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HomeMy WebLinkAboutResolution - 102865B - Street Use License - University Park Apartments Inc - Westhaven Addition - 10_28_1965 4 BX)IS.bw Iola 10' RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: i 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 University Park Apartments, 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. NTAXTIDMOR•E, Mayor ATTES t L ema Lowe, ty'Secretary-Treasurer APPROVED: City Attorneyts Offic STREET USE LICENSE THE STATE OF TEXAS 1 COUNTY OF LUBBOCK I This License made the28th day of October 1865, be- tween the City of Lubbock, a Home Rule Municipality, herein Galled "City" and University Park Apartments, Inc.of the City of Lubbock, 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 NO1100 ($1.00) DOLLARS and other good and valuable consideration, cash in hand paid by Licensee, City hereby pants Licensee a license for the following purpose: "To use a portion of the public way, as hereinafter described, for driveway access purposes: The south One Half of that part of Third Place hying between Indiana Avenue and Tract 1, Westhaven Addition to the City of Lubbock, Lubbock County, Texas. (2) Such use shall be subject to the terms of this license, City oddi- nances and written approval of the City Engineer of the City of Lubbock. (3) This license is made subject to the condition that Licensee, and its successors and assigns of Licensee will at all times defend, Indemnify and otherwise hold the City of Lubbock, Its agents, servants and employees harmless of and from any and all claims, demands, actions, or causes of action, suits bt lave and in equity and costs of whatsoever kind or nature which may grow out of or relate to the making of this license of the exercise by Licensee of any privileges granted by this license. (4) Ltcensee,ehall 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 heretnabove 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. (5) City at its election may cancel and revoke this license, with or without cause, upon thirty (30) daymnotice 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 Engineer's Office. (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 con- sent 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 and appurtenances there- to, if any, made or places pursuant to this license if such removal is re- quested 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. (9) 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 sub- sequent assignee, shall be binding upon the City without the written consent of City in each instance. CITY OF LUBBOCK MAX TIDMORE, Mayor ATTES !l; Z C,_- ENIA LOWE, ity Secretary-Treasurer LICENSEE - UNIVERSITY PARK APARTMENTS, INC. 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 MAX TIDMORE, known to me to be the person whose name is subscribed to the foregoing instrument and acknow- ledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for thepurposes and consideration therein expressed, and in the capacity therein stated. GIV4N/ DER MY HAND AND SEAL ;OFICEhis__,,/ day of /ti0���3�.c� 1965 (SEAL) PuiSlic,' Lubbock County, Texas 1OSEPH M,OPAHAN Notary Public r � I 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 Pru of University Park Apartments, Inc., 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 University Park Apat't- ments, Inc.. a corporation, for the purposes and condideration therein expressed and in the capacity therein stated. GIVEN UNDER MY BAND AND SEAL OF OFFICE, this_ZZ�L day of 1965. (SEAL) Kota ry blic, Lubbock County, Texas