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HomeMy WebLinkAboutResolution - 1215 - Street Use License - LISD - Parking Area, Erskine St Between N Hartford & N Gary - 09_23_1982RESOLUTION 1215 - 9/23/82 She J JWF/mck RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said City a Street Use License in favor of Lubbock Independent School District, attached herewith which shall be spread upon the minutes of the City Council and as spread upon the minutes of the City Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day pf.---Te3tembqA 1 1982. BILL McALISTER, MAYOR ATTEST: it Edelyn Ga€fga; City Wc" ,4 —Treasurer APPROVED AS TO CONTENT: Don Je,*Iiings,Aity Engineer APPROVED AS TO FORM: J. Worth llingim, Asst. City Attor RESOLUTION 1215 - 9/23/82 ('lrV SFCRETARY-TREASURER STREET USE LICENSE THE STATE OF TEXAS 6 COUNTY OF LUBBOCK I This indenture made this 23rd day of September , 1982, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and LUBBOCK INDEPENDENT SCHOOL DISTRICT, a body politic and corporate, 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 a parking area for vehicles to be parked at 45 degree angles at the following location: The Right -of -Way on Erskine Street between North Hartford and North Gary Avenues which is described more particularly as follows: BEGINNING at a point which bears 77.25 feet East of the Southeast corner of Lot 11, Block 2, Frank A. White Addition to the City of Lubbock, Texas, said point being 17.75 feet East of the Southwest corner of the George Wolffarth School Tract, and also being in the North Right -of -Way line of Erskine Street; THENCE East along the North'Right-of-Way line of Erskine Street a distance of 352.00 feet to a point; THENCE South 15.00 feet to a point; THENCE West 352.00 feet to a point; THENCE North 15.00 feet to the point of BEGINNING. Contains 5,280 square feet or.0.121 acres. At the locations where curb and gutter improvements are or will be torn out by LICENSEE to allow entry to the parking area, LICENSEE shall construct at its expense, a concrete 30 inch gutter, and LICENSEE shall notify the City Engineer of the City of Lubbock at the commencement of such construction in order that the City Engineer can inspect such construction and make such require- ments as are necessary to affect compliance with all applicable ordinances, resolutions and regulations of the City of Lubbock which are applicable or become applicable to such construction. 1. 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 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 properly served if deposited in the post office, postage paid, addressed to LICENSEE at 1628 19th Street, 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. 4 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of FOUR HUNDRED FORTY EIGHT AND 80/100 ($448.80) 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 pre- ceding five (5) year term shall apply. 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 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 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 contractor, 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 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. ICENSEE agrees and is required to furnish a policy of publi and property damage within limi an in a form satis- factory to the or t e and which names the CITY CK as the insured, said policy covering the uses herein 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 the7CITY 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 coveredherein upon termination or cancellation of this license. CITY OF LUBB BY B L McALISTER, MAYOR ATTEST•. _- - elyn Ga ga,-City ary-Treasurer AGREED TO AND ACCEPTED this Lf day of November 1982. LICENSEE: LUBBOCK INDEPENDENT SCHOOL DISTRICT BY- MONTE HASIE President of its Board of Trustees APPROVED AS TO CONTENT: Don J nings, ity Engineer APPROVED AS TO FORM: 414A J. th Fullingim, Asst. C Vy Attorney. THE STATE OF TEXAS 5 COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared BILL McALISTER, 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. GiuEN U1dDER MY HAND AND SEAL OF OFFICE this L day of , 198T: Notary Public, Lubbock County, rTexas 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 MONTE HASIE, President of the Board of"Tru tees of Lubbock Independent School District, known to me to be the per son.:ybosgrh_ame is subscribed to the foregoing instrument and acknowledged to me'_that he e�?ecuted the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of.said Lubbock Independent School District.,- GIVEN UNDER MY HAND AND SEAL OF OFFICE this 18th day of November 1982. Frances Wilso Notary Public, Lubbock County, Texas