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Home My WebLink AboutResolution - 6090 - Street Use License - Lubbock Christian University - 11_12_1998Resolution No. 6090 Item No. 31 November 12, 1998 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 Use License Agreement with Lubbock Christian University, 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 12th f , November 1998. WINDY!�t2z'-- SITTQN, MAYOR A ST. Y�L bow Kayt a arnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: CAfny`Suns, t CiC��—tto AS:gs/aul-Lubbock Christian Univeristy.doc ccdoca/August 3, 1998 Resolution No. 6090 Item No. 31 November 12, 1998 STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this �� day of NnvPmhar , 1998, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and LUBBOCK CHRISTIAN UNIVERSITY, Lubbock County, Texas, hereinafter called "LICENSEE." ►ilkV 1111. 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, for a waterline and communications cable, to -wit: BEGINNING at a point which is 65.00 feet West of the Northwest corner of Lot 346, Greenlawn Addition to the City of Lubbock; THENCE North across 26th Street 60.00 feet to a point; THENCE West 5.00 feet to a point; THENCE South across 26m Street to a point; THENCE East 5.00 feet 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 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 proper!X served if deposited in the post office, postage paid, addressed to LICENSEE at 5601 West 19 Street, Lubbock, Texas, 79407, 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 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, 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. a 1;-- nit transferable b- the LICENSEE without firs* —PiOnQ the writ- .:, Wazit.., 0n%. %..«y ivlanager of the CITY OF LtlBBOCK. 5. This license is made subject to the condition that should the LICENSEE exercise any right under this license 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, de- mands, actions, causes of action and 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 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 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 con- tractors. 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 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 prop- erty 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 and 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. .• / A S L _' &JJJJ arnell, City Secretary A i D TO AND ACCEPTED this 12th day of November , 1998. LICENSEE: L B MIS UNIVERSITY BY: ro APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: r L4un y Suns, i Attorney — STREET USE LICENSE LUBBOCK CHRISTIAN UNIVERSITY 2 THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared WINDY SITTON, 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 she executed the same for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER My HAND AND SEAL OF OFFICE this 1A14 day of 71998. N z> as THE STATE OF TEXAS § j Nowy?ubk, State of Texas a� Aht o mnits' E44e5 COUNTY OF LUBBOCK § BEFORE ME, the undersigned au'Porna Nary Public in and for said County and State, on this day personally appeared `Jyr?e s 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 stated and as the act and deed of said LUBBOCK CMUSTIAN UNIVERSITY. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �8� day of C� .1998 O� MARILYNFA"dNIN Notary Pithc, Lu c County, Texas ��••w, NOTARY PMUC, STATE or TEXAS 5,hp µ•1 MY COMMSSION EXPIRES NOVEMBER S, 2000 AS:ps ml-Lubbock Christian Lhuvasiry.doc D5.1-Decds,Eamts/August 3. 1998 STREET USE LICENSE LUBBOCK CEMETIAN UNIVERSITY 3