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HomeMy WebLinkAboutResolution - 081265F - Street Use License - Robberson Steel Inc - Richmond Second Addition - 08_12_1965 RESOLUTION BENT 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 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 W. E. Alderson ATTEST: 'Layfftia Lowe, City Secretary-Treasurer FORM APPROVED: s , Fred O. Senter, Jr., WAttorney LICENSE FOR USE OF PUBLIC WAY T M STATE OF TEXAS f COUNTY OF LUBBOCK f This License made the 12th day of August 1065, be- tween the City of Lubbock, a Rome Rule AlGicipality, 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 followet (1) In consideration of the sum of ONE AND NOf 100 ($1.00) DOLLARS, cash In hand paid, and other good and valuable consideration. City hereby' grants LICENSEE a License for the following purposes to install and maintain one (1) new' column for the framework of a new building and crane rail at the following designated location: Within the right of way of Avenue C approximately S.2 feet South and 1.8 feet East of the Northeast corner of Block P. Richmond Second Addition to the City of Lubbock, Lubbock County, Texas. (8) 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, 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 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 its 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 Office, postpaid, addressed to LICENSEE at P. O. Box 766, 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 organization other than LICENSEE except upon express written consent of CITY. e (6) Upon termination of this License, by revocation and/or cancel- lation 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. F. : t DERS4N W;-Y.'ftLDER5(7�i;.Mg}rdr`'P'ro-tea ATTEST: G�ZILt Lavenia Lowe, City Secretary-Treasurer LICENSEE: ROBBERSON STEEL, INC. BY: THE STATE OF TEXAS 1 COUNTY OF LUBBOCK 4 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 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. GWEN UNDER MY HAND AND SEAL OF OFFICE this . day of (SEAL) Notary Public, Lubbock County. Texas