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Home My WebLink AboutResolution - 121373G - Alley Use License - Hemphill Wells Company - Original Town Addition - 12_13_1973JWF:p1n _. 1213756 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 an Alley Use License in favor of Hemphill -Wells Company, a Texas Corporation, 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 13th day of December , 1973. MORRIS W. TURNER, MAYOR ATTEST: Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., City 4oKorney ALLEY USE LICENSE THE STATE OF TEXAS ) COUNTY OF LUBBOCK X This indenture made this 13th day of Der mbeZ 1973, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation and HEMPHILL-WELLS COMPANY, a Texas Corporation, of Lubbock County, Texas, hereinafter 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 alley to construct and maintain a stationary packer being 31 feet by 9 feet"in dimensions for garbage and/or trash use, storage, and disposal, in and upon the following described portion of dedicated public alley, to -wit: BEGINNING at a point, said point being 44.00 feet North of the Southwest corner of Lot 11, Block 132, Original Town Addition to the City of Lubbock, Lubbock County, Texas; THENCE North 31. 00 feet to a point for the Northeast corner; THENCE West 9. 00 feet to a point for the Northwest corner; THENCE South 31.00 feet to a point for the Southwest corner; THENCE East 9. 00 feet to the point of BEGINNING. 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 whall be deemed properly served if deposited in the Post Office, postage paid, addressed to LICENSEE, at P. O. Box 981, Lubbock, Texas 79408. 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 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. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of FIVE AND N0/100 ($5. 00) DOLLARS per year for the duration of this license, with the first year payable on execution of this instrument and 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 Sanuary 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 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 demandvacation 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 paying, 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 -alignment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franshised 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, 6. This license is not transferable by the LICENSEE without first receiving 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 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 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 main- tenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liablility, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construc- tion, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a relialbe surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful perform- ance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement withthe CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the pay - went 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 properly 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. 8. 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 assingnment hereof by the LICENSEE, its successors 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 (6). 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 upon termination or cancellation of this license. CITY OF LUBBOCK BY: tiv. MORRIS W., TURNER, MAYOR ATTEST; La enia Lowe, City Secretary -Treasurer AGREED TO AND ACCEPTED this 13th day of December 1973. LICENSEE: HEMPHILL-WELLS COMPANY BY: BILL E. COLLI1-0, PRESIDENT ATTEST: Secretary APPROVED: Fred O. Senter, Jr.., Cit Attorney APPROVED; Wilford D. Watson, City Engineer THE STATE OF TEXAS i COUNTY OF LUBBOCK I BEFORE ME, 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 13th day of December 1973. Notary Public, Lubbock County, Texas THE. STATE OF TEXAS j COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for. said County, Texas, on this day personally appeared BILL E. COLLINS, President of HEMPHILL-WELLS COMPANY, known to me to be the person whose name is sub- scribed to the forgoing instrument and acknowledged to me that he executed the same as the act and deed of HEMPHILL-WELLS COMPANY, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this L t3 h day of December 1973. Notary Public, Lubbock, County, Texas