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Home My WebLink AboutResolution - 3417 - Street Use License - JR Austin & Doug Corley - 2 Tracts, Lot 65, TE II Addition - 07_12_1990Resolution #.3417 July 12, 1990 Item #9 :js RESOLUTION 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 Agreement between the City of Lubbock and J. R. Austin and Doug Corley, 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. sed by the City Council this 12th day of July , 1990. r c I N, MAYOR ATTEST: ane to Boyd, City Secre4ary APPROVED AS TO CONTENT: c� %-, Ed—gu`cy, Rig t-o ay Agent APPROVED AS TO FORM: �� aro i al rd, Assistant Dity Attorney x, (Z3417 HW:js STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 12th day of July , 1990, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and J. R. AUSTIN and DOUG CORLEY, Lubbock County, Texas, hereinafter called "LICENSEES." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEES, the right, privilege and license to use portions of dedicated streets, to -wit: TRACT 1 BEGINNING at the Southeast corner of Lot 65, Terra Estates II Addition to the City of Lubbock, Lubbock County, Texas; THENCE South a distance of 56.00 feet; THENCE West a distance of 2.00 feet; THENCE North a distance of 56.00 feet; THENCE East a distance of 2.00 feet to the POINT OF BEGINNING. TRACT 2 BEGINNING at the Southeast corner of Lot 65, Terra Estates II Addition to the City of Lubbock, Lubbock County, Texas; THENCE East a distance of 56.00 feet; THENCE North a distance of 2,00 feet; THENCE West a distance of 56.00 feet; THENCE South a distance of 2.00 feet to the POINT OF BEGIN- NING. 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 notice to LICENSEES. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEES at 8104 West 19th Street, Lubbock, Texas, 79407, or the last known address of LICENSEES. Upon the expiration or cancellation and revocation of this license by the CITY OF LUBBOCK, or the abandonment of this license by the LICENSEES, the improvements that are permitted under this license shall be removed by the LICENSEES and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEES fail or refuse 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 LICENSEES, for which LICENSEES shall be liable. 1. Since LICENSEES are the dedicators of the streets herein concerned, no charge for the use of said streets shall be made by the CITY OF LUBBOCK in connection with this license. 2. The LICENSEES agree 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, LICENSEES agree to reimburse the CITY OF LUBBOCK or such utility, as the case may be, for its ex- pense in relocating or rerouting over and above the expense which would have been incurred except for LICENSEES' use herein. 4. This license is not transferable by the LICENSEES or either 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 LICENSEES exercise any right under this license and prepare or begin or complete any part of the construction as herein contem- plated across any or all of the above described property, then and in that event said LICENSEES, their heirs, 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, 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 main- tenance use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEES 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 perfor- mance 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 furnish, 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 certi- fied 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 LICENSEES prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEES a reasonable opportunity to settle or adjust the same. 6. LICENSEES agree and are required to furnish a policy of public liability and property damage insurance within limits spe- cified by and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the in- sured, 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 heirs, successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as - 2 - the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEES, their heirs, successors or 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. LICENSEES, by the acceptance of the uses permitted herein, understand and agree that no interest, title or rights of possession are intended or implied except those expressly set forth herein, and LICENSEES waive any and all claims in and to the public way they are permitted to use hereby and agree to give peaceful possession of said property covered herein upon termination or can- cellation of this license. CITY OF LUBBOCK B. C. McMINN, MAYOR ATTEST: Ran tte Boyd, City cretary AGREED TO AND ACCEPTED this _ day of , 1990. APPROVED AS TO CONTENT: Ed Bucy, Rig -of-Way Agent APPROVED AS TO FORM: Harold Willard, Assistant City Attorney LICENSEES: DOUG C LEY - 3 - 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 B. C. McMINN, MAYOR, known to me to be the person whose name is sub- scribed 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 OF OFFICE this 12th day of July , 1990. Nota y Public in and for the State of Texas 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 J. R. AUSTIN, 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 17 day of 1990. Notary Public in and for the State of Texas wnkt 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 DOUG CORLEY, 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 _-j day of 19 S 0 . Notary Public in and for - o y CnAc,, the State of Texas - 4 -