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HomeMy WebLinkAboutResolution - 2005-R0246 - Street Use License - Mcdougal Companies - Street Lamp Banners - 06/09/2005Resolution No. 2005-RO2416 June 9, 2005 Item 47 RESOLUTION WHEREAS, the property bordered on three sides by Glenna Goodacre Boulevard from just east of University Avenue to Avenue X; Mac Davis Lane from just east of University Avenue to Avenue X; and Avenue X between Mac Davis Lane and GIenna Goodacre Boulevard is situated in Overton Park, a mixed use community with unique character and ambiance built around pedestrian friendly streets; and WHEREAS, in keeping with the New Urbanism design, the buildings on this property are located close to the property lines with limited space for free standing signs on premises; and WHEREAS, in this unique situation it is in the best interest of the citizens to allow banners with identification of the property in the public right of way for beautification and in order to assist the public in locating the facility; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tern 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 with associated documents with McDougal Companies for street lamp banners with lettering identifying the adjacent business. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 7 v r) ��� / Ed Bucy, Right -of -Way ALVent to TOM MARTIN, MAYOR PRO TEM 2005. APPROVED AS TO FORM: �Linda Chamales, Senior Attorney Office Practice Section 1c/ccdoes/McDougal Companies.res June 3, 2005 Resolution No. 2005-RO246 STREET USE LICENSE THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK This License made this 9th day of June , 2005, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and McDOUGAL COMPANIES, 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 portions of three dedicated streets for street light signage banners, and being further described as follows: Glenna Goodacre Boulevard from just east of University Avenue to Avenue X; Mac Davis Lane from just east of University Avenue to Avenue X; Avenue X between Mac Davis Lane and Glenna Goodacre Boulevard. The term of this License shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years in any event unless either party shall give written notice of termination to the other party before the expiration of the first, second or third five (5) year term, as the case may be, 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 7008 Salem Avenue, Lubbock, Texas 79424, or the last known address of LICENSEE. Upon the expiration or cancellation and revocation of this License by the CITY OF LUBBOCK, or the abandonment of this 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 take 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. 1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of TWO HUNDRED FIFTY AND 00/100 DOLLARS ($250.00) cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this License, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK, based on an appraisal of the fair market value of such land by the Right -of -Way Department of the CITY OF LUBBOCK, as applied to the formula for determining such rate established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in writing ninety (90) days before the start of the five (5) year term to which such change in rate shall apply, and if such notification is not made, then the rate for the preceding five (5) year term shall apply. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this License herein granted including, but not limited to, the cost of cleanup of any oil, hazardous substance, or other material, the replacement and repair of paving, sidewalks and utilities of any nature damaged as a result of the construction authorized by the License. 3. In the event the CITY OF LUBBOCK determines that the License herein granted interferes with or causes the rerouting or realignment 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 in relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. 4. This license is not transferable by the LICENSEE without first receiving 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 this License and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above described property, then and in that event, said LICENSEE, its successors and assigns, will at all time 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 and 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 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 permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractors. The CITY OF LUBBOCK may further require any of said contractors, 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 a 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 insurance assumed by said contractors 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. 6. 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. 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 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 or assigns shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph five (5). 8. 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. No interest for real property is conveyed or granted by this License. CITY OF LUBBOCK By: �, TOM MARTIN, MAYOR PRO TEM STREET USE LICENSE McDOUGAL COMPANIES ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way gent APPROVED AS TO FORM: Linda Chamales Senior Attorney/Office Practice AGREED TO AND ACCEPTED this 9th day of .Tune , 2005. McDOUGAL COMPANIES DELBERT G. .. . THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Tom Martin, Mayor Pro Tem of the City of Lubbock, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13 day of Notary Public in and for the State of Texas My Commission Expires: 02. 04-© G THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Delbert G. McDougal., 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 as act and deed of said McDougal Companies.. � }TEN UNDER MY HAND AND SEAL OV OFFICE this day of / , 2005. Y' ANGEIA D. TAYLOR NoUq Pubic, State oiTexas ; MycwvksionWros Notary ubl c in and fbes�—/ ate of Tex n ,IANUARY 30, 2008 My Co sion Expi,%-jQ -Q( gs/Cityatt/Georgia/Licenses/Street Use Lic-McDougal Companies May 24, 2005 STREET USE LICENSE MCDOUGAL COMPANIES City of bbock TEXAS May 6, 2016 McDougal Companies 7008 Salem Lubbock, Texas 79424 RE: Transfer of Street Use License (the "Permit") (Resolution No.2005-R0246) Dear McDougal Companies: You have communicated to the City of Lubbock that you desire to assign the above mentioned Permit to EDR Trust. According to Section (4) of the Permit issued on June 9, 2005, to McDougal Companies, a copy of which is attached for your convenience, McDougal Companies, must receive "written consent' from the City Manager of the City of Lubbock prior to transferring this Street Use License. Please note that all covenants and provisions of the Permit, as per Section (7), are binding upon successors and assigns. By its execution below, the undersigned parry executing on behalf of McDougal Companies, warrants its authority to do so, and EDR Trust acknowledges such obligation. Subject to McDougal Companies acknowledgement, permission to transfer the permit is granted. Thank you for your inquiry on this matter and if we can be of additional service, please feel free to call Dave Boo r, Right -of -Way Agent at 806-775-2352. Sinter ly, es . Loomis City anager AGREED AND ACCEPTED: By: McDougal Companies Cc: Dave Booher, Right -of -Way Agent Rebecca Garza, City Secretary AGREED AND -ACCEPTED: By: / " / -4 EDR Xmq4 MAxAc9*,o,v-r tNc . Print: PIA TT /l.,,Cft1 Luc rV A/ l'itic: AIV:a` (/i ce- tcf•/�sN��L o f tT.4�s'��'f d i2 A7/q NA ff.�t�iv� A'Mc , P.O. Box 2000 1625 13th Street Lubbock, TX 79457 806.775.2000 Citizen Call Center: 3-1-1 www.mylubbock.us