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HomeMy WebLinkAboutResolution - 051073I - Street Use License- E.L. & R. Morton- Parcel Of Blks 18 & 19, Suburban Homes Add - 05_10_1973�r q JWF:pr— — -- -- — 0549 73-z A RESOLUTION e 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 E. L. Morton and wife, Ruth Morton, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minut es of this Council shall constitute andbe a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of May , 1973. MORRIS W. TURNER, MAYOR ATTEST: 12 Lavenia Lowe,, 0ity Secretary -Treasurer APPROVED ^AS TO FORM: d O. Senter, Jr., STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 10 day of MAY ! , 1073, be the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and E. L. MORTON and wife, RUTS MORTON. of Lubbock County, Texas, hereinafter called "LICENSEE.' WITNESSETHt Subject to the terms, conditions and provisions herein the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street do construct and maintain a paved parking lot for the parking of Licensee 'is business vehicles and vehicles of customers of Licensee (subject to Zoning Regulations of the City of Lubbock) in and upon the following described poation of dedicated public street, to -writ: A parcel of land out of Blocks 18 and 19, Suburban Homes Addition to the City of Lubbock, Lubbock County, Texas, described as follows: The West 25.00 feet of the East 50. 00 feet of Block 18 and the West 85.00 feet of the East 60.00 feet of the South 75.00 feet of Block 19, both blocks being in said Suburban Homes Addition. 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, at itseleetton 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 8$14 - 60th Street, Lubbock, Tema. 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 LUBBCCK. In the event LICENSEE falls or refused 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. 3. LICENSEE shall pay to the CITY OF LUBBOCK as a cop%pensatton for such grant the sum of ' r :.lt . TEN AND NO f 100 (f ` 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 1 of each succeeding year for the duration of this license. 3. Payment of the annual fee pr6wided above, except the initial pay- ment shall be made by LICENSEE to CITY OF LUBBOCK on January let 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 LUBBOCI shah 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 atilities of any nature occasioned by the construction as authorised by this license.. b. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the re-routing or re -alignment of any public utility, franchised !fluty, 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 snag be, for Its expense of such re-locattog 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 1W the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. i. 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 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, 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, demand, 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 snaking of this license or the construction or maintenance and use permitted herein. The CITY OF LUBDOCK. at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or main- tenance permitted herein, which agreement will indemnify the CITY OF LUB- 80CK from and against all claims, liability, cost and expense geowing out of the performance of the work to be done by such coWactor. The CITY OF LUBBOCK may further require such contractor. when engaged to the construc- tion, repair or maintenance permtthd herein. to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the fattbful perform- ance of all the terms, covenants and conditions contained to 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 pay- ment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. B. LICENSEE agrees and is required to furnish a policy of public "bilitq 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 CrrY OF LUB13OCK as the insured, said policy covering the uses herein granted. s. Ali of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal re*esentattve, assigns -wad the duly authorized agents and contractors of the parties hereto to the same extent and effect $$ the same are binding upon and Inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, *hall be binding upon the CrrY OF LUBBOCK without -the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph (0). 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 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' aeon Nomination or cancellation of this license: CITY OF LUBBOCK YP , W. A"., ATTEST: MORRIS W. TURNER, MAYOR i Laventa Lowe, City Secretary -Treasurer AGREED TO AND ACCEPTED this day of 11973. LICENSEE: E. L. MORTON and RUTS MORT� APPROVED: U. L. MORTON RUTH MORTON red O. Seater, Jr., City Attorney APPROVED: Ford D. 'Matson, City Engineer THE STATE OF TEXAS 1 COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this &W personally appeared MORRIS W. TURNER, known to nae to be the person whose name is subscribed to the foregoing instrument and ackmwledged 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 , 1073. Notary Me, Lu back County, Texas THE STATE OF TEXAS I S . COUNTY OF LUBBOCK f BEFORE ME. the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared E. L. MORTON and wife, RUTS MORTON, known to me to be the persons whose names are subscribed to the foregoing instrument and ackuolwedged to use that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1979. Notary Public, Lubbock County, Texas