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HomeMy WebLinkAboutResolution - 111270A - Street Use License - Gordono Rather & Joe Phillips - Original Town - 11_12_1970GSL;sw iat RESOLUTION 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 Gordon Rather and Joe Phillips, attached herewith which shall be spr( 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 ILh ATTEST: avenia'Lowg, ( City Secretary Treasurer PROVED: - -Jr., f STREET USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK i This indenture made this 18th day of November, 1070, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipality and JOE B. PHILLIPS, hereinafter called "GRANTEE". WITNESSETH; Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant unto GRANTEE, his heirs and assigns, as pro- vided below, the tight, privileges and license to construct and maintain a canopy with supporting columns, over the sidewalk area adjacent to Lots 13. 14, and 15. Block. 102, Original Town of Lubbock, Lubbock County, Texas. The sidewalk area covered by this license is T. 6 feet in width along Avenue J and 11 feet in width along Main Street as shown by the attached drawing which is incorporated and made a part herein and designated as Exhibit "A". 1. The term of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Council, and the CITY OF LUB- BOCK retains the right, at its election to cancel and revoke this license, with or without cause upon thirty (30) days notice to GRANTEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to GRANTEE at 818 Avenue J. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or abandonment of the license by the GRANTEE, 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 the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be re- moved such improvements and the expense incurred shall be assessed against GRANTEE for which GRANTEE shall be liable. a. GRANTEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of FIVE AND N0/I00 ($5.00) DOLLARS, 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 i of each succeeding year for the duration of this license. S. Payment of the annual fee provided above shall be made by GRANTEE to CITY OF LUBBOCK on January 1 of efash year of this license is in effect. Notice of such fee being due shall be sent to GRANTEE by the CITY OF LUB- BOCK and upon failure of GRANTEE to pay such fee within thirty (30) days fro-n receipt of such notice, the CITY OF LUBBOCK 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. 4. 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 and a permit secured from the City Engineer along with a band as described in Paragraphs 8 and 9 herein if required. b. The GRANTEE .Agrees to pay all costs arising out of the exercise of this license herein granted, tncluding but not limited to the replacement and re- pairing of paving, sidewalks, and utilities of any nature occasioned by the con- struction as authorized by this license. GRANTEE shall keep the street, alley and/or sidewalk under such construction in such condition and repair that it will be safe for use by the public and in it manner satisfactory to and approved by the City Engineer, and shall, at all times, comply with the ordinances of said CITY OF LUBBOCK regulating the use of space in the streets, alleys, and sidewalks of said CITY OF LUBBOCK. 6. In the event the CITY OF LUBBOCK determines that the existence of such use interfere with or causes the rerouting or realigning of any public utility,) franchised utility, or sanitary or storm sewer line constructed or to be construe ted by the CITY OF LUBBOCK or franchised utility, GRANTEE agrees to reim- burse the CITY OF LUBBOCK, or such utility as the case may be, for its iex- pence of much relocating or rerouting over and above the expense which would have been incurred except for GRANTEE. IS use herein. 7. This license is not transferable by GRANTEE, his heirs or assigns without first receiving the written consent of the City Council of the CITY OF LUBBOCK. 8. 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 com- plete any part of the construction as herein contemplated across any or all of the above set our property, then and in that event, said GRANTEE,, his heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUH- BOCK, 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 and use permilad herein. CITY OF LUBBOCK, at Its option, may 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 OF LUBBOCK 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 OF LUBBOCK may further require such contractor, whe engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to CITY OF LUBBOCK, a reliable surety bond, in an amount an in the form satisfactory to said CITY OF LUBBOCK. guaranteeing the faithful pe - formance of all of 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 OF LUBBOC , covering the contractual liability assumed by contractor in maid agreement with CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to GRANTS prior to incurring any costs or expenses or the payment of any such claims or de- mands in order to give GRANTEE a reasonable opportunity to settle or adjust t6 same. 9. GRANTEE agrees and is required to furnish a policy of public liability and property damage insurance. in the amount of $5, 000.00 using a stock insur- ance company. and in a form satisfactory to the City Attorney with the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 10. 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, his heirs 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 7. 11. GRANTEE, by the acceptance of the uses permitted herein, under- stands and agrees that no interest, title or rights or possesei on 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 cancellation of this license. CITY dF LUB K Lt4_ CRANBERRYjAWAYOR ATTEST: Approved as to form? /a Lavenla L we, City Secretar Treasurer Ered 0. Senter, 'Jr., City Attorney AGREED AND ACCEPTED this _ day of 1970. LICENSEE: TOE B. PHILLIPS THE STATE OF TEXAS I COUNTY (F LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for said County. Texas, on this day personally appeared T. 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 ex- pressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public, Lubbock County, Texas THE STATE OF TEXAS I COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared TOE B. PHILLIPS, known to me to be the person whose name is subscribed to the foregoing instrument and ack- nowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. Al GIVEN UNDER MY BAND AND SEAL OF OFFICE this day of ++ 1 1970.