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HomeMy WebLinkAboutResolution - 062768B - Street Use License - Tom H. Abraham Et Al - Overton Addition - 06_27_196801LO �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 attached herewith 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. APPROVED: IrFred O. Senter, Jr.,,12W Attorney STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this , � day of JUN 1068, between the City of Lubbock, Texas, a Home Rule Muni pality, hereinafter called "CITY" and Tom H. Abraham and Ken Abraham, hereinafter called "GRANTEES". WITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas, does hereby grant unto Grantees, their successors and assigns, the right, privileges and license to construct and maintain a canopy, with supporting columns, over the sidewalk area adjacent to the South 102.6 feet of Lot 13, Block 101, Overton Addition to the City of Lubbock, Lubbock County, Texas. The sidewalk area covered by this license is 6 feet 6 inches in width and covers the sidewalk area on both the University Avenue and 14th Street sides of the above property. 1. The term of this grant shall be for twenty (20) years from the date of adop- tion hereof and thereafter for a period running from month to month at the will of the City. 2. Grantees shall pay to the City as a compensation for such grant the sum of FIVE AND NO/100 ($5. 00) DOLLARS. per year for the duration of this license, with the first year payable on execution of this instrument and a like sum payable on January 1 of each succeeding year for the duration of this license. 8. Payment of the annual fee provided above shall be made by Grantees to City on January 1 of each year of this license Is in effect. Notice of such fee being due shall be sent to Grantees by the City and upon failure of Grantees to pay such fee within thirty (30) days from receipt of such notice. the City shaU 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 vac- ation by Grantees. 4. Prior to any construction as authorized by this license, the Grantees shall submit to the City Engineer plans and specifications for the construction to be done, and the Grantees shall not commence construction until ouch 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 7, herein if required. S. 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 wing, sidewalks, and utilities of any nature occasioned by the construction as authorised by this license. Grantees ahall,keep the street, alley and/or sidewalk under 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 times, comply with the ordinances of said City regulating the use of space underneath street#, alleys, and sidewalks of said City. 6. in the event the I 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 fran- chisel utility, Grantees agree 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 Grantees' use herein. 7. 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 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 said Grantees, their successors or assigns, will at all times, defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and employees harm- less 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 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 and use permitted herein. City, at its option, may require an agreement with any contractors hired by Grantees to per- form the construction, repair or maintenance permi#erd 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 satisfactory to said City, guaran- teeing the faith€uljPerformsnce of all the terms, covenants 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 contractor in said agreement with City. 8. At such time as this license should be cancelled or revoked for any reason, after the expiration of the primary term, the improvements that are permitted under this license shall be removed by the Grantees and the property restored to its original condition at no cost or expense to the City of Lubbock. In the event Grantees fail or refuse to remove such improvements after demand by City, the City shall enter possession, and remove or cause to be removed such improve- ments and the e#zpense incurred shall be assessed against Grantees for which Grantees shall be liable. 9. 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 Grantees, their successors or assigns, shall be binding upon the City of Lubbock without the consent of the City of Lubbock in each instance. 10. Grantees by the acceptance of the uses permitted herein, understand and agree that no interest, title or rights of possession are intended or implied except those expressly set forth herein and Grantees waive any and all claims in and to the public way1b6jLst?e-permitted to use hereby and agree to give pe-ceful posse- ssion of said property covered herein upon termination or cancellation of this license. CITU 6A1MUBB K ATTEST: Laventh Lowe, Cit Secretary -Treasurer BY APPROVED; Fred O. Senter, Jr., City Attorney AGREED TO AND ACCEPTED this I day of , 1968. N ABRAHAM TOM H. ABRAHAM