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HomeMy WebLinkAboutResolution - 031369A - Street Use License - Lawrence V Van Horn Et Al - Soash-White Industrial Addition - 03_13_19693 2 4 RR3, 5' RPROT ,TTTTON 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 License in favor of Lawrence V. Van Horn and T. G. & Y. Stores Company, attached herewith which shall be spread upon the minutes of the Council and 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 ��_- _r Fred O. Senter, Jr., STREET USE LICENSE THE STATE OF TEXAS i C COUNTY OF LUBBOCK i This indenture made this`_LUbLday of Xaxrh , 1969, between, the City of Lubbock, Texas, a Hone Rule Municipality, hereinafter called "City" and Lawrence V. VanHorn and T. G. & Y. Stdres Company, a Delaware 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 license to construct, occupy, and maintain, below surr;sce level, d;)private water line under and across the :parkway area or sidewalk area of the west right of way of Ash Avenue adjacent to Lot 19-A, Soash-White industrial Addition to the City of Lubbock, Lubbock County, Texas. 1. A drawing of such construction is attached hereto and made a part hereof and the use granted hereby is limited to that shown on such drawing. The line permitted hereby is to be an 8-inch cast iron crater line buried approxi- mately 8 feet 6 inches in depth below the surface. 2. The terns 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. S. Grantee shall pay to the City as a compensation for such grant the sum of FIVE AND NO/100 ($5.00) DOLLARS per year for the duration of this license, 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 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 to Grantee by the City and upon failure of Grantee to pay such fee within 30 days from receipt of such notice, the City shall consider such con -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. S. 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 Grantees shall not commence construction until such plans and specifications are approved by the City Engineer and a permit secured from the City Engineer along with a bond as described in paragraph 8 herein if required. 6. The Grantees agree 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 Keep the street, alley and/or side- walk over such underground construction in such condition and repair 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 ordinances of said City regulating the use of space underneath streets, alleys, and sidewalks of said City. 7. In the event the City determines that the existance 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 may be, for its expense of such relocating or re-routing over and above the expense which would have been incurred except for Granteels use herein. 6. This license is made subject to the condition that should the Grantees, 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 contempleted, under and across any and 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, suitE 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 contempleted, 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 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 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 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 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, after the expiration of the primary term, the improvements that are permitted under this license 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 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 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. 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 peaceful possession of said property covered herein upon terminati n cancellat16n:n this license. CITY ATTEST BY;volt e � Fer.. A W. D. nah*R R. .J �;rrovcd Lavenia Lowe, City ecret -Treasurer _ AGREED TO AND ACCEPTED this day of 196E'T' AT- ; LICENSEE; T. G. & Y. STORES COMPANY BY: BY; Lawrence V. VanHorn 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 nacre 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 SAND AND SEAL OF OFFICE this day Of 1969. (SEAL) Notary Public, Lubbock County, Texas THE STATE OF OKLAHOMA I COUNTY OF I BEFORE ME, the undersigned authority, a Notary Public in and for said County. Oklahoma, on this day personally appeared the for T. G. & Y. STURM CORR NY, a corporation, known to ere 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 T. G. & Y. STORES COMPANY, a corporation, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY SAND AND SEAL OF OFFICE this __day of 1969. (SEAL) Notary Public, County, Oklahoma THE STATE OF OKLAHOMA [ COUNTY OF I BEFORE ME, the undersigned authority, a Notary Public in and for said County, Oklahoma, on this day personally appeared LAWRENCE V. VANHORN, known to me to be the person whose name is subscribed to the foregoing instru- ment and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY BAND AND SEAL OF OFFICE, this day of 1969. (SEAL) Notary Public, County, Oklahoma F 4 COON J`PP/N(�LC P TO ovrc-11�1 NEW ADDITION T. G.& Y. WAREHOUSE /7r 34. Fr. R1. z38, _LI7�+ l l�