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Warren Brothers Company WARREN BROTHERS COMPANY W ARRENITE-BITULITHIC LICENSE MIXTURE AGREEMENT FOR CALIFORNIA B M 1i1"'b"'ll.C"',T .1:::, 19 ')R OSTON, ASS.,.................. ~."'...... .....-to.......... ../:of.",.. To the H onorable............G..t..:t.y......9.9..1?:p:?,j,1..l............................................ ..............................Ci.t:;.....-0.f.....G:.i.lr..o..:\t................... California \ ~ GENTLEMEN: Whereas, it is deemed advisable by the proper authorities of the....................Q.i.:ty.......Q.f.....G.i.l.~Q.11................................... _.._____.__ooo___.._.............._.._........ooo............._.............__~State...QLCa.liiornia.hereinafter designated "party of the first part" that .......Q.e.r..tain....s.t.r..~.~.t.S...,.....g.v..Q.nll.Q{t,.....g.Q.n.l.s2.Y..L;\-:..q..f.?t......g:),1..~.y..f:?......S!.t..9..~..J................................................. .................................................................................................................................................................................................................................................... be paved with th e W ARRENITE-BITULITHIC pavement, under and in accordance with specifications of the said party of the first part a copy of which is hereto attached and is hereby made a part hereof, and Whereas, the said improvement requires the use of certain patents, and Whereas, the undersigned WARREN BROTHERS COMPANY is the owner of all such patents: Therefore, for the consideration hereinafter named, and in and for the consideration of the adoption by the party of the first part of Resolutions or Ordinances of Intention and such other proceedings as may be necessary to provide for the improvement of the above named roadways in accordance with the above named specifications; WARREN BROTHERS COMPANY hereby proposes and agrees to furnish to the party of the first part and to any bidder to whom a contract may be awarded and who shall enter into a contract with said party of the first part to pave said roadways with the W ARRENITE-BITULITHIC pavement, and to owners of lots and lands proposed to be assessed for the improvement of said roadways in said..................C.it.~....................................................................... hereinafter designated as property owners, who may elect to take the work and enter into a contract to pave said roadways with the said WARRENITE-BITULITHIC pavement, at any time within four (4) months from this date, or at any time thereafter 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 patents, 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 party of the first part, delivered hot in wagons of the contractor at the W ARRENITE-BITULITHIC mixing plant located within...........fi.1T..e.............................. ....................... (......Q...) 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, 38 Charles River Road, Cambridge, Mass. The price at which said material and service are offered to the party of the first part and to all contractors who make a bid on WARRENITE-BITULITHIC 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 ARRENITE-BITU- LITHIC pavement is.l:.ine.....~.nd...._5.ol.1D..o..~..a..Q.ll.!;l~.S.... ( $ ..... ~."..R.Q...................) per .............t..9.XL.................. of surface mixture furnished, as provided by the specifications for the construction of said work. It is understood that Warren Brothers Company reserves the right at its option to employ the facilities of the successful bidder or of others to produce such mixtures under the supervision of Warren Brothers Company. It is further 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'~f mate~iai~-~p~oci.ire-the necessa.rY 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 and between the party of the first part and the successful bidder, shall be deemed by WARREN BROTHERS COMPANY to be an acceptance of the proposal by the party of the first part and by the contractor and shall bind the undersigned WARREN BROTH- ERS 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, WARRE~RO~JJCOMPANY, BV....~Lt~..._...._...._.......... And..............Att.OI.UEl.;v.-:::.in::::.:L&.c.t.......... ...,... DISTRICT OFFICES NEW YORK:N.Y. CHICAGO. ILL WASHINGTON. nc. ST. LOUIS. MO. PORTLAND. ORE. HARRISBURG. PENN. MINNEAPOLIS.MINN. NEW ORLEANS. LA. SALT LAKE CITY. UTAH LOS. ANGELES. CAL. UTICA. N.Y. BIRMINGHAM, ALA. MAIL ADDRESS P.O. BOX 1869 BOSTON. MASS. F.M.SHALLUE DISTRICT MANAGER WARREN BROTHERS COMPANY Gxecutive Offices BOSTON, MASSACHUSETTS. U.S.A. (CAMBRIDGE A STATION) SOUTHWEST DISTRICT OFFICE 2779 POPLAR STREET OAKLAND. CALIF. Febraory 25, 1928. .. !,'r TTC"l-.,.,r 'P wl'she'. ",. . .u. -' ~;; .u ..l.: .... t G r, -.. ;i ""1 1)..., '1'" '1:) 1'1 C^ ''t c;..:..J., 1_ ........l. J)u.......,\...J....I. (.~b · t . ~an Joso, Callfornla. DeD,I' S 11' : l~efer:'il1G to Clc.llse iJl Cri)J.' LicerlEc HiYtu"e' '"ren"('1C'l1t 'liV"E'.-,'eill ''JIC' ." "".1.' ,.... n +-t 0 'C"j""'-1l "'~1~ ",", i .. _.... .t.....u -J......""".. t __..:~ .. <.;.i.,_,.-' v'../ .' ~ v_~ .k_..... ~..'--... '-'\.......1 eXI)cT t c1:u'LY" the oon2 tl'llCt :Lon of 0111' ts ~ --, ')np' +0 st,-}-c" tl,,..,t -i t -1 c.' ,),n' T,01J'r."T ti.... "l"l'"'"'~ 11''-,'''7C l.... ....,;....- L' , \"'t, ..) _ _ ...I",A......J.. u '- ..........,J,...~ + ..... d ;.J l-', \I' '-" ~j - - u" &11 illS pc d -tOl' 011 tl~le l)lLYlt C orlt j~:~l.1).:YllS l~l i Ie D Li t1. l)lo.nt is tlJJ7'l1il1(j o:J.t s.nJ '.iliI'l'c;dl:i.tc- tuli thic mix- tiE'O, tiS &1:: <:ls:.'nl'::.n1CO thLt ~,lixtt:1.l'e [.is t:J.].'Ded O'lt ve'ill in L.ll ef'C'::<l')e(.t"-~ rn~'pt t118 roo']ii'erne'1t(~ )f ~r~~:-e;i'8;;ifiG=tj ()2~~:. - '~, ",,,." . :I." ,.' '-- DISTRICT OFFICES PHOENIX. ARIZ CHARLOTTE. N.C. OKLAHOMA crn; OKLA. OAKLAND. CAL. DALLAS. TEXAS MEMPHIS. TENN. VAN COUVER. B.C TORONTO. ONTARIO SYDNEY. AUSTRALIA MELBOURNE.AUSTRAlJA. BUENOS AIRES.R.J\. TOKIo. JAPAN TELEGRAPH ADDRESS S8 CHARLES RIVER ROAD CAMBRIDGE' . 'MASS CABLE ADDRESS 'BlTULITHlC' POI' .;01)1' in:r:O:~TnutiClE, 8.11 0-1' our 121- s:;)ec;tors hUY8 ("1 0"3veTLl ~'e::":1'8 continou.s cxpOrif;1"JCe [;l~Ld ~-,.1.'8 GJ=-~)Grts ill t!'ll.S lille. YO~~ . _ ~~: 211