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HomeMy WebLinkAboutResolution - 052275I - Street Use License - H.C. Lewis Et Al - Nashville Avenue - 05_22_19756'r2 72-Q5s JWF:cab ?r� 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 H. C. LEWIS, HAROLD CHAPMAN, and RAY CHA.PMAN doing, business as Lubbock Inn, a Partnership, 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 22nd day of May 1975. ROY BA S, MAYOR ATTEST: Treva .Phillips, C'ry Secretary -Treasurer APPROVED AS TO FORM: red O. Senter Jr.ZCit-,Y'Attornev STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK THIS indenture made this day of 1975, between the CITY OF LUBBOCK, TEXAS, a _Home Rule Municipal Corporation, and H. C. LEWIS, HAROLD CHAPMAN, and RAY CHAPMAN, doing business as LUBBOCK INN, a partnership, of Lubbock County, Texas, hereinafter called "LICENSEE!' WITNE SSE TH: 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 an underground telephone and television service conduit under, along, upon and across the following portion of dedicated public street in the CITY OF LUBBOCK, Lubbock County, Texas, to -wit: An east -west crossing of Nashville Avenue, five feet wide and being in length entirely across said Nashville Avenue, the north line of said east -west crossing being approximately 132 feet south of the south Right of Way line of 19th Street. 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 3901-19th Street, Lubbock, Texas, or to the last known address of LICENSEE. 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 CITY OF LUBBOCK, the CITY OF LUBBOCK 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. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensa- tion for such grant the sum of TWO HUNDRED AND NO/100 DOLLARS ($200, 00), payable in advance contemporaneously with 'LICENSEE'S execution of this License. 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 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 may be, 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. 5. This license is not transferable 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 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, demand, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of 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 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 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 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 speci- fied 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 of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal repre- sentative, 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 5 above. 9. LICENSEE, 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 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. -2- 10. Any paving cut necessitated by this construction shall be done under the supervision of representatives of the Engineering Department of the CITY OF LUBBOCK to the end that same shall be made, done, and the paving repaired in such a manner as to interfere with the - public's use of the street as little as possible, and in a workmanlike manner. Said conduit contemplated herein shall be laid at least 42 inches below the pavement and/or ground surface level of Nashville Avenue, and the surface and/or pavement repaired after the paving cut in accordance with the requirements and complete satisfaction. of the said Engineering Department of the CITY OF LUBBOCK. CITY OF LUBBOCK BY: R.OY BASS, MAYOR ATTEST: Treva Phillips, City Secretary -Treasurer AGREED TO AND ACCEPTED this day of 11975. LICENSEE: LUBBOCK INN, A PARTNERSHIP H. C. LEWIS, PARTNER iAROLD CHAPMAN, PARTNER• RAY CHAPMAN, PARTNER APPROVED: Fred O. Senter, Jr., City 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 instru- ment 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 , 1975. Notary Public, Lubbock County, Texas -3- 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 H. C. LEWIS, known to me to be the person whose name is subscribed to the fore- going instrument and acknowledged tome that he executed the same for the purposes and consideration therein expressed, and in the " capacity therein stated and as the act and deed of LUBBOCK INN, a Partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1975. (SEA L) Notary Public, Lubbock County, Texas 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 HAROLD CHAPMAN, 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 LUBBOCK INN, a Partnership 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 . 1975. (SEAL) Notary Public, Lubbock County, 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 RAY CHAPMAN, 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 LUBBOCK INN, a Partnership, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1975. (SEA L) Notary Public, Lubbock County, Texas