HomeMy WebLinkAboutResolution - 072778K - Street Use License - John Knox Village Of West TX Inc - 07_27_1978JWF: b 78-37-239-636 (36)
o RESOLUTION O E
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 JOHN KNOX VILLAGE OF WEST TEXAS, INC., a non-profit Texas
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 Resolution as if fully copied herein in detail.
Passed by the City Council. this 27thday of July , 1978.
DIRK WEST, MAYOR
ATTEST:
Evelyn G fga, City Se re a -Treasurer
APPROVED AS TO FORM:
O. Senter, 'Jr. , C
f1' STREET USE LICENSE .. I
THE STATE OF TEXAS X "
COUNTY OF LUBBOCK X
This indenture made this .27th day of July , .I978, between the
CITY OF LUBBOCK, TEXAS, a HomeRue.Municipal Corporafion, and JOHN KNOX VILLAGE
OF WEST TEXAS, INC., a Texas non-profit 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 two underground 11 inch communication
system conduits buried at a minimum depth of 2 feet below street level at the follow-
ing locations in the CITY OF LUBBOCK, Lubbock County, Texas, to wit:'
(1.) approximately 60.0 feet north of 17th Street across Norfolk Avenue.
(2.) approximately 150.00 feet west of Norfolk Avenue across l7th Street.
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 4101-A 17th 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 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 NOP OO ($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 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, 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 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
CT��d OAUV*
BY
UM WEST, MAYOR
ATTEST:
ZL
Evelyn Gaffga, City Secret y-Treasurer
AGREED TO AND ACCEPTED this day of , 1978.
j LICENS E-
JOHN KNOX VILLAGE OF
WEST TEXAS, INC.
,ADM1N'iSTRATOR
APPROVED AS�TOFORM:
Tred-4. Senter, Jr., City Kttorney
APPRO JD:
IIfo W tson, y Engineer
41 -\
Y Y
THE.STATE OF TEXAS:
COUNTY OF LUBBOCK x
BEFORE ME, the undersigned.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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2r'"_ day.of
1978.
Nota y Public, Lubbock Count/I, TeXas
THE STATE OF TEXAS X
COUNTY OF LUBBOCK X
BEFORE ME, the undersigned authority a Notary Public in and for said County,
Texas on this day personally appeared IjL- :, , Administrator of John
Knox Village of West Texas, Inc., a non-profit 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 thi s_-dday of
1978.
No ry Pub ic, Lubbock County, Texas
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