HomeMy WebLinkAboutResolution - 424 - Street Use License - Recordland USA - Telephone Cable, Lot 14 Block 2 WH Add - 02/28/1980i0DJWF - : c RESOLUTION #424 - 2/28/80
'
\�J AN
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 excute for and on behalf of the City of Lubbock a Street
Use License Agreement to be entered into by and between said City (as Licensor)
and Recordland USA, Inc., a Texas Corporation (as Licensee) for a telephone
cable, 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 28thday of February , 1980.
41��
WEST, MAYOR
ATTEST:
;Evelyn Gaff gaCity ;S cr -Treasurer
APPROVED AS TO_CONTENT:
Don Jenn' gs, Cit Engineer
APPROVED AS TO FORM:
ONO -
J. h Fullingi.m, Assistant Cit Attorney
d
f
IitbU!_U I I UN 1}4'14 - L/Zd/ bU
STREET USE LICENSE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This indenture made this 28th day of February , 1980, between
the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and Recordland
USA, Inc., a Texas Corporation, 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 telephone cable
beneath 34th Street between Gary and Fling Avenues at a location more particularly
described as follows:
BEGINNING at a point which is the Southeast corner of Lot 14,
Block 2, Westminister Heights Addition to the City of Lubbock,
Lubbock County, Texas;
THENCE South a distance of 90.00 feet;
THENCE West a distance of 3.00 feet;
THENCE North a distance of 90.00 feet;
THENCE East a distance of 3.00 feet to the Place of Beginning.
Said telephone cable will require a one -inch bore beneath 34th Street at
a depth of two feet below ground level. City shall not be liable if paving is
ever removed and said telephone cable is cut and/or damaged. Licensee shall
save the City harmless from all claims if any other public utilities are dis-
turbed and/or damaged when said telephone cable is being installed, constructed,
reconstructed, or maintained.
1. 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 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 3126 34th Street, 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
enter 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.
2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such
grant the sum of TWO HUNDRED AND N0/100 ($200.00) 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, for its
expense of such relocating or rerouting over and above the expense which would
have been incurred except for LICENSEE'S use herein.
S. 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 or demands
in order to give LICENSEE a reasonable opportunity to settle or adjust the
same.
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
(s).
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
DIRK WEST, MAYOR
ATTEST:
l
Evelyn Gaffga, City Secretar Treasurer
AGREED TO AND ACCEPTED this day of , 1980.
LICENSEE: Recordland USA, Inc.
BY
APPROVED AS TO CONTENT:
' ! �-nr �f — ; :�
Don Jenl&
gs, Citf Engineer
Allan L. Rosen, PRESIDENT
APPROVED AS TO FORM:
as V&ka
J. WorhF 1 ingim, Assistant City Attopey:
THE STA OF TEXAS $
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas on this day personally appeared DIRK WEST, 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. Q
GIVEN UNDER MY HAND AND SEAL OF OFFICE thSa c%day o ,
1980.
No a P lic, Lu bock County, Texas
My mission Expires -V `3-D
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 Allan L. Rose, President of
Recordland USA, Inc., a Texas Corporation, 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 as the act and deed of said corporation.
1980.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
Notary Public, Lubbock County,'Texas
My Commission Expires
THE STATE OF TEXAS
COUNTY OF LUBBOCK
RESOLUTION #424 - 2/28/80
STREET USE LICENSE
This indenture made this 28th day of February , 1980, between
the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and Recordland
USA, Inc., a Texas Corporation, 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 telephone cable
beneath 34th Street between Gary and Fling Avenues at a location more particularly
described as follows:
BEGINNING at a point which is the Southeast corner of Lot 14,
Block 2, Westminister Heights Addition to the City of Lubbock,.
Lubbock County, Texas;
THENCE South a distance of 90.00 feet;
THENCE West a distance of 3.00 feet;
THENCE North a distance of 90.00 feet;
THENCE East a distance of 3.00 feet to the Place of Beginning.
Said telephone cable will require a one -inch bore beneath 34th Street at
a depth of two feet below ground level. City shall not be liable if paving is
ever removed and said telephone cable is cut .and/or damaged. Licensee shall
save the City harmless from all claims if any other public utilities are dis-
turbed and/or damaged when said telephone cable is being installed, constructed,
reconstructed, or maintained.
1. 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 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 3126 34th Street, 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
enter 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.
2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such
grant the sum of TWO HUNDRED AND N0/100 ($200.00) 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, for its
expense of such relocating or rerouting over and above the expense which would
have been incurred except for LICENSEE'S 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 contrgctors
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.
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
DIRK WEST, MAYOR
ATTEST:
Evelyn Gaffga, City Secr to Treasurer
AGREED TO AND ACCEPTED this %3 day of � ,CZ<ac% , 1980.
LICENSEE: Recordland USA, Inc.
BY
Allan L. Rosen, PRESIDENT
APPROVED AS TO CONTENT:
Don Jennogs, Citf Engineer
APPROVED AS TO FORM:
J. Worh F 1 ingim, Assistant City-Atto ey
THE STA OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas on this day personally appeared DIRK WEST, 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 thAZaS4�LN day ,
1980.
Noa P lie, Lu bock County, Texas
My ission 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 Allan L. Rose, President of
Recordland USA, Inc., a Texas Corporation, 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 as the act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this dap of kmeAl., ,
1980.
Notar Public, Lubbock County,,Texas
My Commission Expires C} 30 -fid