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Home My WebLink AboutResolution - 3575 - Street Use License - Lynn Cook - Canopy Above Portion Of Avenue H - 03/28/1991Resolution No. 3575 f March 28, 1991 Item #12 JWF: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 Use !License in favor of Lynn Cook d/b/a Lynn Cook Bail Bond for a canopy above a Hportion of Avenue H, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute land be a part of this Resolution as if fully copied herein in detail. ;Passed by the City Council this 28th day of March 1991. J01 . C h!7 �'01 .C.Mc- MINN, MA ATTEST: v an tte Boyd, City SecTefary `APPROVED AS TO CONTENT: Bucy, RTg -of-Waf Agent 23575 R �k JWF : j s STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 28th day of March , 1991, being the date of this.Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal'Corporation, and LYNN COOK d/b/a LYNN COOK BAIL BOND, 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, priv- ilege and license to use portions.of dedicated street to construct and maintain a canopy above a portion of Avenue H and being de- scribed as follows BEGINNING at the Northeast corner of.Lot 16, Block 182, Original Town Addition to the City of Lubbock, Lubbock County, Texas; THENCE East a distance of 3.00 feet to a point; THENCE South a distance of 26.00 feet to a point; THENCE West a distance of.3.00 feet to a point; THENCE North a distance of 26.00 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 properly served if deposited in the post office, postage paid, addressed to LICENSEE at 1510 Avenue H, Lubbock, Texas, 79401, 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 a compensa- tion for such grant the sum of TWO HUNDRED FIFTY AND N0/100 DOLLARS ($250.00) 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 be not timely 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 replacement and repair of paving, sidewalks and utilities of any nature damaged as a result of the construction authorized by the license. 3. In theeventthe CITY OF LUBBOCK determines that the license herein granted interfereswithor 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 maybe, for its ex- pense in relocating.or rerouting over and above the expense which would have been incurred except for.LICENSEE use herein. 4.. This license is not transferable by the LICENSEE or either 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 contem- plated across any or all of the above described property, then and in that event said LICENSEE, her heirs, 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 main- tenance 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.certi- fied 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 spe- cified by and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the in- sured, said policy covering the uses herein granted. 2 V 7. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the heirs, 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, her heirs, 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, understand and agree that no interest, title or rights of posses- sion are intended.or implied except those expressly set forth herein, and LICENSEE waives any and all.claims in and to the public way they are permitted to use.hereby.and agree to give peaceful possession of said property covered herein upon termination or cancellation of this license.. CITY OF LUBBOCK BY • �• `� ` C. McMINN, MAYOR ATTEST: ++++ Rtne a Boyd;' City tecretary AGRE D' TO AND ACCEPTED this 28th day of March , 1991. LICENSEE: LYNN COOK APPROVED AS TO CONTENT: Ed Bucy, Right -OF -Way Agent APPROVED AS TO FORM: J./Woifth Fullingim, Assist C' y ttorney _ 3 1 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 expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL ,OF OFFICE this day of 1991.: Notary, Public in and for the State of Texas 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 LYNN COOK, known to me to be the person whose name is subscribed to the fore- going instrument and acknowledged to me that she 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 day of 1991. Notary Public in and for the State of Texas 4 -