HomeMy WebLinkAboutResolution - 394 - Alley Use License-LNB-Landscaped Area, Portion Of N-S Alley L10 & 11 Blk 104 OT - 01/24/1980II . JWF : b s
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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 an Alley Use
License in favor of The Lubbock National Bank, Lubbock, Texas, 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 24th day of January ,1980.
ATTEST:'
� elyn-Gaf ga, City7Sec et y- easurer
'`APPROVED, AS TO CONTENT:
4e -
Jen ngs, CiW Engineer
APPROVED AS TO FORM:
a - is t
04
J. V th Fullingim, Asst. City Attoyney
rEST, ,.
ALLEY USE LICENSE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
RESOLUTION #394 - 1/24/80
This indenture made this 24th day of January , 1980, between
the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and The Lubbock
National Bank, Lubbock, Texas, 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 ALLEY to construct and maintain a landscaped area
in that portion of the North-South alley which lies between Lots 10 and 11,
Block 104, original town of the City of Lubbock, Lubbock County, Texas.
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 Main at Texas Avenue, 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 improve-
ments 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 improve-
ments 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 ONE HUNDRED AND N0/100 ($100.00) 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 re-
ceiving 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
ori
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
al""0-0�
WEST, MAYOR
ATTEST:
4Evel Ga fga, City Sc t -Treasurer
AGREED TO AND ACCEPTED this 29 day of
APPROVED AS TO CONTENT:
Don Je ings,ty Engineer
APPROVED AS TO FORM:
AIL1AARA;e�AAAW
J. o th`Fullingim, Asst. City At orney
Jan: 1980.
LICENSEE: THE LUBBOCK NATIONAL
BANK, LUBBOCK, TEXAS
%s/ Wayne Finnell
t7AYNE FINNELL, 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 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. I�
GIVEN UNDER MY HAND AND SEAL OF OFFICE th ttay ofjo�VAIXAqA,
1980. , I.
NotaU Public, Lubbock County, Texas
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 WAYNE FINNELL, President of
The Lubbock National Bank, Lubbock, Texas, 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 Bank.
1980.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29th day of January ,
/s/ Lisa Dannerick
Notary Public, Lubbock County, Texas