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HomeMy WebLinkAboutResolution - 5696 - Street & Alley Use License - Parkhill Smith & Cooper Inc - Communications Cable - 11_13_1997RESOLUTION NO. 5696 Item # 19 November 13, 1997 RESOLUTION BE IT RESOLVED BY THE CITY COUNClI, 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 and Alley Use License in favor of Parkhill, Smith & Cooper, Inc. for a communications cable across a portion of Avenue R and an adjacent alley, attached hereto and 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 13th. day of November 1997. ATTEST: ljx�'/&WA �Ilayt Darnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way A ent APPROVED AS TO FORM: arold Willard, Assistant City Attorney H W:gs/ccdoct/$t-Av6kres October 22, 1997 RESOLUTION NO. 5696 Item #19 November 13, 1997 STREET AND ALLEY USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 13th day of November 1997, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corpora- tion, and PARKHILL, SMITH & COOPER, INC, hereinafter called "LICENSEE." WITNES SETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portions of a dedicated street and alley for a communications cable across a portion of Avenue R and an adjacent alley, and being further described as follows: BEGINNING at a point in the North -South alley adjacent to the West side of Lot 1, Block 6, Southport Addition to the City of Lubbock, Lubbock County, Texas, whence point is approximately 120.00 feet North of the most Southerly Southwest corner of Lot 1, Block 6, Southport Addition; THENCE North 62.8 feet to a point; THENCE West 184.00 feet along the North side of said alley and across Avenue R to a POINT OF TERMINATION. The term of this grant shall be for three (3) years from date hereof, 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 LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 4010 Avenue R, Lubbock, Texas, 79412, or the last known address of LICENSEE. Upon the expiration or cancellation and revocation of this license by the CITY OF LUBBOCK, or the abandonment of this license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed such improvements, and the expense incurred shall be assessed against LICENSEE, for which LICENSEE shall be liable. 1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of ONE HUNDRED FIFTY AND NO/100 ($150.00) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the three (3) year term of this license. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted including, but not limited to, the replacement and repair of paving, sidewalks and utilities of any nature damaged as a result of the construction authorized by the license. 3. In the event the CITY OF LUBBOCK determines that the license herein granted interferes with or causes the rerouting or realignment of any public utility, franchised utility or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK or such utility, as the case may be, for its expense in relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. 4. This license is not transferable by the LICENSEE without first receiving the writ- ten consent of the City Manager of the CITY OF LUBBOCK. 5. This license is made subject to the condition that should the LICENSEE exercise any right under this license and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above described property, then and in that event, said LICENSEE, 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, de- mands, 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 use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted 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 con- tractors. The CITY OF LUBBOCK may further require any of said contractors, 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 a form satisfactory to the said CITY OF LUBBOCK, 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 insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 6. LICENSEE agrees and is required to furnish a policy of public liability and prop- erty damage insurance within limits specified by and in a form satisfactory 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. 7. 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 LICENSEE, 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 numbered paragraph four (4). 8. LICENSEE, 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 LICENSEE 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 termi- nation or cancellation of this license. CITY OF LUBBOCK BY: WINDY SIT N, V ATTEST: APPROVED AS TO F�ORM:� Harold Willard, Assistant City Attorney AGREED TO AND ACCEPTED this O X__ day of ©clv Gc r 1997. PARK.HIL•L, SMITH & COOPER, INC. BY: 0��� —,— TITLE: R esi✓.4t STREET USE LICENSE PARKHIL, SMITH & COOPER, INC. - PAGE 2 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared WINDY SITTON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same as the act and deed of the CITY OF LUBBOCK and as its MAYOR for the purposes and consideration herein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 18*u day of N 1997. (����� KATFIEAOIEEfiGER -S1ic�in�� �hs2r ;t � /'r NotarYPubOGSlaEldTmi My cvmmwmE*=10" Notary Public in and for tW State of Texas My Commission Expires: to. otv of THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared C , c t 4!j -r. j y sA 6f2 _, 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 and in the capacity therein stated as the act and deed of PARKHILL, SMITH & COOPER, INC. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30---f. day of 1997. EDWARD WILSON 1IUCY Notary Public in and for the State of Texas Motu/ ►db k. tau M tms �' tom MUM 1 '�' My Commission Expires: / HW:p/SULPSC.DOC D5.1-Deeds,Fsmts/October 24, 1997 STREET USE LICENSE PARKEML, SMITH & COOPER, INC. — PAGE 3