HomeMy WebLinkAboutResolution - 2024-R0426 - Street Use License Agmt., Cavender Real Estate, ROW, Ave F, 17Th - 18Th St - 09/24/2024Resolution No. 2024-R0426
Item No. 5.1
September 24, 2024
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, a Street Use License Agreement by and between the
City of Lubbock and Cavender Real Estate of Lubbock V, 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 on September 24, 2024 .
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ARK W. MCBRAYER, YOR
ATTEST:
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Co ne Paz, ity Secretary
APPROVED AS TO CONTENT:
of Engineering/City Engineer
APl'ROVED AS TO FORM:
,�
,
Amy L i s, Deputy Ci orney
RES.Street Use License Agreement- Cavender Real Estate of Lubbock V
Resolution No. 2024-R0426
STREET YJSE LXCENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK
KNOW ALL MEN BY THESE PRESENTS:
This License made this 24th day of September , 2024, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rute Municipal
Corporation, and CAVENDER REAL ESTATE OF LUBBOCK V, Stephen B. Cavender,
Owner, 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 canopy overhang, to-wit:
BEGINNING at the N. W. corner of Lot 1, Block 217, Original Town Addition to
the City of Lubbock, Lubbock County, Texas;
THENCE S feet West;
THENCE 50 feet South;
THENCE 5 feet East;
THENCE 50 feet North to the POINT OF BEGINNING.
The term of this License 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 frst, 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 P.O. Box 681237, San
Antonio, Texas 78268, 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. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant
the sum of FIVE HUNDRED AND 00/100 DOLLARS ($500.00) cash in advance
contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5)
year term af this License, and thereafter such rate of compensation may be changed for each
succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is
based on procedures and policies as established by the City Council of the CITY OF
LUBBOCK, based on an appraisal of the fair market value of such land by the Right-of-Way
Department of the CITY OF LUBBOCK, as applied 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 apply. The CITY OF LUBBOCK shall notify the
LICENSEE of any change in rates in writing ninety (90) days 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 limited to, the cost of cleanup of any oil, hazardous substance,
or other material, 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.
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 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 time 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 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 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 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
property damage insurance within limits specified by and in a form satisfactory to the City
STREET USE LICENSE
CAVENDER REAL ESTATE OF LUBBOCK V
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 beneiit 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. No interest for real property is conveyed or
granted by this License.
CITY OF LUBBOCK
By �
ARK W. MC RAYER, MA R
ATTEST:
r
P z, Cit ecretary
Engineer
APPROVED AS TO FORM:
.
A ' s, Deputy ity Attorney
STREET USE LICENSE
CAVENDER REAL ESTATE OF LUBBOCK V
�:�7�:Z�I�/�li7:T.�Cl1 �Z�Z� ► ►
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AGREED TO AND ACCEPTED this �� day of � � 6 v� � , 2024.
THE STATE OF TEXAS
COUNTY OF LUBBOCK
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CAVENDER REAL ESTATE OF LUBBOCK V
By: S EPH N B. CAVENDER, OWNER
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared Mark W. Mcbrayer, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ��f� ___ day
of s�y� �r.c���- , 2024.
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'��'o���Y P�e�%'• Notar Publ' n and for the State of Texas
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THE STATE �(��'��X�� ;, �`'��` §
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COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared Stephen B. Cavender, known to me to be the persons
whose names are 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
herein stated as the act and deed of said Cavender Real Estate of Lubbock V.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 io � day of
_� U � II S I , 2024.
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a�tt�RIGET G. BLAN�;i=NSHlP `; �
m i`��'�, "•"� r���t�ry Public, S�ate of Te�s �� otary Pu ic in and for e St� e of as
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Street Use License- Cavender Real Estate of Lubbock
My Commission Expires: �/ ��loZ D� �
STREET USE LICENSE
CAVENDER REAL ESTATE OF LUBBOCK V
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