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HomeMy WebLinkAboutResolution - 022472M - Alley Use License - H.A. Krizan - Lots 7, Block 11, Tech Gardens Addition - 02_24_1972422�1122 �7) MR:11 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 H. A. Krizan, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Coun- cil ,stall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24 day of 4ejkuary , 1972. , ATTEST: Lavenia Lowe, C y_Secyetary-Treasurer APPROVED -AS TO FORM: , Jr i ALLEY 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 Municipal Corporation, and H. A. KRIZAN, of Lubbock County, Texas, hereinafter called "LICENSEE". WITNESSETH:• 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 continue to occupy a portion of the alley adjacent to his property, a description of the portion of alley to be. used is described as follows: BEGINNING at a point 22. 1 feet West of the Northeast corner of Lot 7, Block 11, Tech Gardens Addition to the City of Lubbock, Lubbock County, Texas; THENCE North 1. 7 feet to a point; THENCE West 16. 5 feet to a point; THENCE South 1. 7 feet to a point; THENCE East 16.5 feet to the PLACE OF BEGINNING. 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) days notice to LI.CENSEE. Said notice shall be deemed properly served .if deposited in the Post Office, postage paid, addressed to LICENSEE at 3116 Dartmouth, Lubbock, Texas 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 im- provements 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. 2. 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. 3. 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 construc- tion as authorized by this license. 4. 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, i franchised utility, or sanitary or storm sewer line constructed or to be con- structed 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. 5. This license is not transferable by the LICENSEE 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 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, ac- tions, causes of action, suits at law or in equity of whatsoever lid or nature which may grow out 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 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 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 costs or expenses or the payment of any such claims or demand in order to give LICENSEE a reasonable opportunity to settle or adjust the same. ?. 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 to the City Attorney for the CITY OF LUBBOCK and which names the CITYOF LUBBOCK as the insured, said policy covering the uses herein granted. 8. 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 contractos 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 hexecf by 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 5. 9. LICENSEE, by the acceptance of the uses permitted herein, 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 give peaceful possession of said property covered herein upon termination or - cancellation of this license. CITY OF LUBBOCK - J. H. GRANBERRY, MAYOR I ATTEST: Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., City Attorney APPROVED: Sam Wahl, Director of Public Works AGREED TO AND ACCEPTED THIS day of 1972. a. LICENSEE: H. A. KRIZAN I 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 same 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 1972. Notary Public, Lubbock County, Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned att hority, a Notary Public in and for said County, Texas, on this day personally appeared H. A. KRIZAN, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowl- edged 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 1972. Notary Public, Lubbock County, Texas