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HomeMy WebLinkAboutResolution - 041168B - Street Use License - H.C. Lewis - Portion Of Alley, Block 101 Overton Add - 04_11_1968KJ : 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 H. C. Lewis 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 Resolutim as if fully copied herein in detail. Passed by the City Council this llth ATTEST: - is Laj,enia Lowe, Ci ecretary- reasurer FORM APPROVED: Fred O. Senter, Jr., y orney STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 11 day of APR , 1868, between the City of Lubbock. Texas, a Horne Rule Municipality, herein- after called "CITY" and H. C. Lewis, hereinafter called "GRANTEE". WITNESSETH: Subject to the terms. conditions and provisions herein, the City of Lubbock, Texas, does hereby grant unto Grantee, its successors and assigns, the right, privileges and license to close the West 135 feet of the alley in Block 101, Overton Addition to the City of Lubbock, Lubbock County, Texas for the purpose of occupying such property during con- struction on the adjacent lot. 1. The term of this grant shall be for a period of ninety (80) days from the date of adoption hereof. 8. The grantee agrees to pay all costs arising out of the exercise of the license herein granted, including but not limited to the replacement and repairing of paving, sidewalks, and utilities of any nature cc casioned by the construction as authorized by this license. Grantee shall keep the street, alley and/or sidewalk over such underground construction in such condition and repair that At will be safe for use by the public and in a man- ner satisfactory to and approved by the City Engineer, and shall at all times comply with the ordinances of said City regulating the awe of space underneath streets, alleys, !,and sidewalks of said City. 3. In the event the City determines that the existence of such use inter- feres with or causes the re-routing or re -aligning of any public utility, fran- chised utility, or sanitary or storm sewer line constructed or to be constructed by the City or franchised utility, Grantee agrees to reimburse the City of Lub- bock, 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 Grantee's use herein. 4. This license is made subject to the condition that should the Grantee, his successors or assigns, exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein con- templated, under and across any and all of the above set out property, then and in that event said Grantee, his successors or assigns, will at all times defend, indemnify and otherwise bold the City of Lubbock, its agents. ser- vants 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 herein contemplated, and will further replace or repair any damage and pay in full all losses or expenses than the City of Lubbock may sustain, incur, or become liable for resulting in any manner from the con- struction, maintenance and use permitted herein. City, at its option, may require an agreement with any contractors hired by Grantee to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the City from and against all claims, liability. coat and expense growing out of the performance of the work to be done by such contractor. The City may further require such contractor to furnish, without expense to City, a reliable surety bond, in an amount and in the form satisfactory to said City. guaranteeing the faithful performance of all the terms, cove- nants and Cone tions contained in said agreement and a certified copy of a policy of public liability and property damage insurance within limits spec- ified by, and in a form satisfactory to, said C4, covering the contractual liability assumed by contractor in said agreement,with City.. b. At such time as this license should be cancelled or revoked for any reason, after the expiration of the primary term, the improvements that are permitted under this license shall be removed by the Grantee and the property restored to its original condition at no cost or expense to the City of Lubbock. In the event Grantee fails or refuses to remove such improvements after demand by City, the City shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against Grantee for which Grantee shall be liable.. B. 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 authorised agents and contractors of the parties hereto to the same extent and effect so the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the Grantee, his successors or assigns, shall be binding upon the City of Lubbock without the consent of the City of Lubbock. in each instance, 7. Grantee 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 Grantee 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 term- ination or cancellation of this license. CITY OF ATTEST: 'G,'. D. ROGEIRS, J , APPROVED: Laventa Lowe, City reta -Treasurer Fred O. Seater, Jr.. City Attorney AGREED TO AND ACCEPTED this day of _ , less. LICENSEE: H. C. Lewis THE STATE OF TEXAS f COUNTY OF LUBBOCK f BEFORE ME, the undersigned authority, a Notary Public in and for said County, Tes-as, on this day personally appeared W. D. Rogers, Jr., known to me to be the person whose lname 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 the capacity therein stated. GIVEN UNDER DIY HAND AND BEAL OF OFFICE this day of 1968. (SEAL) THE STATE OF TEXAS ! COUNTY OF LUBBOCK f Notary Public, Lubbock County, Texas BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared H. C. LEWIS, ,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 consider- ation therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of . 1968. ( SEAL) Notary Public, Lubbock County, Texas