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HomeMy WebLinkAboutResolution - 110967F - Street Use License - LISD - 47Th Street - 11_09_1967STREET USE LICENSE THE STATE OF TEXAS i COUNTY OF LUBBOCK I This indenture made this 2 1;,day of NOV , 1967, between the City of Lubbock, Texas, a Horne Rule Municipality, hereinafter called "City" and Lubbock Independent School District. 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 for the purpose of erecting a fence and constructing tennis courts and an athletic field and a 5" wide sidewalk abutting the curb which will extend onto the park- way area as follows: A 121 wide portion of the south right-of-way of 47th Street, extending from Indiana Avenue east a distance of 4501; such area being adjacent to Monterey High School. I. The use granted hereby shall extend to that stated above only and shall not permit any further use of said public way. 2. The use granted herein shall be for a period running from month to month at the will of the City. 8. 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 authorized by this license. Grantee shall keep the sidewalk abutting 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 time$ comply with the ordinances of said City regu- lating the use of space over streets, alleys and sidewalks of said City. 4. In the event the City determines that the existence of such use interferes with or causes the rerouting or re -aligning of any 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. 5. This license is made subject to the condition that should the Grantees, their successors or assigns, exercise any right under the license herein granted and prepare or begin or complete_ any part of the construction as herein contem- plated, 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 main- tenance 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 construction, maintenance and use permitted herein. 6. At such time as this license should be canceled or revoked for any reason, the improvements that are permitted under this license shall be re- moved 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 pose- ession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against 'Grantee for which Grantee shall be Lt able. 7. Grantee, by the acceptance of the uses permitted herein, under- stands and agrees that no interest, title or rights or 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 to permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. APPROVED: Fred O. Senter, Jr., City Attorney AGREED TO AND ACCEPTED this day of 19@7. GRANTEE: LUBBOCK INDEPENDENT SCHOOL DISTRICT By: JAMES H. WHITESIDE. president of the Board of Trustees THE STATE OF TEXAS THE COUNTY OF LUBBOCK 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 BEAL OF OFFICE, this day of . 1967. (SEAL) Notary Public, Lubbock County, Texas TAR 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 JAMES H. WHITESIDE, President of the Board of Trustees of the Lubbock Independent School District, known to me to be the person whose name is subscribed to the foregoing instru- ment and acknowledged to me that he executed the some as the act and deed of Lubbock Independent School District, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of . 1969. Notary Public, Lubbock County, Texas (SEAL)