HomeMy WebLinkAboutResolution - 061368C - Street Use License - M.P. Wood - Redwood Addition - 06_13_1968RESOLUTION
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
rected to execute for and on behalf of the City of Lubbock a STREET USE LICENS
Cached herewith which shall be spread upon the minutes of the Council and as spre
on the minutes of this Council shall constitute and be a part of this Resolution as
fully copied herein in detail.
ed by the City Council this 13eh day of .rune , 1968.
TTEST:
, G1w;:iecretary-Treasurer
NPPROVED:
E'red O. Senter, Jr., Cit attorney
STREET USE LICENSE
THE STATE OF TEXAS i
COUNTY OF LUBBOCK
This indenture made this 18 day of A , 1968, between the City
of Lubbock, Texas, a Horne RuW icipality, hereinafter called "CITY" and
M. P. Wood, hereinafter called "GRANTEE ".
WITNE5SETH:
Subject to the terms, conditions and provisions herein, the City of Lubbock,
Texas, does hereby grant unto Grantee, his successors and assigns, the right,
privileges and license to construct, occupy and maintain a wooden fence across,
along and within the parkway and that portion of LaSalle Avenue adjacent to Lots 1.
Z and s. Redwood Addition to the City of Lubbock, Lubbock County, Texas and
across, along and within the public alley within such described property according
to the plat attached hereto and made a part hereof.
1. It is understood and agreed that in the event the City determines the
above portions of streets and alleys should be reopened, the Grantee shall remove
the fence at his cost.
3. Grantee shall provide agate at the alley entrance on LaSalle Avenue to
be used by utility companies for installation and maintenance. Grantee shall fur-
ther erect signs, warnings or reflectors at the blocked street and alley entrances
as may be required by the City and Grantee ,shall assume all liability and responsi-
bility in connection therewith.
3. 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.
4. Grantee shall pay to the City as a compensation for such grant the sum
of FIVE AND N0/100 ($5.00) DOLLARS. per year for the duration of this license,
with the first year payable on execution of this instrument and alike sum payable
on January lot of each succeeding year for the duration of this license.
S. Payment of the annual fee provided above shall be made by Grantee to
City on January lot of each year of this license is in effect. Notice of such fee
being due shall be sent to Grantee by the City and upon failure of Grantee to pay
such fee within thirty (80) days from receipt of such notice, the City shall consider
such non-payment as a default in this license and the City Council shall determine
whether such license shall be considered forfeited and` may elect. to demand vacation
by Grantee.
6. Prior to any construction as authorized by this license, the Grantee shall
submit to the City Engineer plans and specifications for the construction to be done,
and the Grantee shall not commence construction until such plans and specifications
are approved by the City Engineer and a permit secured from the City Engineer
along with a bond as described in Paragraph 9 herein if required.
7. The Grantee agrees 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 street, alley and/or sidewalk
over such underground 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 times, comply with the ordinances of said City regulat-
ing the use of space underneath streets, alleys, and sidewalks of said City.
S. In the event the City determines that the existence of such use interferes
with or causes the rerouting or realigning 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 rerouting over and above
the expense which would have been incurred except for Grantee's use herein.
9. This license is made subject to the condition that should the Grantee, his
successors or assigns, exercise any right under the license herein granted and pre-
pare or begin or complete any part of the construction as herein contemplated, under
and across any and all of the above set out property, then and in that event maid
Grantee, his successors or assigns, will at all times, defend, indemnify and other-
wise 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 what-
soever kind or nature which may grow out of or be related to the making of this license
or the construction or maintenance 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 end use permitted herein. City, at its option, may require an agreement
with any contractors hired by Grantee to perform the construction, repair or mainten-
ance 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 contractor. The City may further require such contractor to furnish,
without expense to City, a reliable surety bond, in an amount and in the form satis-
factory to said City, guaranteeing the faithful performance of all the terms, coven-
ants and conditions 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 satisfactory to, said City, covering the contractual liability assumed by con-
tractor in said agreement with City.
10. At such time as this license should be cancelled or revoked for any rea-
son, after the expiration of the primary term. the improvements that are permitted
under this license shall be removed by the Grantee 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 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.
11. 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 Grantee, his successors or assigns, shall be binding
upon the City of Lubbock without the consent of the City of Lubbock in each instance.
12. Grantee by the acceptance of the uses permitted herein, understands and
agrees that no interest, title or rights of possession aM intended or implied except .
those expressly set forth herein and Grantee waives aii-}%htf %11 elaims,.ln and to the
public way he is permitted to use hereby and agrees to give peacef&"seesaiori itf
said property covered herein upon termination or cancellation ofVicense,
ATTEST: CITY j
By:'Eave.
n - r APPROVED:
Fred en er, r., My Afforney
AGREED TO AND ACCEPTED this day of , 1968.
M. P. WOOD, LICENSEE
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