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HomeMy WebLinkAboutResolution - 1099 - Street Use License - Lubbock National Bank - Facilities Expansion, L6 Blk104 OT - 05_13_198213 �gg2.. RESOLUTION 1099, 5/13/82 JWF:js 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 di- rected to execute for and on behalf of the City of Lubbock a Street Use License between the City of Lubbock and Lubbock National Bank of Lubbock, Texas attach- ed 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 13th day of May , 1982. ALAN-HENRY, 'MAYOR PIjfd"TEM ATTEST: �L�Z'5 Evelyn Ga fga, City S c y-Treasurer APPROVED AS TO CONTENT: Tom Nivens, Right of Way Agent APPROVED AS TO FORM: / r J. Uthwfutlingim, Asst. City ttorney RESOLUTION 1099, 5/13/ 82 7 �Tv orr IrTARY-TREAS0RER STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 13th day of May 1982, being the date of this Agreement between t e CITY OF LUBBOCK, TEXAS, a Home Rule.Municipal Corporation, and LUBBOCK NATIONAL BANK OF 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 - wit: a portion of Texas Avenue underneath the sidewalk thereof for expansion of its banking facilities classified as a subsur- face use at the following location: BEGINNING at a point which is the Northwest corner of Lot 6, Block 104, Original Town of the City of Lubbock, Lubbock County, Texas; THENCE West 12.5 feet to a point; THENCE North 66.5 feet to a point; THENCE East 12.5 feet to a point; THENCE South 66.5 feet to the POINT OF BEGINNING. 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 un- less either party shall give written notice of termination to the other party sixty (60) days 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 pro- perly served if deposited in the post office, postage paid, addressed to LICENSEE at Lubbock National Bank Building, Lubbock, Texas 79401 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. 1. LICENSEE shall pay to the CITY OF LUBBOCK as a compen- sation for such grant the sum of EIGHT HUNDRED FORTY-SEVEN AND 87/100 ($847.87) DOLLARS 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 be not timely 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 limit- ed to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as autho- rized by this license. 3. 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 sani- tary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reim- burse 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. 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 the license herein granted and prepare or begin or complete any part of the construc- tion 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 contractor, when engaged in the construction, repair or mainte- nance 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 conditions 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. 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 con- tractors 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 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 use hereby and agrees to give peaceful possession of said property covered herein upon termi- nation or cancellation of this license. CITY OF FHENRY BY ALAN , PRO TEM ATTEST: / C E e yn ga, Ci y etary-Treasurer AGREED TO AND ACCEPTED this 19th day of May , 1982. LICENSEE: LUBBOCK NATIONAL BANK OF LUBBOCK, TEXAS BY Da i Co ier, si ent APROVED AS TO CONTENT: cm, Z 6j Lc-, -mil ' Don JJ ihnings/City Engineer APPROVED AS TO FORM: r J. 7u ingim, Asst. orney THE STATE OF TEXAS § COUNTY OF LUBBOCK S BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared ALAN HENRY, Mayor Pro: Tem, 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 ER MY HAND AND SEAL OF OFFICE this % day of 1982. Notary -Public, Lubbock County, Texas y 0�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 DAVID COLLIER, President of LUBBOCK NATIONAL BANK OF LUBBOCK, TEXAS, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 19th day of. May , 1982. Not y Pu iT, -M-bbock County, Texas