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Home My WebLink AboutResolution - 102865A - Street Use License - First National Bank & Pinaga Inc - Avenue O - 10_28_1965 GAST.bw 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 the First National Bank of Lubbock and Pinaga, Inc., 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 28th day of October 1965. MAX TIDMORE, Mayor ATTEST: r Lav nia Lowe, Citf Secretary-Treasurer APPROVED: - red O. Senter, Jr., City rney STREET USE LICENSE This License made this the 28th day of October 1965. by the City of Lubbock, a Home Rule Municipal Corporation, hereinafter called "City" and the First National Bank of Lubbock, Texas, a National Banking Corporation, acting herein by and through its president and cashier hereunto duly authorized; and Pinaga, Inc.. a corporation being a wholly owned subsidiary of Pioneer Natural Gas Company, acting by and through its duly authorized officers; hereinafter called "Licensees". WITNESSETH: L Subject to the hereinafter stated terms and conditions, the City hereby grants Licensees a license to construct and maintain two (2) underground passageways under and across theffollowing described locations, to-wit: (1) Under and across Avenue O approximately fifty (50) feet south of the south property line of Main Street as more particularly thdicated on a plan submitted by Licensees and made a part hereof. (2) Under and across Broadway Avenue at a location between Avenues N and ) and as more particularly indicated on a plan submitted by Licensees and made a part hereof. Licensees shall pay to the City as compensation for such license the sum of TEN AND N01100 ($10.00) DOLLARS per year for the duration of said license, which shall be for a period running from year to year subject to the right of the City to cancel or revoke said license or any part thereof upon thirty(30) days notice with ott without cause. 3. Prior to the construction of any underground passageways, as authorized herein, the licensees shall submit to the City Engineer plans and specifications of the construction to be done, and the licensees shall not commence construe- tion of any of the underground passageways until such pbdns and specifications are approved by the City Engineer. 4. The licensees Lm further.rdrislxlerlion for the grant of the license herein will pay all costs arising on. c1 the exercise of the license herein A made including but not limited to the replacement and repairing of paving, sidewalks, and utilities of any nature occasioned by the construction of tho underground passageways herein licensed. 5.. This license is made subject to the condition that shohld the licensees, their successors or assigns exercise any right under the license herein granted and prepare or begin or complete any part of the underground passageways herein contemplated under and across any or all of the above set out property, then and in that event said licensees, their successors or assigns, will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and employees harmless from and and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance of the structures and passageways and appurtenances herein contemplated, and will further replace or repair any damage and pay in full all losses or expenses thattthe City of Lubbock may sustain, incur or become liable for resulting in any manner from the construction of such underground passageways. ! 6. At such time as this license should be canceled or revoked for any reason, the underground passageways as constructed under this license shall be removed by the licensees and the property restored to its original condition at no cost to. the City of Lubbock. 7. All of the covenants and provisions of this license shall be binding upon and enure to the benefit of the successors, legal representatives, assigns, and the duly authorized agents. and contractors of the parties hereto to the same extents and effect as the same are binding upon and enure to the benefits of the parties hereto, but no assignment hereof by the licensees, their successors or assigns, shall be binding upon the City of Lubbock without the written con- sent of the City of Lubbock in each instance. IN WITNESS WHEREOF, the parties have executed this agreement in duplicate the day and year first above written. CITY OF LUBBOCK BY:,,�Gw�� MAX TIDMORE, Mayor ATTES " -L. . �� Lav nia Lowe, Cit Secretary-Treasurer FIRST NATIONAL BANK F LUBBOCK BY: ' President ATTEST: Eli rzer4 ashier i PJREWA, INC. ATTEST: City,s - Copy.-Original and one executed copy mailed Nov. 19, 1965, to M F Jim MiIam Attorney, ames H. Great Plains Ufa Building, Lubbock, Texas. (He to mail one copy to Pinaga,Inc. (Pioneer Nat'l Gas Co) • CRENSHAW, DUPREE & MILAM ATTORNEYS AT LAW I �/ OR[AT►LAIN&UFK CUILDING 2.C2G1 1 A".JLYiL U (� Q � LUDEOCK,TEXAS 72408 r.o.LOX%4cj �✓� October 6, 1965 Honorable Mayor and City Council of the City of Lubbock Lubbock, Texas Gentlemen: On behalf of the First National Bank at Lubbock and Pinaga, Inc., a corporation being a wholly owned subsidiary of Pioneer Natural Gas Co., we respectfully request a street use permit be granted to these applicants for an underground tunnel under Broadway Avenue and Avenue O as designated on the attached plot plan. The tunnel on Broadway will connect the parking garage to the bank and Pioneer Natural Gas Co. premises and the tunnel on Ave- nue O will connect the bank motor bank with the main banking - quarters. A sketch of the proposed location of such tunnels is enclosed. If you desire any further information please let me know. Respectfully submitted, FIRST NATIONAL BANK AT LUBBOCK PINAGA, INC. BY: CRENSIL DUPREE & MILAM �Aorneys JHM:MBR + t AdAK 28CALYJ ,era sr. '..q. 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