Loading...
HomeMy WebLinkAboutResolution - 121274G - Release To Minnesota Mining And Manufacturing Co - Municipal Coliseum - 12_12_1974i241?.741 RESOLUTION 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 Release to MINNESOTA MINING AND MANUFACTURING COMPANY as full settlement of damages, injuries and losses occuring from installa- tion of "Tartan" Surfacing in the Lubbock Municipal Coliseum, attached herewith which shall be spread upon the minutes of the Council and as sprei upon the minutes of this Council shall constitute and be a part of this Reso- lution as if fully copied herein in detail. Passed by the City Council this_,,, ,4day of D�Ceg� 1974 . ROY BASS, MAYOR ATTEST: Treva Phillips, C' Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter; Jr., C A orney RELEASE THE STATE OF TEXAS § COUNTY OF LUBBOCK § THAT, in consideration of the sum of SEVEN THOUSAND FIVE HUNDRED AND NO/ 100 ($7, 500. 00) DOLLARS, paid to the -CITY OF- LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas, and CIVIC LUBBOCK, INC., a Texas Non -Profit Corporation, being the parties and entities undersigned executing this Release, cash in hand paid by the MINNESOTA MINING AND MANUFACTURING COMPANY, a Delaware Corporation, the receipt and sufficiency of which is hereby acknowledged, the said CITY OF LUBBOCK, TEXAS, and CIVIC LUBBOCK, INC., do hereby accept the same in full payment and in full compensation and settlement for, and do hereby release and forever discharge the said MINNESOTA MINING AND MANUFACTURING COMPANY, its legal rep- resentatives and successors, of and from all causes of action, damages, liabilities, expenses and costs, whatsoever on account of any and all warranties, guarantees or assurances, whether orally or in writing which could or may have arisen inducing the original decision to purchase and ,install "TARTAN" Brand Surfacing in the Lubbock Auditorium Coliseum, in the City of Lubbock; and including any and all statements, representations, advertising or assurances given in relation to same which may have or could have supported reliance upon same by the undersigned; and including all work, services, directions, specifications or other activities in any manner ` whatsoever related to same by officers, agents or employees of the MINNESOTA MINING AND MANUFACTURING COMPANY; and including any defects related to said flooring, its materials, construction, installa- tion, base or sub -base, whether known -to the undersigned or which may subsequently be discovered, if any for which said MINNESOTA MINING AND MANUFACTURING COMPANY could be legally accountable. The intention hereof being to completely, absolutely and finally release the said MINNESOTA MINING AND MANUFACTURING COMPANY, its legal. representatives and successors, from all defined liabilities relating to the activities above described. The undersigned understand and agree that the payment of said sum be is not to/ as an admission of any liability on the part of the said MINNESOTA MINING AND MANUFACTURING COMPANY, and the undersigned represent that the execution of this Release is a voluntary a ct and that no representations were made on behalf of the MINNESOTA MINING AND MANUFACTURING COMPANY, by its legal representatives, agents or employees as an inducement for the execution of this Release. The undersigned warrant that no part of this claim against the MINNESOTA MINING AND MANUFACTURING COMPANY has been assigned to any other person or group of persons in whole or in part. It is understood that no person or persons has authority for or, on behalf of the MINNESOTA MINING AND MANUFACTURING COMPANY to make any representation or promises or offer any consideration not herein expressed. Each of the undersigned have read or have had read to each of us, all the foregoing Release, and each of us have voluntarily executed said Release as the act and deed of the entity indicated and for the purposes and consideration herein expressed this the day of December, 1974. This Release is executed on behalf of the City of Lubbock, Texas, by its Mayor, ROY BASS, as duly authorized by Resolutiqp of the City Xi Council of _the City of Lubbock, ,Texas, dated the / L.—--y of December, 1974; and on behalf of CIVIC LUBBOCK, INC., a Texas Corpo- ration , by its President, W. R. MOSS, as duly authorized by Resolution -2- of'CIVIC LUBBOCK, INC., dated the 6th day of December, 1974. The CITY OF LUBBOCK, A home CIVIC LUBBOCK, INC,, A Rule Municipal Corporation of Texas Non -Profit Corporation Lubboc ounty, Texas '7ROY SS- - MAYOR R MOSS, PRESIDENT ATTEST: T T: c TFtEVPi PHTLL S JO N A. SEIL City Secretary -Treasurer Sec tary APPROVED AS TO FORM: V� FREA�.E , , City Attorney 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 ROY BASS, known to me to be the person whose name is subscribed to the foregoing instru- ment and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK, TEXAS, and as its MAYOR., for the pur- poses and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office, this the 2.3rtday of December, 1974. r THE -STATE OF TEXAS § COUNTY OF LUBBOCK § T RY PUBLIC, in and for Lubbock County, Texas My commission expires June 1, 1975. BEFORE ME, the undersigned authority, a Notary Public in and for said Ccu nty, Texas, on this day personally appeared W. R. MOSS, known to me to be the person whose name is subscribed to the foregoing' instru- ment and acknowledged to me that he executed the same as the act and deed of CIVIC LUBBOCK, INC„ a Texas Non -Profit Corporation, and as its President, :fo;r the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN under my hand and seal of office, this the ,�p��day of December, 1974. NOTARY PUBLIC, in and for ` Lubbock County, Texas My commission expires June 1, 1975