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Home My WebLink AboutResolution - 031176A - Cancel Land Use Permit - TDHPT - 1976 US Bicentennial Monument Site - 03_11_1976JW V/ dw ESOLUTION 6 51196 r9 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the following Resolution and proposed Agreement are hereby cancelled and shall hereafter no longer be of any force and effect: A Resolution and Land Use Permit, which Permit was to have been entered into by and between the City of Lubbock, Texas, and the Texas State Department of Highways and Transportation (as Permittee), relating to a monument site for the 1976 Bicentennial of the United States of America, passed' and approved by this City Council on January 22, 1976, and of record at Pages 18 and 19, Minute Book No. 35 of this Council, which Permit was not executed and accepted by said Permittee. SECTION 2. THAT said Resolution and proposed Land Use Permit as hereby cancelled are expunged from the Minutes of this City Council as having no force and effect and shall be so noted by the City Secretary in the margins of said pages 18 and 19 of said Minute Book No. 35, to the end that a new agreement can and is authorized with respect to the same subject matter as hereinafter set forth. SECTION 3. 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,new and revised agreement in lieu and as a substitute for the proposed agreement hereinabove cancelled, which new agreement is to be entered into by and between the City of Lubbock, Texas, and Texas State Department of Highways and Transportation (as Licensee) which is entitled a Land Use License, covering the same general subject matter as the cancelled agreement hereinabove set forth, 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 Ith day of March 1976. CZ S ATTEST: ROY BA , MAYOR App�rov was to form: Treva Phillips, City ecretary-Treasurer Fred O. Senter, Jr., City Attorney LAND USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This License Agreement is entered into as of the llth day of March , 1976, by and between the CITY OF LUBBOCK, TEXAS, a Texas Home Rule Municipality located in Lubbock County, Texas, acting by and through its Mayor hereunto duly authorized, hereinafter called "CITY", and the TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANS- PORTATION (the Successor State Agency to the Texas Highway Department), .acting by and through its undersigned District Engineer of the District having jurisdiction over Lubbock County pursuant to written authorization from the State Office of said Department to accomplish the matters hereinafter set forth, hereinafter called "LICENSEE", in consideration of the mutual cov- enants and agreements to be kept and performed by the parties hereto do hereby contract and agree as follows: I. The improvements herein contemplated are in connection with the 1976 :Bicentennial of the United States of America. LICENSEE is granted the right of ingress, egress and regress for the purpose of constructing and maintaining improvements constituting a historical park overlook adjacent to Loop 289 upon land owned by the CITY, such improvements to be in the nature of an entry and exit road approximately twelve feet in width, pedestrian sidewalks, a parking lot for cars, picnic tables and monuments and/or commemorative signs or plaques setting forth and commemorating matters of historical sig- nificance pertinent to this area of Texas. Said improvements shall be com- pleted by LICENSEE using its own employees and servants within 90 days from the date of this Agreement at LICENSEE'S expense estimated to be approximately $7, 530. 00, PROVIDED HOWEVER, that said 90 day performance time limit shall automatically be extended for such amount of time of delay in the project which is caused and brought about by any condition or event beyond the control of the Licensee and/or which could not have reasonably been forseen and/or pre- vented by LICENSEE, such as but not limited to: Act of God, natural disaster, civil riot or commotion or insurrection; or by governmental rule, regulation, order, legislation, or determination by a federal, state, or local government; or judicial decision resulting from court litigation of whatever type or character; or any type of labor strike or disturbance. Said improvement shall be construc- ted in accordance with such lay -out design as shown on attached schematic dia- gram sketch and plan marked "EXHIBIT A" and made a part hereof. II Said improvements are to be made, constructed, and/or placed by LICENSEE in accordance with the said lay -out design within the following described perimeter, being real estate described as follows: A tract of land located in Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a point, said point being 447. 6 feet South 650 24' West of the intersection of the East section line of Section 18, Block A, with the North right-of-way line of Northwest Loop 289; THENCE North 38' 32' West for a distance of 399.4 feet to a point; THENCE South 49' 23' West for a distance of 268. 7 feet to a point; THENCE South 39` 45' East for a distance of 324.4 feet to a point on the right-of-way line of Northwest Loop 289; THENCE North 65' 24' East for a distance of 270. 2 feet along said right-of-way line to the PLACE OF BEGINNING. The monuments and/or commemorative signs or plaques placed on the above described real estate by LICENSEE shall remain the property of LICENSEE subject to removal by LICENSEE at its expense, and shall be maintained by LICENSEE, and CITY shall not be responsible or liable to LICENSEE for any loss or damage as regards such monuments or signs or plaques as a result of theft, vandalism, or Act of God or natural disaster. LICENSEE shall also be responsible for the maintenance of the improve- .ments and grounds within the above described perimeter and to keep the ,premises suitable for park purposes at all times during the life of this Agree- :: me nt. IV. This Agreement shall remain in force so long as said land is maintained In like manner as other park lands in the immediate area, and in the event LICENSEE shall fail or refuse to maintain these premises within 60 days after notice in writing from the City Manager of the CITY OF LUBBOCK or his counterpart in the event there is no City Manager and addressed to the District Engineer of the Texas State Department of Highways and Public Transportation having jurisdiction over Lubbock County, then this License shall automatically be cancelled. This Agreement is executed in duplicate, each duplicate being considered an original. WITNESS OUR HANDS AT LUBBOCK, TEXAS this day of , 1976. CITY OF LUBBOCK BY SS ROY BRSS, MAYOR ATTEST: Treva Phillips, Cit ecretary-Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr. , City,#Wtorney TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANS- PORTATION BY GEORGE C. WALL DISTRICT 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 BOY 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of i� 1976. (SEAL) Notary Public, Lubbock County, Texas 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 GEORGE C. WALL, 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 TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION and as its DISTRICT ENGINEER, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1976. (SEA L) Notary Public, Lubbock County, Texas Lit 14ft a"' TOL-9&QXAftA MU