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HomeMy WebLinkAboutResolution - 022472F - Street Use License - Phillips Petroleum Company - Canopy, 2501 34Th St - 02_24_1972�Z`f �� 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 Phillips Petroleum Company, attached herewith which shall be spread upon the minutes of the Council and as spread upon the min- utes 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 24 ATTEST: Lavem.a Lowe, City Secretary- Treasurer APPROVED AS TO FORM: . Senter, Jr. STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this day of 1972, between the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called "City" and Phillips Petroleum Company, a corporation authorized to do business in the State of Texas, hereinafter called "Grantee". WITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lub- bock, Texas, does hereby grant unto the Grantee, its successors and assigns, the right, privileges and license for the continued use of a presently existing canopy at Odom's Service Station, 2501 34th Street, Lubbock, Texas, consis- ting of an area eight (8) feet by fourteen (14) feet and more particularly des- cribed as follows, to -wit: BEING a portion of Lot 1, Block 1, Kinser Addition to the City of Lubbock, Lubbock County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point in the South Line of said Lot 1 and being East 9. 96 feet from the Southwest corner of said Lot 1; THENCE North 0° 51' 34" East 64.0 feet to a point and the PLACE OF BEGINNING; THENCE continuing North 0° 51' 34" East 14. 0 feet to a point; THENCE South 890 08' 26" East 8. 0 feet to a point; THENCE South 00 51' 34" West 14. 0 feet to a point; THENCE North 89° 08' 26" West 8. 0 feet to a PLACE OF BEGINNING. 1. The use granted hereby covers the canopy presently in place on such property and normal repairs to such canopy but new or replacement canopies are prohibited. 2. The term of this grant shall be for a period of twenty (20) years unless the canopy on such property is demolished or removed before the end of such period of time; in such event, this license shall terminate upon such removal. 3. Grantee shall pay to the City as a compensation for such grant the sum of TEN AND NO/100 ($10. 00) DOLLARS 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 1st of each succeeding year for the duration of this license. 4. Payment of the annual fee provided above shall be made by Grantee to City on January 1st of each year this license is in effect. Notice of such fee being due shall be sent by the City to Grantee and upon failure of Grantee to pay such fee within thirty (30) days from receipt of such notice, .the City. shall consider_ such non-payment as a default in this license and the City Council shall determine whethe such license shall be considered forfeited and may elect to demand vacation by Grantee. 5. In the event the City determines that the existence of such use interfers with or causes the re-routing or re -aligning of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the City or j franchised utility, Grantee agrees to reimburse the City of Lubbock, or such utility as the case may be, for its expense of such relocating or re-routing over and above the expense_ which would have been incurred except for Grantee's use herein. 6. This license is made subject to the condition that should the Grantee, its successors or assigns, excercise any right under the license herein granted, Grantee, its successors or assigns, will at all times defend, indemnify and other- wise 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 whatsoever kind or nature which may grow out of or be related to the making of this license or maintenance herein contemplated, and will further replace or repair any damage and pay in full all losses or expenses that the City of Lubbock may sustain, incur, or become liable for resulting in any manner from the maintenance and use permitted herein. City, at its option, may require an agreement with any contractors hired by Grantees to perform the repair or maintenance permitted herein,; which agreement will indemnify the City from and against all claims, lia- bility, cost and expense growing out of the performance of the work to be done by such contractor. The City may further require such contractor to furnish without expense to City, a reliable surety bond, in an amount and in the form staisfactory to said City, 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 and property damage insurance within limits specified by, and in a form satisfactory to, said City, covering the contractual liability assumed by contractor in said agreement with City. .7. At such time as this license should be canceled or revoked for any reason, the improvements that are permitted under this license shall be removed by the Grantee and the property restored to its original condition at no cost or expense to _ the City of Lubbock; nor shall the City be liable to Grantee for loss in revenue or loss in value of equipment occasioned by such removal. In the event Grantee fails or refuses to remove such improvements after demand by City, the City 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, B.. 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 ef- fect as the same are binding upon andinure to the benefit of the parties hereto, but no assignment hereof by the Grantt, its successors or assigns, shall be binding upon the City of Lubbock without the consent of the City of Lubbock in each instance. 9. Grantee, by the acceptance of the uses permiteed herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and Grantee waives any and all claims in and to the public way he is permitted to use herby and agrees to give peaceful possession of said property covered upon termination or cancellation of this license. CITY OF LUBBOCK J. H. GRANBERRY, MAYOR No Text