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HomeMy WebLinkAboutResolution - 773 - Amended Alley Use License-The University Club Et Al. - 15 Year Extension - 04/09/1981JWF:dh RESOLUTION 773 - 4/9/81 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock is hereby authoriz and directed to execute for the City of Lubbock an Amended Alley Use License in favor of The University Club of Lubbock, Inc., and James H. Granberry, individually, attached herewith, which shall be spread upon the minutes of t City Council, and as spread upon said minutes shall constitute a part hereof for all purposes. SECTION 2. THAT the Licensee in said Amended Alley Use License shall pay the rum of $75.00 in advance to the City of Lubbock upon and contemper- aneous with the execution of said License as an advance annual fee of $5 per year for 15 years, as part of the consideration for the grant of said Amended Alley Use License. Passed by the City Council this 9th day of April ,1981. BIL McALISTER, MAYOR ATTEST: h, Evelyn. Gaffga, City Secxe -Treasurer APPROVED AS TO CONTENT: Don J lonings,/oCity Engineer APPROVED ,AS TO FORM: J. Woqh Fullingim, Asst. City ttorney STATE OF TEXAS COUNTY OF LUBBOCK § RESOLUTION #773 - 4/9/81 AMENDED ALLEY USE LICENSE WHEREAS, the City of Lubbock granted to Lubbock Commercial Buildings, Inc., as licensee, an Alley Use License, same being recorded at Volume 1320, Pages 665-668 (inclusive) of the deed records of Lubbock County, Texas, re- ference to which record is made for all pertinent purposes; and, WHEREAS, said Lubbock Commercial Buildings, Inc. has transferred and assigned its interest under said License unto The University City Club of Lubbock, Inc. and James H. Granberry, individually, under date of March 31, 1981, which transfer and assignment has been consented to by the City Manager of the City of Lubbock; and, WHEREAS, The University City Club of Lubbock, Inc. and James H. Granberry, individually, have requested that the term of said Alley Use License be extended to a term of fifteen years from March 31, 1981, which creates a necessity for revising the said original Alley Use License to affect such changes; now therefore in consideration of the premises, need for revision, and the agree- ments hereinafter set forth made between the undersigned parties hereto: KNOW ALL MEN BY THESE PRESENTS: That the parties hereto enter this agreement in lieu and as a substitute for the aforesaid or Alley Use License hereinabove described, and this agreement supercedes said or Alley Use License, and this indenture is made this 31st day of March, 1981 between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and THE UNIVERSITY CITY CLUB OF LUBBOCK, INC., and JAMES H. GRANBERRY, individually, all of said latter parties being collectively referred to as "LICENSEE". W I T N E S S E T H: Subject to the terms, conditions and provisions herein the CITY OF LUBBOCK does hereby grant to the LICENSEE, its successors and assigns, the right, privilege and license for the continued use of a presently existing building occupying a portion of the alley adjacent to his property, a descrip- tion of the portion of the alley to be used is described as follows: BEGINNING at the Southwest corner of the West 75.00 feet of the North 234.70 feet of Lot 1, Block 7, Ellwood Place Addition to the City of Lubbock, Lubbock County, Texas: THENCE East a distance of 10.83 feet; THENCE South a distance of 3.40 feet; THENCE West a distance of 42.00 feet; -- THENCE North a distance of_4.10 feet; THENCE East a distance of 31.17 feet; THENCE South a distance of 0.70 feet to the PLACE OF BEGINNING. 1. The terms of this grant shall be fifteen (15) years from March 31, 1981 (date hereof) without renewal by the City Council, and the CITY OF LUBBOCK retains the right, as its election to cancel and revoke this license, upon the expiration of the original term, 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 2601 - 19th Street, Lubbock, Texas. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of this license by the LICENSEE, the im- provements 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 enter 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. 2. Prior to any construction as authorized by this license, the LICENSEE shall submit to the City Engineer plans and specifications for the construction to be done, and the LICENSEE shall not commence construction until such plans and specifications are approved by the City Engineer. 3. The LICENSEE agrees to pay all costs arising out of the exercise of the 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. 4.- In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the re-routing, 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 expense of such re -locating or re-routing over and above the expense which would have been incurred except for LICENSEE'S use herein. 5. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK, Provided that such consent shall not be required for this license to inure to the benefit of any lending institution holding a lien on the property adjoining the above-described property and purchasers at any foreclosure sale of any such lien. 6. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare to begin or commence any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, its or his heirs, successors, 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 of the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require and agreement with any contractors hired by 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 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 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 copy.of a policy of public liability assumed by contractor in said agreement with the copy of a policy of public liabiltiy assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE a reasonable opportunity to settle or adjust the same. 7. 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. 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 or his heirs, 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 paragraph 5. 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agreed 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 it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this'license. WITNESS MY HAND AT LUBBOCK, TEXAS this 9th day of April, 1981. CITY OF LUBBO BY: BIL. ISTER, MAYOR ATTEST: Evelyn Gdffga, City "oecrey-Treasurer APPROVED AS TO CONTENT: Don Je ings, ity Engineer APPROVED AS TO FORM: �. 64 j�4i Fullingim, Asst. City Attorney AGREED TO AND ACCEPTED this 31st day of March, 1921. THE UNIVE CITY OF LUBBOCK, INC. BY: A4...S 10YP i f t THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE HE, the undersigned authority, a Notary Public, on this day personally appeared BILL McALISTER, known 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. GIVEN UNDER My HAND AND SEAL OF OFFICE, this/ -�— day of April, 1981. NOTARY PUBLIC LUBBOCK COUNTY, TEXAS .. THE STATE OF TE XAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared JAMES H. GRANBERRY, individually and as President of THE UNIVERSITY CITY CLUB OF LUBBOCK, INC., known 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 UNIVERSITY CITY CLUB OF LUBBOCK, INC., and individually, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND ,AND SEAL OF OFFICE, this 2 day of April, 1981. NOTARY PUBLIC LUBBOCK COUNTY, TEXAS �. -.•r r ..-�. �ngT.`1E'.�t,�mes-r+� 4�-.�--�.-,..-�'"'"—� ..� .-+�'���'G:�". '..+: ►r•. 'X�" `�4»��+a.�-�t=-=- - - V'_" r ... �� -. r d • . �{f• •.... -/�'1 _ i! J..R � ,ir'�,�'.w/�r/'•u.�' �`r./' `'•/^ ``No`•+'•.�`\"�' i `. •�. v�.,".r" 9 6 2601 '=I GITH;`'.:747,-3167 `'".-,+"+ _++�,, LUBBOCK. 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