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HomeMy WebLinkAboutResolution - 121770B - Street Use License - Johnny Splawn - Original Town - 12_17_1970IZ1990 3 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 Johnny Splawn, 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 a part of this Resolution as if fully copied herein iy,detail. Passed by the City Council this 17th day of`/ ,4cember , 1970. ATTEST: Lav nia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: Senter, Jr., City me STREET USE LICENSE THE STATE OF TEM4S S COUNTY OF LUBBOCK ¢ This indenture made thf-s 17 day of DEC 1970, be- tween the CITY OF LUBBOCK, TEXAS, ,, a Home Rule Municipal Corporation, and JOHNNY SPLANM. hereinafter called "GRANTEE". WITNESSETH: 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, privileges and license to occupy and maintain a portion of the street.being described as an area 8 inches, more or less, by 27.+0 feet, more or less, along the east side of Texas Avenue adjacent to the West line of Lot 4, Block 88, Original Town, 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. 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. 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 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, ad- dressed to GRANTEE at 3413 Canyon Road. 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 LUB- BOCK, 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 NO/100 DOLLARS ($5.00) per year for the duration of this license, with the first year payable on execution of this instrument and a life sum payable on January list of each succeeding year for the duration of this license. 8. Payment of the annual fee provided above, except the initial pay- ment shall be made by GRANTEE to CITY OF LUBBOCK on January lot 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 (30) 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. 7. The GRANTEE agrees to pay all costs arising dut 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. S. In the event the CITY OF LUBBOCK determines that the existence of such use interfers 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 GRANTEES use herein. ll. This license is not transferable by the GRANTEE without first recei- ving the written convent 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 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 or 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, ht 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, 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 faith- ful 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 contractor in s aid 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 opportunity 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 foray sRtls- factory 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 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 hereto, 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 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 cancell- ation of this license. CITY OF LUBBOCK Gi, 1 J. 1. *GRANBEI�#T, MAYOR ATTEST: Mvenia Lowe, City Secretary -Treasurer AGREED TO AND ACCEPTED THIS DAY OF 1970. LICENSEE: JOHNNY SPLAWN APPROVED:AS TO FORM: Fred O. Seater, Jr., City ttorney APPROVED: Sam Wahl, Director of Public Works THE STATE OF TEXAS f COUNTY OF LUBBOCK f BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared J. H. GRANBERRY, mown to me to be the person whose name is subscribed to the foregoing in- strument and acknowledged to the 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 of , 1970. Notary Public, Lubbock County, Texas THE STATE OF TEXAS S COUNTY OF LUBBOCK § BEFORE ME the undersigned authroity, a Notary Public in and for said County, Texas, on this dap personally appeared JOHNNY SPLAWN, known to me to be then person whose name is subscribed to the foregoing instrument and acknowledged to me that be executed the same for the purposes and consid- eration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day Of , 1970- otary Public, Lubbock County, Texas