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Home My WebLink AboutResolution - 2899 - Street Use License- Weingarten Realty Investors- Improvements, Caprock Addition - 08/25/1988HW: j s RESOLUTION Resolution #2899 August 25, 1.988 Item 14 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 Weingarten Realty, Investors, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the min- utes 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 25th day of August 1988. c B. C. McMINN, MAYOR ATTEST: Rane to Boyd, City 7ecretary APPROVED AS TO CONTENT: Ed Bucy, Right -of Way Agent APPROVED AS TO FORM: Harold Willard, Assistant City Attorney Resolution #2899 Co STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 25th day of August , 1988, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and WEINGARTEN REALTY INVESTORS of Harris 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 a portion of dedicated streets, to -wit: TRACT 1 A portion of 52nd Street adjacent to Tract "A", Caprock Addi- tion to the City of Lubbock, Lubbock County, Texas, being fur- ther descirbed as follows: BEGINNING at a point which bears S. 87021141" E. a distance of 26.20 feet from the point of tangent intersection of a 15.71 foot radius curve at the Southwest corner of said Tract "A", Caprock Addition; THENCE S. 87021141" E. a distance of 242.20 feet; THENCE S. 02038119" W. distance of 2.27 feet; THENCE S. 89059114" W. a distance of 209.33 feet to a point of curvature,- THENCE urvature; THENCE Northwesterly around a curve to the right, said curve having a radius of 45.95 feet, a central angle of 4500014611, tangent lengths of 19.04 feet, and a chord distance of 35.18 feet to the POINT OF BEGINNING. TRACT 2 A portion of 52nd Street adjacent to Tract "A", Caprock Addi- tion to the City of Lubbock, Lubbock County, Texas, being fur- ther described as follows: BEGINNING at a point which bears S. 87021141" E. a distance of 312.60 feet from the point of tangent intersection of a 15.71 foot radius curve at the Southwest corner of said Tract "A"F Caprock Addition; THENCE S. 87021141" E. a distance of 144.20 feet; THENCE S. 02038119" W. a distance of 0.50 feet; THENCE N. 87021141" W.. a distance of 33.30 feet; THENCE S. 02038119" W. a distance of 1.10 feet; THENCE N. 87°21141" W. a distance of 83.10 feet; THENCE S. 02038119" W. a distance of 6.70 feet; THENCE N. 87x21141" W. a distance of 27.80 feet; THENCE N. 02038119" E. a distance of 8.30 feet to the POINT OF K BEGINNING. J TRACT 3 A portion of 52nd Street adjacent to Tract "A", Caprock Addi- tion to the City of Lubbock, Lubbock County, Texas, being fur- ther described as follows: BEGINNING at a point which bears N. 87021141" W. a distance of 204.30 feet from the point of tangent intersection of a 18.01 foot radius curve at the Southeast corner of said Tract "A", Caprock Addition; THENCE S. 87021141" E. a distance of 179.30 feet to'a point of curvature; THENCE Northeasterly around a curve to the left, said curve having a radius of 18.01 feet, a central angle of 60037'34", tangent lengths of 10.53 feet, and a chord distance of 18.18 feet; THENCE S. 450 E. a distance of 7.78 feet; THENCE S. 450 W. a distance of 6.00 feet; THENCE N. 87021141" W. a distance of 196.70 feet; THENCE N. 02038119" E. a distance of 0.50 feet to the POINT OF BEGINNING. TRACT 4 A portion of Canton Avenue adjacent to Tract "B", Caprock Ad- dition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears N. 15048154" W. a distance of 364.30 feet from the point of tangent intersection of a 19.84 foot radius curve at the Southwest corner of said Tract "B", Caprock Addition; THENCE S. 15048154" E. a distance of 56.64 feet; THENCE West a distance of 6.90 feet; THENCE North a distance of 18.85 feet; THENCE N. 17004135" W. a distance of 29.06 feet; THENCE North a distance of 7.87 feet to the POINT OF BEGIN- NING. 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 prepaid, addressed to LICENSEE at 2600 Citadel Plaza Drive #300, Houston, Texas, 77008, or the last known address of LICENSEE. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK, or the abandonment of the 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 im- - 2 - provements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed such im- provements, 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 TWO THOUSAND FOUR HUNDRED SIXTY AND NO/100 DOLLARS ($2,460.00.) 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 compen- sation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on proce- dures 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 ap- plied 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 at least ninety (90) days before the start of the five (5) year term to which such change in rate shall apply, and if such no- tification 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 repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by the license. _ 3. In the event the CITY OF LUBBOCK determines that the ex- istence of such use interferes with or causes the rerouting or re- alignment 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 ex- pense 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 prop- erty, then and in that event said LICENSEE, its successors and as- signs 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 permit- ted 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 reli- able 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, anda certified copy of,a policy -of public liability insurance as- sumed 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 3 _ claims or demands in order to give LICENSEE a reasonable opportu- nity 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 spec- ified 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. 7. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the -succes-sors, legal representatives, assigns and the duly authorized agents and con- tractors 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 speci- fied in the number paragraph four (4). 8. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees 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 he it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or can- cellation of this license. CITY OF LUBBOCK e BY: r ` . C. MEMIRR, MXYOR AT ST: Ranet Boyd, City Secre ary AGREED TO AND ACCEPTED this 25th day of August , 1988. LICENSEE: WEINGARGEN REALTY I STORS Bill Robertson, Jr. Senior Vice President and APPROVED AS TO CONTENT: Trust Manager Ed Bucy, Right of -Way Agent APPROVED AS TO FORM: Harold Willard, AssistantlCity Attorney 4 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 H D AND SEAL OF OFFICE this o day of {� 1988. ` 4 Notaky Public, Lubbock County, Texas y _ MY CQMMISSION EXPIRE-11 NOVEMBER 30, 1989 ;,,,;.... 0LI VIA R. SOLIS THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public in and rC unty Texas, on this day personally appeared % Dnp, �F , 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 ex- pressed and in the capacity therein stated as the act and deed of the''said WEINGARTEN REALTY INVESTORS IVEN UNDER MY HAND AND SEAL OF O FICE this day of G� 1988. r DENISE M. SMITHSON Notary Public, State f Texas y otary Public ' r s County, Texas N� �a My Commission Expires_ 9rF Of _ 5 _