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Home My WebLink AboutResolution - 2558 - Street Use License - DP Trammel - Canopy On Portions Of Main Street - 04_09_1987Resolution #2558 April .9, 1987 Agenda Item #19 JWF:dw 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 in favor of D. P. Trammel, d/b/a Lubbock Bail Bonds for a canopy above a portion of Wain Street, 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 9th day of April , 1987. B. C. MCMINN, MAYOR ATTEST: c, Ranette yd, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -Of -Tay Agent Ur A . Worth Fullingim, Assistant •ty Attorney Resolution #2558 STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 9th day of April , 1987, being the date of this Agreement, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and D. P. TRAMMEL D/B/A LUBBOCK BAIL BONDS, 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 a canopy above a portion of Main Street described as follows: Beginning at the Southwest corner of Lot 11, Block 105, Original Town Addition to the City of Lubbock, Lubbock County, Texas; THENCE 9 feet South; THENCE 50 feet East; THENCE 9 Feet North; THENCE 50 feet West to the Place 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 properly served if deposited in the post office, postage paid, addressed to LICENSEE at 808 Main 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 as- sessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compen- sation for such grant the sum of TWO HUNDRED FIFTY AND NO/100 ($250.00) DOLLARS cash in advance contemporaneously with 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. 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 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. 5. This license is not transferable by the LICENSEE with- out 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 con- struction 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 faith- ful performance of all the terms, covenants and conditions con- tained in said agreement and a certified copy of a policy of pub- lic 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 reason- able 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 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. 8. All of the covenants and provisions of this license he hi nAi nn iinr%n nnri i ntirc +-n +-hc honof; 4- ^-F +-k^ 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 termina- tion or cancellation of this license. CITY OF LUBBOCK BY: �`z�Ir Che B� C. MCMINN, MAYOR ATTEST: Ranette Boyd, City Secretar AGREED TO AND ACCEPTED this 9th day of April , 1987. LICENSEE: D. P. TRAMMEL D/B/A j LUBBOCK BAIL BONDS i BY:'%.. TRAMMEL APPROVED AS TO CONTENT: �L Ed Bucy, Right -Cif -Way Agent APPROVED AS TO FORM: J. Ci 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 gnvnra=mAA anti in f-hat 4-1,mv i n at -al -off 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 D. P. TRAMMEL who does business as Lubbock Bail Bonds, known to me to be the person whose name is subscribed to the foregoing instru- ment 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 , 1987. Notary Public, Lubbock County, Texas My Commission Expires: