The URL can be used to link to this page

Home My WebLink AboutResolution - 2569 - Street & Alley Use License Agreement - CESC - L18 B159, Original Town Addition - 05_14_1987Resolution #2569 May 14, 1987 Agenda Item #16 HW: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 directed to execute for and on behalf of the City of Lubbock a Street and Alley Use License Agreement with Commodity Exchange Services Company, at- tached 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 14th day of May , 1987. -B. C. MCMIN , MAYDR ATTEST: I Ranette Boyd, CitX ' cretary APPROVED AS TO CONTENT: ,�Q�• 6� Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Harold Willard, Assistant City Attorney Resolution #2569 STREET AND ALLEY USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this / 9 +c, day of 1986, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and COMMODITY EXCHANGE SERVICES COMPANY, a Texas Corporation, 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 streets and alleys, to -wit: TRACT 1 BEGINNING at the Southwest corner of Lot 18, Block 149, Original Town Addition to the City of Lubbock; THENCE West a distance of 2 M feet to a point; THENCE South a distance of 182.00 feet down the North -South alley of Block 149 to a point; THENCE continuing South a distance of 75.00 feet across 14th Street to a point a distance of 2.50 feet West of the North- west corner of Lot 20, Block 165, Original Town Addition to the City of Lubbock; THENCE continuing South a distance of 260.00 feet to a point; THENCE South a distance of 75.00 feet across 15th Street to a point a distance of 2.50 feet West of the Northwest corner of Lot 20, Block 181, original Town Addition to the City of Lubbock; THENCE continuing South a distance of 260.00 feet down the North -South alley of Block 181 to a point; THENCE South a distance of 75.00 feet across 16th Street to a point a distance of 2.50 feet West of the Northwest corner of Lot 20, Block 197, Original Town Addition to the City of Lubbock; THENCE continuing South a distance of 182.00 feet to a point a distance of 2.50 feet West of the Southwest corner of Lot 14, Block 197, Original Town Addition to the City of Lubbock, said point being the Southwest corner of this Tract; THENCE a distance of .50 feet East for the Southeast corner of this Tract; THENCE North a distance of 1109.00 feet to a point a dis- tance of 2.00 feet West of the Southwest corner of Lot 18, Block 149, Original Town Addition to the City of Lubbock for the Northeast corner of this Tract. TRACT 2 BEGINNING at the Southeast corner of Lot 3, Block 165, Orig- inal Town Addition to the City of Lubbock; THENCE East a distance of 18.00 feet to a point for the - Southeast corner of this Tract; _ THENCE North a distance of .50 feet to a point for the Northeast corner of this Tract; THENCE West a distance of 18.00 feet to a point for the Northwest corner of this Tract; THENCE South a distance of .50 feet to a point for the Southwest corner of this Tract; TRACT 3 BEGINNING at the Northwest corner of Lot 20, Block 197, Original Town Addition to the City of Lubbock; THENCE North a distance of 2.50 feet to a point, said point being in the South R.O.W of 16th Street;_ THENCE East a distance of 340.00 feet to a point, said point being 2.50 feet from the North side of Lot 1, Block 198, Original Town Addition to the City of Lubbock; THENCE North a distance of 72.50 feet across 16th Street to a point in the South side of Lot 10, Block 182, Original Town Addition to the City ofL Lubbock; THENCE East a distance of .50 feet to a point; THENCE South a distance of 73.00 feet across 16th Street to a point, said point being a distance of 2.00 feet from the North side of Lot 1, Block 182, Original Town Addition to the City of Lubbock; THENCE West a distance of 340.50 feet to a point, said point being a distance of 2.00 feet North of the Northwest corner of Lot 20, Block 197, Original Town Addition to the City of Lubbock. 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 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 li- cense with or without cause upon notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 1410 Texas Avenue, Lubbock, Texas, or the last known address of LICENSEE. Upon the 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 take 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. 1. LICENSEE shall pay to the CITY OF LUBBOCK as com- pensation for such grant the sum of ONE HUNDRED TEN AND N0/100 ($110.00) DOLLARS cash in advance contemporaneously with the ac- ceptance and execution hereof by LICENSEE for the first five (5) year term of this license, and thereafter such rate of compensa- tion may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on pro- cedures and policies as established by the City Council of the CITY OF LUBBOCK and an appraisal of the fair market value of such - 2 - land by the Right -of -Way Department of the CITY OF LUBBOCK as ap- plied 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 ap- ply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in writing before the start of the five (5) year term to which such change in rate shall apply, and if such notification is not 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 lim- ited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction authorized by the 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 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 in 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 with- out 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 con- struction as herein contemplated across any or all of the above described property, then and in that event said LICENSEE, its successors and assigns will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and em- ployees 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 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 certified copy of a policy of public liability insurance as- sumed by said contractors 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 op- portunity 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 contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the par- ties hereto, but no assignment hereof by the LICENSEE, its suc- cessors and assigns shall be binding upon the CITY OF LUBBOCK - 3 - without the consent of the CITY OF LUBBOCK in each instance, ex- cept as specified in numbered 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 termina- tion or cancellation of this license. _- CITY OF LUBBOCK BY: y4 B. C. MCMINN, MAYOR ATTEST: i_ j tL �A d Ranette Boyd, )'ty Secretary AGED TO AND ACCEPTED this day of A`1 , 1987. ,COMMODITY EXCHANGE SERVICES, COMP BY- •D VIS, RESIDENT APPROVED AS TO CONTENT: Ed Bucy, Right of -Way Agent APPROVED AS TO FORM: Harold Willard, Assistant City Attorney 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 ex- pressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �— day of 1987. Notary Public, Lubbock County, Texs- - 4 - 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 DAN DAVIS, PRESIDENT, 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 for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of COMMODITY EXCHANGE SERVICES COMPANY. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �G day of CG. 1987. Notary Public, Lubbock County, xas - 5 -