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HomeMy WebLinkAboutResolution - 082472B - Alley Use License - LBK Commercial Buildings Inc - Elwood Place Addition - 08_24_1972MR:kr RESOLUTION D 8Z02 a 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 Lubbock Commercial Buildings, 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. Passed by the City Council this 24th day of August 1972. )%4ft-11 1 -� Aot-�� - MORRIS W. TURNER, MAYOR ATTEST: is Lowe, CitySecretary-Treasurer OVED AS TO FORM: O. Senter, Jr., City WG 241972 ALLEY USE LICENSE .: THE .STATE OF -TEXAS COUNTY OF LUBBOCK This indenture made..this 24th day of August, 1972, between the CITY OF LUBBOCK, TEXAS, a Home.Rule Municipal Corporation, and-LUBBOCK COMMERCLAL. BUILDINGS, INC:r,.of Lubbock County, Texas, hereinafter 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 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 the Soutbwest corner of .the West75.0 feet of the North 234.7 feet of Lot 1, Block 7, Elwood Place Addition to the City of Lubbock, Lubbock County, Texas; THENCE a,st a: distance of 10.83..feet; THENCE South a distance of ;3.40 feet; c ., _:,t; THENCE West. a,dig tance.of 42.00 feet; i puint; THENCE'North a distance"df 4,10 feet;' THENCE:East.-a distance,of 31.17 feet; THENCE.South a.distance,of 0.70 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 LICENSEE. Said notice shall.be deemed properly served if deposited in the Post Office, postage paid, addressed to LICENSEE at 21 Briercroft Center, 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 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_-,,; vv.•...a ..w.- -- -v v - w& 4w uac Vail V1 JJUJJDVl-I\. "S L11C CVCIII. LlLoraa Z'L' L4.LA. 1 VL LC.LUOU to remove such improvements 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 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. 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, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or fran- chised 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 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 to being or commence any part of the con- struction 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 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 or 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 agree - went 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 con- tractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construc- tion, 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. 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 cover-' = ing the uses herein granted. rII 366-A 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 same 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 specified in Paragraph 5. 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agreed 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. ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. City Attorney APPROVED: /s/ Sam Wahl. Director of Public Works AGREED TO AND ACCEPTED THIS CITY OF LUBBOCK /s/ Morris W. Turner Mayor LUBBOCK COMMERCIAL BUILDINGS, INC. LICENSEE �4 II /s/ W. B. Rushing I{ President NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING AUGUST 24th. 1972.