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HomeMy WebLinkAboutResolution - 011465E - Street Use License - Howell Killgore - Tech Village Addition - 01_14_1965 / MYT:bw 01Ain RESOLUTION 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 to Howell Killgore 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 Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of January 1965. MAY0 ATTEST: La enia Lowe, City Secretary-Treasurer FORM �APPROVED: Fred O. Senter, City tokney =t. STREET USE LICENSE THE STATE OF TEXAS 4 COUNTY OF LUBBOCK 4 This License made the 14th day of January 196b, between the City of Lubbock, a Home Rule Municipality, herein called "City" and Howell Killgore, herein called "Licensee". WITNESSETH: THAT the parties hereto, for the consideration hereinafter ex- pressed, covenant and agree as follows: (1) In consideration of the sum of ONE AND NO/100($1. 00) DOLLARS 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, as hereinafter fully described for vehicular parking which shall be paved with asphalt and Licensee shall make other improvements consistent with the terms of this License and subject to the written approval of the City Engineer and Ordinances of the City of Lubbock, and to maintain same at the fol- lowing designated locations: TRACT I "A strip of land approximately two (2)feet in width along the north side of the development and the south right-of- way on 3rd Street lying between the 6-foot walk adjacent to the curb and the right-of-way property line, being part of Lot B, Tech Village Addition to the City of Lubbock, Texas. TRACT H "A strip of land along the west side of Flint Avenue between the 6-foot sidewalk adjacent to the curb and the right-of-way property line, being part of Lot B, Tech Village Addition to the City of Lubbock, Texas." This License is granted for the further consideration, and subject to the condition that Licensee and the successors and assigns of Licensee shall construct a six (6) foot wide sidewalk adjacent to the curb and shall be responsible for maintenance of the parking area granted by this License. (2) The City has the right to remove the asphalt along the public way as described above, at anytime, in order that it might construct necessary public improvements and after City has installed the public improvements, Licensee :shall replace said asphalt at no expense to the City. (3) This license is made subject to the condition that Licensee, and the successors and assigns of Licensee will at all times defend, indemnify and hold the City of Lubbock, its agents, servants, and employees harmless 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. (4) 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 condition thereon, and subject to the supervision of the'rCity 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. (5) City at its election may cancel and revoke this License, with or without cause, upon thirty(SO) days notice to Licensee. Said notice shall be deemed properly served if deposited in the Post Office, post- paid, addressed to Licensee at , Lubbock, Texas. (6) 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, corpor- ation, or organization other than Licensee except upon express written consent of City. (7) 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 or all improvements thereto, if any, made or placed pursuant to this License if,such removal is requested by the City. (8) 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 ,n BY: r,? vl� MAX TIDMOAE, Mayor ATTEST: Laventa Lowe, City Secretary-Treasurer LICENSEE: HOWELL KILLOORE 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 MAX TIDMORE, known to me to be,to person whose came is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and d$od 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 , 1965. Notary Public, Lubbock County, Texas