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Home My WebLink AboutResolution - 091467G - Street Use Franchise- The Lubbock National Bank- Lot 6, Block 104, Original Town - 09_14_1967RESOLUTION 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 FRANCHISE attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shail constitute and be a part of this Resolution as if fully copied herein in detail. APPROVED; 41 d O. Senter, Jr., .f STREET USE FRANCHISE THE STATE OF TEXAS I ;COUNTY OF LUBBOCK This indenture made this 14th day of September . 1967, between the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called "CITY" .and The Lubbock National Bank, hereinafter called "Grantee". WITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lub- bock, Texas, does, hereby grant unto Grantee, its successors and assigns, the ;right, privileges and franchise to ure a portion of the public way as hereinafter ;described for the purpose of constructing and maintaining intake and exhaust air ducts, beneath, on the surface of and above such public way as follows: BEGINNING at a point 16 feet East of the Northwest corner of Lot 6, Block 104, Original Town of Lubbock, Texas; THENCE East 28 feet to a point; THENCE North 2-feet to a point; THENCE West 28 feet to a point;' THENCE South 2 feet to the POINT OF BEGINNING. 1. A drawing of such construction Ss attached hereto and made a part hereof and the use granted hereby is limited to that shown on such drawing. 2. The term of this grant shall be for twenty (20) years from the date of adoption hereof and thereafter for a period running from month to month at the will of the City. 2.. Grantee shall pay to the City as a compensation for such grant the sum of TEN AND NO/100 ($10.00) DOLLARS, per year for the duration of this fran- chise, with the first year payable on execution of this instrument and a like sum payable on January 1 of each succeeding year for the duration of this franchise. 4. Payment of the annual fee provided above shall be made by Grantee to City on January 1 of each year this franchise 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 thirty (30) days from receipt of such notice, the City shall con- sider such non-payment as a default in this franchise and the City Council shall determine whether such franchise shall be considered forfeited and may elect to dwmand vacation by Grantee. 5. Prior to any construction as authorized by this franchise, the Grantee shall submit to the City Engineer -plans and specifications for the .construction to be done, and the Grantees shall not commence construction until such plans and specifications are approved by the City Engineer. 6. The Grantees agree to pay all costs arising out of the exercise of the franchise herein granted, including but not limited to the replacement and repair- ing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this franchise. Grantee shall keep the alley and/or sidewalk over such underground construction, along with the surface and above ground por- tion of this grant, 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 regulating the use of space underneath and over streets, alleys and sidewalks of said City. 7. In the event the City determines that the existence of such use inter- feres with or cause the re-routing or re -aligning of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed 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. 8. This franchise is made subject to the condition that should the Grantees, their successors or assigns, exercise any right under the franchise herein granted and prepare or begin or complete any part of the construction as herein contem- plated, under 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, indem- nify 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 franchise or the construction or maintenance herein contem- plated, 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 construction, 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 con- tractor. 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 condi- tions contained in said agreement and a certified copy of a policy of public liability and property damage insurance within limits specified by, and in a form satisfac- tory to, said City, covering the contractual liability assumed by contractor in said agreement with City. 8. At such time as this franchise should be canceled or revoked for any reason before or after the expiration of the primary term, the improvements that are permitted under this franchise shall be removed by the Grantees and the pro- perty 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 remove or cause to be removed such improvements and the expense incurred shall be assessed against Grantee for which Grantee shall be liable. 10. All of the covenants and provisions of this franchise shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorised 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 without the consent of the City of Lubbock in each instance. 11. Grantee, 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 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 franchise. ATTEST: i Lavenia Lowe. City ecret -Treasurer 2 - AGREED TO AND ACCEPTED this day of . 1967. LICENSEE: THE LUBBOCK NATIONAL BANK By: VICE PRESIDENT APPROVED: Fred O. Senter, Jr., City Attorney APPROVED: Sam Wahl. City Engineer THE STATE OF TEXAS I COUNTY OF LUBBOCK I 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 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 the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 1967. (SEAL) Notary Public, Lubbock County, Texas THE STATE OF TEXAS I COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for said County. Texas, on this day personally appeared , Vice President of Lubbock National Bank, a National Banking corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknow- ledged to me that he executed the same as the act and deed of Lubbock National Bank for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1967. (SEAL) Notary Public,. Lubbock County, Texas _ ' • . ��- e� �C FAA :`+ L� ..r. Q �3 F' �..� � .Q � I h; `r . ► ki L I L- 9 T' � 4 L- I N c "'-<� G F- CJ tt rl �3 G V c \ � I: �r "'i4l- fa f''.= 7' !/`J A L L --...A(-, —•T- p•t_L!; V F� t._ �� G� _. �� '7'"IJ. "''Hf^C. GLA S $ 4 At_E-_'�%' 0447A F-Zt-_t_t.' 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