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HomeMy WebLinkAboutResolution - 062371B - Alley Use License - Mcwhorter's Inc - Original Addition - 06_23_1971� C_U a 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 an Alley Use License in favor of McWhorter's, Inc., 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 23rd d ATTEST: Lave is Lowe, City Secretary -Treasurer APPROVED AS TO FORM: Senter, -Jr. , CjWAttorney ,ram 1971. ALLEY USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK i This indenture made this 23 day of JU 1971, between the CITY OF LUBBOCK, TEXAS, a ome Rule Municipal Corporation, and McWHORTER'S INC., of Lubbock County, Texas, hereinafter called "LI- CaiSEE ". WITNESSETEIt Subject to the terms, conditions and provisions herein the CITY OF LUB- BOCK does hereby grant to the LICENSEE, its successors and assigns, the right, privilege and license to occupy a portion of the alley adjacent to its property to place, install and keep machinery, a description of the portion of alley to be used is described as follows: BE©INNINC at a point 26.9 feet from the Southwest corner of Block 16, Original Addition to the City of Lubbock. Lubbock County, Texas; THENCE North 4 feet, THENCE West 4 feet, THENCE South 4 feet, THENCE East 4 feet to the POINT OF LEQINN NC. 1. 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 LUBBOCK retains the right, as its election to cancel and revoke this license, with or without cause, upon thirty (30) clays nonce to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office. postage paid, addressed to LICENSEE at Upon expiration or cancellation and revocation of this license by the CITY OF LU13BOCK or the abandonment of this license by the LICENSEE, the im- provements 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 enter 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. 3. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum cf TEN AND N01100 ($10, 00) DOLLARS per year for the dur- ation 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. 3. Payment of the annual fee provided above, except the laital payment shall be made by LICENSEE to CITY OF LUBBC:CK on January lot of each year Oita licensee is in effect. Notice of such fee bbtng due shall be sent by the CITY OF LUBBOCK to Ciiy'ENSEE 41&d `�spao bsi ei * of LICENSEE to pay such fee within thirty (30) days from receipt of such notice, the CITY OF LUBBOCK shall con- sider such non-pityment 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 LICENSEE. 4. Prior to any construction as authorized by this license, the LICENSEE shall submit to the City Engineer plans and specification s for the construction to be done, and the LICENSEE shall Dot commence constructions until such plans and specifications are approved by the City Engineer. 5. The LICENSEE 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. B. In the event the CITY OF LUBBOCK determines that the existence of such use inteffirs with or causes the re-routing or re-slignment 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 reimbule the CITY CW LUBBOCK, or such utility, as the case may be, for its expense or such re -locating or re-routing over and above the expense which would have been incurred except for LICENSEES use herein. T. This license is not transferable by the LICENSEE without first re- ceiving the written consent of the City Manager of the CITY OF LUBBOCK. 8. This license In made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or com- mence any part of the constructions as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, its assigns and successors, 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 of whatso- ever kind or nature which may grow cut of or be related to the making of this license or the construction or maintenance and 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 per- mitted herein, which agreement Will indemnify the CITY OF LUBBOCK from and against all claims, liability, xno• 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 C'1TY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to said CITY OF LUBBOCK. guaranteeing the faithful performa ce of all the terms, covenants and conditions contained in said Weement anda certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUB- BOCK. 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 sane. 9. LICENSEE agrees and is required to furnish a policy of public liability and property 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. 10. All of the covenants and provisioner; of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the dilly authorized agents and contractors of the parties hereto to the same extant 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 successors or assigns, *hall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph T. 11. LICENSEE, by the acceptance of the uses permitted herein, under- stands and agrees that no interest, title or rights or possession am intended or implied except those expressly set forth herein and LICENSEE Naives 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 cancellation of this license. CITY OF LUBBOCK d. H. GRANBERRYMAYOR ATT L.avenis Lowe,. City S retary-Treasurer APPROVED AS TO FORM: Fred O. Seater, Jr., City Attorney APPROVED: Sam Wahl, Director of Public Works AGREED TO AND ACCEPTED THIS day of 1971. LICENSEE: McWSORTER'S INC. ATTEST= THE STATE OF TEXAS I COUNTY OF LUBBOCK I BEFORE ME the undersigned authority, a Notary Public in and for said County. Texas, an this day personally appeared J. H. GRANBERRY, known to me to bh the person whose name is subscribed to the foregoing Instrument and acknowledged to me that he executed the same as the act aW deed of the CITY OF LUBBOCK and as MAYOR. for the purposes and consideration therein expresses and In the capacity therein stated. GIVEN UNDER MY HAND AND BEAL OF OFFICE this day of , 1971. Notary Public, Lubbock County, Texas 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 Preddent of McWAORTEWS, INC., a corporation, known to one to be the person whose name is subscribed to the foregoing instrument and acknowledged to fz that he executed the sarne as the act and deed of MCWHORTER'S. INC. a corporation, for the purposes and consideration therdin expressed and in the ca- pacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1671._ Notary Public,. Lubbock County, Texas 41