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Home My WebLink AboutResolution - 079 - Street Use License - Waples-Platter West Texas Inc - Signs, West Side Of Elm Ave - 02/22/1979JWF:hw RESOLUTION RESO #79 - 2/22/ 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 between Waples-Platter West Texas, Inc. and the City of Lubbock, 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 22nd day of Februa DIRK�WST, MAY R _ ATTEST: :Rvelyn Gaffga?r{ity Secre r r surer APPROVED AS TO:CONTENT: t Tom Nivens, Right -of -Way Department APPROVED AS TOFORM: J. J. W th Fullingim; Asst. City ttorney 1979. JWF:hw RESO #79 - 2/22/79 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 between Waples-Platter West Texas, Inc. and the City of Lubbock, 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 22nd day of February ,1979. DIRK W ST, MAY R ATTEST: _,'Evelyn Gaffga-_-City Secre r r surer -APPROVED AS 'TO�'CONTENT: Tom Nivens, Right -of -Way Department APPROVED AS TO FORM: r i J. W th Fullingim; Asst. City ttorney s' a _ STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 22nd day of February 1979, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and WAPLES-PLATTER WEST TEXAS, INC., Lubbock County, Texas, hereinafter called "LICENSEE." WINESSETH: 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 eight directional signs in -- the right-of-way on the West side of Elm Avenue between the curb and the pri- .vate property line, said signs are two (2) feet by two (2) feet in size and are attached to the top two (2) inches of fifty (50) inch poles as to each sign. 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 P. O. Box 1530, Lubbock, Texas 79408, 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 con- structed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to re- imburse the CITY OF LUBBOCK, or such utility, as the case may be, for its ex- pense 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. . % 6.1 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 sai&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, ill indemnify the CITY OF LUBBOCK from which agreement w 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, repair maintenance permitted herein, to when engaged in the construction, rep '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 nt with the CITY OF LUBBOCK. The CITY OF LUBBOCK by'contractor in said agreeme I :agrees to give notice to LICENSEE prior to incurring or cutting any costs or expenses .the payment of any such claims or demaridsin 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.satisUBBOCK and which names the CITY CITY OF L -factory to the City Attorney for the 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 patties 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�i� OZ. D ME ST MAYOR ATTEST: easur4 Secr a easurer AGREED TO AND ACCEPTED this&gZ7J;(day o 1979. LICENSEF.;, 11-2 APP OVED AS TO CONTENT - Wil e Watson, City Eng neer APPRO ED AS TO FORM: 0 444-- tto t AFulli Asst. My Attorney J. h Fullingim, A No Text Building Line Ord. 2740' 330_ —'a North Line Section I, 'Block E FR E -E, -o V471 P686 691.6 9' 285 75 lot 2 A It lot 3 I Sp `-fa-