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Home My WebLink AboutResolution - 5446 - Street Use License - Kevin & Gay Atkins - LCCE Addition - 03_27_1997Resolution No. 5446 Item # 14 March 27, 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 Kevin and Gay Atkins, 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 Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of March 1997 ATTEST: 16aLi-Lru4n�, aythi arnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Ag t APPROVED AS TO FORM: ai4-eaa W-d� arold Willard, Assistant City Attorney Hw:g&' ATK1NS.RFS ccdocs/Febmary 12. 1997 Resolution No. 5446 Item #14 March 27, 1997 STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 27thday of March , 1997, being the date of this Agreement between the CITY OF LUBBOM TEXAS, a Home Rule Municipal Corporation, and KEVIN AND GAY ATKINS, hereinafter called "LICENSEES". WITNESSETH: 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 a dedicated street for a fence and building encroachment, and being further described as follows: A portion of 98th Street lying South of and adjacent to Lot 360, Lakeridge Country Club Estates, an Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a set 60 penny nail which bears S. 89058'15" W. a distance of 4.28 feet from the Southeast corner of Lot 360, Lakeridge Country Club Estates, an Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication deed thereof recorded in Volume 1736, Page 617, Deed Records of Lubbock County, Texas; THENCE S. 001211 V E. a distance of 1.93 feet to a set 60 penny nail; THENCE S. 89°4750" W. a distance of 8.81 feet to a set 60 penny nail; THENCE S. 0°3709" E. a distance of 3.29 feet to a set 60 penny nail; THENCE S. 89°4841" W. a distance of 52.21 feet to a set 60 penny nail; THENCE N. 32°00'34" W. a distance of 6.36 feet to a 60 penny nail set in the Southline of said Lot 360 and the North right-of-way line of 98th Street; THENCE N. 89°58'15" E., along said South line of Lot 360 and North right-of- way line of 98th Street, a distance of 64.34 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 LICENSEES. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEES at 9609 Uxbridge, Lubbock, Texas 79424 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. 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.However, upon STREET USE UCENSE U VIN & GARY ATKINS Uay 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. 1. LICENSEES shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of FIVE HUNDRED THIRTY -TWO-AND NO/100 (S532.00) DOLLARS 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 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 which would not 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, maintenance 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 enb.e: in the �,onstruction, 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. STREET USE LICENSE KEVQ9&C4d Y-11TJNS UQy 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, 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). 9. 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 LUBBOCK 4�" 7;� �0 WINDY SIT *, MA OR ATTEST: Kayt Darnell, City Secretary`---- APP OVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: arold Willard, Assistant City Attorney AGREED TO AND ACCEPTED this -:% day of K Atkins Gay A STREET USE LICENSE KEVIN &GAFF-=ATKINS 6—y 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 WINDY SIITON, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she 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 LUBBOCIC GIVEN UNDER MY HAND AND SEAL OF OFFICE this yam- day of 11997. '......" KATHERINE EGGER U'Notary Public. State of Texas ` �; a My ConpN55jon EXpUes 10•E97 Notary public in and for the State of Texas My Commission Expires: to - 6.91 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 KEVIN AND GAY ATKINS, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purposes and consideration therein expressed GIVEN MY HAND AND SEAL OF OFFICE this day of 1997. CAROL L. KUYKENDALL 04'Le- t�L� Public, State of Texas Notary public in and for th tate of Texas My Commission Expires My Commission Expires: _ 3-vZ0- moo C) 03-20-2000 HW.CVccdoc&/KAddn&d e February 14, 1M STREET USE LICENSE KEVIN & GARi-ATKINS U"Y