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HomeMy WebLinkAboutResolution - 081370C - Street Use License - LBK National Bank - Original Town - 08_13_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 authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License in favor of Lubbock National Bank 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 13t ATTEST: Lav nia Lowe, Cit _Secretary -Treasurer APPROVED: J Fred O, Seriter, Jr., Attorney STREET USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK X This indenture made this 13th day of August , 1970, between the CITY OF LUBBOCK, Texas, a Home Rule Municipality, hereinafter called "City" and the LUBBOCK NATIONAL BANK, a National Banking Corporation, hereinafter called "Grantee". WITNESSETH; Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas, does hereby grant unto Grantee the right, privileges and license to construct, occupy and maintain the uses stated below to be located within portions of loth Street and Texas Avenue abutting Lots 9 and 10, Block 88, Original Town, Lubbock, Lubbock County, Texas as more particularly shown and described on the drawing hereto incorporated and made a part hereof. The uses permitted under this license are described as the installation and/or construction of flower boxes and brushed concrete sidewalks as shown in the attached drawing. (1) Grantee shall be responsible for the pruning and/or shaping of the plants and shrubs planted in or imme- diately adjacent to the public right of way covered in this license, to insure that the alleys, sidewalk areas and streets remain free of obstruction so as not to obstruct ingress and egress and passage through these public areas. (2) Construction in the public Right of Way covered by this License shall not begin until such time as the City of Lubbock has completed necessary modifica- tions to storm drainage system approximately 60.0 feet East of the intersection of loth Street and Texas Avenue on the North curb of loth Street. (3) Curb and gutter sections, and curb and gutter and sidewalk grades shall be as specified by the City Engineer. (4) The City reserves the right to install or remove traffic control signs or devices, parking control signs, parking meters, or any other item incident to the control or regulation of traffic and normally installed in the street right of way. (5) 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. {6) _ Grantee shall pay to the City as a compensation for such grant the sum of FIVE AND N0/100 DOLLARS ($5.00) per year for the duration of this license, with the first year payable on execution of this instrument and a like sum payable on January 1st of each succeeding year for the duration of this license. (7) Payment of the annual fee provided above, except the initial payment, shall be made by Grantee to the City on January 1st of each year this license is in effect. Notice of such fee being due shall be sent by the City to Grantee and upon failure of Grantee to pay such fee within thirty (30) days from receipt of such notice, the City shall consider such non-payment as a default in this license, and the City Council shall determine whether such license shall be considered forfeited and may elect to demand vacation by Grantee. (8) Prior to any construction as authorized by this license, the Grantee shall submit to the City Engineer plans and specifications for the construction to be done, and the Grantee shall not commence construction until such plans and specifications are approved by the City Engineer. (9) 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. (lq In the event the City determines that the existence of such use interferes with or causes the re-routing or re -alignment 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. (11) This license is not transferable by the Grantee without first receiving the written consent of the City Council of the City of Lubbock. (12) This license is made subject to the condition that should the Grantee exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said Grantee, its successors and assigns, will at all times defend, indemnify and other wise hold the City of Lubbock, its agents, servants, and employees harmless from any and all claims, demands, actions, causes ,0.1 action, suits at law or in equity whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. City, at its option, may require an agreement -2- with any contractors hired by Grantee to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the City from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The City may further require such contractor, when engaged in the con- struction, repair or maintenance permitted herein, to furnish, without expense to City, a reliable surety bond, in an amount and in the form satisfactory to said City, guaranteeing the faithful performance of all the terms, covenants and conditions contained 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 satisfactory to, said City, covering the contractual liability assumed by contractor in said agreement with City, The City agrees to give notice to Grantee prior to incurring any costs or expenses or the payment of any such claims or demands in order to give Grantee a reasonable opportunity to settle or adjust the same, (13) At such time as this license should be canceled or revoked for any reason, before or after the expira- tion 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. (14) All of the covenants and provisions of this license shall be binding upon and insure 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, its successors or assigns shall be binding upon the City of Lubbock without the consent of the City of Lubbock in each instance except as specified in Paragraph (13). -3- Grantee, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and Grantee waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or, ATTEST: L venia Lowe, ity Secretary -Treasurer AGREED TO AND ACCEPTED this day of �C''�o/Se�r. , / y 7a , LICENSEE: THE LUBBOCK NATIONAL BANK By: ATTEST: n � z A�VED: -Y,— z t. , �e -a - . Fred 0. enter, •Jr., City AttqjOeSr APPROVED: THE STATE OF TEXAS I COUNTY OF LUBBOCK X BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared J. H. GRANBERRY, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13th day of August 1970. (SEAL) Notary Public, Lubbock County, Texas THE STATE OF TEXAS I COUNTY OF LUBBOCK X BEFORE ME, the undersigned authority, a Notary Public in/and for said County, Texas, on this day personally appeared known to me to be the person whose name is subs ibed to the foregoing i tru- ment and acknowledged to me that he executed the same as the act and deed of the LUBBOCK NATIONAL BANK, a National Banking Corporation, for the pur- poses and consideration therein expressed and in the capacity therein stated. 7 GIVEN UNDER MY HAND AND SEAL OF OFFICE this ZY, day of �e—,e� 1970. (SEAL) NoVary Public, Lubbock, County, Texas