HomeMy WebLinkAboutResolution - 010975L - Alley Use License - C. Rufus Gaut Et Al - Original Town - 01_09_1975II JWF:dw
RESOLUTION
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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 an Alley
Use License in Favor of C. Rufus Gaut and Kenneth Gaut, a partnership
sometimes known as Gaut and Gaut, of Amarillo, Texas, 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 9th day of January , 1975.
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R Y ASS, MAYOR
ATTEST:
Treva Phillips, City Se etary-Treasurer
APPROVED AS TO FORM:
, jr.,
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3. 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
repairing of paving, sidewalks and utilities of any nature occasioned by the
construction as authorized by this license.
4. 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 santitary or storm sewer line con-
structed 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 LICENSEEIS use herein.
5. This license is not iransferable by the LICENSEE without first
receiving the written consent of the City Manager of the CITY OF LUBBOCK.
6, This license is made subject to the condition that should the LICENSE]
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 a..
;. of the above set out property, then and in that event said LICENSEE, his heirs
and assigns, will at all times. defend, indemnify and other wise,' hold the CITY
OF LUBBOCK, its agents, servants, and employees harmless from any acid
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 perta ttecHierein.
The CITY OF LUBBOCK, at its option, may require an agreementwith any
contractors hired by LICENSEE to performthe construction, repair or main-
tenance permitted herein,, which agreement will indemnify the CITY OF
LUBBOCK from and against all claims, liability, cost and expense growing
out of the performmnce 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,
contractor in said agreement with the 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 payment of any such claims or demands in order
to give LICENSEE a reasonable opportunity to settle or adjust the same.
7. 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,
8. 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 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 Para-
graph 5.
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