HomeMy WebLinkAboutResolution - 2011-R0205 - Street Use License - Lubbock Bail Bonds - Canopy Over Main Street - 05/10/2011Resolution No. 2011-RO205
May 10, 2011
Item No. 5.5
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 for a
canopy above a portion of Main Street, by and between the City of Lubbock and Lubbock
Bail Bonds, and all related documents. Said License is attached hereto and incorporated
in this Resolution as if fully set forth herein and shall be included in the minutes of the
City Council.
Passed by the City Council this May 10 , 2011.
TOM MARTIN, MAYOR
ATTEST:
Reb6cca Garza, City
APPROVED AS TO CONTENT:
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
-4 - /--Ji - �—" � �
Chad Weaver, Assistant City Attorney
g/ccdocs/St Use Lic-Lubbock Bail Bonds. res
10.28.10
Resolution No. 2011-RO205
STREET USE LICENSE
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
This License made this 10tH day of May , 2014; being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal
Corporation, and Lubbock Bail Bonds, Lubbock County, Texas, hereinafter called
"LICENSEE."
WITNESSETH:
Subject to the terms, conditions, and provisions herein, the CITY OF LUBBOCK does hereby
grant to the LICENSEE, the right, privilege and License to use a portion of dedicated street to
construct and maintain a canopy above a portion of Main Street described as follows:
Beginning at the Southwest corner of Lot 11, Block 105, Original Town
Addition to the City of Lubbock, Lubbock County, Texas;
THENCE 9 feet South;
THENCE 50 feet East;
THENCE 9 feet North;
THENCE 50 feet West to the Place of Beginning.
The term of this License shall be for five (5) years from date hereof, and shall be
automatically extended for successive five (5) year terms not to exceed twenty (20) years in any
event unless either party shall give written notice of termination to the other party sixty (60) days
before the expiration of the first, second or third five (5) year term, as the case may be, and the
CITY OF LUBBOCK retains the right at its election to cancel and revoke this License, with or
without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly
served if deposited in the post office, postage paid, addressed to LICENSEE at 808 Main Street,
Lubbock, Texas, 79401, or the last known address of LICENSEE.
Upon expiration or cancellation and revocation of this License by the CITY OF
LUBBOCK, or the abandonment of this License by the LICENSEE, the improvements that are
permitted under this License shall be removed by the LICENSEE and the property shall be
restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event
LICENSEE fails or refuses to remove such improvements after demand by the CITY OF
LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed
such improvements, and the expense incurred shall be assessed against LICENSEE for which
LICENSEE shall be liable.
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant
the sum of FIVE HUNDRED AND NO/100 ($500.00) DOLLARS cash in advance
contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5)
year term of this License, and thereafter such rate of compensation may be changed for each
succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is
based on procedures and policies as established by the City Council of the CITY OF
LUBBOCK, based on an appraisal of the fair market value of such land by the Right -of -Way
Department of the CITY OF LUBBOCK, as applied to the formula for determining such rate
established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the
rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the
LICENSEE of any change in rates in writing ninety (90) days before the start of the five (5) year
term to which such change in rate shall apply, and if such notification is not made, then the rate
for the preceding five (5) year term shall apply.
2. The LICENSEE agrees to pay all costs arising out of the exercise of this License
herein granted including, but not limited to the replacement and repairing of paving, sidewalks
and utilities of any nature occasioned by the construction as authorized by this License.
3. In the event the CITY OF LUBBOCK determines that the existence of such use
interferes with or causes the rerouting or causes the rerouting or realignment of any public utility,
franchised utility, or sanitary or storm sewer line constructed or to be constructed by the CITY
OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK,
or such utility, as the case may be, for its expense of such relocating or rerouting over and above,
the expense which would have been incurred except for LICENSEE'S use herein.
4. This License is not transferable by the LICENSEE without first receiving the
written consent of the City Manager of the CITY OF LUBBOCK.
5. This License is made subject to the condition that should the LICENSEE 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 LICENSEE, 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 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. The CITY OF LUBBOCK, at its option, may require an
agreement with any contractors hired by LICENSEE to perform the construction, repair or
maintenance permitted 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 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 the 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 LUBBOCK. The
CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or
expenses or the payment of any such claims or demands in order to give LICENSEE a
reasonable opportunity to settle or adjust the same.
6. LICENSEE 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.
7. 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 LICENSEE,
its successors 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 numbered paragraph four (4).
Street Use License
Lubbock Bail Bonds
8. LICENSEE, by the acceptance of the uses permitted herein, understands and
agrees that no interest, title or rights of possession are intended or implied except those expressly
set forth herein, and LICENSEE 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. No interest for real property is conveyed or
granted by this License.
CITY OF LUBBOCK
By:
TOM MARTIN, MAYOR
ATTEST:
CN
Rcbec a Garza, �City Secre
APPROVED AS TO CONTENT:
Dave Booher, Right -of -Way Agent
APPROVE AS TO FORM:
Chad Weaver, Assistant City Attorney
LUBBOCK BAIL BONDS
BY: /v4tt� —
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared Tom Martin, Mayor of the City of Lubbock, known to
me to be the person whose name is subscribed to the foregoing instrument and acknowledged to
me that he executed the same for the purposes and consideration therein expressed and in the
capacity therein stated.
IVEN UNDER MY HAND AND SEAL OF OFFICE this day of
Wuvi 2014.1
Notary Public in and for the State of Texas
ELISA SANCHEZ
Notary Public, Slate of Texas My Commission Expires: � � � U -7
Y
Eby Commi%on Expires i t-07-2011
Street Use License
Lubbock Bail Bonds
THE STATE OF TEXAS
I�I�IILlr11'Li]�I111:�:ZiI.�
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared Db..vt, Zl.o rJt.L.Q.t3.e1 , known to me to be the
person whose name is subscribed to the foregoing instrume t and acknowledged to me that he
executed the same for the purposes and consideration therein expressed and as an act and deed of
said Lubbock Bail Bonds.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Ora day
of ( , 2010.
&-49rnl/
Notary Public in and for the S ate of Texas
BUEN GOMEZ My Commission Expires: _ /D -/Q - aD 1/
NOTARY PUBLIC
' STATE OF TEXAS
MES
Y COMMISSION EXPIR
1410-2011
gs/Cityatt/Georgia/StreetUse Lic-Lobb Bail Bonds
l 0.28.10
Street Use License
Lubbock Bail Bonds