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HomeMy WebLinkAboutResolution - 031176B - Alley Use License- Clifford W. Brown & Dead Shuman- Fire Escape, Original Town - 03_11_1976JWF/nh RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUB13OCK: 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 CLIFFORD W. BROWN and DEAN SHUMAN, 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 Ithday of March , 19 rl &S111% ROY BASS, MAYOR ATTEST: Treva Phillips, Ci Secretary -Treasurer APPROVED AS TO FORM: :S�6z& s,. Fred 0. Senter, Jr., City z�.- tto ey aLLL:'z USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this llth day of March , 1976, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and CLIFFORD W. BROWN and DEAN SHUMAN of Lubbock County, Texas, hereinafter collectively 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 counter balanced fire escape over the alley behind Lot 5, Block 127, Original Town, the address of which is 1601 Broadway, being in and upon the following described portion of dedicated public alley to -wit: BEGINNING at a point a distance of 7. 5 feet West of the Southeast corner of Lot 5, Block 127, Ori- ginal Town an Addition to the City of Lubbock, Lubbock County, Texas; THENCE South a distance of 3.00 feet to a point; THENCE West a distance of 20.00 feet to a point; THENCE North a distance of 3.00 feet to a point; THENCE East a distance of 20.00 feet to PLACE OF BEGINNING. 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. with- out 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 1601 Broadway, 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 improve- ments 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 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 a compensation for such grant the sum of TWO HUNDRED AND N0/100 ($200. 00) DOLLARS -payable in advance contemporaneously with execution and acceptance hereof by LICENSEE. 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. r�4 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 ^ase may be, for _its expense of such re -locating or re-routing over and abo%: e the exp::nse which would have been incurred except for LICE\SEE'S use herein. 5. This�iicense is not transferable by the LICENSEE without first re- ceiving 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 or be related to the making :.o' 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 main- tenance permitted herein, which agreement will indemnify the CITY OF LUB- BOCK 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 '7LUBBOCK may further require such contractor, when engaged in the construc- tion, repair or maintenance permited 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 perform- ance 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 pay- ment 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 satis- factory 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 representative, 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). 9. 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 OF LLBBOCK BY ATTEST:` r ROY BAS ,MAYOR r:eva Phillips, ;City ecretary-Treasurer AGREED TO AND ACCEPTED this day of LICENSEE: APPROVED:. CLIFFORD W. BROWN ��7 042- DEAN SHUMAN Fred O. Senter, Jr., City torney APPROVED: ilk D. Watson, City Engineer THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public ip, County, Texas, on this day personally appeared ROY BASS, kno���,N 'Il41i,� malc( the person whose name is subscribed to the foregoing instrument -, ledged to me that he executed the same as the act and deed of the Bn tth�w- the capacity OCK and as MAYOR, stated. e purposes and consideration th� and� �.' 'lt4r(��Jsc�l, An�N jT1�TDER MY HAND AND SEAL OF OFFICE thisof 19.76. day Notary Public, Lubbock THE STATE O) TEXAS § COUNTY QF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public u� r County, Texas, on this day personally appeared CLIFF'ORD W. h'_; to me to be the person whose name is subscribed to the foregoing (,� {� ialc►w►i acknowledged to me that he executed the same for the purposes an,� �}'(! !! y,���( till( therein expressed. . 1 GIVEN UNDER MY HAND AND SEAL OF OFFICE this of 1976. Notary Public, Lubbock _ . .