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HomeMy WebLinkAboutResolution - 081469A - Street Use License - Lubbock National Bank - Original Town - 08_14_1969RESOLUTION 'I BE 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 LUBBOCK NATIONAL BANK, attached herewith which shall be spread upon the minutes of the Coun- cil 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. APPROVED: enter, Jr., City Attorn T STREET USE LICENSE THE STATE OF TEXAS ( COUNTY OF LUBBOCK ( This indenture made this _day of ugtl ::� .1969, between the CITY OF LUBBOCK, Texas, a floniv, Rule Municipality, hereinafter called "City" and the LUBBOCK. NATIONAL LANK, a National Banking Corporation, hereinafter called `Graantec` . Subject to the terme, conditions and provisions herein, the City of Lubbock, Texas does hereby grunt unto Grantee the right, privileges and license to conatract. o"upy and maintain the uses stated below to be located within portions of Tema Avenue, Main Street, and Avenue J abutting Lots S, 7, S, ®, 10, 11, 12, 13, 14 and 15, Bloch 103, Original Town, Lubbock, Lubbock County, Texas, as more particularly shown and described on the drawing hereto incorporated and rrAde a part hereof. The uses permitted under this license are described as the installation and/or construction of planter boxes, trees, concrete block screening walls, exposed aggregate concrete and brushed concrete sidewalks as shown in the attached drawing. (1) Grantee shall be responsible for the pruning and/or shaping of the tree planted in or Immadiately e4jacent to the public right of sway covered in this license, to insure that the alleys, sidewalk are" and streets re- main free of obstruction so sic not to obstruct ingress and egress and passage through these public areas. (2) The rnaxtr Turn tree height of those trees taunted on Main Street and Texas Avenue and adjacent to the east -west alley between Texas Avenue and Avenue J shall be lirrAted to twenty-five (25) feet to prevent interference with overhead utility tines. (3) Construction in the public right of way covered by Oita license shall not begin Lentil such time as the City, of Lubbock has completed necessary modifieations to the storm drainage syssterr at the intersection of Math Street and Texas Avenue, and Main Street and Avenue J. (4) Curb and gutter sections, and curb and gutter and stdewalk. grades shell be as specified by the City Engineer. (d) The City reserves the right to install or remove traffic control sins or devices, parking control signs, parking teeters. or any other stew Incident to than control or regulation of traffic and normally instzaled to the street right of way. (8) The term of this grant shall be for twenty (20) years from the date of adoption hereof and thereafter for a period running from L-onth to month at the will of the city. (7} Grantee shall pay to the City as a compenaatfon for such grant the Bum of IfIVE AND NOI1©0 DOLLAR ($5. 00) per year for the duration of this license, with the first year payable can execution of this Instrument and a like sum payable on January lot of each succeeding year for the duration of thine license. (8) Pay-,..ent of the annual fee provided above, except the initial payment, shall be made by Grantee to City an January lot of each year this license to to 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 as 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. (9) Prior to any construction as authorized by this license, the Grantee shall submit to the City Va;gineer plane end specifications for the construction to be done, and the: Grantee shall not commence construction until such plans and specif 4eationis are approved by the City Engineer. (10) The Grantee agrees to pay all costa &rising out of the exercise of the license herein granted, including but not limited to the replaacer ant and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. (11) in the event the City deternAnes that the existence of ouch use Interferes with or causer, the re-routing or re -alignment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to lee conatructed by the City or fraancUsed utility, Grantee agrees to reimburse the City of Lubbock. or such utility, as the cast tray be, for its expense of such relocating or re-routtag over and above th& expense which would have been incurred except for Craantee's use herein. (12) r' hts license tea not transferable by the Grantee without first receives the written consent of the City Manager Vf the City of Lubbock. (13) This license is made subject to the condition that should the Grantee exercise any right Dander the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across many or all of the above set out property, Wen and in Vast event said Grantee, its successors and assigns, will at all tiam:-s defend, inderr•ntfy and otherwise hold the City of Labbock, its *Cents. servants, and employees harmless -2- from any and all clatme, demands, actions. causes of acting, suits at late or in equity whatsoever kind or nature which may grow out of or be related to the amaking of this license or the construction or maintenance and urge permitted herein. City, at its option, may require an agreement with any contractors hired by Grantee to ptrform the construction, repair or maintenance per- mitted herein, which agreement will indemnify the City from and against all claims, liability, cost and expense grcv°ing out of the performance of the work to be done by such contractor. The City, rosy further require much 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 satisfactory to said City, gsusranteeing the faithful performance of all the terms. covenants and conditions coarsened in said agreement and a certi- tied ropy of a policy of public liability and property damage insurance within limits specified by, and in a form satisfactory to, said City. c overin; the con- tractual liability assumed by contractor in said agree- ment with City. The City agrees to girt notice to Grantee prior to incurring any, costs or expenses or the payment of any such claims or detssands its order to giver Grantee a reasonable opportunity to settle or adjust the same. (14) At much tbre as this license should be canceled or revoked for any reason. before or after the expira- tion of the primary term, the improvements that are permitted Lander this license+ shall be removed by the Granted and CM property restored to its original condition at no cost or expense to the City of Lubbock. In the event Grantee oils or refuses to remove such Improvements after demand by City, the City shall enter possession4 and remove or cause to rte removed mwh improvements and the expense incurred shell be assessed against Grantee for which Grantee shell be liable. (15) All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assign and the dully authorized agents and contractors of Ow parties hereto to the same extent and offeet as the same are binding upon and inure to the bew,fit of the parties hereto. but no assignment hereof by the Grantee, its sucaeesorn or assigns _8- shall be binding Wu the City Of IAxbbo& without the con"at of tlta+ City of Labboak in each instmee, except as specified in 1i''sragraph (12). (18) Grantee, by the acceptance of the us6s permitted herein. understands and agrees that no interest, Htle or rights of possession am intended or implied es:cept those expressly set forth herein and Gr"Iee valves aay and all ale" in and to the pdblie tray it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK BY W. D. AGGERS, JR., MMR Lavenia Lowe, City Secretary-Tv"Oercr AGREED TO AND ACCEPTED this y of . logo. LICENSEE: THE LUBEOCX NATIONAL 13AEK b ATTEST't APPROVED: I L/' �O. $enter, Jr., City A y 1 APPROVED: Sana Wahl, Director of Pt:blie Vorks THE STATE OF TEXAS t COUNTY OF LT, B13OCK f BEFORE ME, than undersigned authority, a Notary Public In and fcr said County, Texas, an this day personally ap;*& raed 'W. D. ROGERS. JR. , know to me to be the pereon whose same is subscribed to the foregoing tustr mud and acknowledged to rzr<ae that he executed the same nee the act and deed of the CITY OF LUBBOCK and as MAYOR. for the purposes and consideration therein expressed, and is the deity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � d�q of .............�..�......* 1969. (SEAL) otary c, Caste, Teas THE STATI3 OF TEXAS t COUNTY OF LUBBOCK I i MW� ,RE ME, the undaersigned authority. a Notary Public in and ibr said County. T , an brie day j*rsoaally rapped know to me to be the person whose a e is subscr a to M foreFI—ng ixaa0 i meat and acknowledged to me that he executed than same as the act 00 deed of the LUBBOCK NATIONAL BANK, as National Banking Corporxatim, for the purpoa>sea and consideration therein wWremsed and in the c*pae ty therein sued. GIVEN UNDER MY HAND AM BEAL OF OFFICE this: dV of . tND. (SEAL) P+iotaeg e, Lnbbc k Couutg.. Texas