HomeMy WebLinkAboutResolution - 2176 - Street & Alley Use License - Alderson Realty Company - Three Tracts - 10/24/1985Resolution #2176
Agenda Item #24
October 24, 1985
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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 and
Alley Use License in favor of Alderson Realty Company, attached herewith,
which shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this Resolu-
tion as if fully copied herein in detail.
Passed by the City Council this 24th day of October , 1985.
ATTEST:
e Bnyd, City Secretary
APPROVED AS TO CONTENT:
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
Harold Willard, Assistant City Attorney
Zll!�I'ENRY,TIA7
PRODUCER
The Kastman Agency
P.O. Box 3070
Lubbock, TX 79452
INSURED
Alderson Realty Company
P.O. Box 1768
Lubbock, TX 79408
ISSUE DATE (M
11/1/85
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER American General Fire C
aaualty
COMPANY
LETTER
COMPANY
LETTER C
COMPANY
LETTER
COMPANY E
LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIABILITY LIMITS IN THOUSANDS
DATE (MM/DD/YY)
DATE (MMMDNY)
EACH
OCCURRENCE AGGREGATE
GENERAL LIABILITY
BODILY
A
Y CCOMPREHENSIVE FORM
TMP 68028299
7/26/85
7/26/86
INJURY
$ 500
$
PREMISES/OPERATIONS
UNDERGROUND
XPLOSION & COLLAPSE HAZARD
PROPERTY
DAMAGE
$ 100
$ 100
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL
CBI& PD
OMBINED
$
$
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
PERSONAL INJURY
$
AUTOMOBILE
LIABILITY
BODILY
ANY AUTO
INJURY
(PER PERSON)
$
ALL OWNED AUTOS (PRIV. PASS.)
BODILY
ALL OWNED AUTOS (OTHER THAN)
I
INJURY
(PER ACCIDENT)
$
r
`PRIV. PASS.
HIRED AUTOS
PROPERTY
DAMAGE
NON -OWNED AUTOS
GARAGE LIABILITY
.
BI&PD
COMBINED
$
EXCESS LIABILITY
UMBRELLA FORM
COMPDED
$
$
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
STATUTORY ...
$ (EACH ACCIDENT)
AND
EMPLOYERS' LIABILITY
$ (DISEASE -POLICY LIMIT)
r�
$ (DISEASE -EACH EMPLOYEE)
UTHER
... ..v.. v v �•.r��lV,.v��V ,V IOW YLI IIVLGW Jr GVIML II CMJ
Incidental Contract
A T'MT'PT(1AT AT TAT AT\AVT\ TMQTT1:)L-n. TUU OTTV
The City of Lubbock.
Lubbock, Texas 79401
LUBBOCK, TEXAS
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGEWS OR REPRESENTATIVES.
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Resolution #2176
STREET AND ALLEY USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this 24th day of October ,
1985, being the date of this Agreement between the CITY OF
LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and ALDERSON
REALTY COMPANY, of 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,
privilege and license to use a portion of dedicated street and
alley for the installation of two canopies, to wit:
A portion of Avenue L and the north -south alley between 18th
Street and 19th Street and Avenues K and L to the City of
Lubbock, Lubbock County, Texas, being further described in
three tracts as follows:
TRACT 1
BEGINNING at a point which is 60 feet North of the Southeast
corner of Lot 12, Block 227, Original Town Addition to the
City of Lubbock, Lubbock County, Texas;
THENCE North a distance of 8 feet;
THENCE East a distance of 20 feet;
THENCE South a distance of 8 feet;
THENCE West a distance of 20 feet to the PLACE OF BEGIN-
NING.
TRACT 2
BEGINNING at a point 200 feet North of the Southeast corner
of Lot 12, Block 227, Original Town Addition to the City of
Lubbock, Lubbock County, Texas;
THENCE North a distance of 8 feet;
THENCE East a distance of 20 feet;
THENCE,South a distance of 8 feet;
THENCE West a distance of 20 feet to the PLACE OF BEGIN-
NING.
TRACT 3
BEGINNING 156 feet North of the Southeast corner of Lot 13,
Block 226, Original Town Addition to the City of Lubbock,
Lubbock County, Texas.
THENCE East 75 feet to a point;
THENCE South 4 feet to a point;
THENCE West 75 feet to a point;
THENCE North 4 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 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 notice to the LICENSEE.
Said notice shall be deemed properly served if deposited in the
post office, postage paid, addressed to LICENSEE at P.O. Box
17689 Lubbock, Texas 79408, or the last known address of LICEN-
SEE.
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 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 compen-
sation for such grant the sum of FIVE HUNDRED AND NO/100
($500.00) 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 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 replacement and repairing of paving, sidewalks and
utilities of any nature occasioned by the construction as
authorized 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
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 con-
struction as herein contemplated across any or all of the above
described property, then and in that event said LICENSEE, its
heirs 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
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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, installation, 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, installation, 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 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. LICENSEE further agrees to install and maintain the
canopies whose installation is herein permitted at least 13.5
feet above the alley herein described.
8. 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
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).
9. 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 he is permitted to use hereby and agrees to give
peaceful possession of said property covered herein upon termi-
nation or cancellation of this license.
CITY OF K
BY:
ALA HENRY, AYO
T:
Rane a Boyd, City Secr tar
AGREED TO AND ACCEPTED this 31 day of 1985.
SEE: ALDERSON REALTY COMPANY
ac C. Alderson, -President
APPROVED S TO CONTENT:
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
Harold Willard, Assistant City Attorney
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THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and
for said Country, Texas, on this day personally appeared ALAN
HENRY, 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 expres-
sed and in the capacity therein stated. r1L
_V�UNDER MY HAND AND SEAL OF OFFICE this day of
(SG ,
1985.
Notary Public, Lubbock County,
Texas
com
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 JACK
ALDERSON, 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 as the act and deed of Alderson Realty Company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1985.
Notary ublic, Lubbock County,
Texas
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