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Home My WebLink AboutResolution - 2002-R0304 - License Agreement For Gated Property Entrance - Harmon Tank Co. - 08_29_2002Resolution No. 2002—R0: August 29, 2002 Item No. 31 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 License Agreement for a gated property entrance, by and between the City of Lubbock and Harmon Tank Co., Inc. of Lubbock, Texas, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 29th day o ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way gent APPROVED AS TO FORM: Linda Chamales Supervising Attorney/Office Practice gs/ccdocs/StUseLic-HarmonTank Cores July 05, 2002 Resolution No. A August 29, 2002 Item No. 31 THE STATE OF TEXAS COUNTY OF LUBBOCK STREET USE LICENSE KNOW ALL MEN BY THESE PRESENTS: This indenture made this 29th day of August , 2002, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and HARMON TANK CO., INC., 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 a dedicated street for a gated property entrance, to -wit: BEGINNING at the South, Southeast comer of Tract A, Hannon Tank Addition to the City of Lubbock, Lubbock County, Texas; THENCE West 91.92 feet to the point of beginning for this street use license; THENCE West 82.44 feet to a point; THENCE North 1.00 foot to a point; THENCE East 82.44 feet to a point; THENCE South 1.00 foot 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 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 LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 1800 East Broadway, Lubbock, Texas 79408, 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 this 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 assessed against LICENSEE for which LICENSEE shall be liable. 1. Since LICENSEE is the dedicator of the street herein concerned, no charge for the use of said street is made by the CITY OF LUBBOCK in connection herewith. 2. 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. 3. hi 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 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 construction 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 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 contractors. The CITY OF LUBBOCK may further 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 assumed 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 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 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 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. 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 termination or cancellation of this license. CITY OF LUBBO K By:/4- MARC MCD AL, MAYOR ATTEST: Qw'ic-4 I Rebecca Garza, City Secretar AGREED TO AND ACCEPTED this 29th day of August , 2002. Licensee: HARMON TANK CO., INC. pp/� By:t LOY MCGEE STREET USE LICENSE HARMON TANK CO., INC. 2 APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent/ APPROVED AS TO FORM: Linda Chamales Supervising Attorney/Office Practice 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 Marc McDougal, Mayor of the City of Lubbock, 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. 4 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30� day of ,2002. anm�ono CELIA WEBB Nfty� Notary Public in and for the State of Texas t-2008 My Commission Expires: 03 -01- LO0 b 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 Loy McGee, 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 as act and deed of said Harmon Tank Co., Inc. GfV UNDER MY HAND AND SEAL OF OFFICE this 1 �j .k. day of u S't 12002. Notary Public in and for the State Texas EDWARD WILSON WCY = .�r N0wwy Pi k. S" My Commission Expires: 11- z -03MY gs/135.8/SUL-Harmon Tank Co.res July 5, 2002 STREET USE LICENSE HARMON TANK CO., INC. 3