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Home My WebLink AboutResolution - 092674A - Street Use License - LBK Parking Service - Original Town Lots - 09_26_1974/ 2&79!V A 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 a Street Use License in favor of Lubbock Parking Service, attached hereto 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 thisgkibLi iay of September 1974. ROY BASS, MAYOR ATTEST: Treva Phillips, Cit Secretary -Treasurer APPROVED AS TO FORM: STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 26th day of e, 1974, between the CITY OF LUBBOCK, TEXAS, a Home RuleMunicipality, hereinafter called ".CITY" and the -LUBBOCK PARKING SERVICE, A Texas Corporation, herein- after called "GRANTEE". WITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas, does hereby grant unto GRANTEE the right, privileges and license to construct, occupy and maintain the uses stated below to be located within portions of land being strips approximately 30 inches wide in loth Street and Avenue J abutting the North side of Lot 20 and the East side of Lots 16 through 20 (inclusive), Block 102, within the Original Town Lots. of the City of Lubbock, Lubbock County, Texas as more particularly shown and described on the drawing hereto incorporated and made a part hereof. The uses permitted under this license are described as the installation and/or construction of flower boxes and brushed concrete sidewalks as shown in the attached drawing. (1) Grantee shall be responsible for the pruning and/or shaping of the plants and shrubs planted in or imme- diately adjacent to the public right of way_ covered in this license, to insure that the alleys, sidewalk areas and streets remain free of obstruction so as not to obstruct ingress and egress and passage through these public areas. (2) Curb and gutter sections, and curb and gutter and sidewalk grades shall' be as specified by the City Engineer. (3) The City reserves the right to install or remove traffic control signs or devices,: parking control signs, parking meters, or any other item incident to the control or regulation of traffic and normally installed in the street right of way. (4) The term of this grant shall be for twenty (20) years from the date of adoption hereof. (5) Grantee shall pay to the City as a compensation for such grant the sum of ONE HUNDRED ($100.00) DOLLARS payable with the execution hereof in one lump sum in advance. (6) Prior to any construction as authorized by this license, the Grantee shall submit to the City Engineer plans and specifications for the construction to be done, and the Grantee shall not commence construction until such plans and specifications are approved by the City Engineer. (7) The Grantee 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. In the event the City determines that the existence of such use interferes with or causes the re-routing or re-aalignment,of`any�public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the City of franchised utility, Grantee agrees to reimburse -the City. .of. Lubbock,_.or such utility, -as--the-case may be,.-for,its,expense• of such relocating or reLjroutirig'over and above the expense which would have been incurred except for Grantee's use herein. �,.. ,,, This license is not transferable by the Grantee without first 'receiving the:written,consent of the City Council of the City of Lubbock.` This license is made subject to the condition that should the. Grantee 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 in that event said Grantee, its successors and assigns, will at all times defend,_ indemnify and .othemvise.holdthe. 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 whatsoever kind or nahire which may grow out of or be related to the, making of this license or the construction or maintenance and use permitted herein. City, at its option, may require an agreement. with any contractors hired by Grantee to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the City 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 may further require such contractor, when engaged in the con- struction, repair or maintenance permitted herein, to furnish, without expense to City, a reliable surety bond, in an amount and in the form satisfactory to said City, 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 and property damage insurance within limits specified by, and in a form satisfactory to, said City, covering the contractual liability assumed by contractor in said agreement with City. The City agrees to give . notice to Grantee prior to incurring any costs or expenses or the payment of any such claims or demands in order to give Grantee a reasonable opportunity to settle or adjust the same. At such time as this license should be canceled or revoked for any reason, before or after the expira- tion of the primary term, the improvements that are permitted under this license shall be removed by the Grantee and the property restored to its original condition at no cost or expense to the City of Lubbock. In the event Grantee fails or refuses to remove such improvements after demand by City, the City shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against Grantee for which Grantee shall be liable. -2- (12) 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 Grantee, its successors or assigns shall be binding -upon the City of Lubbock without the consent of the City of Lubbock m each instance except as specified in Paragraph 9. (13) This license may be cancelled by the City of Lubbock at any time after 30 days written notice by United. States Mail addressed to Grantee in care of Lubbock National Bank, Lubbock, Texas, 79401, (14) Grantee, 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 Grantee waives any and all claims in and to the public way it is per- mitted to use hereby and agrees to give peaceful pos- session of said property covered herein upon termination or cancellation of this license. Y O LUBBOCK ATTEST: SS 1GG _ ROY BASS, MAYOR F Treva Phillips, C"fy Secretary-Treas. AGREED TO AND ACCEPTED this day of 1974. LICENSEE: LUBBOCK PARKING SERVICE, _ A: Corporation BY JAMES A., LITTLEFIELD ATTEST: PRESIDENT Secretary APPROVED: Fred O. Senter, Jr., y' orney APP OVED: �I' of blic Works Sam Wahl, irec r y =. K: 9( 16 1. 25' 1� 75' !25 125120 N 75' _ — 3 18 , _. 3 �� 18 M E M O R I A L 4. 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