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Home My WebLink AboutResolution - 072778J - Street Use License -Hemphill Wells & Company -Original Town Of COL - 07_27_1978JWF:yb 78-37-238-637 (37) RESOLUTION 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 in ''favor of IM PHILL-WELLS AND COMPANY, A Texas Corporation, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Counci. shall constitute and be a part of this Resolution as if fully copied herein i.i aetai, Passed by the City Council this 27tbday of July , 1918. D WEST, MAYOR ATTEST: Evelyn-Gaffga, City Secret ry-Treasurer APPR=D AS TO FORM: Fred 0. Senter, Jr., C' ttorney STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK 12M, This indenture made this 27thday of July 1978, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and HEMPHILL-WELLS AND COMPANY, a Texas Corporation, Lubbock County, Texas, hereinafter 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 construct and maintain planter boxes in the Parkway adjacent to Block 149, Original Town of the City of Lubbock, Lubbock County, texas, as follows: (1) The West 4.00 feet of the West Parkway of Block 149. (2) The North 4.00 feet of the North Parkway of Lot 1, Block 149. Section 28-10 of the Lubbock City Code shall be complied with and is agreed to by Licensee. 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 13th Street and Avenue J, Lubbock, Texas 79401, 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 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 TWO HUNDRED AND NO/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 rerouting or realignment of any public utility, fran- chised 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 LICEN!�LE 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 a<ocnts, 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 construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agree- ment 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 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 satis- factory 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 representatives, 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 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 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� MA R ; -- A T:� Ev lyn Ga a, City S c -at y--TTjrea surer AGREED WAND ACCEPTED this / DD��t day of , 1978. LICENSEE. HEMPHILL- L�DPANY BY ii:.liylfl PRESIDENT APPRQVED AS TO FORM: Fred 0. Senter, Jr., C i ty '�teorney APPRO D. WiIfor Wa son," City Engineer THE STATE OF TEXAS X COUNTY OF LUBBOCK X BEFORE ME, thefundersigned authority, a Notary Public In and for said County, Texas on this day personally appeared DIRK WEST, Mayor, 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, f�J " GIVEN UNDER MY HAND AND SEAL OF OFFICE this��— day of 1978. l Notar Public, Lubbock County, exas THE�tTATFl `bl; TEXAS X COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a NotaryPublic•in and for said County, Texas on this day personally appeared President of Hemphill -Wells and Company, A Texas 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. A.GIVEN UNDER MY HAND AND SEAL OF OFFICE this /� day of�,,, Notary Public, Lubbock County, Texas