HomeMy WebLinkAboutResolution - 597 - Street/Alley Use License-Maxey Lumber Co-Water Well/Lines, Portion Of 11Th Place - 08/28/1980DGV:pc
RESOLUTION
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RESOLUTION #597 - 8/28/80
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 and
alley use license between the City of Lubbock and Maxey Lumber Company,
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 in detail.
Passed by the City Council this 28th day of August ,1980.
L McAlister, Mayor
ATTEST:
tSTelyn Gaf ga, ity S e -Treasurer
APP D AS TO CONTENT:
n 3ennings, City Engineer
APPROVED AS TO FORM:
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Do Vandiver, Assistant City Attorney
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THENCE S. 45° W. a distance of 20.00 feet;
THENCE N. 45°.W. a distance.of ,20.00 feet to the Point of Beginning.
1. The terms of this grant shall be, for three years 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 124N. University, Lubbock, Texas 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'
improvements after demand by the CITY OF LUBBOCK, the CITY..OF LUBBOCK shall
enterpossession, and remove or cause to be removed such improvements and the
expense incurred shall be assessed against LICENSEE for which LICENSEE shall
be liable.
2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such
grant the sum of SIXTY AND N0/100 ($60.00) DOLLARS cash in advance contemporaneously
with`,the acceptance and execution hereof by LICENSEE.
3. 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.
4. In the event the CITY OF LUBBOCK determines that the. existence of
such use interferes with 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, foY its,
expense of suchrelocating or rerouting over and above the expense which would, .
have been incurred except for LICENSEES use herein.
5. This license`is not transferable by the LICENSEE without first receiving
the written consent of the City Manager of the CITY OF LUBBOCK.
6. 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 ordemands
in order to give LICENSEE a reasonable opportunity to settle or adjust the.
same.
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7. 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.
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 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 Paragraph Five
(5).
9. 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.
CITY OF LUBBOCK
BY
ILL McAL—I TER, MAYOR
ATTEST:
E elyn Gaf ga, City Se r ry-Treasurer
APPROVED..AS TO CONTENT:
Don J pings, ity Engineer
APPROVED AS TO FORM:
Doir, Vandiver, Assistant City Attorney
AGREED TO AND ACCEPTED this 2 NLS day of JOt- , 1980.
LICENSEE: �)
BY
Theo Cheaney, PRESIDENT
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 Bill :McAlister, Mayor, 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 expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �% day of ,
1980.
otary P Lubb County, Texas
My Commission Expires:
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 Theo Cheaney, president of
Maxey.Lumber Co., known to me to 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
as the act'and deed of said company.
N
". GIVEN UNDER MY HAND AND,SEAL OF OFFICE this day of o -?IT, 1980
Notaryp4blic, Lubbock County, Texas .
My Commission Expires:
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