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HomeMy WebLinkAboutResolution - 011471D - Street Use License - Robert H. Maeker - Building Canopy, Lots 11 & 12 Blk 116 OT - 01_14_1971b 1/491n RESOLUTION 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 Robert H. Maeker, attached herewith which shall be spread upon the minutes of the Council and as spread upcn the minutes of this Council shall con- stitute and be a part of this Resolution as if fully pied herein in detail. Passed by the City Council this 14th d f January , 1971. a ATTEST: L Lavenia'Lowe, City Sehret APPROVED AS TO FORM: red O. Senter, Jr., City STREET USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK I This indenture made this 1 j day of 1 � , 1971, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corpor- ation, and ROBERT H. MAEKER, hereinafter called "GRANTEE". WITNESSETH: Subject to the terms and provisions herein, the CITY OF LUBBOCK, TEXAS does hereby grant unto GRANTEE, his heirs and assigns, as pro- vided below, the right, privileges and license to construct and maintain a sidewalk canopy 10. 00 feet in width, 50. 00 feet in length, with a minimum roof height of P.00 feet and two advertising signs thereon] c-! said canopy abutting the building located on Lots 11 and 12, Block 116, Original Town of Lubbock, Lubbock County, Texas. 1. A drawing of the use is attached hereto and made a part hereof and the use granted hereby is limited to that shown on such drawing. 2. GRANTEE shall be entitled to erect, install, display, repair and maintain two signs on the roof of the canopy, but said signs shall not exceed 451 inches in height and shall not be so installed to protrude or pro- ject beyond the leading edge of the said canopy. 3. 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 retuletion of traffic and normally installed in the street right-of-way. 4. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Council, and the CITY OF LUB- BOCK retains the right, at tts 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, ad- dressed to GRANTEE at 1310 Broadway. Upon expiration or cancellation and revocgtion 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 LUBBOCK. the CITY OF LUBBOCK 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. 6. GRANTEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of FIVE AND NO1100 DOLLARS %5.00) 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 let of each succeeding year for the duration of this license. S. Payment of the annual fee provided above, except the initial Pay- ment shall be made by GRANTEE to 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 GRANTEE and upon failure of GRANTEE to pay such fee within thirty (30) days from receipt of such notice, the CITY OF LUB- BOCK 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. 7. 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. S. 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 re- pairing of paving, sidewalks and utilities of any nature occasioned by the con- struction as authorized by this license. 8. In the event the CITY OF LUBBOCK determines that the existence of such use interbre with or causes the re-routing or re -alignment of any pub- lic utility, franchised utility, or sanitary or storm sewer line constructed 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 re -locating or re-routing over and above the expense which would have been incurred except for GRANTEE'S use herein. to. This license is not transferable by the GRANTEE without first recei- ving the written consent of the City Manager of the CITY OF LUBBOCK. 11. This license is made subject to the condition that should the GRANTEE exercise any right under the license herein granted and prepare or begin or com- plete 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, his heirs 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 or 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 construc- tion or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by GRANTEE to perform the .construction, repair or maintenance permitted herein, which agree- ment 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 contractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK. a reliable surety bond, in an amount and in the form satisfactory to said CITY OF LUBBOCK, guaranteeing the faith- ful performance of all the terms, covenants and conditions contained in said agree- ment and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. 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 in order to give GRANTTE a reasonable opportunity to settle or adjust the same. 12. ISRANTEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satis- factory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 13. 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 GRANTEE, his heirs and 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 (10). 14. GRANTEE, by the acceptance of the uses permitted herein, under- stands and agrees that no interest, title or rights or possession are intented or implied except those expressly set forthfherein and GRANTEE waives any and all claims 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 cancell- ation of this license. CITY OF LUBBOCK J. H. GiRANBER , MAYOR ATTEST: Lavenis Lowe, City Sec ary-Treasurer AGREED TO AND ACCEPTED THIS day of , 1071. LICENSEE: ROBERT H. MAEKER APPRCVED AS TO FORM: Fred O. Senter, Jr.. City Attorney APPROVED: gam Wahl, Director of Public Works 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, ltnown to me to be the person whose name is subscribed to the foreging in- ptrument 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 con- sideration therein expressed, and in the capacity there imnstate d. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1g71. Notary Public, Lubbock County, Texas THE STATE OF TEXAS i COUNTY OF LUBBOCK t BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared ROBERT H. MAEKER, 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 for the purposes and consideratbn therein expressed. GIVEN UNDER MY HAND AND SEAL OF OF710E this day of 1071. Notary Public, Lubbock County, Texas