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HomeMy WebLinkAboutResolution - 051277P - Alley Use License - Leldon Wilson - Howard Garlington Addition - 05_12_1977JWF/hw flL Or'%T TTTT/1TT (91510"n- P 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 Leldon Wilson, 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 dbtail. Passed by the City Council this 12th day of May 1977 ROY B SS, MAYOR ATTEST: s, City §,d'cretary-Treasurer ;PPROVED AS TO FORM: d O. Senter, Jr., City ALLEY USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK This indenture made this 12th day of May, 1977, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and LELDON WILSON, hereinafter called LICENSEE. WITNE SSETH: 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 public alley to cultivate and grow a garden in said portion of alley and LICENSEE is to be allowed to place a gate at each end of the portion of alley, and both of said gates are to remain unlocked at all times so that any agent, servant, official, contractor for, or any other lawful representative of the City of Lubbock shall have free entry, ingress, egress and regress and also this right of entry also applies to any person, firm, or Corporation franchised by the City of Lubbock . to use its streets and alleys, to accomplish any lawful municipal purpose or franchised purpose, and vehicles needed in connection with municipal or franchised purposes of same becomes necessary to the accomplishment of such purposes, without any claim accruing to LICENSEE by reason of any damage to such garden arising by reason of the exercise of such rights by the City of Lubbock or said franchisees of said City to use its streets and alleys. Said portion of alley being described as that portion of North -South alley which lies between Lot 239 Green Lawn Addition and Lot 171, Howard Garlington Addition to the City of Lubbock, Lubbock County, Texas. 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 5324 33rd Street, Lubbock, Texas, or to 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 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 $200.00 payable in a lump sum advance when this agreement is executed for said twenty years at the rate of $10. 00 per year. In case of termination or cancellation of this agreement said advance shall be refundable in whole or in part only at option of the City of Lubbock. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not 1 �a ited 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 rerouting 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 relocating or rerouting 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 or be related to the making of this license or the construction or maintenance and use per- mitted 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 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 condi- tions 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 liabil- ity 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 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 r 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 with- out 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 LUBBOCK • By' i ROY BAS , MAYOR ATTEST: Treva Phillips, City S etary-Treasurer AGREED TO AND ACCEPTED this day of 1977. LICENSEE: LELDON WILSON APPROVED: red O. Senter, Jr., City Atforney 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 instrument 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 ti ,' 1977. /j� C _'oI -L" 1�4:ba Notary Public, Lubbock County, Texas f � 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 LELDON WILSON, known to' me to be the person whose name is subscribed to the -foregoing instrument and acknowledged to me that he executed the same for the purposes and consider- ation therein expressed. GIVEN UNDER MY SAND AND SEAL OF OFFICE this day of , 1977. Notary Public, Lubbock County, Texas