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HomeMy WebLinkAboutResolution - 091070B - Street Use License - Hall Foundries & Manufacturing Inc - Arthur Addition - 09_10_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 Hall Foundries and Manufacturing, Incorporated attached herewith which shall be spread upon the minutes of the Council and as spread upon the min- utes of this Couldil shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 1 ATT EST : LaxAenia Lowe, Cit Secretary -Treasurer APPROVED: red O. Senter, Jr., STREET USE LICENSE THE STATE OF TEXAS i COUNTY OF LUBBOCK I This indenture made this loth day of September 1O70. be- tween the City of Lubbock, Texas a Home Rule Municipality, here�insfter called "City" and Hall Foundries and Manufacturing. incorporated, hereinafter called "Grantee". WITNESSETH: Subject to the terms, conditions and provitlions herein, the City of Lubbock, Texas, does hereby grant unto Grantee, its successors and assigns. the right, privileged and license to construct, occupy and maintain a loading dock abutting the entrance of said property of Elm Avenue and being described as follows- 6 feet 3 inches either side of the center line of an entrance door with a 20.0 foot ramp extend- ing to the South. Dock and ramp will extend in- to the dedicated parkway 3. 0 feet of Lot 1, Arthur Addition to the City of Lubbock, Lubbock County, Texas. 1. Drawings designated Exhibit "A" are attached hereto and evade a part hereof and the use granted hereby is limited to that shown on such drawings. All costs for improvements, shall be paid by grantee. Z. 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. S. Prior to any construction as authorized by this license, the Grantee shall submit to the City Engineer plans and specifica- tions for the construction to be done, 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 6 herein if required. 4. The Gr&ntee agrees to pay all costs arising out of the ex- ercise 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 the 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 regulating the use of the alleys. and sidewalks of said City, B. In the event the City determines that the existence of such use Interferes with or causes the re-routing or re -aligning of any public utility, franchised utility, or storm sewer line con- structed 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 -rousting over and above the expense which would have been incurred except for Grantee's uzeaherein. S. This license is made subject to the condition that should the Grantee, its 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, its successors or 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 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 pay in full'all losses or expenses that the Cite 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, may require an agreement 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 con- tractor. The City may further require such contractor to furnish, without expense to City, a reliable surety bond, its an amount and in the form satisfactory to said City guaranteeing the faithful per- formance 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. 4: 4. The construction and uses permitted hereby shall be per- petually maintained by Grantee, its successors and assigns, in a manner acceptable to the City 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 improve- ments and continue to maintain them as City property with no re- strictions. 8. At such time as this license should be canceled or revoked for any reason, after the expiration of the primary term, the Improve- ments 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 eater possession, and remove or cause to be removed such Improvements and the expense incurred shall be assessed against Grantee for which Grantee shall be liablb. 6. 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 authorised 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. 10. Grantee, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied eseept those expressly set forth herein 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 cancellation of this license. CITY OF LUBBOCK J. H. GR NBERRY. OR ATTEST: .IjRkev; 64� Lavenia Lowe, City Secretary- reasurer BALL FOUNDRIES & MANUFACTURING, INC. JAMES R. HALL, PRESIDENT ATTEST: THE STATE OF TEXAS I COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority,-ia Notary Public in and for said County, Texas, on this day personally appeared J. IL GRANBERRY, known to me to be the person whose name is subscribed to the foregoing in- strument 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 consid- eration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of _ _ _ , 1970. (SEAL) Notary Public, Lubbock, County, Texas THE STATE OF TEXAS I COUNTY OF LUBBOCK I BEFORE MF., the undersigned authority, a Notary Public in and for said County. Texas, on this day personally appeared JAMES R. HALL, known to me to be the person whose name is subscribed to the foregoing in- strument and acknowledged to me that he executed the same as the act and deed of the BALL FOUNDRIES AND MANUFACTURING, INCORPORATED, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day Of :, 1970. (SEAL) Notary Public, Lubbock. County,- Texas