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HomeMy WebLinkAboutResolution - 031176D - Street Use License- S. Howard & Sherman A. Hope- Parking Lot, Westhaven Addition - 03_11_1976sy.f JWF jnh RESOLUTION 03//%P r0 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 LUB13OCK a STREET USE LICENSE in favor of S. HOWARD HOPE of Oklahoma City, Oklahoma, and his son, SHERMAN A. HOPE, of Terry County, 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 L L rh day of March 1976. - 1/� T 1 ROY 9ASS, MAYOR ATTEST: Treva Phillips, ity Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., City Wrney STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 1 a th day of March 1976, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and S. HOWARD HOPE of Oklahoma City, Oklahoma and his son, SHERNMN A. HOPE, of Brownfield, Terry County, Texas hereinafter collectively called "LICENSEE. " WITNESS ETH: For and in consideration of the sum of ONE AND N0/100 ($1. 00) and other good and valuable consideration to it in hand paid by GRANTEES herein and 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 vehicle parking lot as a proposed auxiliary use to apartment house units owned by LICENSEE and located on property adjacent to property herein concerned in and upon the following described portion of dedicated public street, to -wit: A Street Use License covering a portion of Geneva Avenue between Blocks 5 and 6' Westhaven Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point in the Northwest corner of Lot 16, Block 6, Westhaven Addition, said point being in the East right-of-way line of Geneva Avenue; THENCE West, along the South right-of-way line of 2nd Place, a distance of 50.00 feet to a point; THENCE South along the West right-of-way line of Geneva Avenue, a distance of 147. 5 feet to the North- east corner of Lot 32, Block 5, Westhaven Addition; THENCE East a distance of 50.00 feet to the Northwest corner of Lot 17, Block 6, Westhaven Addition; THENCE North, along the East right-of-way line of Geneva Avenue, a distance of 147. 5 feet to the PLACE OF BEGINNING. 1. The terms of this grant shall be from year to year not to exceed five (5) 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 of LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, postage paid, ad- dressed to LICENSEE in care of Brownfield Nbdical Clinic, 901 Tahoka Road, Brownfield, Texas 79316 or to the last known address of either 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 improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. LICENSEE shall pave the parking lot to City specification and grade as set and approved by the City Engineer at LICENSEE'S expense. 2. 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. 3. In the event the CITY OF LUBBOCK determines that.the existence of such use interferes with or causes the re-routing or re-alignrrnnt 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 ex- pense which would have been incurred except for LICENSEE'S use herein. 4. This license is not transferable by the LICENSEE without first re- ceiving the written consent of the City Manager of the. CITY OF LUBBOCK. 5, 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, demands, actions, causes of action, suits at law or in equity of what- soever kind or nature which may grow out 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 con- tractors 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 LUBBOCK may further require such contractor, when engaged in the con- struction, repair or maintenance permitted herein, to furnish, without ex- pense 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. 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. 6. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form sat- isfactory to the City Attorney for the CITY OF LU13BOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. T. 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 LICENSEE, its suc- cessors 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 4. 8. 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 bflt�is license. is (,. CITY OF LUBBOCK BY ROY-BP.SS, MAYOR ATTEST )' t Treva Phillips, City Secretary -Treasurer AGREED TO AND ACCEPTED this day of 01976. LICENSEE S. HO WARD HOPE SHERMAN A. HOPE APPROVED AS TO FORM: Fred O. Senter, Jr., City orney APPROVED: Wilfo j Watson, City Engineer THE STATE OF TEKAS § 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 instrument and acknowl- edged 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. t � Gi EN TiNDRii Ili HAND AND SEAL OF OFFiC:E: this�day of � G2��i/. 197u. (SEAL) Notary Public, Lubbock County, Texas vgg THE STATE OF OIiL, lIiO\3A § COUNTY OF § BEFORE 11IE, the undersigned authority, a Notary Public,- in and for said County, Oklahoma, on this day personally appeared S. HOWARD HOPE, known to me to be the person whose name is subscribed to the foregoing in- strument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY ILk-ND AND SEAL OF OFFICE this day of 1976. (SEAL) Notary Public,. County, Oklahoma THE STATE OF TEXAS § COUNTY OF TERRY § BEFORE ME, the undersigned authority, .a Notary Public in and for said County, Texas, on this day personally appeared, SHERMAN A. HOPE, known to me to be the person whose name is subscribed to the foregoing in- strument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY 11_9ND AND SEAL OF OFFICE this day of 1976. (SE_<1L) Notary Public, Terry County, Texas