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Home My WebLink AboutResolution - 061076P - Street Use License - HC Lewis, Ray & Harold Cahpman - DBA Civic Center Inn - 06/10/1976JWF/nh 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 in favor of H. C. LEWIS, RAY CHAPMAN and HAROLD CHAPMAN, a Partnership, DBA CIVIC CENTER INN in Lubbock County, 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 10th day of June , 1976. S7. ROY BAPS, MAYOR ATTEST: Treva Phillips, City Se etary-Treasurer APPROVED AS TO FORM: ,v, O. Senter, Jr..,,/,,City Attorney ` STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 10th day of June , 1976, . between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation and H. C. LEWIS, RAY CHAPMAN And HAROLD CHAPMAN,. DBA CIVIC CENTER INN, a Partnership, of 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 canvas canopy and three flagpoles adjacent to the sidewalk on the Main Street side of the Civic Center Inn property, with said canopy being installed at least 8 feet above the said sidewalk and flags flying from said flagpoles fluttering over the side- walk on the Main Street side; and as to the Avenue K side of the Civic Center Inn property, there will be and are three flagpoles which will all be based -in the wall -of the main building at a height of 13 feet above the sidewalk, and ' will extend upward at a 45 ° angle and over the sidewalk to a height of 45 feet, and the canopy will be at least 8 feet above the sidewalk, in and upon the follow- ing described portion of dedicated public street, in the City of Lubbock, Lubbock County, Texas, to -wit: MAIN STREET. TRACT BEGINNING at a point which bears West 1.00 foot from the Southeast corner of Lot 15, Block 101, Original Town; THENCE South a distance of 12.00 feet; THENCE West a distance of 65.00 feet; THENCE North a distance of 12.00 feet; THENCE East a distance of 65.00 feet to the PLACE OF BEGINNING. AVENUE K TRACT BEGINNING at a point which bears North 1.4 feet from the Northeast corner of Lot 15, Block 101, Original Town; r THENCE East a distance of 12.00 feet; THENCE South a distance of 60.00 feet; THENCE West a distance of 12.00 feet; THENCE North a distance of 60.00 feet to the PLACE OF BEGINNING. r 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 with- out cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deem- ed properly served if deposited in the Post Office, postage paid, addressed to LICENSEE at 1205 - 34th Street, Lubbock, Texas, or to 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 LUB- BOCK shall enter possession, and remove or cause to be removed such im- provements 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 NO/ 100 ($200.00) DOLLARS in advance contemporaneously with the execution and acceptance of this license 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 con- struction.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 re-routing 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 expense of such re -locating or re-routing 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, demand, 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 LUB- BOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses -2- - �. r.;•�ay'!ai'b.� .> i'Z'+;.�-.�:::�t�;.a�M-w�,c+r,n�ts�.a—�ra+s-3:�ci.�'... �o'L''��a-'R-:a. — - - --- 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 j and inure to the benefit of the successors, legal representative, 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 (5) hereof. 9. LICENSEE, by the acceptance of the uses permitted herein, under- stands 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 AROYBA Mayor rt ATTEST: Treva Phillips, City cretary-Treasurer AGREED TO AND ACCEPTED this day of , 1976. LICENSEE• CIVIC V C CENTER INN, a Partnership BY H. C. LEWIS. Partner I BY RAY CHAPMAN, Partner BY HAROLD CHAPMAN, Partner APPROVED AS TO FORM: �_ Ze - �_C_ -f , Fred O. Senter, Jr. C' Attorney APPROVED: Wilford D. Watson, City Engineer -3- 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 ROY BASS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowl- edged 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 express- ed, and in, the capacity therein stated. 6VEN.fUTDER MY HAND AND SEAL OF OFFICE this•,�day of 1976. (SEAL) f �� ;O;N , Notary Public, Lubbock County, Texas THE 9' A7 E' OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared H. C. LEWIS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me ths.t he executed the same as the act and deed of CIVIC CENTER INN, a Partnership and as Partner thereof for the purposes.and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1976. (SEAL) Notary Public, Lubbock County, Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on.this day personally appeared RAY CHAPMAN, known to me to be the person whose name is subscribed to the foregoing instrument and acknowl- edged to me that he executed the same as the act and deed of CIVIC CENTER INN, a Partnership and as Partner thereof for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL -OF OFFICE this day of 1976. (SEAL) Notary Public, Lubbock "County, Texas i" THE STATE OF TEXAS § COUNTY OF LUBBOCK $ BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared HAROLD CHAPMAN, known to me to be the person whose name is subscribed to the foregoing instrument and acknowl- edged to me that he executed the same as the act and deed of CIVIC CENTER INN, i a Partnership and as Partner thereof for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1976. (SEAL) Notary Public, Lubbock County, Texas