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Home My WebLink AboutResolution - 2004-R0568 - Easement Use License For A Covered Parking Area - MD Investments - 12_07_2004Resolution No. 2004—RO568 December 7, 2004 Item No. 18 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, an Easement Use License for a covered parking area by and between the City of Lubbock and MD Investments, and related documents. Said License is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. assed by the City Council this 7th day of December , 2004. ARC D G , MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Linda Chamales Senior Attorney/Office Practice Section gs/ccdocs/EasementUseLic-MD Investments.res Nov 9, 2004 Resolution No. 2004-R0568 December 7, 2004 EASEMENT USE LICENSE Item No. 18 THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 7th day of December 2004, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and MD Investments, a Texas general partnership, 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 a dedicated underground utility easement, for an above ground covered parking area, and being further described as the west five (5) feet of Tract B-1, Westwood Addition to the City of Lubbock, Lubbock County Texas. The term of this grant 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 5102 29`s Drive, Suite A, 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. Since LICENSEE is the dedicator of the easement herein concerned, no charge for the use of said easement is made by the CITY OF LUBBOCK in connection herewith. 2. 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 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. In the event the City of Lubbock determines that the maintenance, repair, or replacement of the utility in the described license area is necessary, Licensee will be responsible for any and all relocation and replacement of improvements from the described license area at Licensee's sole cost. 4. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. S. 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 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 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 famish, 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 famish 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 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 numbered paragraph four (4). 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 sue hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK BY: ATTEST: q/\ Re ec� ca Garza, City Secretary APPROVED A/S/ TO CONTENT: Ed Bucy, Right-of-Wa Agent APPROVED AS TO FORM: MAYOR Linda Chamales Senior Attomey/Office Practice AGREED TO AND ACCEPTED this Zff day of / 6-' m , 2004. MD INVESTMENTS, a Texas eneral partnership i BY: l . ea David L. Teague, Partn EASEMENT USE LICENSE MD INVESTMENTS 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 Marc McDougal, Mayor 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 as the act and deed of the CITY OF LUBBOCK and as its MAYOR for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this g — day of �[JPC e m b'e-r , 2004. CELIA WEBB . Notary Public, State of Tex= Mr Commission Expire 03-01-2006 THE STATE OF TEXAS COUNTY OF LUBBOCK Notary Niblic, Lubbock County, Texas My Commission Expires: 03 - 0l - '.1p06 BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared David L. Teague, 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 stated and as partner for MD Investments. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /%>y day of 2004. p Notary Pu c, Lubbock County, Texas DAVY M.BOOHER I •• Notary Public, State of Texas My Commission Expires: 42 -/L- 4 6 *Commission Expires ' 12-16-2006 gs:/cityatdGeorgia/Licenses/EUL-MD Investments Nov. 9, 2004 EASEMENT USE LICENSE MD INVESTMENTS