The URL can be used to link to this page

Home My WebLink AboutResolution - 4226 - Street Use License - Lubbock County - 910 Main Street - 08_26_1993Resolution No. 4226 August 26, 1993 Item #8 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 the City of Lubbock and the County of Lubbock, attached here- with, 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 26th ay of �Augu�t 1993. bAYYIs>�CAR� 0 ATTEST: e t o n on, City Secretary APPROVED Q�AS TO CONTENT: EU ucy, Right -of -Way Agent APPROVED AS TO FORM: HaroldgZ44a IV, Willard, Assistant City Attorney EW:ja/SUL-COL.RES D2-Aae da/May 19, 1993 Resolution No. 4226 August 26, 1993 Item #8 STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 26th day of August , 1993, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and the COUNTY OF LUBBOCK, TEXAS, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, its suc- cessors and assigns, the right, privilege and license to use portions of dedicated streets for an aerial walkway, to -wit: BEGINNING at the Southeast corner of Lot 10, Block 104, Original Town Addition to the City of Lubbock, Lubbock County, Texas; THENCE South a distance of 100.00 feet; THENCE West a distance of 12.50 feet; THENCE North a distance of 100.00 feet; THENCE East a distance of 12.50 feet to the POINT OF BEGINNING. The term of this grant shall be for five (5) years from date hereof, and shall be, by mutual agreement, 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 sixty (60) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, post- paid, addressed to LICENSEE at: ATTN: County Judge, P. O. Box 10536, Lubbock, TX 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 this 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. As consideration for this license, LICENSEE agrees to maintain for the use and benefit of the public the aerial walk- way whose construction is herein authorized. 2. The LICENSEE agrees to pay all claims and costs aris- ing 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 that is authorized by this license. 3. In the event the CITY OF LUBBOCK determines that the license herein granted 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 due to LICENSEE'S use permitted 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 con- struction 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, officers 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 arise out of or be related to the making of this license or the construction or maintenance or use permit- ted 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, costs and expense arising from the per- formance 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, with- out 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 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 succes- sors, 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 bene- fit of the parties hereto, but no assignment hereof by the LICENSEE, its successors or 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) . S. 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 STREET USE LICENSE COUNTY OF LUBBOCK --- PAGE 2 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 pqzs4w4ion of said property covered herein upon termination or q7(incellation of this license. R. LAXGSTON,I, IAYOR ATTEST: &it, ]A c�4L EbttyUM. Jo son, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Harold Willard, Assistant City Attorney AGREED TO AND ACCEPTED this _3 day of �-UL& ". , 1993. LICENSEE: COUNTY OF LUBBOCK 2 • BY .DOWN icBEATH, C unty Judge THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared DAVID R. LANGSTON, 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 the CITY OF LUBBOCK and as MAYOR. GIVEN UNDER MA HAND AND SEAL OF OFFICE this .31b� day of f�Lkc,L14 , 1993. __ammmIz 0C�1 1(e?i BEATRIZ M. RODRIGUQ . otary Public in d r Wry 1`014 state of Tgm the State of Texas lb OMMiSM EnpiM 0443.95 STREET USE LICENSE COUNTY OF LUBBOCK --- PAGE 3 i THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared DON McBEATH, County Judge, 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 COUNTY OF LUBBOCK, for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this --� day of e'aa,2Z .- , 1993. % zi� Notary Public in and for the State of Texas M JoISUL-COL.DOC D3-Deeds,Esmts/rev. Jute 9, 1993 STREET USE LICENSE COUNT! OF LUBBOCK --- PAGE 4