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Home My WebLink AboutResolution - 051161D - License For Use Of Public Way - Spears Furniture Co - O'neal Terrace Annex Add - 05_11_1961 J�V do RESOLUTION BE IT RESOLVED BY THE CITY COMMISSION 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 "License for Use of Public Way" from said City to Spears Furniture Company of Lubbock, Texas, for the use of said Spears Furniture Company as an underground storage basement. A copy of said License is attached to and made a part of this resolution. Passed by the City Commission this 11 tkday of 1961. DAYID GrASEYy Ma r -------- A T I/avenia Lowe, ity�tary-Treasurer For proved City ABomey Ap ved 7it Attorney LICENSE FOR USE OF PUBLIC WAY THE STATE OF TEXAS COUNTY OF LUBBOCK [ This License made the 27th day of April, 1961, between the City of Lubbock, a Home Rule Municipality, herein called "CITY" and Spears Fumiture Company of Lubbock, Texas, a Texas Corporation and dames Spears, Individually and W. Harrell Spears, individually herein called "LICENSEE". WITNESSETH: THAT the parties hereto, for the consideration heretn&fter expressed, cove- nant and agree as follow®: (1) In consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS payable as follows: In advance. City hereby grants LICENSEE a License for the following purpose: Construction and maintenance of an underground storage basement at the following designated location: That portion of Z6th Street in the City of Lubbock, Lubbock County, Texas, which Iles between a line which is two feet North of and parallel to the existing North curb line of 26th Street and the South Property Lot Line of Lot Z0, Block 13, O'Neal Terrace Annex, an Addition to said, City of Lubbock. (Z) This License is made subject to the condition that LICENSEE, and the heirs, successors, and assigns of LICENSEE will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and employees harm- less of and from any and all claims, demands, actions, causes of action, suits at law and in equity and costs 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 hereinabove described and so as not to create any dangerous or hazardous condition thereon, and subject to the supervision of the City Engi- neer, 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 its election may cancel and revoke this License, with or without causg upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, postpaid, addressed to LICENSEE at Spears Furniture Company, 2710 Avenue Q, Lubbock, Texas. (5) This License and privilege shall not be transferable in whole or in part, and shall not inure to the benefit of any other person, firm., corporation, or organ- ization other than LICENSEE except upon express written consent of CITY. (6) Upon termination of this License, by revocation and/or cancellation by CITY, by mutual consent of the parties hereto or otherwise, LICENSEE shall re- move, at no coat 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) Prior to the construction of the underground basement, as authorized herein, the Licensee shall submit to the City Engineer plans and specifications of the construction to be done, and the Licensee shall not commence construc- tion of said underground basement until such plans and specifications are appooved by the City Engineer. (8) The LICENSEES as further consideration for the grant of this License shall pay all costs arising out of the exercise of the license herein made including but not limited to the replacement and repairing of paving, sidewalks, curbing, gutter, and/or utilities of any nature occasioned by the construction of the under- ground basement herein licensed. (9) LICENSEE shall provide at its expense at all times during the life of this license a public liability and property damage insurance policy with the City of Lubbock as a named insured in the amount of $Z5,000.00 coverage covering the construction, operation, and maintenance of the underground basement herein contemplated. (10) All covenants, obligations, and agreements made by LICENSEE are jointly and severally binding upon all parties herein referred to as "LICENSEE". (11) 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 in- strument as LICENSEE, all covenants and agreements of this License ,hall be joint and several covenants and agreements of such parties. 00 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 *:dent 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,FAYtD CASES,Mayor —�-- ATTE Lav' is Lowe, City Secretary•Tseaeurer LICENSEE: Spears Furniture Company of Lubbock, Texas By: z®eia®a� --------------- ATT EST: (SEAL) JAIvi]ES W.'�6PEARS,individually THE STATE OF TEXAS COUNTY OF LUBBOCK t BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared DAVID C. CASEY, known to me to be the personwhose name is subscribedto the foregoing instrument and acknow- ledgedtome thathe executed the same as the actanddeed of the CITY OF LUBBOCK and an MAYOR,for the purposes and consideration therein expressed,and in the ca- pacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this_Z�f- day of h7V l9Gl. (SEAL) Notary Public,Lubbock Jaunty, Texas �— l � THE STATE OF TEXAS � COUNTY OF LUBBOCK BEFORE VX, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared , President of Spears Furniture Company, a Corporation, 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 Spears Furniture Company, a Corporation, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1961. (SEAL) ! — — Tlotary public, Lubbock�ouniy, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK I BEFORE ME, the dndersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared JAMES W. SPEARS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same'4orttks.-purpv lies fand..copsidexation therein expressed. GIVEN UNDER MY HAND AND SEAL OFFICE this day of , 1961. (SEAL) Votary°Public, Lubbock bounty,�i exae THE STATE OF TEXAS COUNTY OF LUBBOCK j BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared W. HARRELL SPEARS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1961. (SEAL) _RotaYy Public, Lubbock County, Texas _.__