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Resolution 1924/03/17 (4) m1S0LUTION ACC&l?TING WARREN BliOTHliRS COi4P ANY AG:R&EMBNT. RESOLVED, by the Mayor and Common Council of the City of Gilroy, that the Warrenite-Bitullthic lioense mixture agreement, dated the 17th day of March 1924, and received on this day from Warren Bros., Com:pa.l1y, said agreement being in relation to Faving with Warrenite-Bitulithic Pavement of the road~~ys of oertain streets in the City of Gilroy, as set fa: th in "liesolution adoFting Flans and s:pecifioationstt v.nioh resolution was passed and adoFted by the Mayor and Common Council of the City of Gilroy on the 17th day of March 1924, and is hereby referred to and made a:p&rt hereof, be and sai d agreement is hereby acoepted, as are also the Frovisions of said Warren Bros., Company as set forth therein, and said agreement is hereby direoted to be filed on this 17th day of March 1924, in the office of the City Clerk of said City. .. - - - - - - 1 hereby oertify that the foregoing resolution was duly anti regularly passed and adoFted by the Mayor and Common Counoil of the City of Gilroy at an adjourned regular meeting of said Counoil held on the 17th day of .1:.I1s.rch 1924, by the follow- ing vote: AYES: COUNCILMEN E. J. ClJer;brn, C. 1:;. FrccLrickson, A. W. Drown, GeraltL Hecker, Chaq. "i. ~;cl-)ernel; NOES: COUNCILMEN None: ABSENT: COUNCILMEN Wm. lladtke. APP~~~ ) 1~;/ft{~0 .}; t~-r:j c-,q/ '" ~ ~ / J4a.yor of the Ci ty of Gilroy. / 8J . WARREN BROTHERS COMPANY VV ARRENITE-BITULITHIC LICENSE MIXTURE AGREE.MENT FOR CALIFORNIA BOSTON, MASS. ,uM~.;r9..bu."1.7..1.~.24"".....19..,,........ To the Honorable uOityuuCounc.iLu..uu...u......u..uuuu... .....................~.~t.y....<?,,~...~~.~.~.~.1..........."..u....... California GENTLEMEN: Whereas, it is deemed advisable by the proper authorities of the..u....u..C.i.1i.Y......Q..:f....Gl1r Oy.........."".."......................""... ..................................."...."...."................................................................................. S ta te of California, tha t ....................................................................................................... ................... ThatFIHST S'fRE..8T, from the west line of Hanna Street to the ................... west line of Hanna. Street; also, That S8CO}:D 5Tllii:E,if, from the west line of Hanna Street to the ....".............. west line of ~ionterey Street; also, WARR .................... That THIRD STR~T, fran the west line of Hanna Street to the tached west line of :Monterey Street; also, WI WI That E'OU.iiTH STRE.2T, from the west line of Hanna. Street +.J the west line of Montere~r Street; also, compet . of pave That Jn~'TH STR.::ET, frcm the west line of Oarmel 9treet to the WI we st 1 ine of :Monterey Street; also, Th ..9..tt..Y That SIXTH STRE.'::iT fran the west line of Hanna Street to the west line of Monterey Street; also from the wast line of asmay Monterey Street to a point 65 feet east of the easterly line of named: },iIaple Street; also, WARR ...............Q. That SE'V31"TH STREET, from the we s t line of Hanna. Street to the and wh, west line of Railroad Alley; also, WARR provem That BODi!'ISH },ULL ROAD, from the west line of Hanna Street whoma westerly for a distance of 150 feet; also, BITUL That H.A.NNA STREET, from the north line of ]'irst Street to a point ZlO feet south of the south line of Seventh Street; a~o, That ROSAmrA STREr.~T, from the north line of First Street '" a point ~50 feet south of the south line Of Seventh Stre?'; al so, That CHURCH STREET, from the north line Of First Street to a pOint 410 feet south of the south line of Seventh Street; alsO, That ElQE.I.iBBRRY 3TRl!AET,~ from t1le north line of I!'irst Street to a point 450 feet south of the south line of Seventh Street;also, That MONTEREY STREET, from the south line of Fifth Street to the North City Limits; also, That RAILROAD STRE'E.T, from the north line of Lewis Street to the north line of Old Gilroy Street; also, Tba t ALl3XAlj'DER STREET, from the north line of Lewi s Street to the north line of Olu Gilroy Street; also, That ]'ORSST STREBT, from the north line of Lewis Street to the north line of Old Gilroy Street; also, That LEWIS ST~T, from the east line Of Monterey Street to a point 150 feet east of the easterly line of Forest Street; also, That the Alley running easterly and westerly in B.2.N.R.l.E,also, That MARTIN STRE:ST, from the east line of Monterey Street to the east line of Forest Street; also, That MARTIN IJiliE, from the east line of Monterey Street to the east line of Forest Street; also, That OLD GIL...qOY S'2ID5J;T, from the east line of Monterey Street tothe Easterly Oity limits; also, That DEPOT AVENUE from the east line of Monterey Street to the east line of Railroad Alley; also, IJ'n<> t. R A TT .RO An ALLio'.Y. t'r an the 50uth 1 ine of Deuot Avenue to with the ereto at- for such :he kind I by the ceedings Ie above awarded s with the for the im- ~rty owners, ',RENITE- ~ until this offer is withdrawn, or an amended proposition is filed with the proper authorities, the following material ready for use, as specified and required under and by said specifications, and service, with the right to use any or all of the J;>atents, trade marks, or trade names now owned or which may hereafter be owned by WARREN BROTHERS COMPANY, necessary to lay said pavement. 1. The necessary mixture for the wearing surface prepared under the patents of WARREN BROTHERS COMPANY, and in accordance with the said specifications of the.....c..1.t.y.....o.f....G.1lrO.7....................................,......................... ...................................................,..................,................,.........................................................................., delivered hot in wagons of the contractor at the W ARRENITE-BITULITIllC mixing plant located within...............tbr.S......J.3.1.....................................................................,................... ......................................................................................................................................................miles of the work to be performed. 2. An expert, who will give advice as to the building of such pavement, will be furnished to the City or Contractor at the expense of Warren Brothers Company. 3. Daily examinations of the mixture as delivered on the street will be made at the Laboratory of Warren Brothers Company; said samples to be sent, prepaid, to the Laboratory of Warren Brothers Company, Potter Street, East Cambridge, Mass., or 289 East Salmon Street, Portland, Ore., by the City or Contractor. The price at which said material and service are offered to said....9.i.1y......Q.f......G.1..1.t.Q.~............................,............................ ...................................................................and to all contractors who make a bid on WARRENlTE-BITULITIllC pavement for said roadways, and to any and all property owners who may elect to do the work and enter into a contract to pave said roadways with said W ARRENlTE-BITULITIllC pavement is......JI1ns.....and......6.01-ID.Q,.......................... ( $ ..... 9....60..................) per..........t.QJ1........................of surface mixture furnished, as provided by the specifications for the con- struction of said work. It is understood that if on account of war conditions or by reason of fire, flood, the common enemy or for any other cause beyond the control of Warren Brothers Company, it is unable, after the exercise of reasonable diligence to secure the shipment of materials or procure the necessary labor for doing the work, that a length of time will be granted to Warren Brothers Company in which to comply with this offer, corresponding to the length of time during which it was unable, for any of the above causes, to proceed with its undertaking. The execution of the contract for the said work on the said roadways by the successful bidder and the..................... S.up.t........o.f.....S.tr.se.t.aj................., shall be deemed by WARREN BROTHERS COMPANY to be an acceptance of the proposal by the...... ........... .............0 1.'ti:.....Q~.....Gilr.Ql'...............................................and by the contractor and shall bind the undersigned WARREN BROTHERS COMPANY to this agreement. The word "Contractor" as used herein shall be deemed to include not only such successful bidder with whom such a contract may be made and entered into, but also property owners who may elect to take any work and to enter into a contract therefor. Respectfully submitted, WARREN ~~H~..PANY, .By.......~..OJ..=~.......................... And.....4:t1;Qr.ne.y.....1n....fa.o.t..................... i'