The URL can be used to link to this page

Home My WebLink AboutResolution - 121373H - Alley Use License - Southwest Lighthouse For The Blind - Original Town - 12_13_1973-, 'Zl373 # 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 Southwest Lighthouse for the Blind, Inc., a Non -Profit Charitable 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 13tb day of December , 1973. ATTEST: Lowe, City D AS TO FORM: . 6enter, Jr., City MORRIS W. TURNER, MAYOR reasurer ALLEY USE LICENSE THE STATE OF TEXAS_ -----COUNTY- OF-LUBBOCK= AI5 indenture made this 13th day of December 1973, be- tween the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and ___SOUTHWEST LIGHTHOUSE FOR THE BLIND, INC., a Non-profit Charitable Corporation, of .Lubbock County, Texas, hereinafter called "LICENSEE, " --- - - WITNESSETH: _--------- .-_ -- For and in consideration of the sum of ONE AND NOI100 ($1, 00) DOLLARS 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, privilege and license to use a portion of dedicated alley to construct and maintain: One or more "Blind Xing" signs in the portion of North - South alley lying between Lots 5 and 20, Block 121, Original. Town of the City of Lubbock,_ -Lubbock County, _ Texas. 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 selection 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 P. O. Box 10102, 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 im- provements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements and e expense incurred shall e assessed against LICENSES fir which LICENSEE shall be liable. 2. The LICENSEE agrees to pay all costs arising our of the exercise of this license herein granted, including but not limited to the replacement and repair- ing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license, but no fee is charged for the use of said alley by reason of the fact that LICENSEE is a non-profit charitable corporation. 3. In the event the CITY OF LUBBOCK determines that the existence of sue 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 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 sue re -locating or re-routing over and above the expense which would have been incurre except for LICENSEE'S use herein. 4. This license is not transferable by the LICENSEE. without first re- ceiving 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 complei 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 s, will -at all -times _ defend, indemnify and otherwise hold the CITY OF LUBBOCK,LUits agent _-servants, and employees harmless from any and all claims,-- demands,- actions, — = —causes of action, _suits at law br 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 main ---- enance-anduse-permitted-herein-.- The -CITY OF LUBBOCK,--at-its_ -option, may__ require an agreement with any contractors hired by LICENSEE to perform the con- struction, repair or maintenance permitted herein, which agreement will indemnify - the CITY OF OUBBOCK from and against all claims, liability, .cost and expense growing out of the performance of the work to be done by such contractor. The CIT 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 reliable surety bond, in an amount and in the form satis- factory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of al. the terms, covenants and conditions contained in said agreement and a certified cop of a policy of public liability assumed by contractor in said agreement with the. CIT' 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 it 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 satirfactc to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF 7.UF 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 representatives— a-Uigns-.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 in each instance except as specified in Paragraph 4. 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. CITY OF LUBBOCK ee? MORRIS W. TURNER, MAYOR Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: 1.7 �t LX Fred O. Senter, Jr., Ctly Attorre y APPROVED; Guilford D. Watson, City Engineer AGREED TO AND ACCEPTED this 13th day of December. 1973. ICENSEE: SOUTHWEST LIGHTHOUSB�FOR- - - — ---`THE BLIND, INC. - BY O. V. SCOTT, JR. , PRESIDENT . -_.. ATTEST: --- - SECRETARY _ THE STATE OF TEXAS COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Puboic, 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 § COUNTY OF LUBBOCK $ BEFORE ME, the undersigned authority; a Notary Public, in and for said County, Texas, on this day personally appeared O. V. SCOTT, JR., known to me to be the person whose name is subscribed to the foregoing instrument and acknow. ledged to me that he executed the same as the act and deed of SOUTHWEST LIGHT• HOUSE FOR THE BLIND, INC„ A corporation, and as PRESIDENT thereof, for the purposes and consideration therein expressed, and in the capacity therein state GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13th day of December 1973. Notary Public, Lubbock County, Texas