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HomeMy WebLinkAboutResolution - 102573F - Street Use License - Furr's Cafeterias Inc - Juniper Ave. & 33Rd St. - 10_25_19734 /005 73 F 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 sh< constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of October 1973. I MORRIS W. TURNER, MAYOR ATTEST: La eniS Lowe, Cit Secretary-Treasurer,- h APPROVED AS TO FORM: r'recl t). 5enter, Jr., City i STREET USE LICENSE THE STATE OF TEXAS § 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., A Corporation, of Lubbock County, Texas, here- inafter called "LICENSEE". WITNESSETH: 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 to construct and maintain a Water line and grease trap and clean outs (said trap and clean outs being in approximate dimensions of six feet by twelve feet), said water line and grease trap and clean outs being located beginning approximately 265.9 feet East of the East right of way line of Juniper Avenue in the City of Lubbock, Lubbock County, Texas, and lying between the curb line of 33rd Street and the North right of way line of "89rd Street, said portion of 33rd Street lying immediately South of private property abutting thereon which is owned by LICENSEE. This License covers the existing water line and grease trap and clean outs, and does not cover any further enlargement or ex- tension thereof which might or could be made by LICENSEE, 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 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 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 coot 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. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum 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 1 of each succeeding year for the duration of this license. 3. Payment of the annual fee provided above, except the initial payment shall be made by LICENSEE to CITY OF LUBBOCK on January 1st 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 LUBBOCK shall con- sider 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 notlimited to the replacement and repair- ing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 5. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the re-routing or re-alighment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be con- structed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or suchutility, 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 LICENSEES use herein. 6. This license is not transferable by the. LICENSEE without f irst re- ceiving the written consent of the City Manager of the CITY OF LUBBOCK. 7. 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 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 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 agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agree- ment will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the owrk to be done by such con tractor. The CITY OF LU13BOCK 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, convenants 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 pay- ment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 8. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satis- factory_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. 9. All 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 unure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns shall be bindirg upon the CITY OF LU13BOCK without the consent of the CITY OF LU13BOCK in each instance except as specified in Paragraph (6). -2- 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 puboic way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellatic of this license. CITY OF LUBBOCK MORRIS W. TURNER, MAYOR ATTEST: 4'� Lavenia owe, City retary-Treasurer APPROVED AS TO FORM: A?. c.T-riL� Fred O. Sentez�-, Jr. , City Att rney APPROVED Wilford D, atson, City Engineer AGREED TO AND ACCEPTED this 25th day of October 1973. PURRS CAFETERIAS, INC. BY President ATTEST: Secretary -3- THE. STATE OF TEXAS COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this daypersonally 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 the 25th day of October 1973. Notary Public, LubbockCounty, Texas 4 This indenture made this 25th day of October 1973, between the CITY OF LUBBOCK, TEAS, 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 NO/ 100 ($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 bein; 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 shal be deemed properly served if deposited in the Post Office, postage paid, addresse 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. 1 `.1 i a ' S " key z t✓ 4 . . ij 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 receivinj 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 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 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 agreeme 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 contrac 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 certif 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 satisfact to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LU'. 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 LUBBOCI in 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 MORRIS W. TURNER, MAYOR ATTEST: Lavenia Lowe, City Secretary -Treasurer APPROVED: Fred.O. Senter, Jr., City Attorney AGREED TO AND ACCEPTED this day of 1979. LICENSEE: FURR'S CAFETARIAS, R BY President ATTEST: Secretary APPROVED: Wilford D. Watson, City Engineer 1