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HomeMy WebLinkAboutResolution - 713 - Street Use License - Ron D. Beard - Canopy System & Planters, 1312 Ave Q - 02/12/1981JWF:bs RESOLUTION #713 - 2/12/81 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 in favor of Ron D. Beard at 1312 Avenue Q, Lubbock, Texas, 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 Reso- lution as if fully copied herein in detail. Passed by the City Council this 12th day of 'February ,1981. ATTEST: 4Eefy-n- G fga, Cit c etary-Treasurer APPROVED AS TO CONTENT: Don Jen Wngs, Ci',y� Engineer APPROVED AS TO FORM: J. Wth Fullingim, Asst. City�Attorney r lL _ . MA RESOLUTION #713 = 2/12%81 Secretary FTreasurer . STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK R § This indenture made this 12th day of February 1981,.between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and RON D. BEARD, 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 to construct and maintain an existing canopy system and four 24 -inch free-standing planters underneath as shown on attached and made a part hereof for all purposes, subject to the approval of the City Engineer as to design, manner, and location of construction thereof, and further subject to compliance with all building, zoning, sub- division and street regulations and ordinances of the City ofLubbockappli- cable thereto. 1. The terms of this grant shall be from year to year n©t to exceed twenty (20) years without renewal by the City Council and the CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license, 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.:paid, addressed to LICENSEE at 1312 Avenue Q, Lubbock, Texas or the last known address of LICENSEE. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the 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 im- provements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to_the_CITY OF LUBBOCK as a compensation #or .such grant the sum of TWO HUNDRED AND N0/100 ($200..00) DOLLARS cash in advance contemporaneously with the`..acceptance and execution hereof°by LICENSEE. 3. 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. 4. 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, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such relocating or reroutingover 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 re- ceiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. 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 construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, will at all Limes defend, indemnify and otherwise hold the.CITY OF LUBBOCK, its , agents, seFvants, 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 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 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 LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give 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 .specifled.by., and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the :Lnsured,.said policy covering the useshereingranted. 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 suc— cessors and assigns, shall be binding upon the CITY OF LUBBOCK without .,the consent of the CITY OF LUBBOCK in each instance exceptas.specified in Para— graph Five (5). 9. LICENSEE, by the acceptance of-the uses permittedherein, understands .and agrees that no interest, title orxights,of Possessi.on,.are intended or implied,except•hose :expressly set forth here-in and LICENSEE,walves any, and all claims in and to the'public way it is permitted.to use hereby and agrees to givepeaceful possession-of said property covered herein'upon termination or cancellation of this license. �CITY OF 2UBB BY 4 9:54 BE Mi&isfer, i 'MAYOR .:ATTE 9T V. kv lyn�Ga f ?ga, City Oe'c e_r: -e -Treasurer AGREED-TO AND ACCEPTED this Zed day of 1981'. OF AD ESS AS TO FORM: $ 00 DOLLAIZS ACCT. No 11 00 0 CASH C1 CITY OF WeElOCK Fullingi i y 0 MO EY ORDER D TY SECRETARY TREASURER II FO Sides Printing co.—Lubbock. Texas No Text No Text