HomeMy WebLinkAboutResolution - 5489 - Street Use License - Luther Avitts Jr - Original Town Addition - 05_22_1997RESOLUTION NO. 5489
Item #17
May 22, 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 Luther Avitts, Jr.,
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 22nd day of May 1997.
*INDY S O , MAYOR
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Darnell, City Secretary
APPROVED AS TO CONTENT
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Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
arold Willard, Assistant City A`ttomey
aw:gs/ccdocs/1A ias.Tes
May S, 1997
RESOLUTION NO. 5489
Item #17
May 22, 1997
STREET USE LICENSE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This indenture made this day of 1997, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal
Corporation, and LUTHER AVITTS, JR., hereinafter called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does
hereby grant to the LICENSEE, the right, privilege and license to use a portion of a dedicated
street for twelve street lamps, nine trees and three canopies on Buddy Holly Avenue and 18th
Street, and being further described as follows:
Twelve (12) street lamps and nine (9) trees located in the street parkway of Buddy Holly
Avenue and 18th Street adjacent to Lots 1-12 of Block 231, Lots 13-24 of Block 230, and
Lots 9-10 of Block 215, Original Town Addition to the City of Lubbock. Three (3)
canopies, one canopy measuring five (5) feet by seventy-five (75) feet adjacent to Lots 4-6
of Block 231, one canopy measuring three (3) feet by one hundred and four (104) feet
adjacent to Lots 1 & 2, Block 231, and one canopy measuring five (5) feet by forty (40)
feet adjacent to Lot 10, Block 215, Original Town Addition to the City of Lubbock,
Lubbock County, Texas.
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 sixty (60) days
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 thirty (30) days notice to LICENSEE. Said notice shall be deemed properly
served if deposited in the post office, postage paid, addressed to LICENSEE at P.O. Box 10214,
Lubbock, Texas, 79401, or the last known address of LICENSEE.
Upon the expiration or cancellation and revocation of this license by the CITY OF
LUBBOCK, or the abandonment of this license by the LICENSEE, the improvements that are
permitted under this license shall be removed by the LICENSEE and the property shall be
restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event
LICENSEE fails or refuses 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 LICENSEE, for which
LICENSEE shall be liable.
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant
the sum of SEVEN HUNDRED FORTY NINE AND 25/100 ($749.25) DOLLARS cash in
advance contemporaneously with the acceptance and execution hereof by LICENSEE 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
LICENSEE of any change in rates in writing ninety. (90) days before the start of the five (5) year
term to which such change in rate shall apply, and if such notification is not timely made, then the
rate for the preceding five (5) year term shall apply.
2. The LICENSEE agrees to pay all costs arising out of the exercise of this license
herein granted including, but not limited to, 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, LICENSEE agrees 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 LICENSEE'S use herein.
4. This license is not transferable by the LICENSEE without first receiving the writ-
ten consent of the City Manager of the CITY OF LUBBOCK.
AGREED TO AND ACCEPTED this day of
BY:
LUTHER AVITTS, JR
THE STATE OF TEXAS
COUNTY OF LUBBOCK
1997.
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared WINDY SFITON, 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 herein stated as the act and deed of the CITY OF LUBBOCK.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this O?Zt/— day of
1997.
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N M. WOOD Notary Public in and for the State of Texas
PUBLICE of TEXAS M Commission E ires:
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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 LUTHER AVITTS, 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 for the purposes and consideration therein expressed. G
GIVEN UNDER MY HAND AND SEAL OF OFFICE this I-V4g day of
M 1997.
Notary Public in and for the State of Texa
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STREET USE LICENSE
LUTHER AVITPS, JR. — PAGE 3
S. This license is made subject to the condition that should the LICENSEE 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
LICENSEE, its successors 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, de-
mands, actions, causes of action and 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
permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any
contractors hired by LICENSEE 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 con-
tractors. 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 LICENSEE prior to incurring any costs or expenses or the payment of
any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or
adjust the same.
6. LICENSEE agrees and is required to furnish a policy of public liability and prop-
erty 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 LICENSEE shall submit
to the City Engineer plans and specifications for the construction to be done, and the LICENSEE
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 LICENSEE, its succes-
sors 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. LICENSEE, 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 LICENSEE waives any and all claims in and to the public way it is permitted
to use hereby and agrees to give peaceful possession of said property covered herein upon termi-
nation or cancellation of this license.
glar_,'OF LUBBOCK
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ATTEST:
Kat a amell, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right-of-Wdy Agent
APPROVED AS TO FORM:
Harold Willard, Nssistant CityAttorney
STREET USE LICENSE
LU MM AViTTS, JR. - PAGE 2