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HomeMy WebLinkAboutResolution - 111970I - Street Use License - Bible Baptist Church - Travis Tubbs Addition - 11_19_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 Bible Baptist Church of Lubbock, Incorporated, 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 mart of this Resolution as if fully copied herein in detail, A Passed by the City Council this 19th d6f/ i,'November 1970, ATTEST: Lav is Lowe, City Secretary»Treasurer APPROVED: er, jr., STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made thiss 19 day of Nov - .- 1970, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and the BIBLE BAPTIST CHURCH OF LUBBOCK, INCORPORATED, 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 an unpaved parking area within a portion of 8th Street being described as a tract 80 feet by 300 feet adjacent to the North line of Lot A, Travis Tubbs 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 ri&t-of-way. S. 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 LU13BOCK 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 802 Frankfort. 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 con- dition at no cost or expense to the CITY OF LUBBOCK. In the event GRANTEE fails or refusese to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LU13BOCK 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. 4. GRANTEE shall pay to the CITY OF LUBBOCK 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 sung payable on January lot of each succeeding year for the duration of this license.. 5. Payment of the annual fee provided above, except the' initial payment, shall be made by GRANTEE to CITY OF LUBBOCK on January let of each year this license is in effect. Notice of such fee being due shall be sent by the CITY OF LUBBOCK to GRANTEE and upon failure of GRANTEE to pay such fee within thirty (SO) 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. C. 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. 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- rr,ent and repairing of paving. sidewalks and utilities of any nature occasioned by the construction as authorized by this license, 8. 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 -r-relocating or re-routing over and above the expense which would have been incurred except for GRANTEEIS 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 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 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 stature which mr-y grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contrac- tors 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- c erring 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. il. 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. THE STATE OF TEXAS $ COUNTY OF LUBBOCK 6 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 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 consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MYHAND AND SEAL OF OFFICE this day of , 1970. Notary Public, Lubbock County, Texas. THE STATE OF TEXAS $ COUNTY OF LUBBOCK $ BEFORE ME the undersigned authority, a Notary Public in and for said County, Texason this day personally appeared PAUL L. EARP, Pastor of the BIBLE BAPTIST CHURCH OF LUBBOCK. INCORPORATED, 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 BIBLE BAPTIST CHURCH OF LUBBOCK, 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. Notary Public, Lubbock County, Texas. 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 in Paragraph (0). 1s. GRANTEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or 'rights or 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 herein upon term- ination or cancellation of this license. CITY OF LUBBOCK J. H. G NBERRY, YOR ATTEST-. , Laventa Lowe, City Secrete y-Treasurer AGREED TO AND ACCEPTED THIS DAY OF , 1970. LICENSEE: BIBLE BAPTIST CHURCH OF LUBBOCK, INCORPORATED BY: Paul L. Earp, Pastor ATTEST: Secretary APPROVED: Gam' Fred O. Senter, Jr., C Attorbey APPROVED: Sam Wahl, Director of Public Works