HomeMy WebLinkAboutResolution - 5389 - Street Use License - Cester A & Ada R Green - Origional Town Addition - 01_23_1997RESOLUTION NO. 5389
Item #8
January 23, 1997
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 with Chester A. Green and
Ada Ruth Green, attached hereto and 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 constitute and be
a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 23rd day of Taauayy , 1997 •
ALEX "TY" COO , MAYO O TEMPORE
ATTEST:
" 0—i &W&=
Kaythi arnell, City Secretary
APPROVED AS TO CONTENT:
/3
Ed Bucy, Right-of-WiV Agent
APPROVED AS TO FORM:
1'Iarold Willard, Assistant City Attorney
HW:gs/CAGre=F.Es
ccdoc l)D ber 20, 1996
RESOLUTION NO. 5389
Item #8
January 23, 1997
STREET USE LICENSE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This indenture made this Ord day of January , 19 97 , being
the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, and CHESTER A. GREEN AND ADA RUTH GREEN,
hereinafter called "LICENSEES".
WITNES SETH:
Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK
does hereby grant to the LICENSEES, the right, privilege and license to use a portion of
dedicated street for an entry porch and steps, to -wit:
BEGINNING at a point which is 24.00 feet West of the Southeast corner of Lot
10, Block 121, Original Town Addition to the City of Lubbock, Lubbock County,
Texas;
THENCE 16.00 feet West to a point;
THENCE 6.00 feet South to a point;
THENCE 16.00 feet East to a point;
THENCE 6.00 feet North 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 LICENSEES. Said notice shall be deemed
properly served if deposited in the post office, postage paid, addressed to LICENSEES at
612 Broadway, Lubbock, Texas 79401 or the last known address of LICENSEES.
Upon the expiration or cancellation and revocation of this license by the CITY OF
LUBBOCK, or the abandonment of this license by the LICENSEES, the improvements
that are permitted under this license shall be removed by the LICENSEES and the
property shall be restored to its original condition at no cost or expense to the CITY OF
LUBBOCK. However, upon mutual consent of the CITY OF LUBBOCK and
LICENSEES, the improvements will be left in place rather than removed after expiration,
cancellation or abandonment of this license. In the event LICENSEES fail or refuse 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 LICENSEES, for which LICENSEES
shall be liable.
I . LICENSEES shall pay to the CITY OF LUBBOCK as compensation for
such grant the sum of TWO HUNDRED FgTY AND N01100 DOLLARS ($250.00)
cash in advance contemporaneously with the acceptance and execution hereof by
LICENSEES 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
STREET USE LICENSE
CHESTER A GREEN & RUTH GREEN
preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the
LICENSEES 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 LICENSEES agree to pay all costs arising out of the exercise of this
license herein granted including, but not limited to, the cost of cleanup of any oil,
hazardous substance or other material, the replacement and repair of paving, sidewalks
and utilities of any nature damaged as a result of the construction authorized by the
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, LICENSEES agree 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 LICENSEES use
herein.
4. This license is not transferable by either 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 LICENSEES
exercise any right under this license 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 LICENSEES, their heirs 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 construction or use permitted herein. The CITY OF
LUBBOCK, at its option, may require an agreement with any contractors hired by
LICENSEES 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 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 LICENSEES
prior to incurring any costs or expenses or the payment of any such claims or demands in
order to give LICENSEES a reasonable opportunity to settle or adjust the same.
6. LICENSEES agree and shall be 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. Prior to any construction as authorized by this license, the LICENSEES
shall submit to the City Engineer plans and specifications for the construction to be done,
and the LICENSEES shall not commence construction until such plans and specifications
are approved by the City Engineer.
8. 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 LICENSEES, their heirs 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).
STREET USE LICENSE
CHESTER A GREEN do RUTH GREEN
LICENSEES, by the acceptance of the uses permitted herein, understand
and agrees that no interest, title or rights of possession are intended or implied except
those expressly set forth herein, and LICENSEES waive any and all claims in and to the
public way they permitted to use hereby and agree to give peaceful possession of said
property covered herein upon termination or cancellation of this license.
CITY OF LUB O
BY:
ALEX -TY" d1bkt,-i4AY1Qo TEMPORE
ATTEST:
Kaythi la rneh, City Secretary
APPROVED AS TO CONTENT:
C
Ed Bucy, Right -of -Way Kgent
APPROVED AS TO FORM:
I�
Harold Willard, Assistant City Attorney
THE STATE OF TEXAS
(2HZ S t"7C !¢• U��tU
10 ANN GAMBOA
Notary Public. Staff of T.
�'+,�«�a+•a �Rl Commission Expires 3/25/93
COUNTY OF LUBBOCK §
Chester A. Grend Ada Ruth Green
BEFORE ME, the undersigned authority, a Nolen he in and for said County and
State, on this day personally appearcl ,known to me to be the persons whose
names are subscnbed to the foregoing instrument and aclmawledged to me thattheftecuted the
same for the purposes and consideration therein expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 104t,, day of
ZYANVA2H ,1997-.
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 ALEX "TY" COOKE, Mayor Pro Tempore of the City
of Lubbock, known to me to be the person whose name is subscribed to the foregoing instnmrent
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 CITY OF LUBBOCK.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28-ti- day of
1997.
Notary
L Of T
` Notary Puhion Stets of rexas in ��� State O Texas
My Commssion Expires 10-8-91Notary Public
My Commission Expires: 10 4