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HomeMy WebLinkAboutResolution - 111270F - Street Use License - Fields & Company - Original Town 4Th Street - 11_12_1970RESOLUTION 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 Fields & Company, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall con- stitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this12th day of Nove a 1970. ATTEST: Laven a Lowe, City Secretary- Treasurer APPROVED: red U. Senter, Jr., City STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 1 r day Of November 1970, between the CITY OF LUBBOCK, a Home Rule Municipality* and FIELDS & COMPANY, a Texas Corporation having its office in Lubbock County, Texas, hereinafter called "GRANTEE". W ITNESSE THt Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does grant unto the GRANTEE the right, privileges and license to construct, occupy and waintain that portion of the public right-of- way on 4th Street abutting Lot 1, Black 1, Original Town and Lot 1, Block 1, Ratliff Addition to the City of Lubbock, Lubbock County, Texas. 1. The uses permitted under this license are described as the installation and construction of a parking lot, a drawing of such construction is attached hereto and made a part hereof and the use granted hereby is limited to that shoran on such drawing. Z. The GRANTEE shall not construct. or allow to be con- structed upon the licensed right-of-way manonry, walls, planters, or other structures. S. The GRANTEE shall not place, plant, allow or maintain any. tree shrub or vegetation which may grow to a height greater than 18 inches. 4. The GRANTEE shall not allow any obstacle to be placed, constructed or maintained within the licensed right-of-way which will either cause a pedestrian to use the street as a pathway, orreduce or restrict the line of sight of pedestrians or motorists entering and/or leaving the travel surface of U. S. 82 Oth Street). b. The CITY OF LUBBOCK reserves the right to install or remove traffic control signs or devices, parking control signs, parking meters, or any other item incident to the control or regulation of traffic and normally installed in the street right -of -gray. S. The terms of this grant shall be from year to year not to exceed twenty (80) years without renewal by the City Council, and the CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license. with or without cause, upon thirty (30) days notice to GRANTEE. Said notice shall be deemed properly served if deposited in the Post Office. postage paid, addressed to GRANTEE at 1611 4th Street. Upon expiration or cancellation and revokation of this license by the CITY OF LUBBOCK or the abandonment of the license by the GRANTEE, the improvements that are permitted under this license shall be removed by the GRANTEE and the property shall be 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 the CITY OF r LUBBOCK, the CITY OF LUBBOCK-shall enter possession, and re:_:ove or cause to be removed such improvements and the expense incurred shall be assessed against GRANTEE, for which GRANTEE shah be liable. 7. GRANTEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of FINE AND N0/100 DOLLARS ($5.00) per year'for the duration of this Itcense, 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. B. Payment of the annual fee provided above, except the initial payment, shall be made by GRANTEE to the CITY OF LUBBOCK on January lot of each year this license is in effect, Notice of such fee being due shall be sent by the CITY OF LUBBOCK to the GRANTEE and upon failure of GRANTEE to pay such fee within thirty (30) days from receipt of such notice, the CITY OF LUBBOCK 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. 9. Prior to any construction as authorized by this license, the GRANTEE shall submit to the Oxy 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. 10. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the re-routing or re -alignment of any public utility, franchised utility, or sanitary or storm sewer line construc- ted or to be constructed by the.CITY OF LUBBOCK 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 IS use herein. 11. The GRANTEE agrees to pay all costs arlgtns out of the exercise of the license herein granted, including, but not limited to the replace- ment and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorised by this license. 12. This license is not transferable by the GRANTEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 13. This license is made subfect to the condition that should the GRANTEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, then and In that event said GRANTEE, its successors and 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, suits at law or in equity whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. CITY OF LUBBOCK. at its option, may require an agreement with any contractors hired by GRANTEE to perbnn the construction, repair or maintenance permi5ed herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such onntractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction, repair or maintenance per- mitted herein, to furnish, without expense to CITY OF LUBBOCK, a reliable surety bond, to an sunount and in the fora: satisfactory to said CITY OF LUBBOCK, guarantee* 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 satis- factory to, said CITY OF LUBBOCK. covering the contractdcl liability assumed by contractor in said agreement with CITY OF LtWBOCK, the CITY OF LUBBOCK agrees to give notice to GRANTEE prior to incurring any costs or expenses or the payment of any such claims or demands to order to give GRANTEE a reasonable opportunity to settle or adjust the satne. 14. 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 bene- fit of the parties hereto, but no assignment hereof by the GRANTEE, its succes- sors or assigns shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph (12). 15. GRANTEE. by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or Implied wxcept those expressly set forth herein and GRANTEE waives any and all clairns 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 can- cellation of this license. CITY OF LUBBOCK ATTEST: J. H. GRANBERRY„ MAYOR Lavenia Loweli City Secretary -Treasurer AGREED TO AND ACCEPTED this day of , 1970. LICENSEE: FIELbS A COMPANY B Y: ATTEST: APPROVED: Fred O. Senter, Jr., City Attorney APPROVED: aar. WW, Director of Fu is Wor s THE STATE OF TEXAS COUNTY OF LUBBOCK I BEFORE ME,- the undersigned authority, a Notary Public in and for said County, Texas,_ on this day personally appeared J. H. GRANBERRY, known to me to be the person whose name is subscribed to the foregoing in- strument 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 ,,1970. Notary Public, Lubbock County, Texas THE STATE OF TEXAS S COUNTY OF LUBBOCK S BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared of FIELDS & COMPANY, a Texas Corporation, • known to me to be the person whose name is subscribed to the foregotng in- strument and acknowledged to me that he executed the same as the act and deed of FIELDS & COMPANY, a, -Texas Corporation, for the purposes and considera- tion therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,. 1970. Notary Public, Lubbock County, Texas