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HomeMy WebLinkAboutResolution - 081265G - Street Use License - Robberson Steel Inc - Richmond Second Addition - 08/12/19650%1 10 41 RESOLUTION BE IT REPOLVED 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 Robberson Steel, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall consti- tute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of August , 1965. Mayor Pro Tem ATTEST: W. E. Alderson Lav is Lowe, City Secretary -Treasurer FORM APPROVED: red 0, Senter, Jr., i ttorney LICENSE FOR USE OF PUBLIC WAY THE STATE OF TEXAS I COUNTY OF LUB13OCK ` # This License made the 12th day �of ' gu s . 1866, be- tween the City of Lubbock, s Home Rule Municipality, herein called "CITY"" and the Robberson Steel, Inc. of Lubbock, Texas, herein called "LICENSEE". WITNESSETH: THAT the parties hereto, for the consideration hereinafter expressed, covenant and agree as follows: (l) In consideration of the sum of ONE AND NO/1001$1. 00) DOLLARS, cash in hand paid, and other good and valuable consideration, .Cfity hereby grants LICENSEE a. License for the following purpose: to continue use of the end column of an existing monorail hoist at the following designated location: C, 160.8 feet South and 6. p feet West of the Northwest corner of Block 9, Richmond Second Addition to the City of Lubbock, Lubbock County, Texas (2) This License is made subject to the condition that LICENSEE, and the heirs. successors, and assigns of LICENSEE will at all times defend, in- demnify and otherwise hold the City of Lubbock, its agents, servants and employees harmless of and from any and all claims, demands, actions, causes of action, sults at law and in equity and coats of whatsoever kind or nature which may grow out of or relate to the making of this License' or the exercise by LICENSEE of any privileges granted by this License. (3) LICENSEE shall at all times exercise the privileges granted by this License in such a manner as will not interfere with the public use of the public way at the location heveinabove described and to as not to +create any dangerous or hazardous condition thereon, and subject to the supervision of the City Engineer. LICENSEE shall erect such barricades, warning signs, and other safety devices as may be required by said City Engineer at no expense to CITY. (4) CITY at IM election may cancel and revoke this License, with or without cause, upon thirty (80) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Offices postpaid. addressed to LICENSEE at .PP 110 ';Box 786, Lubbock, Texas. (b) This Liceus4 and privilege shall not be transferable in whole or in part, and shall not inure to the benefit of ;any other person, ffirm, corporation, or organization other than LICENSEE except upon express written consent of CITY. i (6) Upon termination of this License, by revocation and/or can- cellation by CITY, by mutual consent of the parties hereto or otherwise, LICENSEE shall remove, at no cost to CITY,, any or all improvements and appurtenances thereto if any, made or placed pursuant to this License if such removal is requested by the CITY. (7) LICENSEE accepts the terms, covenants, and conditions of this License and agrees to be bound thereby. In the event two or more parties execute this instrument as LICENSEE, all covenants and agreements of this License shall, be joint and several covenants and agreements of such parties. (8) All covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as same are binding upon ,and inure 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 CITY without the written consent of CITY in each instance. CITY OF LUBBOCK BY: W. E. A DERSO ATTES�^ T': Lavenia Lowe, City Secretary -Treasurer LICENSEE- ROBBERSON STEEL, INC. FORM APPROVED: BY: President Fred 0. $enter, Jr., City Attorney THE STATE OF TEXAS I COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared MAX TIDMORE, known to me to be the person whose name is subscribed to the foregoing instrument, and acknnow ledged 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 �___#a y of , 1865. ( SEAL) Notary Public, Lubbock ` County, Texas.