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HomeMy WebLinkAboutResolution - 061374G - Overpass Use License Agreement - Trans Video Corporation - 06_13_1974RESOLUTION WHEREAS TRANS VIDEO CORPORATION, doing business in the City of Lubbock, Lubbock County, Texas as LUBBOCK CABLE T. V., INC., has reque permission of the City of Lubbock to place a 3/4" primary feeder line for cable T. V. on the underside of an overpass structure maintained by the City of Lubbo which over pass passes over the right of -may of the Atchison, Topeka and Santa Fe Railway Company (and/or its successors and assigns, if applicable) and, WHEREAS, said TRANS VIDEO CORPORATION, dba LUBBOCK CABLE T. V., INC., has already received written permission from said Railway Com- pany to cross over the right of way of said Railway with said T. V. cable, and in view of such grant of permission by -said Railway Company (satisfactory evidence of which has been furnished to the City of Lubbock by said TRANS VIDEO COR- PORATION), the City of Lubbock finds it is to the public interest and general wel- fare of the citizens of the City of Lubbock to grant (by execution of an Overpass Use License Agreement) suck permission for use of overpass structure as herein - above set forth; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an OVERPASS USE LICENSE AGREEMENT to be entered into by and between the City of Lubbock (as Licensor) '^ and TRANS VIDEO CORPORATION, dba LUBBOCK CABLE T. V., INC., (as Licensee), attached herewith which shall be spread upon the minutes of this Counc and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein. Passed by the -City Council this 13th d f Ainp 1974. 1LA ATTEST: ROY B'AS YOR Treva Phillips, City-cretary-Treasurer a APPROVED AS TO FORM: Fred 0. Senter, Jr., Cit ney r"` OVERPASS USE LICENSE AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 13th day of June, 1974, between the CITY OF LUBBOCK, TEXAS, a Home Rule Muni�cipal Corporation, and TRANS VIDEO CORPORATION, doing business in Lubbock, Texas, as LUBBOCK CABLE T. V., INC., of Lubbock County, Texas, hereinafter called "LICENSEE". 0 WITNE.SSh'Tfi: 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 CIT' OF LUBBOCK, by LICENSEE, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license b use a portion of overpass to con- struct and maintain the following A primary.feeder line 3/4" aluminum T. V. cable to be attached to the underside of an overpass which is an approach to 26th Street crossing over Southeast Drive and the right of way of Atchison, Topeka and Santa Fe Railway Company in . the City of Lubbock, Lubbock County, Texas at or about Mile Post No. 675 +4404. 2 of said Railway in Lubbock, 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 LICEN- SEE at P. O. Box 10323, 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 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. This agreement is binding on TRANS VIDEO CORPORA TION and LUBBOCK CABLE T. V., INC., and notice to one is notice to the other for all purposes. i 2. The LICENSEE agrees to pay all costs arising out of the exercise { of this lice6se herein granted, including but not limited to the replacement and repairing of paving, sidewalks, utilities of any nature and/or overpass structure herein concerned occasioned by the construction 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 cor strutted by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case maybe, 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 LICE 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 an assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all clair 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 LT.CENSt= to perform the c::.-i-,truction, 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 e( tractor. 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 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 payme. of any such claims or demands in order to give LICENSEE a reasonable opportunit to settle or adjust the same. 6. LICENSEE agrees and is required to furnish a policy of public liabil 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 LUBBOCK as the insured, said policy covering the uses herein granted. 7. All 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 FRme extent and t:fieci as the same are binding upon and inure to the benefit of the parties here- to, 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 LUBBC in each instance except as specified in Paragraph 4 hereof, 8. LICENSEE, by the accellance 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 overpass structure and appurtenances thereb it is permitted to use hereby and agrees to give peaceful possession of said property covered here upon termination or cancellation of this license. ATTEST: Cl F BOCK ROY BASS, MAYOR Treva Phillips, C' y Secretary -Treasurer APPROVED AS TO FORM: 4-7-71 red O. S nt),-r, Jr. , ty Attorney APPR VED; 7 Al V' lfo J QiVatson, City Engineer AGREED TO AND ACCEPTED this day of 1974. TRANS VIDEO CORPORATION dba LUBBOC. CABLE T. V. , INC., in Lubbock, Texas BY President ATTEST: Secretary (SEAL) THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for Lubbo 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 an as its MAYOR for the purposes and consideration therein expressed, and in the capacity therein stated. 22 GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS �oZ DAY OF 1974. iv (SE AZ) Notary Public, Lubbock County, Texas THE; STATE OF✓ § COUNTY OF✓ § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State on this day personally appeared✓ known to me to be the person whose name is subscribed to the foregoing instrume and acknowledged to me that he executed the same as the act and deed of TRANS VIDEO CORPORATION, dba LUBBOCK CABLE T. V., INC., and as its PRESID] 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. (SEAL) Notary Public, County of t State of�"'