Loading...
HomeMy WebLinkAboutResolution - 040970B - Street Use License - P.E. Collette - Ellison Addition - 04_09_1970RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorize and directed to execute for and on behalf of the City of Lubbock a Street Use License in favor of P. E. Collette, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of April , 1970. ATTEST: r Laveni Lowe, City S cretary-Treasurer APPROVED: --; _.6 W-..f - red O. Senter, Jr., City A or ey .I (�, 76 CN�FRANCE Zi Ito sRry L,iNr � I of I I ' 3�6 �-.J $rc- p—, (AFFOK1 -rEX-A G �-) V.C- I V AR )-d--na.�O. q _J_4t�� L'U`-��� 2BO Z STREET USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK This indenture made this day of , 1970, between the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called "City„ and P. E. Collette, hereinafter called "Grantee". V� ITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas, does hereby grant unto Grantee, his successors and assigns, the right, privileges and license to construct, occupy and maintain entrance steps and improvements incidental thereto located in front of said property abut- ting Texas Avenue and described as follows: 8 feet Wither side of the center line of Lot 1, Block 2, J. V.. Ellison Addition to the City of Lubbock, Texas, and extending 2 feet into the dedicated park way belonging to the City of Lubbock, i.ubli oek County, Texas. 1. A drawing, designated Exhibit "A" to attached hereto and made a part hereof and the use ,granted hereby is limited to that shown on such drawing. All costs for improvements, shall be paid by Grantee. 2. The term of this grant shall be for twenty (20) years from the date of adoption hereof and thereafter for a period running from month to month at the will of the City. 3. Prior to any construction as authorized by this license, the Grantee shall submit to the City Engineer plans and specifications for the construc- tion to be drone, and the Grantee shall not commence construction until such plans .and specifications are approved by the City Engineer and a permit secured from the City Engineer along with a bond as described in paragraph 8 herein if required. 4. The Grantee agrees to pay all costs arising out of the exercise of the license herein granted, including but not limited to the replacement and repairing of paving, sidewalks, and utilities of any nature occasioned by the construction as authorized by this license. Grantee shall keep he street and/or sidewalk over such construction in such condition and repair that it will be safe for use by the public and in a manner satisfactory to and approved by the City Engineer, and shall at all times comply with the Ordinances of said City reg- ulating the use of the alleys, and sidewalks of said City. �. 10. Grantee, by the acceptance of the uses permitted herein, under- stands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth heroin and Grantee waives any and all claims in and to the public way he is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or can- cellation of this license. CITY OF LUBBOCK W. D, ROGERS, JR., MAYOR ATTEST: Laventa Lowe, City Secretary -Treasurer AGREE TO AND ACCEPTED this day of 1970. Byt P. E. COLLETTE 5, to the event the City determines that the existence of such use Interferes with or caused the re-routing or re -aligning of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the City or franchised utility, Grantee agrees to reimburse the City of Lubbock, or such utility, as the case may be, for its expense of such relocating or re-routing over and above the expense which would have been incurred except for Grantee's use herein. 6, This license is made subject to the condition that should the Grantee his successors or assigns, exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated, across any and all of the above set out property, then and in that event said Grantee, his successors or assigns, will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants, and employees harm- less frorn any and all claims, demands, actions, causes of action, suits at law, or in equity of whatsoever kind or nature which may grow out of or, be related to the making of this license or the construction or maintenance herein contemplated, and will further replace or repair any damage and paylin full all losses or expenses that the City of Lubbock may sustain, incur, or become liable for resulting in any manner from the construction, maintenance and use permitted herein. City, at its option, array require an agreement with any contractors hired by Grantee to perform the construction, repair or maintenance permitted herein, which agree- ment will indemnify the City from and against all claims, liability, cost and ex- pense growing out of the performance of the work to be done by such contractor. The City may further require such contractor to furnish, without expense to City, a reliable surety bond, in an amount and in the form satisfactory to said City, guarantaeeing the faithful performance of all the terms, covenants and conditions containdd in said agreement and a certified copy of a policy of public liability and property damage insurance within limits specified by, and in a form satis- factory to, said City, =vering the contractual liability assumed by contractor In said agreement with City. 1. The construction and the uses permitted hereby shall be per- petually maintained by Grantee, his successors and assigns, in a manner acceptable to theCity and the failure to so maintain shall constitute grounds for cancellation of this license if the City so elects and the City may, upon such cancellation, require removal of the improvements or assume title and control of such Im- provements and continue to maintain them as City property with no restrictions. 1� . At such time as this license should be canceled or revoked for any reason, after the expiration of the primary term, the improvements that are permitted under this license shall be removed by the Grantee, and the property restored to its original condition at no cost or expense to the City of Lubbock. In the event Grantee fails or refuses to remove such improvements after demand by City, the City shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against Grantee for which Grantee shall be liable. '!i. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns, and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the Grantee, his successors or assigns, shall be binding upon the Citr of Lubbock without the consent of the City of Lubbock in each instance.