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HomeMy WebLinkAboutResolution - 080868B - Street Use Franchise - Court Place Inc - Original Town - 08_08_1968WHEREAS, the City Council has heretofore granted preliminary approval of a street use franchise to be granted to Court Place, Incorporated, and WHEREAS, Court Place, Incorporated has submitted its amended request for such street use franchise; NOW THEREFORE: 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 FRAN- CHISE, attached herewith which shall be spread upon the minutes of the Council an 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 th day of Austust , 1968. TTEST: ja enia Lowe, ity Secretary -Treasurer APPROVED: 'red O. $enter, Jr., Cif tornev t STREET USE FRANCHISE THE STATE OF TEXAS X COUNTY OF LUBBOCK I This indenture made this 8th day of August 1968 between .the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called "City" and Court Place, Inc. , a corporation, authorized to do business in the State of Texas, 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 franchise to construct, occupy and maintain the uses stated below to be located within portions of Main Street, Texas Avenue and the east -west alley in Block 119, Original Town, City of Lubbock, Lubbock County, Texas, as more particularly shown and described on the drawing attached hereto and made a part hereof. The uses permitted hereunder and as shown on the attached drawing, are as follows, to -wit; a. A bumper curb or ledge, approximately six (67 inches above grade, projecting approximately one foot into the right of way of the streets and alley as shown on the attached drawing. b. A four (41) inch projection of the marble facing on the multi story building. The projection will be into the street and alley and will extend from the second floor to the top of the building. The top of the building will be approx- imately 120 feet above grade. c. An underground transformer vault projecting ',ten tO') feet into the alley at the rear of the multi story, or tower part. - d. A sub -surface strip of land seven (71) feet in width crossing the street right of way and extending from the Northeast corner of Block 119 to the Southwest corner of Block 104, both in the Original Town of Lubbock. This strip of land will be used for an underground tunnel or passageway and any con- struction therein will be in the manner and at the depth approved by the City Engineer. 1. The use granted hereby shall not extend to the use of the ground level of the property above described but shall only permit below surface or building overhang construction, except the bumper curb or ledge. 2. 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. 3. Grantee shall pay to the City as a compensation for such grant the sum of SIXTY AND N0/100 ($60. 00) DOLLARS per year for the duration of this franchise, with the first year payable on execution of this instrument and a like sum payable on January 1st of each succeeding year for the duration of this franchise. 4. Payment of the annual fee provided above shall be made by Grantee to City on January 1st of each year this franchise is in effect. Notice of such fee being due shall be sent by the City to Grantee and upon failure of Grantee to pay such fee within thirty (30) days from receipt of such notice, the City shall consider such non-payment as a default in this franchise and the City Council shall determine whether such franchise shall be considered forfeited and may elect to demand vacation by Grantee. 5. Prior to any construction as authorized by this franchise, the Grantee shall submit to the City Engineer plans and specifications for the con- struction to be done, and the Grantees shall not commence construction until such plans and specifications are approved by the City Engineer. 6. The Grantees agree to pay all costs arising out of the exercise of the franchise 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 franchise. Grantee shall keep the alley and/or sidewalk over such underground construction in such condition and re- pair 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 ordin- ances of said City regulating the use of space underneath and over streets, alleys and sidewalks of said City. 7. In the event the City determines that the existence of such use interferes with or causes the re-routing 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. 8. This franchise is made subject to the condition that should the Grantees, their successors or assigns, exercise any right under the franchise herein granted and prepare or begin or complete any part of the construction as herein contemplated, under and across any or all of the above set out pro- perty, 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 maklig of this franchise 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 con- struction, maintenance and use permitted herein. City, at its option, may require an agreement with any contractors hired by Grantees to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the City from and against all claims, liability, cost and expense grow- ing 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, 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 and property damage insurance within limits specified by, and in a form satis- factory to, said City, covering the contractual liability assumed by contractor in said agreement with City. 2 s 9. Grantee agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to, said City which names the City as an insured, said policy covering the uses herein granted in general and the bumper curb or ledge in particular. 10. At such time as this franchise should be canceled or revoked for any reason, before or after the expiration of the primary term, the improve- ments that are permitted under this franchise 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 Grantee fails or refuses to remove such improve- ments 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 franchise 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 oLssignment hereof by the Grantees, their success- ors 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, under- stands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and Grantee waive s 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 termination or cancel- lation of this franchise. CITY OF LUBBOCK " By: W. D. ROGERS, JR.', MAYOR ATTEST: Lavenia Lowe, City Secretary -Treasurer AGREED TO AND ACCEPTED this day of , 1968. LICENSEE: COURT PLACE, INC.',' A CORPORATION BY: JAMES A LITTLEFIELD, VICE PRESIDENT APPROVED: Fred O. Senter, Jr., C' Att ey APPROVED: m Wahl, ity nginee 3 -