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Home My WebLink AboutResolution - 4127 - Alley Use License - LISD - 2 Lockable Gates, Alley, Block 37, Overton Addition - 04_22_1993Resolution No. 4127 April 22, 1993 Item #7 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 an Alley Use License by and between the City of Lubbock and the Lubbock Independent School District, 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 April , 1993. ATTEST: Betty N. 4ohnsorV, City Secretary APPROVED AS TO CONTENT: B�i g of fAgent APPROVED AS TO FORM: Htr`old Wil arAssistant it�torney HW:da/AGENDA-D1/AUL-LISD.re5 April 1, 1993 Resolution ko. 4127 April 22, 1993 Item #7 ALLEY USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 22nd day of April , 1993, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and the LUBBOCK INDEPENDENT SCHOOL DISTRICT, of 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 a dedicated alley for two lockable gates, to -wit: TRACT 1 BEGINNING at the Northwest corner of Lot 13, Block 37, Overton Addition to the City of Lubbock; THENCE North 20.00 feet to a point; THENCE East 5.00 feet to a point; THENCE South 20.00 feet to a point; THENCE West 5.00 feet to the POINT OF BEGINNING. TRACT 2 BEGINNING at the Northeast corner of Lot 19, Block 37, Overton Addition to the City of Lubbock; THENCE North 20.00 feet to a point; THENCE West 5.00 feet to a point; THENCE South 20.00 feet to a point; THENCE East 5.00 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 give 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 with a sixty (60) day notice. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at the Lubbock Independent School District, 1628 19th Street, Lubbock, Texas 79401-4895, 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 compensa- tion for such grant the sum of TWO HUNDRED FIFTY AND NO/100 ($250.00) 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 before the start of the five (5) year term to which such change in rate shall apply, and if such notification is not 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 lim- ited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as autho- rized by this 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, the 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 with- out 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 permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the perfor- mance 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 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 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 - 2 - 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 par- ties 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 herein, understands and agrees that no of possession are intended or implied forth herein, and LICENSEE waives any the public ways it is permitted to use peaceful possession of sa pr rty c tion or cancellation of is licehse. VID ATTEST: &I,-= kL r�-Z�j Betty M. Johns n, City Secretary of the uses permitted interest, title or rights except those expressly set and all claims in and to hereby and agrees to give oveEgd__4erei.n upon termina- AGREED TO AND ACCEPTED this day of APPROVED AS TO CONTENT: G� 'i/='_tf Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: , 1993. LICENSEE: LUBBOCK INDEPENDENT SCHOOL DISTRICT BY: Haro1��, Assistant CityAssistant City Attorney MW 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 DAVID R. LANGSTON, 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 herein stated. GIV UNDER MY HAND AND SEAL OF OFFICE this 9-3(Zd day of 1993. I A.( tie Z N ary Public, Lub ck ounty, rexas 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 , 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 herein stated as the act and deed of the Lubbock Independent School District. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1993. HW:dn/ENG-D3/AUL-LISD.doe April 1, 1993 Notary Public, Lubbock County, Texas - 4 -