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HomeMy WebLinkAboutResolution - 042772G - Street Use License - Wilson & Wilson Inc - Hodges Addition - 04_27_1972I` MR:11 RESOLUTION 64/Z.7i2 6 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 Wilson and Wilson, Inc. , attached herewith which shall be spread upon the minutes of the Council and as sspread upon the minutes 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 27th day of //Ori I , 1972. . GRANBERRY ATTEST: _ La v is Lowe, Mty Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., Ci tterney MR:ll 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 Wilson and Wilson, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. t Passed by the City Council this day of A, RR 4 1972. MAYOR ATTEST: i,avenia- Lowe, airy aecrezary- i reasurer APPROVED AS TO FORM. - Fred O. Seater. Jr., City Attorney STREET USE LICENSE THE STATE OF TEXAS § . COUNTY OF LUBBOCK § This indenture made this day of 1972, be- tween the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corpora- tion, and WILSON AND WILSON, INC., of Lubbock County, Texas, here- inafter called "LICENSEE". WITNESSETH: Subject to the terms, conditions and providiorii;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 . parking lot occupying a portion of the street adjacent to its property, a des- cription of the portion of the street to be used is described as follows: A strip of land,situated on the South 3. 0 feet of 56th Street and being' adjacent to the North line of Tract "H", C. N. Hodges Addition to thecity'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, at 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, ad- dressed to LICENSEE at 5208 - 34th Street, Lubbock, Texas. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the 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 improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be re- moved such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of THIRTY-SEVEN AND 92 f 100 ($37. 92) DOLLARS per year for the duration of this license, with the first year payable on execu- tion of this instrument and a like sum payable on January 1st of each succeed- ing year for the duration of this license. 3. Payment of the annual fee provided above, except the initial pay- ment shall be made by LICENSEE to CITY OF LUBBOCK on .January 1st 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 (30) days from receipt of such notice, the CITY OF LUB- BOCK shall consider 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. The LICENSEE agrees to pay all costs arising out of the exercise of this 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 authorized by this license. 5. 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 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 LICENSEE'S 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. 7. This license is made subject to the condition that should the LICENSE exercise any right under the license herein granted and prepare or begin or complete 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 successors and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and em- ployees harmless from any and all claims, demand, actions, causes or ac- tion, 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 main- tenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to per- form the construction, repair or maintenance permitted herein, which agree- ment 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 demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 8. 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 name s the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 9. 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 same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, it successors and 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 (6). 10. 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 foth 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 MAYOR 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. WILSON AND WILSON, INC. ATTEST: By Secretary 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 , known to me to be the person whose name is subscribed to the foregoing in- strument 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 con- sideration therein expressed 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 § l BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared of WILSON AND WILSON, INC., 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 WILSON AND WILSON, INC., for the purposes and consideration therein expressed and in the capacity there- in stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day Of 1972. tis Notary Public, Lubbock County, Texas .F4 STREET USE LICENSE THE STATE OF TEXAS 5 COUNTY OF LUBBOCK § This indenture made this day of 1972, be- tween the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corpora- tion, and WILSON AND WILSON, INC., of Lubbock County, Texas, here- inafter called "LICENSEE". WITNESSETH: 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 sidewalk occupying a portion of the street adjacent to its property, a des- cription of the portion of the street to be used is described as follows: The North 3 feet by 635 feet of Tract H, a replat of C. N. Hodges Addition, Blocks 11 and 12, 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, at 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, ad- dressed to LICENSEE at 5208 - 34th Street, Lubbock, Texas. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the i 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 3 refuses to remove such improvements after demand by the CITY OF LUBBOCK, -r the CITY OF LUB13OCK shall enter possession, and remove or cause to be re- moved such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of NINETY-EIGHT AND N0/100 ($98. 00) DOLLARS per year for the duration of this license, with the first year payable on execu- tion of this instrument and a like sum payable on January 1st of each succeed- ing year for the duration of this license. 3. Payment of the annual fee provided above, except the initial pay- ment shall be made by LICENSEE to CITY OF LUBBOCK on January 1st 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 (30) days from receipt of such notice, the CITY OF LUB- BOCK shall consider 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. • j 4. The LICENSEE agrees to pay all costs arising out of the exercise of this 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 authorized by this license. 5. 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 sanitary or storm sewer line constructed or to be constructed by the CITY OF LUB13OCK 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. 6. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 7. This license is made subject to the condition that should the LICENSE exercise any right under the license herein granted and prepare or begin or complete 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 successors and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and em- ployees harmless from any and all claims, demand, actions, causes or ac- tion, 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 main- tenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to per- form the construction, repair or maintenance permitted herein, which agree- ment 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 LU13BOCK 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 demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 8. 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 name s the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 9. 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 same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, it successors and assigns, shall be binding upon the CITY OF LU13BOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph (6). 10. 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 foth 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 MAYOR Fred O, Senter, Jr., City Attorney APPROVED: Sam Wahl, Director of Public Works AGREED TO AND ACCEPTED this day of 1972. WILSON AND WILSON, INC, By ATTEST: Secretary 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 , known to me to be the person whose name is subscribed to the foregoing in- strument 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 con- sideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1972. 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 , of WILSON AND WILSON, INC., 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 WILSON AND WILSON, INC., for the purposes and consideration therein expressed and in the capacity there- in.stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1972. Notary Public, Lubbock County, Texas