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HomeMy WebLinkAboutResolution - 042574E - Street Use License - Harold-Ted Corporation - Sweatt Addition - 04_25_1974RESOLUTION !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 HAROLD-TED 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 25th day of April 1974. k 3'TEST: Treva Phillips, Ciyj Secretary -Treasurer APPROVED AS TO FORM: Fred O, Senter, Jr. . y Attorney STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 25th day of April 1974, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and HAROLD- TED CORPORATION, A Corporation, of Lubbock County, Texas, hereinafter called "LICENSEE", WITNESSETH: For and in consideration of the sum of NINE HUNDRED FORTY AND NO/ 100 ($940.00) DOLLARS to it in hand paid by GRANTEES herein and subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does grant to the LICENSEE, the right, privilege and license to use a portion of . dedicated street as outside storage in and upon the following described portion of dedicated public street, to -wit: BEGINNING at the Northwest Corner of Lot 1, Sweatt Addition to the City of Lubbock, Lubbock County, Texas; THENCE South along the West line of Lot 1, Sweatt Addition a distance of 585. 76 feet to the Southwest Corner of said Lot 1; THENCE Sotithwesterly a distance of 80. 04 feet to the South- east Corner of Lot 1, Keystone Fleming Addition; THENCE North along the East line of Lot 1, Keystone Fleming Addition a distance of 588.79 feet to the Northeast Corner of Lot 1, Keystone Fleming Addition; THENCE East a distance of 80. 00 feet to the PLACE 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 re- tains the right, at its selection to cancel and revoke this liecnse, 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 701 N. Avenue N. , 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 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 re- moved 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 re- pairing of paving, sidewalks and utilities of any nature occasioned by the construc- tion as authorized by this license. 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 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 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, its successors or assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUB- BOCK, 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 work to be done by such con- tractor. The CITY OF LUBBOCK may further require such contractor, when en- gaged 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 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. 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 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. 7. All of the covenants and provisions of this. license shall be binding upon and inure to the benefit of the successors, legal representatives, 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 in each instance except as specified in Paragraph 4. 8, LICENSEE, by the acceptance of the uses permitted herein, understands 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 ATTEST:-Q rQfSS ,, ROY BASS, MAYOR r. 'Treva Phillips, City Se etary-Treasurer — _-A-PPROVEDA-STO-FORM: - - Fred O. Senter, Jr., CW Attorney APPROVED: Wil d Watson, City Engineer ACCEPTED AND AGREED TO this day of 1974. LICENSEE: HAROLD-TED CORPORATION BY HAROLD HARRIS, President ATTEST: Secretary 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 ROY BASS, 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 DAY OF 1974. 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 HAROLD HARRIS, 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 HAROLD-TED CORPORATION, A Corporation, and as PRESIDENT thereof, for the purposes and consideration therein expressed, and in the capacity therein slated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF 1974. Notary Public, Lubbock County, Texas L.T. }� RESOLUTION I� ai 'BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: �I{- THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed 1' o execute for and on behalf of the City of Lubbock an AGREEMENT between the ;City of Lubbock and City Auto Parts & Wrecking covering the removal of junked .Irehifles 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. i ► I; Passed by the City Council this,_§ day of IF AaaiE 1974. {� II ROY BASS, MAYOR ! THE STATE OF TEXAS I COUNTY OF LUBBOCK X THIS AGREEMENT entered into between the CITY OF LUBBOCK, hereinafter called "City" and CITY AUTO PARTS & WRECKING, hereinafter called "Contractor" for the removal and demolition of junked vehicles within the City of Lubbock: WITNESSETH: WHEREAS, the City of Lubbock has enacted an amendment to its Code of Ordinances providing for the removal and demolition of junked vehicles within the City of Lubbock in accordance with the Texas Abandoned Motor Vehicle.Act and desires to enter into an agreement with the Contractor. for the performance of such services upon the terms and conditions set forth below: 1. Contractor hereby agrees to pick up and dispose of junked vehicles within the City of Lubbock within forty-eight (48) hours as directed by the authorized official of the City of Lubbock, such acts to be performed in accordance with the Ordinances of the City of Lubbock and the Texas Abandoned Motor Vehicle Act. 2. The Contractor shall be responsible for the keeping of records incidental to the removal and disposition of such junked vehicles and shall prepare the necessary forms needed by the City and the State of Texas in performing such services and such records shall be available to the City of Lubbock and State of Texas. 3. The Contractor shall pay to the City the sum of $12. 67 for each junked vehicle picked up and disposed of upon direction of the City of Lubbock, such compensation shall be paid by the Contractor to the City thefirst of each month along with a statement listing all junked vehicles picked up and demolished during such month. 4. The Contractor shall maintain insurance on all of his vehicles used in performing these services and in addition shall maintain liabi- lity insurance in the amount and form acceptable to the City Attorney which covers such services. 5. The Contractor shall hold the City free from any liability or respon- sibility for the acts of the Contractor, its agents or employees in the performance of such services. 6. The term of this Agreement shall be for a period of twelve (12) months and may be terminated by either party upon thirty (30) days written notice to the other party. EXECUTED this 9.5 day of APRIC 1974. ATTEST: CITY_QF�j.LUBBOCK ! C» �Lf iT+yj,� t. ROY BASS, MAYOR Treva Phillips, C' Secretary -Treasurer CONTRACTOR: APPROVED AS TO FORM: Fred O. Senter, Jr.. City Attorney