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HomeMy WebLinkAboutResolution - 092371G - Street Use License - J.D. Hassell - Lot 13 & 14 Of COL - 09_23_1971KJ:U. .f `` 64�nqle? 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 J. D. Hassell, attached herewith which shall be spread upon the min- utes of the Council and as spread upon the minutes of this Council shall constitu- APPROVED AS TO FORM: Fred O. Senter, Jr., City Attoiu STREET USE LICENSE THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK 11 This indenture made this day of , 1971, between the CITY OF LUBBOCK, TEXAS, a Home Rule Muniaipai Corporation, and J. D. HASSELL. hereinafter called "LICENSEE". WITNESSETH: Subject to the terms and provisions herein, the CITY OF LUBBOCK. TEXAS, does hereby grant unto LICENSEE, his heirs and assigns, as pro- vided below, the right, privilege and license to construct and maintain two (2) bay windows an the building located at 1811 University Avenue with such windows protruding over the property line a distance of 1.00 foot with a maximum height of 6.00 feet and the lower portion extending to within 18 inches of the sidewalk as shown on the drawing attached hereto. Seld prop- erty being further described as follows, to -exit: The North 25.00 feet of Lot 13, and the North 25.00 feet of the west 85..00 feet of Lot 14, Block 100, to the City of Lubbock,.. Lubbock County, Texas. 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 LUB- BOCK retains the right, as its election to cancel and revoke this license, with or without cause, upon thirty (80) days notice to LICENSEE. Said notice shall be deemed properly served if deposited to the Poet 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 LUB- BOCK shall enter possession, -and remove or cause to be removed such improve- ments and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 8. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of per year for the dura- tion 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. h S. Payment of the annual fee provided above, except the instal payment shall be made by LICENSEE to CITY OF LUBBOCK on January lot of each year this license to 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- sider 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 LICENSEE. 4. Mor to any construction as authorized by this license, the LICENSEE shall submit to the City Engineer plans and specifications for the constaQuction'to be done, and the LICENSEE shall not cosnmende construction until such plans and specifications are approved by the City Engineer._ b. 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. 6. In the event the CITY OF LUBBOCK determines that the existence of such use interfers with or causes the re-routing or re -alignment of any public utility. franchised utility, or sabitary 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 LICENSEE'S use herein. 7. This license is nottransferable by the LICENSEE without first re- ceiving the written consent of the City Manager of the CITY OF LUBBOCK. S. This license is 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 construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, 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 lair or in equRy of whatso- ever 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 h. rein, 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, 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 amoOnt 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 ycertified 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 costs or expenses or the payment of any such Maims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 8. LICENSEE agrees and is re, quirre&ta`: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 kfY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy cover the uses herein granted. 16. All of the covenants and provisions of this license shall be binding upon and taure 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 any the same are binding upon and Inure to the benefit of the parties hereto, but no assignment hereof ty the LICENSEE, his heirs 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 7. 11. LICENSEE, by the acceptance of the uses permitted herein, under- stands and agrees that no interest, title or rights or possession are intended or implied except those expressly act forth herein and LICENSEE naives and and all claims in and to the public way it is permitted to use hereby and agrc ~a to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK J. H. GRANBERRY, MAYOR ATTEST; Lavenis Lowe, City Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr.. City Attorney APPROVED: Siam Wahl. Director of Public Works AGREED AND ACCEPTED TO THIS DAY OF , 1971. LICENSEE d. D. HASSELL 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 J. K. GRANBERRY, known to me to be the person whose name to subscribed to the foregoing instrument 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 thereinstated. GIVEN UNDER MY HAND AND SEAL 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 J. D. HASSELL, known to me to be the pervon whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1971. Notary Public, Lubbock County, Texas