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Home My WebLink AboutResolution - 2013-R0104 - Street Use License - Panda Express Inc. - 03_28_2013Resolution No. 2013—RO104 March 28, 2013 Item No. 5.9 REIS()L TION BE IT RESOLVED BY THE CITY COUNCIL OF TI 1E CITY 01 11113130C'K: THAT the Mayor of the City 0f Lubbock is hereby authorizcd and directed to execute far and on behalf of the City of l.ubbock, a Street Use License, by and between the City of Lubbock and Panda Express, Inc. `/o Panda Restaurant Group. 111c., and all related documents. Said Liccnsc is attached hereto and incorporated in this Resolution as if fully set fart El herein and shall be includCd 111 the minutes oi'the City Council. Passed by the City Council this _Xarch 28, 2013 , 2013. GLEN B • 'I'SON. MAYOR ATTEST: Rebc ca Garza, City Secretary APPROVED AS TO CONTENT: Q416 gz"V� Dave Boohcr, Right -of -Way Agent APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney giccdacsl51 Use Panda Express, Inc. 03.18.2013 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, «,i11 at all time: defend, lndeninily and otherwisc 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 etluity of whatsoever kind or nature which may grew 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 wills any contractors hired by LICENSEE to perform the construction, repair or inaintcnance permitted licreiil, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cast and expense growing out of the performance of the work to be clone by such contractors. The CITY ❑F LUBBOCK may further require any of said contractors, when engaged in the construction, repair or maintenance pcnnittcd herein, to furnish, without expense to) the CITY OF LUBBOCK, a reliable surety bond. in an aniount 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 clairns or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. b. LICENSEE agrees and iS rceluired to furnish a certificate 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 an additional insured, said policy covering the uses herein granter]. 7. All of the covenants and provisions of this License sliall be binding upo�l arld 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 or assigns shall be binding erpon the CITE' 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, tuu]crstands and agrees that no interest, title or rights of possession are intended or implied except those expressly set tirrth 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. No interest for real property is conveyed or granted by this License. 9. 'rile 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 seek 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 arc 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 sliall control. ATTE5'r: Rel}c -a Garza, City Secretary APPROVED AS TO CONTENT: 4 9 -,-:: �-,, � / � C11 �- Dave Boolier, Right -of -Way Agent Cl'I' �' Ol' LUBBOCK By: GL RTSON, MAYOR SS RFUT [ ISM= 1 1CCV5C f ANDA I-XPRJ,SS INC. APPROVED A c •rO FORM: Chad Weaver, Assistant City Attorney AGREED TO AND ACCEPTED this ma'Q1� s �, 2013. PANDA EXPRESS, INC. PANDA RESTAURANT GROUP, INC. By: ~�— e`}��l Q, - CCD 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 GLEN C. ROBERTSON, 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 in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this .2013. Notary Public in and for the State of Texas My Commission Expires: THE STATE OF COUNTY OF BEFORE ME, the undersigned authority, a Notary !�� and for said County and State, on this day personally appeared known to me to be the person whose name is subscribed to the foregoi in ment and acknowledged to me that he/she executed the same for the purposes and consi therein expressed and as an act and deed of said Panda Express, Inc. % Panda Restauraq p, Inc. GIVEN UNDER MY HAND ANQ SF,XL OF OFFICE this , 2013. gskityatt/Sueet Usc Lie -Panda Express, Inc. 03.18.2013 Notary Public in and for the State of Texas My Commission Expires: STREET USE LICENSE PANDA EXPRESS INC. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES On March 22, 2013 before me, JEFFERY FONG, Notary Public, personally appeared PEGGY TSIANG CHERNG, who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is/efe subscribed to the within instrument and acknowledged to me that lie/she/" executed the same in bis/her/tom authorized capacity(ies), and that by his/her/tt signature(s) on the instrument the person(®), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my name and official seal. JEFFERYFONG Commission # 1951973 effe Fong a -m Notary Public - California z z Los Angeles County ' No ry Public in and for the My Comm. Expires Se 12, 2015+ State of California My commission expires: September 12, 2015 STREET USE LICENSE Re: Certain Real Property located within LUBBOCK, TX Signer. Peggy Tsiang Chemg, Co -Chairperson and Co -CEO of Panda Express, Inc., a California corporation U-1 I--IL.1G0REED ANDAg8cOCiATE91601 AVENUE N / LU880cK, TlxA3 70�01 /eob. r iNC. Tl7fAS R!OIIT!R!V HNOINSERNO FIRMAX �F.760 LAN D 9UVEYO RS Texas LICEN8H0 SURVEYING FIRM 100/76.00 CIVIL ENGINEERS EXHIBIT METES AND BOUNDS DESCRIPTION of a portion of 3rd Place being further described as follows: BEGINNING at a 1° iron rod found in the East right-of-way line of University Avenue and the North right-of-way line of 3rd Place, at the original Southwest comer of Lot 13, Block 1, Paul M. Crouch Subdivision of Blocks 15 and 16, Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication deed thereof recorded In Volume 98, Page 542, Deed Records of Lubbock County, Texas; THENCE East, along the North right-of-way line of said 3rd Place, a distance of 241.10 feet to a 1 1/4" Iron rod found at the original Southeast comer of Lot 17, Block 1, said Paul M. Crouch Subdivision; THENCE South, a distance of 12.00 feet to a point; THENCE West, a distance of 241.10 feet to a point In the East right-of-way line of said University Avenue; THENCE North, along the East right-of-way line of said University Avenue. a distance of 12.00 feet to the Point of Beginning. Bearings relative to the East right-of-way line of University Avenue being previously recognized as North -South. Contains: 2.893 square feet January 27, 2012 Daniel E. Martinez Registered Professional Land Surveyor No. 4515 State of Texas - z j as; ''a ; 3 15. 1s; 17 19 is;tao ' an 7i i :R •Ini,r �G•I7;r a•, E6 I rD .3Rp 5T UJ 16 rr '�_ri� 1:i id �;1:r '•'l6' •17; .iJ 20 •2i 122 j:� 24,1 ' L% `Y UD PI. �g r- • "'MARS p FWY:. S•:$2 .._T Project Number SO-13-D3272 Proycct Name University & Mar5ha Sharp Citymale Lubbock, TX Square Footage 43,398 SF Par1¢rV Count 32 RevWw Number XS R10 Dale 07131/12 Project Desgner Chris Pope NOW