Loading...
HomeMy WebLinkAboutResolution - 072276N - Public Utility Easement Use License - Old Glory Co - Safeway Addition - 07_22_19761 RESOLUTION OMX& Al II 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 Public Utility Easement Use License in favor of OLD GLORY CORPORATION, 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 Resolu- tion as if fully copied herein in detail. Passed by the City Council this 22nd day of July , 1976. ROY BASS; MAYOR ATTEST: � r � Treva Phillips, C' Secretary -Treasurer APPROVED AS PUBLIC UTILITY EASEMENT USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK THIS indenture made this 22nd day of July, 1976, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation and OLD GLORY CORPORATION, a Texas Corporation, hereinafter called "LICENSEE. " WITNESSETH: For and in consideration of the sum of ONE AND NOJ 100 ($1.00) DOLLARS 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 Public Utility Easement to maintain; A four foot encroachment on said dedicated Public Utility Easement where the cantilevered second floor at the rear of the Hilton Inn overhangs said easement in Lot 3, Safe- way Addition to the City of Lubbock, Lubbock County, Texas, and being more particularly described as follows: 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 Hilton Inn, Lubbock, Texas or to last known ad- dress 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 over- hangs 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 ex- pense 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 re- moved such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, but no fee is charged for the use of said portion of public utility easement. 3. In the event the CITY OF LUBBOCK determines that the existence of such uses interfere with or cause the re-routing or re-alighment 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 receiv- ing 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 then and in that event said LICENSEE, its successors 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 whatsoever kind or nature which may grow out of or be related to the making of this license or the maintenance and use of the over- hangs permitted herein above and/or upon said portion of public utility ease- ment. 6. LICENSEE agrees at any time required to by the City Manager of the CITY OF LUBBOCK 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. 7. 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 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 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 he is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or tP cancellati? n f this license. / CITY OF LUBBOCK r BY Dud�w ROYSAP39, MAYOR ATTEST-.. Treva Phillips, City S cretary-Treasurer APPROVED A TO FORM: red O, genter, Jr. ity Attorney -AP P OVED• a Vilfol,dylh. Wats`on, City Engineer AGREED TO AND ACCEPTED this 22nd day of July 1976 OLD GLORY CORPORATION BY PRESIDENT ATTEST: Secretary (SEAL) 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 thisday of t 1976. (SEAL) 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 said OLD GLORY 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 express- ed, and in the capacity hereinabove stated as the act and deed of said Corp- oration. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1976. (SEAL) Notary Public, Lubbock County, Texas