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Home My WebLink AboutResolution - 6470 - Street Use License - Kirt Villyard - Outdoor Dining Area With Tables - 08_26_1999Resolution No.6470 Aug. 26, 1999 Item No. 21 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 with associated documents with Kirt Villyard for an outdoor dining area with tables. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 26th day o August 1999. 4S, Y A T ST: Ka amell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way gent APPROVED AS TO FORM: Linda Chamales Supervising Attorney/Office Practice gs/Kiri VWyatd.res mdms/August 5, 1999 Resolution No. 6470 Aug. 26, 1999 Item No. 21 STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 26th day of August 1999, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and KIRT VILLYARD, Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of a dedicated street for an outdoor dining area with tables, and being further described as follows: BEGINNING at the Southeast comer of Lot 23, Block 230, Original Town Addition to the City of Lubbock, Lubbock County, Texas: THENCE East 8.5 feet to a point; THENCE North 48.00 to a point; THENCE West 8.5 feet to a point; THENCE South 48.00 feet to the PLACE OF BEGINNING. The term of this grant shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years in any event unless either party shall give written notice of termination to the other party sixty (60) days before the expiration of the first, second or third five (5) 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 LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at P.O. Box 5964, Lubbock, Texas, 79408, or the last known address of LICENSEE. Upon the expiration or cancellation and revocation of this license by the CITY OF LUBBOCK, or the abandonment of this license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove 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 LICENSEE, for which LICENSEE shall be liable. 1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of FOUR HUNDRED EIGHT AND N0/100 ($408.00) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this license, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK 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 five (5) year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in writing ninety (90) days before the start of the five (5) year term to which such change in rate shall apply, and if such notification is not timely made, then the rate for the preceding five (5) year term shall apply. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted including, but not limited to, 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, LICENSEE 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 LICENSEE'S use herein. 4. This license is not transferable by the LICENSEE without first receiving the writ- ten consent of the City Manager of the CITY OF LUBBOCK. 5. This license is made subject to the condition that should the LICENSEE 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 LICENSEE, its successors and assigns, will at all times 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 LICENSEE 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 LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 6. LICENSEE agrees and is required to furnish a policy of public liability and prop- erty 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 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 LICENSEE, its successors and 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. LICENSEE, 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 LICENSEE waives 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. below: LICENSEE also agrees to follow the guidelines and stipulations as declared a. The outside dining areas/patios shall be completely surrounded by an architecturally compatible fence (three -feet in height) designed suitably to prevent trash from being blown onto adjacent areas, per attached drawings/specifications. No advertising or signage shall be placed on the fence. b. Any amplified sound shall comply with 29-16(b)(4) and shall be limited to background music. No public address system that announces orders or calls to patrons shall be allowed. C. Consumption of alcoholic beverages shall be required to meet all state and local laws or regulations. Any containment of outside dining areas required by state law or regulation shall be applicable. The outside dining areas/patios shall be accessed by a door or doors from the building only. No open access shall be permitted from outside through the fence (emergency exits with approved panic hardware shall not be considered open access.) d. Premises covered by this permit shall be kept free of litter and debris at all times. e. Outside furniture, planters, or trash receptacles, are permitted only as described by attached drawings/photos, including description of materials and colors. f. Fence supports/stanchions shall edge of the concrete sidewalk to affixing fence supports to the drawings/specifications. be set back a minimum of 6" from the avoid chipping or damage. Methods for sidewalk shall be detailed in attached STREET USE LICENSE g. Failure to comply with conditions of the street use license constitutes grounds for license revocation, upon 30 days of written notice. CITY OF LUBBOCK BY: WWDY SITT 1, A EST K yt Darnell, City Secretary -Treasurer APPROVED AS TO CONTENT: 46-� 6 `- Ed Bucy, Right-of-NWy Agent APPROVED AS TO FORM: Linda Chamales Supervising Attorney/Office Practice AGREED TO AND ACCEPTED this vve 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 WINDY SITTON, 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 she executed the same as the act and deed of the CITY OF LUBBOCK and as its MAYOR for the purposes and consideration therein expressed and in the capacity herein stated. )21VEN UNDER MY HAND AND SEAL OF OFFICE this " day of L �' /g = Mattaryr PrtbHc, gate at 1�as i;�f._:/�+.c tat' Comnd� Etpves O6•zs U1 THE STATE OF TEXAS COUNTY OF LUBBOCK '1999. Notary Public, Lubbock County, Texas My Commission Expires: (ar/��`�a 1 BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared KIRT VILLYARD, 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 stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /0-4 day of 4--c of l , 1999. " "� WARD WILSON BUCY Notary Public State of Texas �0 elY Commission Expires 11-21-99 D5.4/SU License -Kurt Villyard August 5, 1999 Notary Public, Lubbock County, TexmK My Commission Expires: b � & 1 ^ 49 STREET USE LICENSE q"-Y .4,4E . ----N �vw V-LF-lGY- Wi %L-V-WAI f -r—rASvJ�Y rP-O�- IR00 FENtE *(A . / yr ICI �`f L-4owY �E rrt eE SCAI�rc I T° b I FT. .. PARAMO.NKCFIDA �rAT� w/7HTH� N�1NtPa�C*- 0N -TO � A c4e- �IJQ.,r�c7N I + AC - FAT IO I70o- EI��N�c FvRNITunc WILL. Be. 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