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HomeMy WebLinkAboutResolution - 2014-R0237 - Street Use License - Gary And Joni Marie Andrews - Fence Encroachment - 07/10/2014RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 01' 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 ("License,.), by and between the City of Lubbock, Texas as licensor, and Gary Andrews and wife, Joni :Marie Andrews, as licensee, granting a license to use certain dedicated street property located approximately at 4602 tis= Street, for fence encroachment purposes, and all related documents. Said License; 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 July 10 , 2014. Qtlu- Jim Ger Mayor Pro Tem AT"I'EST: Rebe ca Garza, City Secret APPIWW'D AS TO CONTENT: Dave Booher, Right -of -Way Agent APPROVED AS TO DORM: Richard Casner, Assistant City A orney rc/U-S.Gary&Joni Marie Andrews 7.1.2014 STREET USE LICENSE THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This Street Use License (the "License") is made this 2014, being the date of this License between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, hereinafter called the CITY OF LUBBOCK, and Gary Andrews and wife, Joni Marie Andrews, 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 (the "Property"), as described in attached Exhibit "A", for fence encroachment purposes. The term of this License shall be for five (5) years from date hereof, and shall be automatically extended for a successive five (5) year term 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 further, 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 4602 21s` Street, Lubbock, Tx. 79407, or the last known address of LICENSEE, as provided to the City Manager of the CITY OF LUBBOCK by 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 NINE HUNDRED NINETY SIX AND 45/100 ($996.45) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of 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 this 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 permitted 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, maintenance or 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 famish a certificate 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 an additional 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 permitted successors or assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, as specified in numbered paragraph four (4) of this License. 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 in real property is conveyed or granted by this License. 9. The CITY OF LUBBOCK reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the CITY OF LUBBOCK shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. CITY OF LUBBOCK, TEXAS , By: Jim GA -, mayor Pro Tem ATTEST: ebe ca Garza City Secretar APPROVED AS TO CONTENT: Dave Bucher, Right -of -Way Agent STREET USE LICENSE GARY&JONI MARIE ANDREWS APPROVED AS TO FORM: Richard asner, Assistant City Attorney AGREED TO AND ACCEPTED this 0 0 THE STATE 017 TEXAS COUNTY OF LUBBOCK 2014. Gary Andrews and wife, loni Marie Andrews This instrument was acknowledged before me on— J-Wl A 1.5 2014, by hin Gerit, Mayor Pro Tem )f the City of Lubbock. Texas. on behalfol'said Ch�l. - k CELIA WEBB "NY Pd*of T , stria " Fl -0 kj0MviWM EON OMRW THE STATE OF TEXAS COUNTY OF LUBBOCK Notar} ublic in and for the State of Texas My Commission Expires: 03-01-ZO/S This instrument was acknowledged before me on �e. / 2014 by Gary Andrews. DAVY M. BOOFIER Notary 1 iihl•c in and for the State c�i'"Texas Notary P64c, State of Tey., -is My Commission Expires: STREET USE LICENSE UARY&JONI MARIE ANDREWS THE STATE OF TEXAS COUNTY OF LUBBOCK § O This instrument was acknowledged before me on 2 , 2014 by Joni Marie Andrews. A Notary laublic'in and for the State of Texas 1(9DAVY M. BOOHER My Commission Expires: /z Notary Public, Stale of Texas -/ MyConxn;WDnExpi1esl2-l620l4j rc/Street Use Lie-Gary&Joni Marie Andrews 6.30.14 STREET USE LICENSE GARY&JON] MARIE ANDREWS EXHIBIT "A" Beginning at a point which is 25 feet south of the northeast corner Lot 12, Cain Terrace Addition Thence East 7 feet to a point Thence South 78 feet to a point Thence West 7 feet to a point Thence North 78 feet to the beginning. 60' sr STREET PAVED )