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Home My WebLink AboutResolution - 3852 - Street Use License Agreement- Fleming Companies Inc- Portion 56Th & 58Th Streets - 04_09_1992Resolution No. 3852 April 9, 1992 Item #18 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 Agreement by and between the City of Lubbock and Fleming Companies, Inc., 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 9th day of April , 1992. c INN, MAYOR elte Soya, APPROVED AS TO CONTENT: G ucy, ig t-o - ay Agent APP ED AS TO FO J. /Nqlrth I Fullingim, ssista Vydw Attorney agenda/D$2/F1=ing.Rea Resolution No. 3852 April 9, 1992 Item #18 STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS indenture made this 18th day of April , 1992, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and FLEMING COMPANIES, INC., a Corporation, Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK, TEXAS, does hereby grant to the LICENSEE, its successors and assigns, the right, privilege and license to use portions of dedicated streets for ingress and egress to adjoining and adjacent land owned by LICENSEE, to -wit: TRACT 1 A 75' x 75' tract of land located in East 56th Street, just West of Elm Avenue, and more particularly described as follows: BEGINNING at the Southwest corner of Lot 5, Burlington Industrial Addition No. 3 to the City of Lubbock, Lubbock County, Texas; THENCE South 75.00 feet to a point; THENCE East 75.00 feet to a point; THENCE North 75.00 feet to a point; THENCE West 75.00 feet to the POINT OF BEGINNING. TRACT 2 A 75' x 75' tract of land located in East 58th Street, just West of Elm Avenue, and more particularly described as follows: BEGINNING at a point 570,00 feet West of the Northeasterly corner of Tract A, Second Installment Crawford Industrial Addition to the City of Lubbock, Lubbock County, Texas; THENCE North 75.00 feet to a point; THENCE East 75.00 feet to a point; THENCE South 75.00 feet to a point; THENCE West 75.00 feet to the POINT OF BEGINNING. The term of this grant shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years in any event unless either party shall given written notice of termination to the other party before the expiration of the first, second or third five (5) year term, as the case may be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke this license with or without cause upon notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at THE FLEMING COMPANIES, INC., P. O. Box 1530, Lubbock, Texas 79408, or the last known address of LICENSEE. Upon the 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 take 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. 1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of THREE HUNDRED TEN AND N0/100 ($310.00) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this license, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK based on an appraisal of the fair market value of such land by the Right -of -Way Department of the CITY OF LUBBOCK as applied to the formula for determining such rate established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in writing at least ninety (90) days before the start of the five (5) year term to which such change in rate shall apply, and if such notification be not timely made, then the rate for the preceding five (5) year term shall apply. 2. 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 the license. 3. In the event the CITY OF LUBBOCK determines that the construction or use permitted herein 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 in relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. 4. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. 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 described property, then and in that event said LICENSEE, its successors 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 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 contractors. The CITY OF LUBBOCK may further require any of said contractors, 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 a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the - 2 - faithful performance of all the terms, covenants and conditions contained in said agreement, and a certified copy of a policy of public liability insurance assumed by said contractors 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. 6. 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. 7. 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 numbered paragraph four (4). 8. 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. JC/ • �• /i/ C/�l�u-sue •B. C. McMIMN, RAYOR ATTEST: Ran to Boyd, City S r tart' AGREE TO AND ACCEPTED this 9th day of April , 1992. APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: ��r V(Md 4 J. Wort llingim, Assistant City A t ney - 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 B. C. McMINN, 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. G =rNDER MY HAND AND SEAL OF OFFICE this Q day of 1992. .!"'..Ct..Orlf�/Y1�trY.rlllll./t/111� 'v<<, OLIVIA R. SOLIS NOTAP,Y PUBLIC, State of Texas My Commission Expires 40VEMBER 30, 1993 �lll 11lllJ�/lll ^1J3�'r/�^l./f� THE STATE OF TEXAS COUNTY OF LUBBOCK A�--' 4 LLII�� Notark Public, Lubbock County, Texas BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared J. R. LANDRY, President of said FLEMING COMPANIES, INC., a 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 as the act and deed of said Corporation. GZ "DER MY HAND AND SEAL OF OFFICE this s day of 1992. FRANK HALL WHry Nblk, State of Tnws My Cwnmfabn ftpin 11-t4-92 �rf• ___��wwnnA'fAa JWF:dw ena/D83/SUL.FC.doc Notary Public, L ck Co ty, Texas - 4 -