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HomeMy WebLinkAboutResolution - 111270G - Street Use License - Methodist Hospital - Frances Place Addition - 11_12_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 Methodist Hospital, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall con- stitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12thday of tbV6ber , 1970. RRY, ATTEST: Lavema Lowe, City: Secretary -Treasurer APPROVED: UC, _ red O. Senter, Jr., CityjA orney STREET USE LICENSE THE STATE OF TEXAS 1 COUNTY OF LUBBOCK L This indenture made this 12 day of NW 1970, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipality, and the METHO- DIST HOSPITAL, LUBBOCK. TEXAS, a Texas Corporation, hereinafter called "GRANTEE:". WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK, TEXAS, does hereby grant unto the GRANTEE, its successors and assigns the right, privileges and license to construct, occupy and maintain a concrete bumper rail along a 1. b feet by 220 feet parcel of the parkway abutting the North side of 21st Street adjacent to the South line of Lots 9, 10, and 11, Block 2, Frances Place Addition to the City of Lubbock, Lubbock County, Texas. 1. A drawing of such construction is attached hereto and made a part hereof and the use granted hereby is limited to that shown on such drawing. 2. The CITY OF LUBBOCK 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. 3. The terms 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 LUBBOCK retains the right, at its election to cancel and revoke this license, w ith 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 3615 19th Street. Upon expiration or cancellation and revokation of this license by the CITY OF LUBBOCK or the abandonment of the license by the GRANTEE, the improvements that are permitted under this license shall be removed by the GRANTEE and the property shall be 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 removed ouch improvements and the expense incurred shall be assessed against GRANTEE for which GRANTEE shall be liable. d. GRANTEE shall pay to the CITY OF LUBBOCK as a com- pensation for such grant the sum of FIVE AND N01100 DOLLARS ($6. 00) per year for the duration of this license, with the first year payable on execution of this instrument and alike sum payable on January let of each succeeding year for the duration of this license. b. Payment of the annual fee provided above, except the initial payment, shall he made by GRANTEE to VITY OF LUBBOCK on January let of each year thin license is in effect. Notice of such fee being due shall be vent by the CITY OF LUBBOCK to GRANTEE and upon failure of GRANTEE to pay such fee within thirty (30) days from 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. 6: 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 taffy Engineer. 7. The GRANTEE agrees to pay all costs arising out of the exercise of the license herein granted, including but not limited to the replace- ment and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 6. In the event the CITY OF LUBBOCK 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 con- structed or to be constructed by the CITY OF LUBBOCK 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. 9. ' This license is not transferable by the GRANTEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 10. This license is made subject to the condition that should the GRANTEE exercise vmy 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 otherwise 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 and use permitted hbrein. The CITY OF LUBBOCK, at its option, may require an agreement with any contract- ors hired by GRANTEE to perform the construction, repair or maintenance per- mitted herein, which agreement 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, when engaged in the construction, repair or main- tenance permitted herein, to furnish, without expense to CITY OF LUBBOCK. a reliable surety bond, in an amount and in the form satisfactory to said CITY OF LUBBOCK, 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 assumed by contractor in said agreement with the CITY OF LUB- BOCK. The CITY OF LUBBOCK agrees to give notice to GRANTEE prior to in- curring 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. it. GRANTEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 12. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representa- tives, 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 with- out the consent of the CITY OF LUBBOCK in each instance except as specified to Paragraph (9). 18. GRANTEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are in- tended 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 here in upon term- ination or cancellation of this license. CITY OF, LUBBOCK J. H. G Y, ' OR ATTEST: ^ \ Laventa Lowe, City Secretary Treasurer AGREED TO AND ACCEPTED THIS DAY OF , 1970. LICENSEE: METHODIST HOSPITAL BY: ATTEST: APPROVED: Fred O. Senter, Jr., City Attorney APPROVED: Sam WhM, Director of Public Works THE STATE OF TEXAS f COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for sei d County, Texas, on this day personally appeared J. H. GRANBERRY, known to me to be the person whose name is subscribed to the foregoing instru- ment and acknowledged to me that he executed the same as the act and dedd 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 day of , 1070. Notary Public, Lubbock. Coeinty, Texas THE STATE OF TEXAS COUNTY OF .LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County. Texas, on this day personally appeared , of METHODIST HOSPITAL, LUBBOCK, TEXAS, a Texas Corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to rrxe that be executed the same as the act and dedd of METHODIST HOSPITAL, LUBBOCK, TEXAS, a Texas Corporation, 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. Notary Public, Lubbock County, Texas