Loading...
HomeMy WebLinkAboutResolution - 081271T - Alley Use License - Owen Mcwhorter - Overton Addition - 08_12_1971F/917/7' RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY CF 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 Owen McWhorter, Jr., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of thi Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 1-1 APPROVED AS TO FORM: Fred O, Senter, -Jr:, City Att ney I - - ALLEY USE LICENSE THE STATE OF TEXAS i COUNTY OF LUBBOCK ! This indenture made this day of , 1071, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and OWEN McWHORTER, JR. , of Lubbock County, Texas, hereinafter called "LICENSEE.' WITNESSETH: Subject to the terms, conditions and provisions herein the CITY OF LUB- BOCK does hereby grant onto the LICENSEE, his heirs and assigns, the right, privilege and license to occupy a portion of the alley adjacent to Lot 11, Block 58, Overton Addition to the City of Lubbock, owned by the LICENSEE, to place and Install a sump drain, a discription of the portion of the alley to be used is des- cribed as follows: BEGINNINGS at a point 21 feet West of the South- east corner of Lot 11, Block 58, Overton Addi- tion to the City of Lubbock, Lubbock County, Texas; THENCE South 2 feet; THENCE West 4 feet; THENCE North 2 feet; THENCE East 4 feet to the POINT OF BEGINNING. 1. The LICENSEE covenants with the CITY OF LUBBOCK that the steel cover to the sump drain will be constructed and maintained at the grade level of the alley as it now exists or will exist after paving. 2. The terms of this grant shah 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) days notice 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 LUBBOCK or the abandonment of this license by the LICENSEE, the improve- ments 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 of TEN AND NO/100 010. 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 lot of each succeeding year for the duration of this license. 4. Payment of the annual fee provided above, except the inital payment Shall be made by LICENSEE 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 LICENSEE and upon failure of LICENSEE to pay such fee within thirty (80) days from receipt of such notice, the CITY OF LUBBOCK shall con- sid,%r ouch 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 LICENSEE. S. Prior to any construction as authorized by this license, the LICENSEE shall submit to the City Engineer plans and specifications for the construction to be done, and the LICENSEE shall not commence construction until such plans and specifications are approved by the City Engineer. B. The LICENSEE agrees to pay- all costs arising out of the excercise 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 construc- tion as authorized by this license. T. In the event the CITY OF LUBBOCK determines that the existence of such use interfere with or causes the re-routing or re -alignment 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 of such re -locating or re-routing over and above the expense which would have been incurred except for LICNESEEIS use herein. B. This license is not transferable by the LICNFBEE without first re- ceiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license Is made subject to the condition that should the LICNESEE exercise any right under the license herein granted and prepare or begin or com- mence any part of the construction 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 time s defend, indemnify and othersarise 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 egiaity of whatsoever kind or nature which may grow out of or be related to the snaking of this license or the con- struction or maintenar_tz 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 permitted herein, which agree- ment will indemnify the CITY OF LUBBOCK from and ageinst 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 faithful performance of all the terms, covenants and conditions contained in said agreement 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 LICENSEE prior to incurring any coats or expenses or the payment of any such claims or demands in order to giver LICENSEE_ a reasonable opportunity to settle or adjust the same. 10. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfac- tory t:. 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. 11. All of thz 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 gnd inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, .his heirs and assigns, shall be binding upon the CITY OFLUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph 8. 12. LICENSEE, by the aciiieptance of the uses permitted keerein, under- stands 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 given peaceful possession of sold property covered herein upon termination or cancellation of this license,... CITY OF LUBBOCK r J. IL GRANBERR , MAYOR ATTEST: en Lowe, City 8 crebry-Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., City Attorney APPROVED: Sara Wahl, Director of Public Works AGREED TO AND ACCEPTED this day of LICENSEE: OWEN McWHORTER, JR. � 1 THE STATE OF TEXAS COUNTY OF LUBBOCK 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 instrument and acknowledged to me that he executed the some as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein ex- pressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1971.1 Notary Public. Lubbock County, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME. the undersigned authority, a Notary Public in and for Raid County, Texas, on this day personally appeared OWEN McWHORTER. JR., known to me to be then person whose name to subscribed to the foregoing instru- ment, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND ASM SEAL OF OFFICE this day of 1971. ;M y Public, Lubbock County, Texas