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Home My WebLink AboutResolution - 102573E - Street Use License - Furr's Cafeterias Inc - Martin Oliver Addition - 10_25_1973/b Z 5 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 FURR'S CAFETERIAS, 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 coped herein in detail. Passed by the City Council this 25th day Of October , 1973. ATTEST: L venia Lowe, 6ity Secretary -Treasurer APPROVED AS TO FORM: r Fred 0. Senter, Jr., City Atto ey TEMPORARY STREET USE LICENSE THE STATE. OF TEXAS § KNOW ALL MEN BY THESE PRESENT COUNTY OF LUBBOCK § This indenture made this 25th day of October 1973, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and FURR'S CAFETERIAS, INC., of Lubbock County, Texas, hereinafter called. "LICENSEE, " WITHESSETH: Subject to the terms;; conditions and provisions herein and for and in con- sideration of the sum of ONE AND NOJ100 ($1.00) DOLLARS cash paid to the CITY OF LUBBOCK, by LICENSEE, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street to construct and maintain a security fence during construction in and upon the following described portion of dedicated public street, to -wit: BEGINNING at a point in the North line of 33rd Street, said point being 238. 10 feet East of the Southwest corner of Lot 6, Martin -Oliver Addition to the City of Lubbock, Lubbock County, Texas; THENCE Southerly, perpendicular to the North line of 33rd Street, a distance of 26. 00 feet to a point; THENCE Easterly, parallel.to the North line of 33rd Street, a distance of 110.00 feet to a point; THENCE Northeasterly a distance of 41. 32 feet to a point in the North line of 33rd Street said point being 380. 22 feet East of the Southwest corner of said Lot 6;. Martin -Oliver Addition; THENCE Westerly with the North line of 33rd Street a distance of 142.12 feet to the PLACE OF BEGINNING. 1. The terms of this grant shall be for such period of time as necessary for LICENSEE to maintain said security fence in connection with construction being done or to be done by or for LICENSEE, subject to the reservation that the CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license, w ith 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, addressee to LICENSEE at 3101 - 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 improve- ments 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 LUB-___ BOCK shall enter possession, ' and remove or cause to be removed such improve- ments 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 hereingranted, including but not limited to the replacement and re- pairing of paving, sidewalks and utilities of any nature occasioned by the construc- tion as authorized by this license. Upon completion of construction as contemplate( hereunder, LICENSEE agrees, at its expense, to restore the portions of street covered hereby to its original condition. 3. 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 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, 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 com- plete 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 assign will at all times defend, indemnify and otherwise Bold 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 construc- tion or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreemel w ill 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 contract 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 the said•CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certifi 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 de- mands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 6, LICENSEE agrees and is required to furnish a policy of public liability and property damage .insurance, within limits specified by, and in a form satisfactc to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUE BOCK as the insured, said policy covering the uses herein granted. 7. 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 successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK Fin each instance except as specified in Paragraph 4 hereof, 8. LICENSEE, by the acceptance of the uses permitted herein, understand; 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 upon termination or cancellation of this license. This temporary street use license shall automatically terminate (with out the necessity of further writing) upon the completion of construction as con- templated hereunder. CITY OF LUBBOCK "" •� , MORRIS W. TURNER, MAYOR ATTEST: , Luvenia Lowe, City Secretary -Treasurer APPROVED: Fred O. Senter, Jr ity Attorney AGREED TO AND ACCEPTED this 25th day of October 1973. LICENSEE: FURR'S CAFETARIAS, IN BY President ATTEST: Secretary - APPROVED: p Wil D. Watson, City Engineer r, THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on thi s 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 25th day of October 1973. Notary Public, Lubbock County, Texas 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 President of FURR'S CAFETERIAS, INC., a Corporation, 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 FURR'S CAFETERIAS, INC. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 25th day of October 1973. Notary Public, Lubbock County, Texas