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HomeMy WebLinkAboutResolution - 030873B - Street Use License - Colette Edwards - 156 Sq. Ft. Tract A, Carter SD - 03_08_1973�.... MR:kr D3C/d 73 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 Colette Edwards, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall con- stitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this gth day of March , 1973. MORRIS W. TURNER, MAYOR ATTEST: Lavenia Lowe, Ci " Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., City Attorney STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this sth day of March, 1979, between the City of Lubbock, 'Texas, a Home Rule Municipality. hereinafter called "City" and Colette Edwards, hereinafter called "Grantee". WITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas, does hereby grant unto Grantee, her` successors and assigns, the right, privileges and license to use a portion of the public wavy as herein- after described: Approximately 156 sq. ft. contained in the squaring off areas of the b corners in Tract A, Carter Subdivision to the City of Lubbock. Lubbock County, Texas, as shown on the attached plat which is incorporated herein and made a part of this Street Use License. The areas contained in the corner of Srd Street and Avenue R and Srd Street and Avenue 8 and 2nd Street and Avenue S are to be used for parking lot purposes. The areas in the corner of 2nd Street and Clovis Road and Avenue R and Clovis Road are to be used for fencing purposes. L The use granted hereby covers the construction presently in place on such property and normal repairs to such structure are permitted. but new or replacement structures are prohibited. 2. The term of this grant shall be for a period of twenty years, unless the building 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 surn 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 the 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 con- sider such non-payment an 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 Grantee. S. It is understood that the construction authorized herein has been com- pleted, but as to any changes, the following shall apply: Prior to any construction as authorized by this license, the Grantee shall submit to the City Engineer plans and specifications for the construction to be done, and the Grantee shall not commence construction until such plans and specifications are approved by the City Engineer. e. The Grantee 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 authorized by this license. Grantee shall erect such barricades, warning signs and other safety devices as may be required by the City Engineer. ?. in the event the City determines that the existence of such use Interferes with or causes the re-routing or re-aligaipg of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be con- structed by the City or franchised utility, Grantee agrees to reimburse the City of Lubbock, or such utility, as the case be, for its expense of such relocating or re-routing over and above the a e'%wblch mould have been Incurred except for GrantWe use herein. " S. This license is.made subject to the condition that should the Grantee, her successors or assigns, exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contem- plated, over and across any or all of the above set out property, then and in that event said Grantee, her successors and assigns, will at all times defend, indem- nify and otherwise 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 the construction or maintenance leiein:.conteri- .7 platod, 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 mannee from the construction, maintenance and use permitted herein. City, at its option, may require an agreement with any contractors hired by Grantee to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the City 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 may further require such contractor to furnish without expense to the City, a reliable surety bond, in an amount and In the form satisfactory to said City, guaranteeing the faithful performance of all the terms, covenants, and conditions contained in such 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. S. At such time as this license should be cancelled or revoked for any reason, the improvements that are permitted under this license ahall 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. 10. t11 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 par- ties hereto, but no agreement hereof by the Grantee, heresuccessors and assigns. shall be binding upon the City of Lubbock without the consent of the City of Lubbock In each instance. li. Grantee, 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 Grantee waives any and all claims in and to the public way he is permitted to use hereby and agrees to give peaceful possession of said property oovered upon termination or cancellation of this license. CITY OF LUBBOCK � " BY: z MORRIS W. TURNER, MAYOR ATTEST: A6�1v;A2Y Laventa Lowe, City Secretary -Treasurer AGREED TO AND ACCEPTED this day of . 1973. LICENSEE: COLETTE EDWARDS BY: APPROVED: Fred O. Senter, Jr., _City Attorney APPROVED: Wilford D. Watson, City Engineer THE STATE OF TEXAS I COUNTY OF LUBBOCK I BEFORE LIE, the undersigned authority. a Notary Public in and for said County. Texas. on this day personally appeared MORRIS W. TURNER, 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 expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of . 1973. Notary Public, Lubbock County, Texas THE STATE OF TEX..A5 I COUNTY OF I BEFORE WIE, the undersigned authority, a NoMry Public in and for said County. Texas, an this day personally appeared COLETTE EDWARDS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same 1' the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of . 1973. Notary Public, County, Texas MAP IN FILE SEE RESOLUTION #_ 0 30 973 /.3