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HomeMy WebLinkAboutResolution - 121577D - Street Use License - Hall Foundries And Manufacturing Inc - Foundary Addition - 12_15_1977BE 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 in favor of HALL FOUNDRIES AND MANUFACTURING, INC., 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 15th day of December 1977. I/ r S ROY BASS, MAYOR ATTEST: Treva Phillips, CiV Secretary -Treasurer APPROVED AS TO FORM: d ;O. Sente`r, Jr., 1 ^� rh .\ STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 15th day of December 1977, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and HALL FOUNDRIES AND MANUFACTURING, INC., of Lubbock County, Texas, here- inafter called LICENSEE. WITNESSETH: Subject to the terms, conditions and provisions herein the CITY OF LUB- BOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street to construct and maintain an overhead cable supported by poles owned by the City of Lubbock, Texas as a part of its elec- trical utility system, said cable to be used to computer terminals and crossing East Elm Street in the 1200 Block, said crossing extending from the northwest corner of Lot 1, Foundary Addition to the northeast corner of Lot 2, Arthur Addition, both of said additions being additions to the City of Lubbock, Lubbock bounty, 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 re- tairis 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 LI- CENSEE at 1230 Elm Avenue, P.O. Box 10101, Lubbock, Texas 79408 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 im provements 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 LICEN- SEE 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. Said compensation is refundable in whole or in part only at sole option of the CITY OF LUBBOCK in case of termination or cancellation of this license. 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. 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 construct- ed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reim- . burse 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 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 com- plete 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 LUB- BOCK, its agents, servants, and employees harmless from any and all. claims,'de mand, 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 con- struction or maintenance and use .permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to per- form 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 contrac- tor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction, 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 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 LI- CENSEE 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 LUB- BOCK 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, 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 it is permitted to use hereby and agrees to give peaceful pos- session of said property covered herein upon termination or cancellation of this li- cense. CITY OF LUBBOCK BY: BOY BASS, MAYOR. ATTEST: Treva Phillips, City Secretary -Treasurer AGREED TO AND ACCEPTED this day of 1977. LICENSEE: HALL FOUNDRIES AND MANUFACTURING, INC. BY: PRESIDENT APPROVED: Fred O. Senter, Jr., City Attorney 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 BOY 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 1977. 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 , PRESIDENT OF HALL FOUNDRIES AND MANUFACTURING, INC., a Corporation, 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 consideration therein expressed, and in the capacity therein stated as the act and deed of said Corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1977. Notary Public, Lubbock County, Texas