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Home My WebLink AboutResolution - 021369D - Street Use License - B.V. Maples - Gene's Addition - 02_13_1969u4r`7 RESOLUTION 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 -ected to execute for and on behalf of the City of Lubbock a Street Use License th B. V. Maples attached herewith which shall be spread upon the minutes the Council and as spread upon the minutes of this Council shall constitute d be a part of this Resolution as if fully copied herein in detail. sed by the City Council this 13th Senter, Jr., City STREET USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK This indenture made this, 13thday of February 1969, between the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called "City" and B. V. Maples, hereinafter called "Grantee." WITNESSETH: Subject to the terms, conditions and provisions herein,the City of Lubbock, Texas, does hereby grant unto Grantee, his successors and assigns, the right, privileges and license to use a portion of the public way as hereinafter described: That portion of East 19th Street, adjacent to Lot 1, Gene's Addition, a re -plat of Lots 12, 13, 14 and 15, Block 33, Morrow Subdivision, City of Lubbock, Lubbock County, Texas, as shown on the plat attached hereto and made a part hereof. 1. The use granted hereby covers the construction presently in place on such property and normal repairs to such structure are permitted, but new or replacement structures are prohibited. 2. The term of.this grant shall be for a period of twenty years, unless the building on such property is demolished or removed before the end of such period of time; in such event, this license shall terminate upon such removal. 3. Grantee shall pay to the City as a compensation for such grant the sum of TEN AND N0/100 ($10.00) DOLLARS per year for the duration of this license, with the first year payable on execution of this instrument and a like sum pay - ably on January 1st 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 1st 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. 5. It is understood that the construction authorized herein has been com- pleted, but as to any changes, the following shall apply: Prior to any construction as authorized by this license, the Grantee shall submit to the City Engineer plans and specifications for the construction 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 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. 7. In the event the City determines that the existence of such use inter- feres 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 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 license is made subject to the condition that should the Grantee, his 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 Grantee, his successors and assigns, will at all times defend, indem- nify and otherwise hold the City of Lubbock, its agents, servants, and employees 1 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. City, at its option, may require an agreement with any contractors hired by Grantee to perform the construction, repair 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 to furnish without expense to the 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 such 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. 9. At such time as this license should be canceled or revoked for any reason, the improvements that are permitted under this license shall be removed by the Grantee and the property restored to its original condition at no cost or expense to the City of Lubbock; nor shall the City be liable to Grantee for loss in revenue or loss in value of equipment occasioned by such removal. 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. 10. 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 agreement hereof by the Grantee, his successors or assigns, shall be binding upon the -City of Lubbock without the consent of the City of Lubbock in each instance. 11. 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 peace- ful possession of said property covered upon termination or cancellation of this license. - 2 - AGREED TO AND ACCEPTED this day of 1969. LICENSEE: B. V. MAPLES BY: APPROVED: Fred O. Senter, Jr., Attorney APPROVED: Wilford D. Watson, City Engineer 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. , 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 in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1969. 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 B. V. MAPLES, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1969. Notary Public, Lubbock County, Texas � Li O. D/0'• /RON •, %� ii� ,. '4�•�IY ROO- N. W. COA. LOT . Y?, 64.1e. Sys AfOaAOMI N.C. COR. C rAfCZ APA 1-? zo ,It Al 1 = 1 • 'n a o _ .1 rz' 1 �• I a. � 1 r 1 i i. Al 6 I T szs' a q Irt.$Ift 1 s t J47• o Z HICKS e RAGLAND CONSULTING EhrINEERING COMPANY CIVIL Akio. ! .EY1713 OIVIStott u SH 7-431: - lV4 40,A -COX 3008 t, LUL000K TEXAS 70410