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HomeMy WebLinkAboutResolution - 040876B - Street Use License - EL & Ruth Morton - Fencing, Portion Of Ave G - 04_08_1976JW F/ dw RESOLUTION OW0 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 for a portion of Avenue G in favor of E. L. MORTON and wife, RUTH MORTON, 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 8th day of Apr i 1 , 1976. ROY BASS, MAYOR ATTEST: reva PhilTips, C Secretary -Treasurer APPROVED AS TO FORM: d O. Senter, Jr., KW Attorney STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 8th day of Apr 1 , 1976, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corp- oration, and E. L. MORTON and wife, RUTH MORTON, 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 fence in the area herein- after described and use same for storage purposes, in and upon the Poll - owing described portion of dedicated public street, to -wit: The East Twenty -Five (25) feet of Avenue G which lies along, is adjacent to, and abuts the East side and/or line of Blocks 18 and 19, Suburban Homes Addition to the City of Lubbock,, Lubbock County, Texas. LICENSEE shall conform such use to the zoning ordinance of the CITY .OF LUBBOCK at all times during the life of this License. 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 2214 60th Street, Lubbock, Texas, or to last known address of LICENSEE. Upon expiration or cancellation and revocation of this License by the CITY OF LU13BOCK 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 con- dition 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 DOLLARS ($200.00) cash in advance contemporaneously with the acceptance and execution 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 replace- ment and repairing of paving, sidewalks and utilities of ahy nature occas- ioned 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 caused the re-routing or realignment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or fran- chised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such relocating 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 pre- pare or begin or complete any part of the construction as herein con- templated 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, ser- vants and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatever 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 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 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 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 represen- tatives, 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, his 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 five (5). 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 he is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this License. YZ CITY OF LUBBOCK B Y: 1 ROY BASS, MAYOR ATTEST: Treva Phillips, Cry Secretary -Treasurer APPROVED AS TO FOR1i: Fred O. Senter, Jr., Ci y XeSirney APP AOVE Wilfor WaFson, City Engineer AGRE TO AND ACCEPTED this day of 1976. LICENSEE E. L. MORTON RUTH MORTON k 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 We 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. �•� yGI,VEN UNDER MY IiAND AND SEAL OF OFFICE this __day of 1976. (SEAL) Notary Public, Lubbock County, Texas T F3 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 E:L. MORTON and wife, RUTH MORTON, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1976. (SEAL) Notary Public, Lubbock County, Texas