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Home My WebLink AboutResolution - 071174K - Street Use License - Hall Foundries And Manufacturing Inc - Elm Avenue - 07_11_1974fWF:dw O 7//7/-/k J /� nz+enr TTTTl17,T 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 Hall Foundries and Manufacturing, Inc., a 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 I I th day of July 1974. RO BA S, MAYOR ATTEST - Treva Phillips, City Se etary-Treasurer APPROVED AS TO FORM: /i red O, Senter, Jr., STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this I I th day of July 1974, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and HALL FOUNDRIES AND MANUFACTURING, INC,., a corporation, acting through its officers hereunto duly authorized, 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 street to construct and maintain a private underground telephone cable to service business premises of Licensee on both sides of the street in and upon the following described portion of dedicated public street, to -wit: A portion of Elm Avenue crossing said Avenue near 14th Street; said portion of Elm Avenue being described as a strip of land four (4) feet wide, being two (2) feet in width on either side and along, adjacent and abutting the entire length of the following described center line, to -wit: BEGINNING at a point in the East right-of-way line of Elm Avenue; said point being 110.1 feet South of the Northwest corner of Lot 1, Foundary Addition to the City of Lubbock, Lubbock County, Texas; THENCE West.a distance of 60. 00 feet to a point in the West right-of-way line of Elm Avenue. 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 1230 Elm Avenue, 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 rermved by the LICENSEE and the property shall be restored to its original condition at not 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 compensation for such grant the lump sum of TWO HUNDRED AND N01100 ($200. 00) DOLLARS for the term of this license, payable in advance by LICENSEE to CITY OF LUBBOCK, contemporaneous with the execution hereof. 3. Payment of the lump sum fee provided above shall be made by LICENSEE to CITY OF LUBBOCK in advance as aforesaid. 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 of the license herein granted, including but not limited to the replacement and repairing of paving, 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 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. 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, 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 main- tenance 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 agreement 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 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 polccy 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 payment 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 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. -2- 9. All of the covenants and provision 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 (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 %B;QO By: ROY BASS, MAYOR TTEST: .' t r'aya Phil]10s, City S retary-Treasurer IA6R'h-D TO AND ACCEPTED this day of 1974. LICENSEE: HALL FOUNDRIES AND MANUFACTURING, INC. By: JAMES R. HALL, PRESIDENT ATTEST: SECRETARY APPROVED: red O. Senter Jr., W Attorney APPROVED: Wilford D. Watson, City Engineer 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 acknow- ledged 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. ' Y�% �1� ,L3 :DER MY HAND AND SEAL OF OFFICE this %/ *ay of �• 1974. J (S AL)'/1ily� Notary Public, Lubbock County, Texas -3- THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared JAMES R. HALL, known to 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 HALL FOUNDRIES AND MANUFACTURING, INC., a corpo- ration, and as its President, 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, Lubbock County, Texas f -4