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HomeMy WebLinkAboutResolution - 111970K - Street Use License - Townsend Strong Inc - University Avenue - 11_19_1970lev 11 RESOLUTION E IT RESOLVED BY THE CITY COUNCILE 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 Townsend -Strong, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the inutes of this Council shall constitute and be a part of this Resolution as if f 1 copied herein in detail. Passed by the. City Council this 19th da November 1970, ATTEST: Lave is Lowe, City Secretary -Treasurer APPROVED: 4 /7 d O. Senter, Jr., Elm STREET USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK ( This indenture made this o day of MW . 1970. between the CITY OF LUBBOCK, EX S, a Home Rule Municipality, and TOWNSEND-STRONG, INC., hereinafter called "GRANTEE". WITNESSETH: Subject to terms, conditions and provisions herein, the CITY OF LUB- BOCK does hereby ,grant unto the'GRANTEE, its successors and assigns the right, privileges end license to construct, occupy and maintain a driveway and concrete bumper rail within a portion of the public parkway being described as beginning approximately fifty (50.00) feet south of the south curb of 70th Street and six (6.00) feet east of the east curb line of University Avenue; Thence south eighty (80.00), more or less. in the City of Lubbock, Lubbock County, Texas. 1. A drawing of such construction and use is attached hereto and made a part hereof and the use granted hereby is limited to that shown on such draw- ing. The GRANTEE is prohibited from the parking of vehicles or storage of vehicles or equipment on the licensed premises. 2. 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 1320 East Broadway. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or abandonment of this 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 removed such improvements and the expense incurred shall be assessed against GRANTEE for which GRANTEE shall be liable. S. MANTEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of FIVE AND NO/100 ($5.00) DOLLARS, per year for the duration of this license, with the first year payable on execution of this Instru- ment and a like sum payable on January 1 of each succeeding year for the dura- tion of this license. 4. Payment of the annual fee provided above shall be made by GRANTEE to CITY OF LU13BOCK on January 1 of each year of this license is in effect. Notice of such fee being due shall be sent to GRANTEE by the CITY OF LUBBOCK and upon failure of GRANTEE to pay such fee within thirty (30) days from receipt of ouch notice. the CITY OF LUBBOCK shall consider such non-payment sa 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. 11. 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 authroired 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 B. 12. GRANTEE, by the acceptance of the uses permitted herein, under, stands and agrees that no interest, title or rights or 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 cancellation of this license. CITY OF LUBBOCK e� �.. H. G ANBERRY, AYOR ATTEST: Approved as to form Lavenia L e, � ity Sebret Treasurer ed O. Senter, Jr. City Attorney AGREED TO AND. ACCEPTED this day of 1970. LICENSEE: TOWNSEND-STRONG,, INC. ATTEST: THE STATE OF TEXAS I COUNTY OF LUBBOCK I BBFOREME, the undersigned authority, a Notary Public in and for said County, Texas, an 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 ex- pressed, and in the capacity therein stated. GIVEN UDDER MY HAND AND SEAL OF OFFICE this day of , IB70. Notary Public. Lubbock County, ,Texas 6. Prior to any construction as authorized by this license, the GRANTEE shall aut nit 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 bond as described in Paragraphs p and Wherein if required. S. The GRANTEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and re- pairing of paying, 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 a 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. T. 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 storms sewer line constructed or to be construc- 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 ex- pense of such relocating or rerouting over and above the expense which would have been incurred except for GRANTEE'S Use herein. B. 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. 6. This license is made subject to the condition that should GRANTEE exercise any right under the license herein granted and prepare or begin or com- plete any part of the construction as herein conternplated across any or all of the above set out property, then and in that event. said GRANTEE, his heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUB- 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 permitted 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 egree- 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. when engaged in the construction, repair or maintenance 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 per- forvian,:e of all of the terns, 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 LUBBOCK, covering the contractual liability assumed by contractor in said agreement with CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to GRANTEE prior to incurring any costs or expenses or the payment of any such claims or de- foands in order to give GRANTEE a reasonable opportunity to settle or adjust the same. 10. GRANTEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satis- factory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCKAs the insured, said policy covering the uses herein granted. 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 know 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 TOWNSEND-STRONG, INC., and as 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