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HomeMy WebLinkAboutResolution - 051167H - Street Use License - Joe Phillips - Original Town - 05_11_1967KJ:E W 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 Joe Phillips 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 llth day of _mad , 1967. APPROVED: 'red O. Senter, Jr., City AWbrrfey STREET USE LICENSE THE STATE OF TEXAS x COUNTY OF LUBBOCK ( This License made the day of MAY , 1967. between the City of Lubbock, a Home R�unicipality,rwrein lQ "City" and Joe Phillips, 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 for the following purpose: Construction of a planter box 216" wide and 8' in length, on the sidewalk, a portion of the public way, abutting 918 Avenue J, Lubbock, Texas, described as follows, to - wit: That portion of the sidewalk area on the West side of Avenue J at Its intersection of Tenth Street abutting Lot 12, Block 86, Original Town. City of Lubbock, Lubbock County, Texas. (2) Such use shall be subject to the terms of this license, City ordinances and written approval of the City Engineer of the City of Lubbock. (3) This license is made subject to the condition that Licensee, and his successors and assigns of Licensee will at an times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and employees harm- less 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 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 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 Engin- eer, 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 with- out cause, upon thirty (30) days notice to Licensee. Said notice shall be deemed properly served if deposited in the Post Office, postpaid, addressed to Licensee at his 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, corporation, 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 and appurtenances thereto, if any, made or placed pursuant to this license if such removal is requested by the City. (6) Licensee accepts the terms, covenantee, 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 license, his successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon the City without the written consent of City in each instances. C Ifl ATTEST: g� hIll'y" Lavenia Lowe, City Secret -Treasurer LICENSEE By; JOE PHILLIPS THE STATE OF TEXAS COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for said County,, Texas, on this day personally appeared W,, D,,, ROG ZRk JR. known to me to be the person whose nacre 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 express- ed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SBAL OF OFFICE this day of , 1967. (SEAL) esteltr ety, Tlt3w�tas THE STATE OF TEXAS I COUNTY OF LUBBOCK ( BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared JOE PHILL IP% known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and con- sideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1967. (SEAL) Notary lie, rubb"k County, Twma 'x ' �I�t�".`Ct' '�d► Cruel- FitJ� ob A� R4g"A... F:.-C OR =....A N ?R'7,o "!!� +s1 -c7n MOMMEMOM 0