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HomeMy WebLinkAboutResolution - 032372L - Alley Use License - Leonard Wilson, Jr. - Block 7, Roberts & Mcwhorter Addition - 03_23_1972r 6 3Z372 G MR:pr 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 Leonard Wilson, Jr., attached herewith which shall be spread upon the minutes of the Council and as spread upon the m 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 ATTEST: Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr.; Cit to ey ALLEY USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK This indenture made this � 2 3 day of MARCH 1972, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and LEONARD VILSON, JR., of Lubbock County, Texas, hereinafter called iLICENSEE". WITH METH Subject to the terms, conditions and provisions herein the CITY OF LUBBOCK does hereby grant to the LICENSEE, its successors and assigns, the= right. privilege and license for the continued use of a presently existing building occupying a portion of the alley adjacent to his property, a description of the portion of the alley to be used is described as follows: BEGINNING at a point which is 98.5 feet East of the Northwest corner of the South 170 feet of the Purr's Supermarket Sub- division of Block 7, Roberts and McWhorter Addition to the City of Lubbock. Texas; THENCE North a distance of . 8 feet; THENCE East a distance of 100 feet; THENCE South a distance of .3 feet; THENCE west a distance of 100 feet to the point of beginning. 1. The terms of this grant shall be from year to year not to exceed twenty (80) 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 2004 - 4th street - Lubbock. Texas 79415 Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of this license by the LICENSEE, the improvements 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. Z. -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. 9. 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 repairing of paving. sidewalks and utilities of any nature occasioned by the construction as authorised by this license. 4. 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 4bkcept for LICENSEEIS use herein. 6. This license is not transferable by the LICENSEE 'without first receiving 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 being 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 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 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 containtA 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. 7. 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. 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 contractors of the parties hereto to the same extent and effect as the some are binding upon and 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 OF LUBBOCK without the consent of the CITY OF LUBBOCK, in each instance except as'ispeeified in Paragraph 5. 8. LICENSEE;, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly met 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 LUBBOC ATTEST f 14R�1��// Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., City Attorney APPROVED: aan Wahl, Director of Public Works AGREED TO AND ACCEPTED THtS __.day of , 1972. LICENSEE: LEONARD WILSON, JR. 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. G'rRANBERRY. 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 i COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County. Texas, on this day personally appeared LEONARD WIiSON, JR., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that be executed the same for the purposes and consider- ation therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of 1972. Notary Public, Lubbock County, Texas