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Home My WebLink AboutResolution - 2007-R0410 - Street Use License - Earthgrains Baking Companies Inc.- Loading Ramp - 09_13_2007Resolution No. 2007 RO410 September 13, 2007 Item No. 5.8 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 Agreement for a Street Use License for a loading ramp across a public street, by and between the City of Lubbock and EarthGrains Baking Companies, Inc., a Delaware Corporation, and related documents. Said Agreement 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. Passed by the City Council this 13th day of September , 2007. DAVID A. M LER, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: -1�� L- Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Linda L. Chamales Senior Attorney/Office Practice Section gs/ccdocs/Agrmnt-EarthGrains Baking Companies,lne.res 08/01 /07 Resolution No. 2007—RO410 STREI4 T USE LICENSE 'CEIF STA-1 E: Of= TFXAS KNOW AL.L..:�IFN BY 'THESE? PRESENTS: ('(K .N'LY OF L.UBBOCK. Flits I..icense matte tills 13th days of September , 2007. being the d.ttc ol' this Agreement between the CITY OF LUBBOCK, TEXAS. a Horne Rule MUI.Iticipal Corporation, and i!AX141CRAiNS BAKING COMPANIES, INC., a Delaware Corporation, hercina ter called `(.ICF SEE. %V11' ESSET1I: Subject to the terms, conditions, and prow-isions herein, the (:TUY OF I.,U13BOC.'K does hereby i rant to isle LICENSEE, the riight. privilege acid Licenseto use a portion ol'Averlue.] fora leading ramp alone an area described as follows: B (.i NNI:NG a distance of 159 I:eet North of the Southwest corner of Lot 47. Block 2, Duprce Additioll to the City of Lubbock, Lubbock County, 'I'exas; THFNC E West a distance of 8 feet 6 inches Loa point; I'VIENCL: North a distance ol'S feet to a point, .i.l IFNC'E East a distance oft; feet 6 inches to a point, Tl I1. NC South a distance of S 6ect to the POINT OF 13L:C:iLNNfNG. '1'lle terns of this license shall be lm five (5) years from date hereof', and shall be automatically extendcd for successive five (5) year tcnns not to exceed twenty (20) years in any event unless either party shall give written notice of tennination to the other panty before the Gx1.1lrattl0tl oI tllc fit -St. second or third five (5) year tern, as the cast:: may be, and the CITY OF LUBBOCK retains the fight at its election to cancel and revoke this License, with 01' Without cause. upon thirty (.30) days notice to LICENSEE. Said notice shall be deemed properly served if' deposited its the post office, postage paid, addressed to LICENSEE at 1950 Texas Avenue, fmbbock, Texas 79401, or the last known address of LICENSEE. 1. pon the expiration or cancellation and revocation of this License by the CITY OIL LUBBOCK, or the abandonment of this License by the LICENSEE, the inlprovetilents that are petinitted 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 LI('1 \S1`T Ialls or rvlus s to remove such improvements after demand by the CffY O1: I.l'13130(-K, the CTFY Ol' LUBBOCK shall take posscssion and remove or cause to be reillove:d such irrlprovenlents, and the expense incurred shall be assessed against LIC.'I:'_NSER, fbr which i.IC'E\SEE shall be liable. 1. LICLNSHT.' shall pay to the (ITIN OF LUBBOCK as compensation for such grant the stun of TWO HUNDRED III "CY AND 00 100 DOLLARS (.$250.00) cash its advatice cotlternporaneouSiy with the acceptance and execution hereof by LICENSEE for the; first live (5) year term of this License, and there7after such rate: of compensation may be changed for each Succeeding five (5:) year term by the (:TIN OF LUBBOCK to a rate of conlpeusation NvI ich is based oil procedures.}nd policies as established by the; City Council of tile. CITY OF 1-UrBBOCK, haslet oil .tat apprais-.tl ofdie Iair market value of such land by the Right -of -Way Dcllartment of the: CITY OF LUBBOCK- as applied to the f.orniula for determining Such. rate established by the City Council. If such rate is not changed by the C`i'I-Y OF I.JJBBOCK, the rate for the preceding five (5) year terju shall apply. The CiTY OF LUBBOCK shall notify the; LICENSEE' of any change in rates in writing ninety (90) days before the start sal the live (5) year ternn to which such change cal rate shall apply, and if such notiF.ication is not made. then the rate for the; preceding five (5) year terns shall apply. ' "]'he LICENSEE agrees to pay :all casts arising ou( of tile; exercise of* this License herein =4r:atited itleltuling, but rlat linnIC(l to. the cost of gleams) of allV tins llrtXardatts Substance, Or 011101, Material, the replacement and repair oil' slaving, sidewalks and utilities of any rUtttrc danw,_ d L►,, .1 result 01 tllc COI) tI'eiit1o11 authorized b", the License. In the ct-eni the CITY OF 1-1!BBOCK determines that the License herein granted :rater 1. :vs o� itli . r ciiuscs the reroutim, or rcali�,mment ofany public utility, €ranchised utility or s:initary or storm Seger line° constructed or io he constructed by the CITY OF LUBBOC b, or iianchisCd utility°. l.,ICF SET atgrces to reimburse the i.TI Y OF LUBBOCK or such utility, as the case may tic, i-or 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 transfcrithle by the LICENSEE without first receiving the I'm-,m conscm of the City Manager of the CITY OF I. L"BBOCK. This License is made subject to the condition that should the LICENSEE' exercise ari�� ri;altt under this Lice;rrse and prepare or begin or complete any part of the construction as ]tcrciia cant ratlzlatcd across ally or all of the ahlive described property, then and in that event, said LACESSE:;€ ,its successors and ashlers. rill at <tll time dcfind, indemnify and othem'se hold the i.'ITY 01: LUBBOCK, its a-. tints. scrvants and employees harmless from any and all claims, dentitnds, Wtion-s causes caf•itclioit artd suits at law or in equity of whatsoever kind or natut•e which rnil� yl'MV out of or be rehlted to the making, elf this L..iccnse or the carlstruction or maintenance use l)crrtaittCLI herein. The CITY OF LUBBOCK, at its option, may require an agreement with arty t:ottractors hirc,d hv LICENSEE to perfiurm the construction, repair or maintenance permitted herein, eehicli. ilLreement will indemnify the CITY OF LUBBOCK .from and against all cla lils, Iiahility. cast land expense growing out of the performance of the work to he clone by soda cunuaCturs, The CITY O1 Ll'BBC}C'K may further rccltiil'e any of saki contractors, when engaged ill the COnstructian, repair or maintenance permitted herein, to flmish, without expense to the CITY OF LUBBOCK. a reliable surety hond, in an amount and in it form satisfactory to the said CI IN OF LL13BOC:'K�>u.u�arttecin�� the faithful perlamtartce of all the terms, covenants and c:ml lrtioll, rontrrrticd ill ,aisl Qrttrl ,a certified copy of a policy of public liability Ira ur,lt?cc .t„11i;1stl h% said comr.moi-S in i121-:CttrcnT 'Aith iltc CITY OF €,tA33OCK. 'Th:. CCLY OF I.-1!i313C)C'K aL!rc.Cs LO Uive notice to LICENSFE prior to inCLirrin'?any casts or exhe-nscs A-)]-A-)]-t€tc 110tilffi.111 �sl- ane� such cliums or demands in order to give I. -I. E SFF a reasmiablc 0pla0rtLIM1V to settle Or adjust the sttnae: tr. T-lC"I NSr:I a��recs and is required to flumish a policy of public liability and property damage insurance; within lirttits specified by and in a form satisfactory to the City Attoriley liar the CITY OF l_L BBOC::'K., and which names tlae CITY OF LUBBOCK as the insured, said policy coycrirtg the itSCS hcrcin "ranted. 11601' tc� <mi construction as a€thoriteil by this license', the LICI:NS[, shall s=,thnait to tPtc City Eni'miccr plans and specifications 16r the construction to he done, and the L€C'ENSE-'E shall not commence construction until such playas land specilications are; approved by the City S. All of the covenants and provisions of this License shall he binding upon and inure to the bcncrflt af'thC successors, legal representatives, assigns and the duly authorized ii-ems and contractors of the parties hereto to the; same extent and effect as the sanie 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 ol'the (A f.Y OF 1111313t)CK in iasch instance, except its specified in numbered paragraph four (4). by the acceptance° oft1w uses perntitte.d herein, understands and agrees that n., interest, tint or ri"his ot'possessitrn arc intended oi• implied ext•c'pt those expressly set 1i61.111 lwrcin, and LICE.NSV'U, v,aiNcs any and all claims in and to the public way it is t3vr rrilti.xl to use 11erC11V Mid lQFCCs 10 gir"C peaceful possession or said property Covered herein Li}3t)ii teri11111:rtlOn Or e'itnC'Cllation of th15 license. No inter`C=St for real Property is Conveyed oi- "ranted by this License. CITY OF L.(..;'BBOCK T)�WID A. MIL_I-HR, MAYOR , FRa i ! t Si. t € J NSi- ;i.lRrktt;k.irV'.Sii;AKINO0)M4 ANIFN ATTEST: A;k Reber a Garza , City Secretary APPROVED AS TO CONTENT: Ddsa " Dave Booher, Right -of -tray Agent APPROVED AS TO FORM: Linda Chamales Senior Attorney/Office Practice AGREED TO AND ACCEPTED this 13th day of Septeattber 92007. EARTHGRAINS BAKING COMPANIES, INC., A Delaware Corporation By: ��-- 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 David A. Miller, 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 for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of -Z4 2007. Ca A 'WEBS Nolivry Pubric, Stale of TIUM ComtttiWw Eon 030 4MO THE STATE OFAI� i, § COUNTY OF Si: Vices, �. j Not Pu lic in and for the State of Texas My Commission Expires: 03- 40!-�LDLU BEFORE ME, the undersi authority, a Notary Public in and for said County and State, on this day personally appeared _!9,r"LCjL �,(\ i-'Ln - . L , 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 an act and deed of said Earthgrains Baking Companies, Inc. GIVEN UNDER NAY HAND AND SEAL OF OFFICE this _ �S day of 2007. TIFFANY SARAN GEMMEI.L No. PItb5c, Notwy Seal Not Pu is in and for the tate of ct Missoun Louis ices nty Ap M Commission Ex ices: N My Commission Expires April 14, 200� y � Commission # 05696272 4 C1t in t.,ic;zn es t*crt Ise �.ic-t irthi„it�itte d3 s lam; Componirs 05'-a V S112EFT USE LICENSE FA BAKING COMPANIES