HomeMy WebLinkAboutResolution - 012364G - Street Use License - Goodpasture Grain Co - Marshall Street - 01_23_1964 IfBDA:jlm
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock, Texas, is hereby authorized and
directed to execute for and on behalf of said City of Lubbock a street use license
1 between the City of Lubbock, Texas, and Goodpasture Grain Company. A copy
V of said license is attached to and made a part of this Resolution for all purposes.
1.' A copy of said license shall be spread upon the minutes of this council. The City
Secretary shall attest the signature of the Mayor to said license and shall affix
the seal of the City of Lubbock thereto.
Passed by the City Council this 23rd day of January , 1964.
K F„ STRONG; Mayor
ATTEST
i
� Fo pprovtd
Lavenij Lowe, City S6cretary-Treasurer
:
Gty Attorney.
Approved
A_, t. ry
Asst..Gty ftorney—
penoiddy,
STREET USE LICENSE
THE STATE OF TEXAS }
COUNTY OF LUBBOCK }
This License made the 23rd day of January, 1964. between
the City of Lubbock, a home Rule Municipality, herein called "CITY" and
Goodpasture Grain Company, a corporation authorized to do business in the
State of Texas. herein called "LICENSEE."
WITNESSETH:
THAT the parties hereto, for the consideration hereinafter expressed,
covenant and agree as follows:.
(1) In consideration of the sum of ONE AND NO/100($1.00) DOLLAR
and other good and valuable consideration, cash in hand paid by LICENSEE.
CITY hereby grants LICENSEE a license for the following purpose: To use a
portion of the Public Way to install and maintain a concrete tunnel way under
Marshall Street, approximately 265 feet West of the West line of Avenue N;
said tunnel shall extend North and South across Marshall Street and be approx-
imately 4 feet to width.
This license is granted for the further consideration, and subject to
the condition, that LICENSEE, and the successors and assigns of LICENSEE,
shall be responsible for installation and maintenance of the tunnel at no ex-
pense to the City, and will pay the cost for the City to repair any damage to
the paved surface in Marshall Street whether caused by the initial construction
or as a result of the existence of the tunnel.
(2) This License is made subject to the condition that LICENSEE, and
the 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 way at the location
hereinabove described and so as not to create any dangerous or hazardous con-
dition 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.
44) CITY at its election may 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, postpaid, addressed to
LICENSEE at Its address on record at the City Engineers Office.
(6) This License and privilege shall not be transferable in whole or in
part, and shall not inure to the benefit of wW other person, firm, corporation,
or organization 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 remove, at no cost to CITY, any and all improvements 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 covenanats 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:
JACK F. STRONG, Mayor
ATTEST;
Lavenia Lowe, City Secretary-Treasurer
LICENSEE:
GOODPASTURE GRAIN COMPANY
BY:
THE STATE OF TEXAS #
COUNTY OF LUBBOCK #
BEFORE ME, the undersigned authority] a Notary Public in and for said
County, Texas, on this day personally appeared JACK F. STRONG, 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 1964.
(SEAL)
Notary Public, Lubbock County, Texas