HomeMy WebLinkAboutResolution - 1100 - Joint Use Utility Agreement - Westland Corp - Block 2, Trades Addition - 05/13/1982RESOLUTION 1100 - 5/13/82
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of said City a Joint Use of Utility Agreement with
Westland Corporation attached herewith which shall be spread upon the minutes
of the City Council and as spread upon the minutes of this Council shall consti-
tute and be a part of this -Resolution as:if fully-cogied herein in detail.
Passed this 13th da of May , 1982.
HENRY, MAYOR 0 TEM
,ATTEST:
.. Q
zvetyn uar$ga, city SeEr"y-Treasurer
APPROVED AS TO CONTENT:
Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
J. 7h Fulli gim,'Assistant- ACitryttorney
RESOLUTION 1100 - 5/13/82
�TV srCRETARY-TREASURER
JOINT USE OF UTILITY EASEMENT AGREEMENT
STATE OF TEXAS
COUNTY OF LUBBOCK
COMES NOW the CITY OF LUBBOCK, a home rule municipality located in Lubbock
County, Texas, herein called "City", acting through its Mayor hereunto duly
authorized, and WESTLAND CORPORATION, whose principal office is located in
Albuquerque, New Mexico, herein called "Westland", acting through its President
hereunto duly authorized, and on this 13th day of May
, 19_R2_, do hereby contract and agree as follows:
WHEREAS, City was grantee of a utility easement for public utilities being
fifty feet in width in Block 2, Trades Addition to the City of Lubbock, Lubbock
County, Texas, as dedicated by Plat recorded in Volume 1359, Pages 990-998
(inclusive) of the Deed Records of Lubbock County, Texas, reference to which
record is hereby made for all pertinent purposes; and,
WHEREAS, Westland has requested the City to agree to a joint use of said
utility easement with Westland, and City is agreeable to granting such request
upon the terms and conditions as hereinafter set forth; NOW THEREFORE:
KNOW ALL MEN BY THESE PRESENTS:
I.
That for and in consideration of the sum of ONE HUNDRED FIFTY AND N0/100
($150.00) DOLLARS cash in hand paid to City by Westland, City hereby grants
a permission and license unto Westland to jointly use said utility easement
with City and public utilities entitled to use said easement in order that
Westland may construct improvements in connection with a first class flea
market operation to be conducted by Westland so long as such construction does
not interfere in any manner with the use and enjoyment of said utility easement
by the City or public utilities entitled to use said easement. Such $150.00
consideration shall be paid in advance by Westland to City, and the terms of
this grant shall be from year to year not to exceed twenty years without renewal
by City and the City retains the right, at its election to cancel and revoke
this permit and license with or without cause, upon six months notice to West-
land. Said notice shall be deemed properly served if deposited in the post
office, postage paid, addressed to Westland, 2300 Candelaria N.E., Suite 110,
Albuquerque, New Mexico, 87107, or to last known address of Westland. This
agreement may be cancelled in the same manner by the City upon any violation of
this agreement by Westland or failure to perform any act or covenant required
of Westland by this agreement.
II.
Upon termination of this agreement by its terms or by cancellation,
Westland agrees to remove all improvements placed on said utility easement at
its costs within 90 days after such termination or cancellation, and if such
removal is not so accomplished, City at its election, without being obligated
to do so, remove such improvements for which Westland will promptly pay upon
presentation to them of a bili for costs of such removal by the City.
Westland shall pay all expenses in connection with the grant of this
permit and license, including, but not limited to, the cost of modifying or
relocating the facilities of -the City or any public utility now using and
having access to said utility easement occasioned by the construction as
authorized by this permit and license.
IV.
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 con-
structed by the City of Lubbock or franchised utility, Westland agrees to
reimburse the City of Lubbock, or such utility, as the case may be, for its
expense of such relocating or rerouting over and above the expense which would
have been incurred except for Westland's use herein.
V.
This license is not transferable by Westland without first receiving the
written consent of the City Manager of the City of Lubbock.
VI.
This license is made subject to the condition that should the Westland
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 set out property, then and in that event Westland, its successors
and assigns, will at all times defend, indemnify and other wise 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 whatso-
ever kind or nature which may grow out of or be related to the making of this
license or the construciton or maintenance and use permitted herein. The City
of Lubbock, at its option, may require an agreement with any contractors hired
by Westland 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 performance of the work to be
done by such contractor. The -City of Lubbock may further require such contractor,
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 the 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 contractor in said agreement with the City of Lubbock. The City of Lubbock
agrees to give notice to Westland prior to incurring any costs or expenses
or the payment of any such claims or demands in order to give Westland a reason-
able opportunity to settle or adjust the same.
VII.
Westland may be required by City at any time (at City's option) 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.
VIII.
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 Westland, 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 specified in Section V above.
IX.
Westland 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 waives any and all claims in and to
the public way it is permitted to use hereby and agrees to give peaceful pos-
session of said property covered herein upon termination or cancellation of
this license.
X.
Westland agrees to comply with all zoning and subdivision regulations and
ordinances and all building code regulations and ordinances of the City of
Lubbock in connection with the construction and uses authorized by this agree-
ment.
XI.
City reserves on its own behalf and on behalf of all said public utilities
entitled to use and/or using said utility easement the right of ingress, egress,
and regress to the utility easement area for the purpose of maintaining, con-
structing, reconstructing, operating, and servicing any public facilities or
public utility facilities placed or to be placed, located, or constructed in,
upon, over, under, along, and across the utility easement area by City or any
of said public utilities under the terms of said public utility easement.
CITY OF LUBBOC
BY:
AL HENRY "MAYOR TEM
ATTEST:
Evelyn Gaffga, City Secreta -Treasurer
AGREED TO AND ACCEPTED this mg% day of 0.
19-A.Z.
WESTLAND CORPORATION
BY:
.6si) M41t) mm't—A
0. D. McDONALD, PRESIDENT
APPROVED AS TO FORM:
J. Wo t Fullingim, Assistant City A orney
APPR ED AS TO CONTENT:
Tom Nivens, Right of Way Agent
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 appearedAlah Henry, Mayor=Pro Tekpown to
me to be the person whose name is subscribed 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. �y
GIVE DER MY HAND AND SEAL OF OFFICE this 1 day of
1982.
Not y Public, Lubbock County, Texas
%�--
THE STATE OF Texas §
COUNTY OF Lubbock §
BEFORE ME, the undersigned authority, a Notary Public in and for 6Aid7- Lubbock
County, Texas on this day personally appeared O. D. McDONALD, PRESIDENT of -
said
WESTLAND CORPORATION, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed thesame
for the purposes and consideration therein expressed, and in the capacity
therein stated as the act and deed of said corporation.
IVEN UNDER MY HAND AND SEAL OF OFFICE this [:2<v day of
1 1982.
Notary Puldic,Lubbocky, 'Texas.
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