Loading...
HomeMy WebLinkAboutResolution - 120370D - Street Use License - H.H. Brady - Suburban Homes Addition - 12_03_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 H. H. Brady, attached herewith which shall be spread upon the minute of the Council and as spread upon the mihutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. APPROVED; STREET USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK I This indenture made this 3rd day of December, 1970. between the CITY OF LUBBOCK. TEXAS, a Home Rule Municipal Corporation, and H. H. BRADY, hereinafter called "GRANTEE". WITNEiSSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK. TEXAS, does hereby grant unto the GRANTEE, his heirs and assigns the right, privleges and license to occupy and maintain a portion of the street being described as an area 6.5 feet by 71.00 feet along the South side of 44th Street adjacent to the North line of Lot 1, Block 21, Surbprban Homes Addition to the City of Lubbock, Lubbock County, Texas. 1. A drawing of the use is attached hereto and made a part hereof and the use granted hereby is limited to that shown on such drawing. In the future, should GRANTEE re -build or restore the existing major structure abutting the street then, in such event, the structure shall be constructed with regard to the building set -back requirements in force at that time. 2. The CITY OF LUBBOCK reserves the right to install or remove traffic control sighs 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 or until the Improve- ment located within the area herein above described is abandoned or recon- structed, whichever is shorter, at which time this license shall be termin- ated. Upon expiration and revocation of this license according to the terms hereof, 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, his heirs or assigns, fail or refuse to remove such im- provements 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. 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 alike sum payable on January lot of each succeeding year for the duration of this license. 6. Payment of the annual fee provided above, except the initial pay- ment shall be made by GRANTEE to CITY OF LU13BOCK on January lot of each year this license is in effect. Notice of such fee bldng due shall be sent by the CITY OF LUBBOCK to GRANTEE and upon failure of GRANTEE to pay ouch fee within thirty (80) days from receipt of such notice, the CITY OF LUB- BOCK 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 City Engineer. 9. The GRANTEE agrees to pay all costs arising out of the exercise of the license herein granted, including 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. 8. In the event the CITY OF LUBBOCK determines that the existence of such use interfere with or causes the re-routing or re -alignment of any pub- lic utility, franchised utility, or sanitary or storm sewer line constructed 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 re -locating or re-routing over and above the expense which would have been incurred except for GRANTEE'S use herein. 8. 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 com- plete 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, his heirs and assign will at all times defend, indemnify and otherwide 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 construc- tion or maintenance and use permitted herein. The 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 an 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 the 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 agree- ment and a certified copy of a policy of public liability assumed by contracbr in said agreement with the 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 demands in order to give GRANTEE a reasonable opportun- ity to settle or adjust the same. 11. 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 CIT! 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 representatives, 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 hereton, but no assignment hereof by the GRANTEE, his heirs and 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 (9). 13. GRANTEE, by the acceptance of the uses permitted herein, under- stands 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 herby and agrees to give peaceful possession of said property covered herein upon termination or cancell- ation of this license. CITY OF LUBBOCK J. H. GRANBERRY, YOR ATTEST: Lavenia Lowe, City Secretary -Treasurer AGREED TO AND ACCEPTED THIS DAY OF , 1970. LICENSEE: IL H. BRADY APPROVED: Fred O. Senter, Jr., City orney APPROVED: Sam Wahl, Director of Public Works THE STATE OF TEXAS COUNTY OF LUBBOCK X BEFORE ME, the undersigned authority, a Notary Public in and for said County. Texas, on this day personally appeared J. H. GRANBERRY, known to )ne 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 con- sideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of1970. 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 H. H. BRADY, known to me to be the person whose name is subscribed to the foregoiiginstrument and acknowledged to me that executed the same for the purposes and consid- eration therein expressed and in the capacity therein N ted. GIVEN UNDER MY MND AND SEAL OF OFFICE this day of , 1970. Notary Public, Lubbock, Coutny, Texas �I