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Home My WebLink AboutResolution - 1774 - Street Use License - L&R Properties - Canopy Overhang, L1 B217 OT Addition - 08/09/1984Resolution #1774 Agenda Item #28 8/9/84 f i HW:da 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 Agreement with Leon F. Davidson and Roy L. Voyles, d/b/a L & R Properties, a partnership, 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 Resolution as if fully copied herein in detail. i Passed by the City Council this 9th day of August , 1984. or, 'S' X06-1 --- 2, le— 0� ALAVHENRY9 M R ATTEST: ult)f Secretary APP ED AS TO CONTENT: _ r 1W �Ivens, Klgn� or way APPROVED AS TO FORM: , i�sslstant ulty Attorney HW:da: STREET USE -LICENSE THE STATE OF TEXAS § -COUNTY OF LUBBOCK § RESOLUTION 1774 This indenture made this day of L_�. r --le— r 1984, being the date of this Agreement between th CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and LEON F. DAVIDSON and ROY L., VOYLES, both of Lubbock County, Texas, d/b/a L & R Properties, a partnership, hereinafter called "LICENSEES." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEES, the right, privilege and license to use a portion of dedicated street for a canopy overhang, to -wit: BEGINNING at the N. W. corner of Lot 1, Block 217, Original Town Addition to the City of Lubbock, Lubbock County, Texas; THENCE 5 feet West; THENCE 50 feet South; THENCE 5 feet East; THENCE 50 feet to the POINT OF ORIGIN. 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 LICENSEES. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEES at 1702 Avenue F, Lubbock, Texas 79401, or the last known address of either LICENSEE. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEES, the improvements that are permitted under this license shall be removed by the LICENSEES and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEES fail or refuse 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 LICENSEES for which LICENSEES shall be liable. - 1— LICENSEES shall pay to the CITY OF LUBBOCK as compen- sation for such grant'th6'-sum o -f TWO HUNDRED FIFTY AND NO/100 ($250.00) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEES 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 LUBBBCK 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 LICENSEES 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 isnot made then the rate for the preceding five (5)"year term shall apply. 2. The LICENSEES agree 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 LICENSEES agree 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 LICENSEES' use herein. 4. This license is not transferable by either LICENSEE or the LICENSEES 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 LICENSEES 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 LICENSEES, their 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 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 LICENSEES 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 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 LICENSEES prior to incurring any costs or expenses or the payment of any such claims or demands in order to give the LICENSEES a reasonable opportun- ity to settle or adjust the same. 6. LICENSEES agree and are 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 part_ijes 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 LICENSEES, their heirs and 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. LICENSEES, by the acceptance of the uses permitted herein, understand and agree that no interest, title or rights of possession are intended or implied except those expressly set forth herein, and LICENSEES waive 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 termi- nation or cancellation of this license. CITY' UBBOCK BY: TNNENRY, MAYO ATTEST: it Secretary AGREED TO AND -ACCEPTED this day of , 1984. LICENSEES: LFJON F. DAVIDSON v Y L_. 610Y.M APPROVED AS TO CONTENT: T m Nivent, Ri ht -of -Way Agent APPROVED AS TO FORM: Harold Willard, Assistant City Attorney 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 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1984. Nota y Public, Lubbock County, Texas rd . ; J T , H- STATE OF TEXAS § -g'INTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared LEON F. DAVIDSON, 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 and in the capacity therein stated as the act and deed of said partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 8 day of 1984. otary Public, Lubbock C unty, Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME,- the undersigned authority, a Notary Public in and `or'said County, Texas, on this day personally appeared ROY L. VOYLES, known to me to be the person whose name is subscribed to theJoregoing instrument and acknowledged to me that he executed the...same for the purposes and consideration therein expressed as the'*act and deed of said partnership. GIVEN UNDER MY HAND.AND SEAL OF OFFICE this 2-V day of 19B4. Vf r i Notary Public, Lubbock County, Texas s