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HomeMy WebLinkAboutRES 85-078 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to grant a license agreement, in the form attached hereto as Exhibit "A" , to Dresser-Ideco for storage of two ( 2) large gantry cranes on South Street for ninety (90) days for a fee of Two Hundred Fifty Dollars ($250) . PASSED BY THE CITY COUNCIL of the City of Beaumont this the / day of , 1985. 7 • Mayor - THE STATE Of' TEXAS X COUNTY OF JEFFERSON X THIS LICENSE, made this day of 1985, between THE CITY OF BEAU14ONT, a municipal corporation acting herein by its City Manager, hereunto duly authorized, hereinafter called "Licensor", Dresser-Ideco, acting herein by hereinafter called "Licensee." W I ",' N E S S E T ii: That the parties hereto, for the consideration hereinafter expressed, covenant and agree as follows: 1 . Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to store two (2) gantry cranes, bridgin- over the 1900 Block of South Street from March 1, 1985 to June 1985. The location of the cranes are illustrated by the attached exhibits. 2 Licensee shall pay Licensor as compensation for this license the sum of Two Hundred and Fifty ($250.00) Dollars payable in advance. 3. Licensee shall, at its own cost , locate the cranes in such a manner and of such material that it will not at anytime be a source of danger to or interfere with vehicular or pedestrian traffic using South Street. The cranes' supports shall not be located on City property and shall provide a minimum of 16.5 feet of vertical clearance from the centerline of the South Street pavement surface. Licensee agrees that all work upon or in connection with the cranes shall be done at times and in a manner satisfactory to Licensor. Any street barricading; or traffic control devices that may be necessary shall. be in accordance with City of Beaumont Standards. 4. Licensee shall, at all times, indemnify and save harmless Licensor against and pay in full all loss, damage or expense that ,eYs-74 P' Exhibit A Licensor may sustain, incur, or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of the cranes. Licensee shall carry personal injury liability insurance in the sum of $500,000.00 aggregate for each accident , property damage liability insurance in the sum of $50,000.00 for each accident, and contractural insurance in the amount of $500,000.00. Such insurance policy shall include coverage of the premises which are the subject of this license; shall be written by a company acceptable to Licensor; shall include Licensor as a named insured; shall be paid for by Licensee, and shall be filed with the City Clerk of Licensor. All of this shall be done prior to Licensee's entering the premises of Licensor under this license. 5. Licensor reserves the right to make any improvements of the street premises covered by this license. In doing so, Licensor shall not be liable to Licensee for any dama-e occasioned to the cranes, and Licensee shall not be entitled to prosecute or maintain a claim against Licensor for any such damages sustained by the cranes. Licensor may, as it deems necessary, install signs, lights, or other devices on the cranes. 6. All the covenants and provisions of this instrument shall be binding upon and ensure to the benefit of the successors, legal representatives, and assigns of the parties to the same extent and effect as the same are binding upon and ensure to the benefit of the parties hereto, but no assignment hereof by Licensee, its successors, legal representatives, or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance. IN WITNESS UEEREOF, the parties have executed this agreement ..n duplicate the day and year stated. THE CITY OF BEAUMONT By: City Manager - 2 - ATTEST: LICENSOR City Clerk UK1:5SER.-IDECO By:__ Administrator ATTEST: LICENSEE 3 -