Loading...
HomeMy WebLinkAboutResolution - 154 - Street Use License - ASB - Undergound Comms System, Across Paris Ave - 05_10_1979JWF:hw RESOLUTION RESO #is4 - S/10 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 between the American State Bank and the City of Lubbock.to install an underground communications system across Paris Avenue,: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 loth day of May ,1979. —DIRK WEST, MAYOR ATTEST: vely affgay , City Secretar-Treasur^f APPROVED AS TO FORM: �^ J. Wor Fulllingim, Asst. City Atto ey TOM NIVENS, Right-of-way Agent 4-� 1 4� I C, , . TIED TO RESO #154 - 5/10/79 STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this IOth day of May , 1979, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and AMERICAN STATE BANK, Lubbock, 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 an underground communications system across Paris Avenue between Lot 11, Block 3, G. A. Rush Addition and Lot "C", G. A. Rush Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point in the East line of Lot 11, Block 3, G. A. Rush Addition, for the Southwest and beginning corner of this tract, whence the Southeast corner of Lot 11, Block 3 bears 52.25 feet; THENCE North along the East line of Lot 11, Block 3 and the West line of Paris Avenue at 6.08 feet pass the centerline of said easement, continuing for a total distance of 12.16 feet to a point, for the Northwest corner of this easement; THENCE North 89025'20" East 58.12 feet to a point in the East line of Paris Avenue and the West line of Lot "C", G. A. Rush Addition, for the Northeast corner of this tract, whence the Northwest corner of Lot "C", G. A. Rush Addition bears North 1°11'06" 392.50 feet; THENCE Southeasterly along the West line of Lot "C", G. A. Rush Addition, and along the arc of a curve to the left, an arc distance of 15.15 feet to a point, for the Southeast corner of this tract, said curve has a radius of 62.00 feet, a central angle of 14°13'58" and a chord that bears South 37°00'52" East 15.11 feet; THENCE South 89°25'20" West 67.22 feet to the PLACE OF BEGINNING. 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 1401 Avenue Q, 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 NINE HUNDRED EIGHTY -FIVE AND 40/100 ($985.40) 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, franchised utility, or sanitary or storm sewer line constructed or to be con- structed 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 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 contractor. The CITY OF LUBBOCK may further require such con- tractor, 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 con- ditions 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 Bt DIRK WEST, MAYOR ATTEST-:- .. For fvelyn 10 ffga, City ecreta y- rea ure AGREED TO AND ACCEPTED this 31 day of May , 1979. LICENSEE: R TATE BANK, LUBBOCK, TEXAS BY Weldon Gibbs Sr' PRESIDENT APPR VED AS TO CONTENT: • g Wil.7f&Kd atson, City Engineer APPROVED AS TO FORM: V&�z J. o th Fullingim, Asst. City Attor&y r ' v THE STATE OF TEXAS COUNTY OF LUBBOCK 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 OF7 4ICEthis day o1979. blic, ubbocl�County, Texas t Corcl'rcj�SS,o.J THE STATE -OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared Weldon Gibbs Sr. Vice , President of American State Bank, 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 bank. 1979. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 31 day of AAn.n,.A , Notary Public, Lubbock County, Texas AMERICAN STATE RANK WELDON OIBBS SENIOR VICE PRESIDENT LUBBOCK, TEXAS 79402 June 6, 1979 Mr. W. E. (Bill) Grisham City of Lubbock P.O. Box 2000 Lubbock, TX 79457 Dear Mr. Grisham: Enclosed please find our executed Street Use License and also the Certificate of Insurance. Thank you. Y rs truly, We do bbs WG/ce Encs. f -• ' FORM NO. TaMMO Effective TMP —CHANGE ENDORSEMENT January 1, 1975 This endorsement is made a part of Policy No. 46 TMP 103078 of the Hartford Casualty Company Name of Insurance Company and becomes effective on May 15, 1979 at — 1 2t 00 noon standard time at the location of the described property. (Dare) NameofInsured AmPriean States Finan ial Corporation atal Location of Premises and Occupancy Various loeatinns _ Bank & Offioec Policy Term _-3yrs., From 1 /14�78 To 1/_14/81 Windstorm & Hail Deductible $100 - 00 Other Deductible Clause (Large) applicable; (specify) It is agreed that: (a) The policy is amended as follows: THE CITY OF LUBBOCK, Lubbock, Texas is added as an additional assured under Section II, Liability and property damage protection, restricted to the work done under a Street Use License daged May 10, 1979 between the City of Lubbock and the American State Bank, Lubbock, Texas providing for the construction and easement on a communications underground system across Paris Avenue between the bank properties. (b) With respect to those coverages and kinds of property for which a specific limit of liability is shown, the limit of the Company's lia- bility shall he changed to read as stated in the Limits of Liability columns herein. Such limits are in lieu of the Limits of Liability stated in the policy and not in addition thereto. SECTION I —PROPERTY COVERAGE Coverage De'o�- Loc. No. Bldg. ldg No. LIMITS OF LIABILITY Old Rate New Rate PREMIUMS previous Limit New Limit Old Premium New Premium ❑ Addl ❑ Return $ $ $ $ $ SECTION H — LIABILITY COVERAGE Coverage Limits of Liability PREMIUMS Old Premium New Premium 0 Add7 ❑ Return C. Bodily Injury & Prop- erty Damage Liability $ each Occurrence $ Aggregate $ $ $ D. Premises Medical Payments $ each Person $ each Accident $ $ $ Thord Dockray Agency, By Prescribed by the State Board of Insurance Form TxMP-20, Effective January 1, 1975 NAME AND ADDRESS OF AGENCY Tnord Dock -ray 1651 Broadway Lubbock, Texas 79401 NAME AND, ADORES OF INSUR D American Late ank American fate financial Corporation P.O. Box 1401 Lubbock, Texas 79408 COMPANIES AFFORDING COVERAGES COMPANY LETTER Hartford Casualty Insurance Company COMPANY B LETTER COMPANY C LETTER COMPANY LETTER COMPANY LETTER E This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Limits of Liabilityin Thousands( COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACHRRENCE AGGREGATE OCCU GENERAL LIABILITY Booav INJURY s 500 s 500 © COMPREHENSIVE FORM A ® PREMISES —OPERATIONS PROPERTYDAMAGE s 100 s 100 ❑ EXPLOSION AND COLLAPSE 46 TMP 103078 1�14�81 HAZARD ❑ UNDERGROUND HAZARD ® PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ❑ CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS PERSONAL INJURY s ❑ PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ ❑ COMPREHENSIVE FORM BODILY INJURY $ ❑ (EACH ACCIDENT) OWNED PROPERTY DAMAGE $ ❑ HIRED BODILY INJURY AND ❑ NON -OWNED PROPERTY DAMAGE s COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE s S ❑ OTHERTHAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION STATUTORY and EMPLOYERS' LIABILITY $ (EEC N ACCIDfNi) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 1_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Lubbock DATE Lubbock, Texas 79401 TIED TO RESO #154 - 5/10/79 STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK This indenture made this loth day of May , 1979, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and AMERICAN STATE BANK, Lubbock, 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 an underground communications system across Paris Avenue between Lot 11, Block 3, G. A. Rush Addition and Lot "C", G. A. Rush Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point in the East line of Lot 11, Block 3, G. A. Rush Addition, for the Southwest and beginning corner of this tract, whence the Southeast corner of Lot 11, Block 3 bears 52.25 feet; THENCE North along the East line of Lot 11, Block 3 and the West line of Paris Avenue at 6.08 feet pass the centerline of said easement, continuing for a total distance of 12.16 feet to a point, for the Northwest corner of this easement; THENCE North 89°25'20" East 58.12 feet to a point in the East line of Paris Avenue and the West line of Lot "C", G. A. Rush Addition, for the Northeast corner of this tract, whence the Northwest corner of Lot "C", G. A. Rush Addition bears North 1°11'06" 392.50 feet; THENCE Southeasterly along the West line of Lot "C", G. A. Rush Addition, and along the arc of a curve to the left, an arc distance of 15.15 feet to a point, for the Southeast corner of this tract, said curve has a radius of 62.00 feet, a central angle of 14°13'58" and a chord that bears South 37°00'52" East 15.11 feet; THENCE South 89°25'20" West 67.22 feet to the PLACE OF BEGINNING. 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 1401 Avenue Q, 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 NINE HUNDRED EIGHTY -FIVE AND 40/100 ($985.40) 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, franchised utility, or sanitary or storm sewer line constructed or to be con- structed 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 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 contractor. The CITY OF LUBBOCK may further require such con- tractor, when engaged in the construction, repair or maintenance permitted 1--in rn furnish. without expense to the CITY OF LUBBOCK, a reliable surety 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 ` r - BY AANt- DYRK WEST, MAYOR ATTEST: - For--Fvelyn40affga, Ci Secre ar-Treasu `r AGREED TO AND ACCEPTED this 31 day of May , 1979. LICENSEE: AMERICAN STATE BANK, LUBBOCK, TEXAS BY /s/ Weldon Gibbs Weldon Gibbs, Sr. PRESIDENT APPROVED AS TO CONTENT: Wilf6K,d atson, City Engineer APPROVED AS/?TO FORM: J. o th Fullingim, Asst. City Attor&Y v v 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of NINE HUNDRED EIGHTY -FIVE AND 40/100 ($985.40) 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, franchised utility, or sanitary or storm sewer line constructed or to be con- structed 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'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 contractor. The CITY OF LUBBOCK may further require such con- tractor, 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 con- ditions 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).