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HomeMy WebLinkAboutResolution - 092668J - Street Use License - Court Place Inc - Original Town - 09_26_1968K.T:EW 01twKy 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 autborized and directed to execute for and on behalf of the City of Lubbock a STREET USE LICENSE attached herewith which xhall be spread upon the minutes of the Council and as spread ups the minutes of this Council shall; c etttute and be at part of this Resolution as H Billy copied herein to detail. Passed by the City Cauncdi this 26 t9ay o+ SEP fsaa APPROVED: Fred ©. beater, Jr., City Attorney /f F� '}•4 '.eau^:r. .. STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK 1 This indenture made this 26 day of SEP 1968 between the City of Lubbock, Texas, a home Rule Municipality, hereinafter called "City" and Court dace, Incorporated, a corporation authorized to do business in the State of Texas, hereinafter called "Grantee. " W ITNESSE THs Subject to the terms, conditions and provisions herein, the City of Lubbock. Texas, does hereby grant unto Grantee, its successors and assigns, the right, priveleges and license to use a portion of the public way as hereinafter describeds The East-West alley in Block 119, Original Town, City of Lubbock, Lubbock County, Texas. 1. The use granted hereby ;.covers occupancy during construction on abutting property and permits the use of such property as a work area or temp- orary storage area for construction materials and equipment. 2. The term of this grant shall be for one (1) year from the date: of adopt- ion hereof and thereafter for a period running from month to month at the will of the City. S. Grantee shall pay to the City as a compensation for such grant the sum Of $1.00 per year for the dura- tion of this license, with the first year payable on execution of this instrument and a like sum payable on January lot of each succeeding year for the duration of this license. ` 4. Payment of the annual fee provided above shall be made by Grantee to City on January lot of each year this license 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 (38) 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. .; b. The Grantee agrees to pay all coats 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 erect such barricades, warning signs and other safety devices as may be required by the City Engineer. 6. 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 constructed by the City or franchised utility, Grantee agrees to reimburse the City of Lubbock, or such utility, as the case maybe, for its expense of such relocating or rerouting over and above the expense which would have been incurred except for Grantee's use herein. 1 r 7. This license is made subject to the condition that should the Grantee, 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, indem- nify 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 maintenance herein contem- plated, 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, 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 sat- isfactory 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 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 canceled or revoked for any rea- son, before or after the expiration of the primary term, the improvements that are permitted under this license shall be removed by the Grantees and the pro- perty 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. e. An 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. ld. Grantee, by the acceptance of the uses permitted herein, understands ' and agrees that no interest, title or rights of possession are intended or implied "r except those expressly set forth herein and Grantee waives any and all claims in and to the, public way he is permitted to use hereby and agrees to give peaceful possession of said property�covered upon termination or cancellation of this license. ' CITY OF LUSH ATTEST: BY [/ll. .� s W. D. ROGERS.. MAT09i Lave e, CI y Sec tary-Treasurer AGREED TO AND ACCEPTED this day of , less. PCENSEE: COURT'PLACE, INCORPORATED APPROVED: BYs is Fred O. _Senter, Jr., City Attorney k