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HomeMy WebLinkAboutResolution - 102468G - Street Use License - Lubbock National Bank - Original Town - 10_24_1968.R.F.. OT ,TTTT(lN WHEREAS, the City Council has heretofore approved the granting of a Street se Franchise to Court Place, Incorporated, and WHEREAS, before execution of such Franchise, request has been made to range the name of the Licensee to The Lubbock National Bank; NOW THEREFORE E 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 RANCHISE issued to The Lubbock National Bank attached herewith which shall be )read upon the minutes of the Council and as spread upon the minutes of this ouncil shall constitute and be a part of this Resolution as if fully copied herein in assed by the City Council this 24th TEST: enter, Jr., day of October , 1968. urer COUNTY OF LUBBOCK j This indenture made this 24 day of OCT , 19 68 between the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called "City" and the Lubbock National Bank, a National Banking Corporation, 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 (0) 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 (4") 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 (10) 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. e. A sub -surface strip of land below the sidewalk area extending along Main Street adjacent to Block 119, Original Town, said strip of land to be used for an underground tunnel or passageway the construction of which will be in a manner and at a depth approved by the City Engineer. Construction of this tunnel or passageway will involve alteration and reconstruction of an existing basement the location of the tunnel being as shown on the attached drawing. f. Several planter boxes on the sidewalk area, as shown on the attached drawing, said planter boxes to be placed in such a way as to provide a minimum six (61) foot sidewalk area adjacent to the property line, free of obstruction and to provide sufficient clearance from the street curb as to not obstruct ingress and egress to or from vehicles parked at the curb. The top of the planter boxes are to be approximately eight (8") inches above the sidewalk grade and the plant- ings will consist of trees pruned in such a manner as to not obstruct passage along the sidewalk areas. 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 and except the planter boxes. 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 conpensation for such grant the sum of ONE HUNDRED FIFTEEN AND NO/100 ($115.00) 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, except the initial payment, shall be made by Grantee to City on January Ist 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 Grantee shall not commence construction until such plans and specifications are approved by the City Engineer. 6. The Grantee agrees 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 ufflity, 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. S. This franchise is made subject to the condition that should the Grantee, its 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 property, then and in that event said Grantee, its successors or assigns, will at all times de- fend, 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 making of this franchise or the construction or main- tenance and use permitted herein. City, at its option, may require an agree- ment with any contractors hired by Grantee to perform the construction, repair _2 or maintenance 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, when engaged in the construction, repair or maintenance permitted herein, 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, 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.. The City agrees to give notice to Grantee prior to incurring any costs or expenses or the payment of any such claims or demands in order to give Grantee a reasonable opportunity to settle or adjust the same. 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 improvements that are permitted under this franchise 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 im- provements 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 assignment hereof by the Grantee, its 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 are intended or implied except those expressly set forth herein and Grantee 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 termination or cancellation of this franchise. CPI ATTEST; i Lavenia Lowe, City Secr ary-Treasurer AGREED TO AND .AC.CEPTED.this (gday of h APPROVED: Fred O. Senter, Jr., City Attorney APPROVED: Sam Wahl, City Engineer THE STATE OF TEXAS COUNTY OF LUBBOCK 1 BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared W. D. ROGERS, 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 as the act and deed of the CITY OF LUBBOCK AND AS MAYOR, for the purposes and consideration therein expressed, and the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 1968. (SEAL) Notary Public, Lubbock County, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK $ BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the LUBBOCK NATIONAL BANK, A NATIONAL BANKING CORPORATION, for the purposes and consideration therein expressed and in the capacity therein stated..