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HomeMy WebLinkAboutResolution - 061374F - Street Use License - William J. Gillespie - Overton Addition - 06_13_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 WILLIAM J. GILLESPIE, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council she constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of June 1974. ROY BAS , MAYOR ATTEST; eva Phillips, City Se etary- Treasurer APPROVED AS TO FORM; . Seriter, Jr;, City Pfttorney Goa STREET USE LICENSE ' THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made as of this 13th day of June, 1974 between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and WILLIAM J_ GILLESPIE, of Lubbock County, Texas, hereinafter called "LICENSEE". W ITNESSETH: Subject to the terms, conditions and provisions herein the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to continue to use a portion+of dedicated street to -wit: Broadway Street, for a projection of approximately 1 foot, 8 inches into the right-of-way of said street adjacent to Lot 14, Block 41, Overton Addition to 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 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 2022 Broadway 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 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 un'Y Vb• 1,U.B1iOC:K, the CT'" r%T: T TTT)BOIC11l shall ter ' a � ^uii�� w b �..lavv^,L 1,.11 1 V, LV LLV VII .711611 21,4Ci1 p^vooe5o av rl, arlV •�. uV vZ or �. c r 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 TEN AND NOJ100 ($10.00) DOLLARS per year for the duration of this license, with the first year payable on execution of this instru- ment and a pike sum payable on January 1 of each succeeding year for the duration of this license. 3. Payment of the annual fee provided above, except the initial pay- ment shall be made by LICENSEE to CITY OF LUBBOCK on January 1st of each year, this license is in effect. Notice of such fee being due shall be sent by the CITY OF LUBBOCK to LICENSEE and upon failure of LICENSEE to pay such fee within thirty (30) days from receipt of such notice, the CITY OF LUBBOCK shall consider such non-payment as a default in this license, and the City Council. shall determine whether such license shall be considered forfeited and may elect to demand vacation by LICENSEE. 4. The LICENSEE agrees to pay all costs arising out of the exercise 1 this license herein granted, including but not limited to the replacement and repai ing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. - 5. in the event the CITY OF LUB13OCK determines that the existence Of such use interferes with or causes the re-routing or re -alignment of any public utility, franchised utility, or sanitary or storm server line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE: agrees t reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such re -locating or re-routing over and above the expense which woul have been incurred except for LICENSEE'S use herein. 6. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 7. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or be or cor plctc any part ai .ne ct nstruci- aS hei—in corl., C't =ili2`e�(S n _ •. �$ :+ : Gi poi 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 clam 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 agre ment will indemnify the CITY OF LUBBOCK from and against all claims, liabilit; 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 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 contractc 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. ti. 111C:E1v5EE agrees ana is required to furnish a policy of public ii.abuity and property 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, 9. 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 duly authorized agents and contractors of the parties hereto to the same exter 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 (6). 10. LICENSEE, by the: acceptance of the uses permitted herein, under s tands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and LICENSEE %%naives 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 cancella tion of this license. -- 11 It ishereby agreed that the Street Use License Agreement between the CITY OF' LUBBOCi< and LICENSEE dated August 12, 1965, covering the same use as herein contemplated at the same location be and the same is hereby can- celled and terminated as of the date of this agreement of June 13, 1974, by mutuz agreement of the undersigned parties hereto. 1 •, CITY OF LUBBOCK BY S ATTEST: ROY ASS, MAYOR Treva Phillips, City S retary-Treasurer APPROVED AS TO FORM: Fred O. Sente-r, Jr. , Attorney APPROVED: Wilford D. Watson, City Engineer AGREED TO AND ACCEPTED this day of 1974. LICENSEE: WILLIAM J. GILLESPIE WILLIAM J. GILLESPIE ,++rrB ST ATE nF TEXA.9 _ F Ap roved as to orm: - tua� uiaa+.-. - COUNTY OF LUBBOCK § Fred o. enter, Jr., ity Attorney, 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 I ' 1974. (SE-1&L) 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 WILLIAM J. GILLESPIE, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for, the purposes and consideration therein expressed, GTVEN UNDER MY HAND LAID SEAL OF OFFICE THIS DAY OF . 1974.