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HomeMy WebLinkAboutResolution - 102668A - Street Use License - Court Place Inc - Original Town - 10_26_19681C' L-Ew Io 11 RESOLUTION 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 irected to execute for and on behalf of the City of Lubbock a STREET USE LICE ttached herewith which shall be spread upon the minutes of the Council and as c pread upon the minutes of this Council shall constitute and be a part of this esolutbn as if fully copied herein in detail. assed by the City Council this 26th day " "-- ATTEST: ,alenia Lowe, City Secretary -Treasurer APPROVED: red O. Senter, Jr., (;01y*Attorney STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 2 day of SEP , 1968 between the City of Lubbock, Texas, a home Rule Municipality, hereinafter called "City" and Court Place, incorporated, a corporation authorized to do business in the State of Texas, hereinafter called "Grantee. " WITNESSETH: Subject to the terns, 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 described. - The East-West alley in Block 110. 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. 3. Grantee shall pay to the City as a compensation for such grant the sum Of 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 (30) 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. The Grantee agrees to pay all costa arising out of the exercise of the license herein granted, including but not limited to thereplacement and repairing of paving, sidewalks .and utilities of any nature occasioned by the construction as authorized by tide 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 'jauch utility, as the case may be, for its expense of such relocating or rerouting Hover and above the expense which would have been incurred except for Grantee's yuse herein. T. 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 groaning out of the performance of the work to be done 1by 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. 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. 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 he is permitted to use hereby and agrees to give peaceful possession of said property covered upon termination or cancellation of this license. ATTEST: C11 BY r /d Lave is Lowe, Ci y Sec ary-Treasurer AGREED TO AND ACCEPTED this day of ,1966. LICENSEE: COURT PLACE, INCORPORATED APPROVED: BY: j Fred 0. Seater, Jr., City Attorney ' - 2 - THE STATE OF TEXAS I COUNTY OF LUBBOCK i BEFORE ME, the undersigned authority. a Notary Public in and for said County, Texas, on this day personally appeared W. D. ROGERS, JR., knows to we 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 in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE. this day of 1968. (SEA Li Notary Public, Lubbock County, Texas THE STATE OF TEXAS I COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared of COURT PLACE, INCORPORATED, a corporation, Lwow n to me to be the person whose name is subscribed to the foregoing instru- ment and acknowledged to we that he executed the same as the act and deed of COURT PLACE, INCORPORATED, a corporation, for the purposes and Consider- ation therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1968. (SEAL) Notary Public, Lubbock County, :Texas - 3 -