HomeMy WebLinkAboutResolution - 102766C - Street Use License - Manhattan Construction Co - Avenue O - 10_27_1966 GAS/cic
i
r RESOLUTION
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V BE IT RESOLVED BY THE CITY COUNCIL OF THIS 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 Manhattan Construction Company, 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 in detail.
Passed by the City Council this 27th day of v.JQctober 1966.
OGER , or
ATTE
A W4 C .
La enia Lowe, C47ty Secre ary-Treasurer
APPROVED-'._
Fred O, Senter, Jr ity Attorney
�1
STREET USE LICENSE
THE STATE OF TEXAS t
COUNTY OF LUBBOCK
This License made the 27th day of n,to 3 1966. between
the City of Lubbock, a Home Rule Municipality, herein called "CityT and the Man-
hattan Construction Company 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) DOLLARS
and other good and valuable consideration, cash in hand paid by Licensee. City
hereby grants Licensee a License fdr the following purpose: To use a portion
of the public way, as hereinafter described, in connection with the construction
of the First National Bank - Pioneer Natural Gas Company Building:
Avenue O between Attain Street and Broadway in the City of Lubbock,
Lubbock County, Texas.
Broadway between Avenues N and O in the City of Lubbock, Lubbock
County, Texas. however, subject to the City retaining a 24 foot traffic-
way to be open at all times on Broadway at the location hereinabove
described.
(2) Such use shall be oubject to the terms of this License. City ordinances
and written approval of the City Engineer of the City of Lubbock.
(S) This License is made subject to the condition that Licensee, and its
successors and assigns of Licensee will at all times defend, indemnify and other-
wise 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 at
law and in equity and costs of whatsoever kind or nature which may grow out of
or relate to the creaking 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 so as not to create any dangerous or hazardous condition
at the locations hereinabove described 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 fortk-eight (48) hours 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 Engineer's Office.
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(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,ccorporation
or organization other than Licensee except upon express written consent of City.
(?) 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 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.
(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 some 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 the City without the written consent of City in each instance.
CITY OF L OC
BY:
W. . R ayor
ATTESTS .
Lavenia Lowe, City Secretary-Treasurer
LICENSEE
MANHATTAN CONSTRUCTION COMPANY
BY:
THE STATE OF TEXAS i
COUNTY OF LUBBOCK
BEFORE WE, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared W. D. ROGERS, JR., 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
1966.
(SEAL)
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS 1
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared
of Manhattan Construction Company of Texas,
known tome 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 MANHATTAN
CONSTRUCTION COMPANY OF TEXAS, for the purposes and consideration therein
stated and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this djw of
1Q66.
(SEAL)
Notary Public, Lubbock County, Texas