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HomeMy WebLinkAboutResolution - 032976B - Street Use License - First Federal Savings And Loan Association - Original Town - 03_29_1976JWF/nh RESOLU710 v HE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK TIIAT the AUYor of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUE130CE a. STREET USE LICENSE in favor of FIRST FEDERAL 'SAVINGS AND LOAN ASSOCIATION OF LUBBOCK, Lubbock, Texas, attached here- with which shall be spread upon the Minutes of the Council. and as spread upon the 24nutes of this Council shall constitute and be a part of this Resolution as if fuUy copied herein in detail. Passed by time City Council this Zgthdap of 012 km IJAWF RCr MAW, MAYZ)-R ATTEST: reva Phillips, Ci Secretary -Treasurer APP:40V ED AS TO FORM: Fred O. Senter, Jr., City orney STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 2 y da� of MARCH 311976 between the CITY OF LUBBOCK, TEXAS, a Home Rule 111unicipal Corporation, and FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF LUBBOCK, Lubbock, Texas hereinafter called "LICENSEE." WITN ESS ETH: 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 building columns five (5) feet into the fourteen (14) foot sidewalk for a distance of seventy-eight (78) feet in and upon the following described portion of dedicated public street, to -wit: A Street Use License for a portion of the sidewalk on the North side of the Dunlap Building in Block 130, Original Town, an addition to the City of Lubbock, Lubbock County, Texas, said portion being more particularly described as follows: BEGINNING at a point at the intersection of the West prop- erty line of Avenue "L" and the South property line of Broadway; THENCE West along the South property line of Broadway a distance of 46. 00 feet to a point; THENCE worth a distance of 5. 00 feet to a point; THENCE West, along a line parallel to the South property line of Broadway, a distance of 78. 00 feet to a point; THENCE South a distance of 5. 00 feet to a point in the South property line of Broadway; THENCE East, along the South property line of Broadway, a distance of 124. 00 feet to the PLACE OF BEGINNING. Landscaping is also permitted along Broadway and Avenue L adjacent to the property being developed by permittee subject to detailed approval of the appropriate City staff officials and the City Council. - 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, address- ed to LICENSEE at 1120 14th Street, Lubbock, Texas or the 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 im- provements 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 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 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 realignment of any public utility, franchised utility, or sanitary or storm sewer line construct- ed 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 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 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, -mill 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 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 contractors hired by LICENSEE to perform the construction, repair or maintenance per- mitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the perform- ance 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 representative, assigns and the duly authorized agents and contractors of the parties hereto to the same -2- W 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 con- sent of the CITY OF LUBBOCK in each instance except as specified in Para- graph (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 term- ination or cancellation of this license. CITY OF LUBBOCK BY ROY BA MAYOR ATTEST: reva Phillips, Glfty Secretary -Treasurer AGREED TO AND ACCEPTED this APPROVED AS TO FORM: Fred O. Senter, Jr. City Attorney APPROVED: Wilford D. Watson, City Engineer day of 1976. LICENSEE: FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF LUBBOCK, LUBBOCK, TEXAS BY Robert A. Edwards, President 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, Mayor, known to me to be the person whose name is subscribed to the foregoing instrument and ac- knowledged 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 1976. ` (SEAL) Notary Public, Lubbock County, Texas