The URL can be used to link to this page

Home My WebLink AboutResolution - 2584 - Street Use License Agreement-Borden Inc-Storage Tank & Office Space, L1 B23 OT - 05/28/1987Resolution #2584 Agenda Item #20 May 28, 1987 HW:js 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 Agreement with Borden Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Coun- cil shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of May 1987. A6 - (7. ciiz.► B. C. McMINN, MAYOR ATTEST: . 4 Ranet Boyd, City Secretary ' APPROVED AS TO CONTENT: b. 4 Ed Bucy, Right -of -Way Agent i APPROVED AS TO FORM: arold Willard, Assistant tity Attorney STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK Resolution #2584 May 28, 1987 This indenture made this 28th day of May , 1987, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and BORDEN, INC., a New Jersey Corporation, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, priv- ilege and license to use a portion of dedicated street for a milk storage tank and second floor office space, to -wit: BEGINNING at a point 20.00 feet North of the Southwest corner of Lot 10, Block 23, Original Town Addition to the City of Lubbock, Lubbock County, Texas; THENCE West a distance of 6.20 feet; THENCE North a distance of 70.00 feet; THENCE East a distance of 6.20 feet; THENCE South a distance of 70.00 feet to the PLACE OF BEGIN- NING. The term of this grant 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 ei- ther party shall give written notice of termination to the other party 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 notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage prepaid, addressed to LICENSEE at 519 Avenue J, 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 the 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 im- provements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed such im- provements, and the expense incurred shall be assessed against LI- CENSEE for which LICENSEE shall be liable. 1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of THREE HUNDRED TWENTY-FIVE AND 50/100 DOL- LARS ($325.50) cash in advance contemporaneously with the accep- tance 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 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 authorized by the li- cense. 3. In the event the CITY OF LUBBOCK determines that the ex- istence of such use interferes with or causes the rerouting or re- alignment 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 ex- pense in 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 described prop- erty, then and in that event said LICENSEE, its successors and as- signs 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 LI- CENSEE 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 contractors. The CITY OF LUBBOCK may further require any of said contractors, when en- gaged 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 a 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 insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incur- ring any costs or expenses or the payment of any such claims or de- mands 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 speci- fied by and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the in- sured, said policy covering the uses herein granted. 7. Prior to any construction as authorized by this license, the LICENSEE shall submit to the City Engineer plans and specifica- tions for the construction to be done, and the LICENSEE shall not commence construction until such plans and specifications are ap- proved by the City Engineer. 8. 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 con- tractors 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, his heirs or as- signs shall be binding upon the CITY OF LUBBOCK. - 2 - 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of posses- sion are intended or implied except those expressly set forth herein, and LICENSEE waives any and all claims in and to the public way he is permitted to use hereby and agrees to give peaceful pos- session of said property covered herein upon termination or cancel- lation of this license. CITY OF LUBBOCK BY: B. C. MCMINN, MAYOR ATTEST: Ranette-Boyd, City Secretar AGREED TO AND ACCEPTED this day of , 1987. LICENSEE: BORDEN, INC. BY: �C. W. BEASLEY, GENERAL MANAGER APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: ,ems 1 /SNI -zW_tz Harold Willard, Assistant City Attorney 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 B. C. McMINN, MAYOR, known to me to be the person whose name is sub- scribed 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 expressed and in the capacity therein stated. GIVEN DER MY HAND AND SEAL OF OFFICE this 3 day of 1987. Notar Public, Lubbock County, Texas MY C9MMISSION EXPIRES NOVEMBER 30, 1969 OLIVIA R. SOLIS - 3 -