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HomeMy WebLinkAboutResolution - 081067C - Street Use License - Minor Pounds - Original Town - 08_10_1967KJ :tp 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 Minor Pounds, 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. ?PROVED: n -- 1-51 O. Senter, Jr„/ y Attorney a.:...,....-.. y STREET USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK ; This indenture made this' 1 C+ day of AUG le 67, between the City of Lubbock, Texas, a Home Rule Municipality, herein- after called "City" and Minor Pounds, hereinafter called "Grantee". WITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas does hereby grant unto Grantee, its successors and assigns, the right, privileges and license to use a portion' of the public way as hereinafter described for the purpose of installing an evaporative cooler unit on property abutting such public way as follows: The East side of the North -South alley in Block 105, Original Town at a point approximately 45 feet south of the northwest corner of Lot 11 of said Block 105. 1. Such installation shall extend into the above public way approxi- mately 80 inches at a height of 12 to 14 feet above the alley surface. Z. The use granted hereby shall extend to that stated above only and shall not permit any further use of said public way. S. The term of this grant shall be for ten (10) years from the date of adoption hereof and thereafter for a period running from month to month at the will of the City. 4. Grantee shall pay to the City as a compensation for such grant the sum of FIVE DOLLARS per year for the duration of this license, with the first year payable on execution of this instrument and a like suzn payable on January 1 of each succeeding year for the duration of this license. 6. Payment of the annual fee provided above shall be made by Grantee to City on January 1 of each year this license is in effect. Notice of such fee being due shall be sent by the City to Grantee and upon failure of Grantee to pay such fee within 30 days from receipt of such notice, the City shall consider such non-payment as a default in this license and the City Council shall determine whether such license shall be considered for- feited and may elect to demand vacation by Grantee. 6. Prior to any construction as authorised by this license, the Grantee shall submit to the City Engineer plans and specifications for the construction to be done It requested to do so by the City Engineer, and the Grantees shall not commence construction until such plans and specifica- tions are approved by the City Engineer. 7. The Grantees agree to pay all costs arising out of the exercise of the 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 authorised by this license. Grantee shall keep the alley beneath such construction in such condition and repair that it will be safe for use by the public and in a manner satisfactory to and approved by the City Engineer, and shall at all times comply with the ordinances of said City regu- lating the use of space over streets, alleys and sidewalks of said City. S. In the event the City determines that the existence of such use interferes with or causes the re-routing or re -aligning of arty public utility, franchised utility, or sanitary or storm sewer line constructed or to be con- structed by the City or franchised utility. Grantee agrees to reimburse the City of Lubbock, or such utility, as the case may be. for its expense of such relocating or re-routing over and above the expense which would have been incurred except for Grantee's use herein. 9. This license is made subject to the condition that should the Gran- tees, their successors or assigns, exercise any right under the license herein granted and prepare or begin or complete any part of the construction as here- in contemplated, over and across any or all of the above set out property, then and in that event said Grantees, their successors or 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 herein contemplated, and will further replace or repair any damage and pay in full all losses or expenses that the City of Lubbock, may sustain, incur, or become liable for resulting in any manner. from the con- struction, maintenance and use permitted herein. City, at its option. may require an agreement with any contractors hired by Grantees to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the City 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 may further require such contractor to furnish, without expense to City, a reliable surety bond, in an amount and in the form satisfactory to said City, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of pub- lic liability and property damage insurance within limits specified by, and in a form satisfactory to, said City, covering the contractual liability assumed by contractor in said agreement with City. M At such time as this license should be canceled or revoked for any reason, before or after the expiration of the primary term. the improve- ments that are permitted under this license shall be removed by the Grantees and the property restored to its original condition at no cost or expense to the City of Lubbock. In the event Grantee fails or refuses to remove such improvements after demand by City, the City shall enter possession. and re- move or cause to be removed such improvements and the expense incurred shall be assessed against Grantee for which Grantee shall be liable. 11. 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 Grantees, their successors or assigns, ,shall be binding upon the City of Lubbock with- out the consent of the City of Lubbock in each instance. 12. Grantee, 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 tho3e expressly set forth herein and Grantee waives any and all claims in and to the public way he 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: W. D. ROGERS. JR.. MAYOR ATTEST: Laventa Lowe, City Secretary -Treasurer AGREED TO AND ACCEPTED this day of 1967. LICENSEE: Minor Pounds BY: APPROVEDs Fred O. Seater, Jr., City Attorney APPROVED: Sam Wahl, City Engineer THE STATE OF TEXAS I COUNTY OF LUBBOCK f BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared W. D. Rogers, Jr., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that lie executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the ,,purposes and consideration therein expressed, and the capacity therein stated. GIVEN UNDER MY HAND AND BEAL OF OFFICE, this day Of _ _ . 1967. (SEAL) Notary Public, Lubbock County, Texas 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 Minor Pounds, 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 con- sideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 1967. (SEAL) Notary Public, Lubbock County, Texas