HomeMy WebLinkAboutResolution - 2021-R0204 - Street Use License with 2 Sparks and Co. and Burklee Hill VineyardsResolution No. 2021-R0204
Item No. 7.13
June 8, 2021
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
[AT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on
ralf of the City of Lubbock, a Street Use License by and between the City of Lubbock and 2
arks and Company, LLC, and Burklee Hill Vineyards, LLC, and related documents. Said
sense is attached hereto and incorporated in this resolution as if fully set forth herein and shall
included in the minutes of the City Council.
Passed by the City Council on June 8, 2021
DANIEL M. POPE, TkAYOR
TTEST:
Rebe ca Garza, City Se e ry
APPROVED AS TO CONTENT:
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
R n ooke, Assistant City Attorney
ccdocs/RES.Street Use License-Burklee Hill Vineyards
5.12.21
STREET USE, LICENSE
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
This License made this 8th day of 111ne , 2021, being the
date of this License between the CITY OF LU13I30CK, TEXAS, a Home Rule Municipal
Corporation, and 2 SPARKS AND COMPANY, LLC and 13URKLEE HILL VINEYARDS,
LLC, hereinafter called `LICENSEES."
WITNESSF ITI:
Subject to the terms, conditions, and provisions herein, the CITY OF LUBI3OCK does
hereby grant to the IICENSEES, the right, privilege and license the use a portion of dedicated
streets for semi -enclosed outdoor seating located in front of the business, and being more
particularly described in attached Exhibit "A."
The term of this License shall be for two (2) years from date hereof, and shall be
automatically extended for successive two (2) year terms not to exceed eight (8) years in any
event unless either party shall give written notice of termination to the other party before the
expiration of the first, second or third two (2) year term, as the case may be, and the CITY OF
LUBBOCK retains the right at its election to cancel and revoke this License, with or without
cause, upon thirty (30) days notice to LICENSEES. Said notice shall be deemed properly served
if deposited in the post office, postage paid, addressed to LICENSI:;ES at 1109 Broadway
Street, Suite A, Lubbock, Texas 79401, or the last known address of LICENSI:I;S, as provided
to the City Manager of the CITY OF LUBBOCK by I,ICI?NSI I;S.
Upon the expiration or cancellation and revocation of this License by the CITY OF
LUBBOCK, or the abandonment of this License by the LICENSEES, the improvements that are
permitted under this License shall be removed by the LICENSEES and the property shall be
restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event
LICENSEES fail or refuses to remove such improvements after demand by the CITY OF
LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed
such improvements, and the expense incurred shall be assessed against LICENSEES, for which
LICENSEES shall be liable.
1. LICENSEES shall pay to the CITY OF LUBBOCK as compensation for such
grant the sum of FIVE HUNDRED AND EIGHTY-FIVE AND N01100 DOLLARS ($585.00)
cash in advance contemporaneously with the acceptance and execution hereof by LICENSERS
for the first two (2) year term of this License, and thereafter such rate of compensation may be
changed for each succeeding two (2) year term by the CITY OF LU13BOCK to a rate of
compensation which is based on procedures and policies as established by the City Council of
the CITY OF LUBBOCK, based on an appraisal of the fair market value of such land by the
Right -of -Way Department of the CITY OF LUBBOCK, as applied to the formula for
determining such rate established by the City Council. If such rate is not changed by the CITY
OF LUBBOCK, the rate for the preceding two (2) year term shall apply. The CITY OF
STREET USE LICENSE
LUBBOCK shall notify the LICENSEES of any change in rates in writing ninety (90) days
before the start of the two (2) year term to which such change in rate shall apply, and if such
notification is not made, then the rate for the preceding two (2) year term shall apply.
2. The LICENSEES agrees to pay all costs arising out of the exercise of this License
herein granted including, but not limited to, the cost of cleanup of any oil, hazardous substance,
or other material, the replacement and repair of paving, sidewalks and utilities of any nature
damaged as a result of the construction authorized by the License.
3. In the event the CITY OF LUBBOCK determines that the License herein granted
interferes with or causes the rerouting or realignment of any public utility, franchised utility or
sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or
franchised utility, LICENSEES agrees to reimburse the CITY OF LUBBOCK or such utility, as
the case may be, for its expense in relocating or rerouting over and above the expense which
would have been incurred except for LICENSEES' use herein.
4. This License is not transferable by the LICENSEES without first receiving the
written consent of the City Manager of the CITY OF LUBBOCK.
5. This License is made subject to the condition that should the LICENSEES
exercise any right under this License and prepare or begin or complete any part of the
construction as herein contemplated across any or all of the above described property, then and
in that event, said LICENSEES, its successors and assigns, will at all time defend, indemnify and
otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any
and all claims, demands, actions, causes of action and suits at law or in equity of whatsoever
kind or nature which may grow out of or be related to the making of this License or the
construction or maintenance use permitted herein. The CITY OF LUBBOCK, at its option, may
require an agreement with any contractors hired by LICENSEES to perform the construction,
repair or maintenance permitted herein, which agreement will indemnify the CITY OF
LUBBOCK from and against all claims, liability, cost and expense growing out of the
performance of the work to be done by such contractors. The CITY OF LUBBOCK may further
require any of said contractors, when engaged in the construction, repair or maintenance
permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond,
in an amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the
faithful performance of all the terms, covenants and conditions contained in said agreement, and
a certified copy of a policy of public liability insurance assumed by said contractors in said
agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to
LICENSEES prior to incurring any costs or expenses or the payment of any such claims or
demands in order to give LICENSEES a reasonable opportunity to settle or adjust the same.
6. LICENSEES agree and are required to furnish a policy of public liability and
property damage insurance within limits specified by and in a form satisfactory to the City
Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the
insured, said policy covering the uses herein granted.
7. All of the covenants and provisions of this License shall be binding upon and
inure to the benefit of the successors, legal representatives, assigns and the duly authorized
STREET USE LICENSE
agents and contractors of the parties hereto to the same extent and effect as the same are binding
upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEES,
its successors or assigns shall be binding upon the CITY OF LUBBOCK without the consent of
the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4).
8. LICENSEES, by the acceptance of the uses permitted herein, understands and
agrees that no interest, title or rights of possession are intended or implied except those expressly
set forth herein, and LICENSEES waive any and all claims in and to the public way it is
permitted to use hereby and agrees to give peaceful possession of said property covered herein
upon termination or cancellation of this license. No interest for real property is conveyed or
granted by this License.
9. The CITY OF LUBBOCK reserves the right to exercise any right or remedy
available to it by law, contract, equity, or otherwise, including without limitation, the right to
week any and all forms of relief in a court of competent jurisdiction. Further, the CITY OF
LUBBOCK shall not be subject to any arbitration process prior to exercising its unrestricted right
to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and
may be exercised concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this document, this provision shall control.
AGREED TO AND ACCEPTED this y l_6 — day of PY ►"""I 12021.
CITY OP LU OCK BURKLEE HILL VINEYARDS, LLC:
Name: PS4JA
DANIEL M. PO , MAYOR
AT'ITST:
Rcl 'ccaCity acre ry
Title: P"1
2 SPARKS AND COMPANY, LLC
Name: n�
Title: /"(eo.yer
STREET USE LICENSE
APPROVED AS TO CONTENT:
Michael Keenum, P.E., Division Director of Engineering/City Engineer
E ' ' : 6I907: welI,1T3�
Rya B oke, Kssiftant City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared Daniel M. Pope, Mayor of the City of Lubbock, 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 consideration therein expressed and stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this T�'l• day
of 1202 1.
Notary Public inifind for the State o cxas
CAITLYN E. ENGLISH ^�
Notary Public, State of Texas My Commission Expires:
NosarylDt 13165641.1
My Commission Expires 07-25.2022
691Y701:10111toa[a]W A
THE STATE OF
COUNTY OF
BEFORE ME, the undersigned,thority, a Not ublic in and for said County and
State, on this day personally appeared �1 zak� a TI1 l , on behalf of BURKLEE
HILL VINEYARDS, LLC, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed and stated.
G V N UNDER MY HAND AND
,2021
iPFWPC'a._ Sidnee Mcoonald
IF 44J b My commm&w EXP'M
y24
; :j 1�032531232
, di;0
THE STATE OFJ%
COUNTY OF ��ffi V�
SEAL OF OFFICE this A day of
!/ 1!/Vlli{.C/ AUV, M
Notary Public in and for the State of Texas
My Commission Expires:
BEFORE ME, the undersigned aut oPr�tty a Not r y blic in and for said County and
State, on this day personally appeared (I AQ �� 1 K on behalf of 2 SPARKS
AND COMPANY, LLC known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed and stated.
GIUDER MY HAND AND
2021
MCKI'NZ1E SMITH
.'..•B i
�•�„ _Notary Public, state of exaa
Comm.Exp free 08.242024
�r
Notary ID 130716403
'nnna�
Licenses -Street Use-Burklee Hill Vineyards
5.12.21
SEAL OF OFFICE this 1 day of
Notary Public in and for the State of Texas
My Commission Expires:
STREET USE LICENSE
N Proposed Street Use License for Outdoor Seating Area
® ®®® MAIN Si (-450 sq. ft. total) Located in the Broadway ROW Adjacent to
®® M ®® ® Lots 19 & 20, Block 132, Original Town of Lubbock
MEO
t BROA®®�DWAY
13TH ST Q
0 8,:11 b2 13 1'4 15 6-7 8 9 '10
-
,
5' 2 25' 25' 25' 25' 25' 25" 25' 1 25' "" 25' 25`. 25' 25'
Suddenlink has '
k. � aerial cables north r—
+�
' south in adjacent '' - . 1 Proposed Street Use
alley. Nothing •ROADWAY License Area
curbside in � � � � � � �' ` 9'X 50' (--450 sq. ft.)
proposed area. IF:
25' 25'_ 25' . 25' '-25 �`` - 25' 25' 25' ?5' 25' 25' 25' 25'
r. .1
a , 8 17 16 120 '19 W
p
25'
15"15.iJ ZO 6
pa
■ 14>• i. 1 4' ry Digital Orthophotogrtpliy bay 201
Feet
0 25 50 100 150
As required by Chapter 2051, Geospatial Data Products of the Government Code, this product is for informational purposes 3 City of
and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an l3 i,ubboek
on -the -ground survey and represents only the approximate relative location of property boundaries. I THIS