe rmission of City. 8. Licensee wi 11 use all r ear-onable means t o prevent any loss or damage t o Ci ty or to others resu ltinc; fran the cons truction, rrodification, replace-- m:mt, repair , operat i on and ma i ntenance of Licensee's installations. Any r epair or replacement of any of the City's installations on its property rrade nece5sary , in the opinion of th,~ City, because of the construction, m::xiificat ion, operation, maint enance, repair or replacement o f Licensee's installation, s~ll be made only by City and at sole expense of Licensee. 9. Licensee shall inde!mify and save harmless City, its officers, €!1l'l oyees and ag~nts, against any and all c laims, damages, actions or causes of ac tion and expense to which it or they may be subjected by reason of Licensee 's installation being l ocated within and acr oss the property of the City or by reason of any 1,ork done or anission made by Licensee, its agents or ""{lloyees, i n connection with the construction, operation, rrodif ication , r epl acerrent , maintenance, repair or rem:;val of Lice nsee's installation. If the construction of all or any part of Licensee 's installation is to be perfonred by an independent contractor un6er contract with Licensee , Licensee shall so notify City and shall incorporate t he stipulations and conditions of this License into the contract specifications and cause said i ndependent contr actor to, prior to ccmrencerrent of the 1<0rk, be licensed and bonded in arrounts and with coopanies satisfac t ory t o City, >mi.ch wiH protect City fran any loss or dam>.ge r esulting fran the work perfonred by the contractor. -2- 10. All i,,ork aut.horized by this License, shall be perforned by Licensee at no expense to City and, except as otherwise, set forth herein, Licensee shall own and maintain its i "'stallation thereafter. 11. 'lhe rights and privileges granted in this License are subject to prior agreements, licenses and conveyances, recorded or unrecorded, and it s hall be Licensee's sole responsibility to determine the existence of any rights, uses or installations conflicting with Licensee's use of City's prq,erty hereunder and to resolve any conflict. 12. If Licensee does not use the right herein granted or its installation for a period of si:< (6) ronths , or if Licensee shall at any tiire fail or refuse to C01Tply with or carry out any of the conditions of this License, City may , at its election, revoke this License forthwith by written notice to Licensee in person or by mail at Licensee's last known address. Upon tennination of Licensee, Licensee shall have ten ( 10) days to remove its installation fran City's prq,erty. In the event Licensee does not reirove said installation within the tiire allowed, City, without incurring liability, may remove said installation at Licensee's expense . 13. Upon abandorurent of any right or privilege herein granted, the right of Licensee to that e:<tent shall terminate, but its obligation to indemnify and save harmless the City, its officers, enployees and agents, shall not terminate in any event. 14. 'lhe rights granted Ucensee here under may not be assigned withont the written consent of City. 15. City may, at any tiire by giving Licensee thirty (30) days ' written notice, terminate this Agreement. 16. Licensee shall cooply with alJ. applicable laws and ordinances and a ll rules, regulations and requirerrents. of any governrrental iluthori ty pranul gated thereunder controlling environ.,-ental standards and conditions of t he premises. If, as a result of Licensee's occupancy of the premises and its operations hereunder, any such law, ordinnnce, rule, regulation is violated, Licensee shall protect, save harmless , defend and indemnify City fran and ngainst any penalties, fines, costs and expenses , including legal fees and court costs incurred by City, caused by, resulting f ran or connected with such viol at i on or violations. 17. 'Illis License is subject to the foregoing conditions and to the following special conditions: Licensee rust obtain street cut pennit fran City of Englewood's Public Works Director and must COll)ly wi th all ordinance requirenents . -3- IN WI'INESS lf!ERWF, this License Agreerrent has been executed as of the day and year first above written. U.S. WES!' cn-MJNICATIOOS, INC. By _______ _ Title Attest: Title: CITI'. OF ~ I CXlLORl\DO By~~-~~~~----Susan Van Dyke, Mayor Attest: Patricia H. er™ I City Clerk Approved: Densel Ragland Director of Engineering Services -4- DAT! January 3, 1989 COUNCIL COMMUNICATION · AGENDA ITEK I I I SUBJECT License Agreement for Telephone Conduit and Buried Cable Installation 11 (g) I --------~------....L _________________ _ INITIATED BY Director t>f EnaJneering Services ACTION PROPOSE D Passage of Resolution approving the l : .... c :ise Agreement with 1.,.S . West Communications, Inc . for installation of telephone conduit and buried cable in South Platte River Drive. BACKGROUND ,A In conjunction with the Dartmouth/Santa Fe Im proveme nts to be constructed by the W Colorado Department of Highways, U.S . West Comm unications, Inc . has requested per- mission to install conduit, buried cable aud other appurtenances within t he South PIAtte River Drive right-of-way , including attaching conduit to the bridge over Lit- tle Dry Creek. This work reroutes existing underground te lephone cable that would othen,ise be disturbed during construction of the Dartmouth r l\ilroad bridge a nd other improvements . Tbe Agreement provides that the Contractor must be licen.,;ed and b onded and obtain a Str eet Cut Permit prior ~o construction, construction must commence within six months and once started , must be completed , it . .:luding restorat ion, within 30 days. A copy of the Agreement is &ttached . FINANCIAi. ':'here i s no transfer o f funds for thi s Lice nse Agreeme nt . REGOIIIIENDATION It is recommended that the License Agreement with U.S. We s t Communi ca tions, Inc. for installation of conduit and buried cable within the righ t-of-way of South Platte River Drive be approved .