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HomeMy WebLinkAboutResolution - 2692 - Alley Use License - Sparkletts - Lot 7-9, Block 34 Overton Addition - 12/10/1987HW: js orcni 11rrnn1 Resolution -#2692 December 10, 1987 Agenda 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 an Alley Use License between the City of Lubbock and Sparkletts, 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 10th day of December , 1987. C. McMIN , MAYOR ATTEST: Ranet a Boyd, City Secretary APPROVED AS TO CONTENT: C— l) Ed Bucy, Right -of - y Agent APPROVED AS TO FORM: arold Willard, Assistant City Attorney �. Resolution #2692 December 10, 1987 ALLEY USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 10th day of DPcemhPr , 1987, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and SPARKLETTS, a California Corporation, 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 portions of dedicated alleys for groundwater monitoring wells, to -wit: TRACT 1 BEGINNING at a point 5.00 West of the Southeast corner of Lot 9, Block 34, Overton Addition to the City of Lubbock; THENCE S. a distance of 5.00 feet to a point; THENCE E. a distance of 5.00 feet to a point; THENCE N. a distance of 5.00 feet to a point; THENCE W. a distance of 5.00 feet to the PLACE OF BEGINNING. TRACT 2 BEGINNING at a point 15.00 feet West of the Southeast corner of Lot 8, Block 34, Overton Addition to the City of Lubbock; THENCE S. a distance of 5.00 feet to a point; THENCE W. a distance of 5.00 feet to a point; THENCE N. a distance of 5.00 feet to a point; THENCE E. a distance of 5.00 feet to the PLACE OF BEGINNING. TRACT 3 BEGINNING at a point 15.00 feet East of the Southwest corner of Lot 7, Block 34, Overton Addition to the City of Lubbock; THENCE S. a distance of 5.00 feet to a point; THENCE E. a distance of 5.00 feet to a point; THENCE N. a distance of 5.00 feet to a point; THENCE W. a distance of 5.00 feet to the PLACE OF BEGINNING. The term of this grant shall be for two (2) years from date hereof, and shall be automatically extended for successive two (2) year terms not to exceed twenty (20) years in any event un- less either party shall give written notice of termination to the other party before the expiration of the original or any subse- quent two (2) 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 notice to the LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at the last known address of LICENSEE. Upon expiration or cancellation and revocation of this li- cense by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this li- cense 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 re- move 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 as- sessed against LICENSEE for which LICENSEE shall be liable. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of ONE HUNDRED AND N0/100 DOLLARS ($100.00) cash in advance contemporaneously with the acceptance and execu- tion hereof by LICENSEE for the first two (2) year term of this licensee, and thereafter such rate of compensation may be changed for each succeeding two (2) 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 for- mula 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 two (2) year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in writing be- fore the start of the two (2) year term to which such change in rate shall apply, and if such notification is not made, then the rate for the preceding two (2) 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 lim- ited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as autho- rized by this license. 3. In the event the CITY OF LUBBOCK determines that the existence of such use 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, the LICENSEE agrees to reim- burse the CITY OF LUBBOCK or such utility, as the case may be, for its expense in relocating or rerouting over and above the ex- pense which would have been incurred except for LICENSEE'S use herein. 4. This license is not transferable by the LICENSEE with- out 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 con- struction 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 em- ployees 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 the 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 - 2 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 any amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions 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 the LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give the 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 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 par- ties hereto, but no assignment hereof by the LICENSEE, its suc- cessors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, ex- cept as specified in numbered paragraph four (4). 8. LICENSEE, by its 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 LICENSEE is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK BY: ( ClgklX+' 1 C. MCMIRN, MAYOR .ATTEST: Ran tte Boyd, City Secretary AGREED TO AND ACCEPTED this I (P AIN day of 1987. APPROVED AS TO CONTENT: e�r 6�1�= Ed Bucy, Right -46f -Way Agent APPROVED AS TO FORM: Aka,NAWWllayrd_�, Assistant City Attorney LICENSEE: SPARKLETTS BY: a.s+�s PRESTON R. SMITH, PLANT MANAGER - 3 - s 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 ex- pressed and in the capacity therein stated. GIV N UN ER MY HAND AND SEAL OF OFFICE this day of c kP/i� 1987. Notary Public, Lubbock County, Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK I § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared PRESTON R. SMITH, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he exe- cuted the same for the purposes and consideration therein ex- pressed and in the capacity therein stated as the act and deed of Sparkletts, a California corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this IL±±i day of SSC 1EV-1 V1Fz , 1987. c RR Notary Public, Lubbock County, Texas - 4 -