17-R-109 - Agreement for temporary construction license accross property owned by SCUCISD in connection with the corbett tank projectRESOLUTION NO. 17 -R -109
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, APPROVING AND AUTHORIZING AN
AGREEMENT FOR A TEMPORARY CONSTRUCTION LICENSE
ACROSS PROPERTY OWNED BY SCHERTZ- CIBOLO- UNIVERSAL
CITY INDEPENDENT SCHOOL DISTRICT IN CONNECTION WITH
THE CORBETT TANK PROJECT, AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into an agreement for a Temporary Construction License across property owned by
Schertz - Cibolo- Universal City Independent School District (SCUCISD), a political subdivision
of the State of Texas (the "Licensor "), in the form attached hereto as Exhibit A (the
"Agreement "); and
WHEREAS, the City owns a piece of property most easily accessible across property
currently owned by the Licensor; and
WHEREAS, the City needs to gain access to its property on which it plans to construct
the Corbett Elevated Water Storage Tank, Ground Storage Tank, and Booster Station in order to
place material and prepare for development of the site; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the Agreement for Temporary Construction License.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with the Licensor in substantially the form set forth on Exhibit A and to
accept the Temporary Construction License in accordance with the terms of the Agreement.
Section 2. The recitals contained in the preamble hereof are hereby found, to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 28th day of November, 2017.
CITY OF SC RTZ, TEXAS
ael R. Carpenter, Mayor
ATTEST:
r
Brenda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
TEMPORARY CONSTRUCTION LICENSE
RESOLUTION 17 -R -109 EXHIBIT A
3. Rikhts Reserved. Licensor retains, reserves and shall continue to enjoy the use of the License
Property for any and all purposes, including, without limitation, the right of ingress and egress.
4. No Third Party Beneficiary. This License inures to the benefit of and obligates only the parties
executing it. No term or provision of this License shall benefit or obligate any person or entity not a party to it.
The parties hereto shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit,
protection, release or other consideration under this License.
5. Severability. In the event that any of the terms or conditions of this License shall be deemed invalid,
illegal, or unenforceable in any respect, the validity of the remainder of this License shall in no way be affected and
shall remain in full force and effect to the fullest extent permitted by law.
6. Governing Law. This License shall be governed by and interpreted under the laws of the State of
Texas. Venue is in the County where the License Property is located.
7. Counter arts. This License may be executed in multiple counterparts, each of which shall be
deemed to be an original, but all of which together, shall constitute one and the same instrument.
8. Care. Licensee agrees to use due care in any use of the License herein granted and in the
construction, installation, repair, replacement and maintenance of Licensee's improvements and the License
Property as provided for herein so as not to unreasonably disturb Licensor's use of its property.
9. Indemni . To the extent allowed by the laws of the State of Texas Licensee will hold Licensor
harmless from, and defend Licensor against, any claims, losses, causes of action, and suits which arise from
Licensee's, its agents', employees' or invitees' acts or omissions, including but not limited to the use of the License
herein granted and will indemnify Licensor for any losses suffered due to any such claims, losses, causes of action
or suit, excluding any negligence or misconduct by Licensor, its agents, employees or invitees.
REMAINDER OF PAGE LEFT BLANK
SIGNATURES TO FOLLOW
By:
EXHIBIT A
to
TEMPORARY CONSTRUCTION LICENSE
Licensor's Tract/ Licensee's Tract/ Temporary Construction License
See Attached
EXHIMT A
Paue 2 of 2
{
1
3
Date: March fit , 2017
Pro
j ect o: H 24.880 101
Exhibit A
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EXHIBIT A Exhibit A2
Exhibit
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