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HomeMy WebLinkAboutResolution - 061473D - Street Use License - Plains Cooperative Oil Mill Inc - Needles Addition - 06_14_1973JWF:sw OCe/4173 Z�j R F.q OT .TTTT('1N 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 PLAINS COOPERATIVE OIL MILL, 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 14 day of June 1973. MORRIS W. TU NER, MAYOR ATTEST: Laven a Lowe, City Secretary -Treasurer APPROVED AS TO FORM: red O. Senter, Jr. , City rney STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 14 day of JUN , 1973, between the CITY Or, LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and PLAINS COOPERATIVL OIL MILL, INC., a Corporation, of Lubbock County, Texas, hereinafter called "LICENSEE. " WITNESSETAs For and in consideration of the sum of ONE AND NOl100 ($1. 001 and other good and valuable consideration to it In hand paid by GRANTEES herein and subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privileges and license to use a portion of dedicated street to construct and maintain a fence in and upon the following described portion of dedicated public street, to -felt; BEGINNING at a point 12.5 feet West of the Northwest corner of Lot g, Needles Addition to the City of Lubbock, Lubbock County, Texas; THENCE West a distance: of 50. n feet to a point 1n the East boundary line of Lot 1, Plains Cooperative Oil Mill Addition; THENCE North, a distance of 583.30 feet, along the East boundary ling of Lot 1, Plains Cooperative Oil MILI Addition to a point in the South Right -of -Way line of the Forth Worth & Denver Railway Company Right -of -'dray; THENCE Southeasterly. along the Forth Worth & Denver Railway Company Right -of -Way line, a distance of 52.78 feet; THENCE South, parallel to and 50.0 feet distance from the East line of Lot 1, Plains Cooperative Oil Mill Addition, a distance of 566.42 feet to th,2 point of BEGINNING. 1. The terns 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 its selection to cancel and revoke this license, with or without cause, upon thirty (30) days notice fo LICENSEE. Said notice shall be deemed properly served if deposited in the font Office, postage paid, ad- dressed to LICENSEE at 29UI Avenue lA, 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 undcr 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 removed such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. 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 utilit e n of any nature occasioned by the construction as authorized ba/ this license. S. In the event the CITY OF LUBBOCK determiners that the: existence of such use interferes 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 ex- pense which would have been incurred except for LICENSEE'S use herein. 4. , This license is not transferable by the LICENSEE. without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. 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, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grope out of or be related to the making of this license or the construction or maintenance and use per- mitted herein. The CITY OF LUBBOCK. at its option, may require- an agree- ment with any contractors hired by LICENSEE to perform the construction, re- pair or maintenance permitted -herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing our of the perforrnan+_e 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 four., satisfactory to the said CITY OF LUBBOCK, gu ranteein,g the faithful performance of all the terms, covenants and conditions =onta±ned m 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. B. 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. T. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representative, 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, its suc- cessors 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 4. 8. .LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interent, title or rights of possession are intended or Impose except those expressly act forth herein and LICENSEE waives any and all claims in and to the public way it is p-rmittamd to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this lici_rse. CITY OF LUBBOCK BY ltt4RRIS W. TURNER, MAYOR ATTEST: Laveni Lowe. City ,retary-Treasurer AGREEIs TO AND ACCEPTED this_4 daT of JUh 1973. I.iCENSEE: PLAINS COOPERATIVE OIL MILL, INC. BY C7L: RANKIN, YRFSIDFNT ATTEST: APPROVED: Fred O. «;inter, Jr., Cit o ey APPROVED: C Wi d ).'Watson, City L)mgineer f THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ATE, 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 nacre is subscribed to the foregoing Instrument and acknowledged to me that he executed the some 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 SFAL OF OFFICE this � dray of 1973. Notary Publia; ubbock C/ofinty, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE tiAE, the undersigned authority, a Notary Public, in and for ,said County, Texan, on this day personally appeared JOE RANKIN, known to me to be the person whose name is subscribed to the foregoing Instrument and acknowledged to me that be executed the same as the act and deed of PLAIN'S COOPERATIVE OIL MILL, INC., a Corporation, and as PRESIDENT thereof, for the purposes and consideration therein expressed. and in the capacity therein stated.. _ GIVEN UNDER A'iY HAND AND SEAL OF OFFICE this/�//-4,day of Sr 1 n) 2-- . 1973. Notary Falic, o ounty, Texas.