HomeMy WebLinkAboutResolution - 2018-R0418 - 7 Public Safety Dive Team Sustainment Project - 12/06/2018Resolution No. 2018-RO418
Item No. 6.5
December 6, 2018
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on
behalf of the City of Lubbock, an Alley Use License by and between the City of Lubbock and
Crickets Grill and Draft House, and related documents. Said License is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes of
the City Council.
Passed by the City Council on December 6, 2018
DANIEL M. POPE, MAYOR
ATTEST:
Rebecca Garza, Cit Secretary
APPROVED AS TO CONTENT:
Dave Booher, Right -Of -Way Agent
APPROVED AS TO DORM:
Ry n Br ke, ssistant City Attorney
ccdocs/R) S.Alley Use License -Crickets
10,10.18
Resolution No. 2018-RO418
ALLEY USE LICENSE
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
This License made this _day of _ ✓�'''"� , 2018, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal
Corporation, and CRICKETS GRILL AND DRAFT HOUSE, hereinafter called
-L.ICENSEE.-
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 dedicated
alley for a grease trap, and being further described in Exhibit "A."
The term of this License 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 betore the
expiration of the first, second or third live (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 2412 Broadway Street,
Lubbock, Texas 79401, 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 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 LICENSEE, for which
LICENSEE shall be liable.
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant
the sum of FIVE HUNDRED AND NO/100 ($500.00) 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.
11' such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year
term shall apply. ']'he CITY OF LUBBOCK shall notify the LICENSEE ofany change in rates
in writing ninety (90) days bclbre the start of the five (5) year term to which such change in rate
shall apply, and if such notification is not 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 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, 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
written 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 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 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
I.ICENSI;f: a reasonable opportunity to settle or adjust the same.
6. LICENSEE agrees and is 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.
General Liability Insurance. Owner shall maintain general liability insurance
with a combined single limit of a minimum of $100,000 per occurrence and such insurance shall
include the following:
■ Bodily Injury and Property Damage
■ Broad Form Contractual Liability
Owner shall provide a Certificate of Insurance to the City of Lubbock as evidence of the required
insurance coverage. The Certificate will provide 30 days notice of cancellation. Such Certificate
of Insurance shall name the City of Lubbock as an additional insured and must include wording
which states that the policy shall be primary with respect to any insurance carried by City of
Lubbock and be endorsed to include a waiver of subrogation in favor of the City of Lubbock.
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 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. 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. 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
seek any and all fin-ms 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 day of _ 2018.
CITY OF LUBBOCK:
DANIEL M. POPE, MAYOR
Licensee:
CRICKETS GRILL AND DRAFT HOUSE:
By -
Printed Name: e
Title: Az--LCq -e.
ATTEST:
Rebecca Garza, Ci ecretary
APPROVED AS TO CONTFNT:
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
R n JcZke, Assistant City Attorney
ITIE 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/she 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 day
of' , 2018.
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�`PPY PUg(i
JENNIFERSOWDE JE1. Nota he in and fort State f T xasNotary Public,Staleof7eMy Com fission Expires:
Notary IN 12497068.3
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TILE STATE OF TEXAS
COUNTY OF --
BEFORE ME, the undersigned authority, a Vocokv-,,—,
tary Public in and for said County and
State, on this day personally appeared' �rx� 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 as an act and deed of said
Crickets Grill and Draft House.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
of Wu lbad , 2018.
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A.NTONIO CISNEFOS
s4o rlctary Public
x STATE OE TEXAS Notary Public in and or the State of Texas
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JD# 130670898
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Alley Use Lic-('rickets Chill and llralt I louse
10.5.18
day
AUACJ45 ENGINEERING
Texas Surveying No. 101153-00
Texas Engineering Firm No 4368
2737 81 ST STREET LUBBOCK, TEXAS 79423
(806) 745-7670
EXHIBIT
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"Count on it"
Metes and Bounds Description of a 85 square feet tract out of the alley in Block 99,
Overton Addition to the City of Lubbock, Lubbock County, Texas, according to the map,
plat and/or dedication deed thereof recorded in Volume 19, Page 56, refiled in Volume
19, Page 568 of the Deed Records of Lubbock County, Texas and being further
described as follows:
BEGINNING at a point in a North line of Lot 17, Block 99, Overton Addition for the
Southwest corner of this tract from which the Northeast corner of Lot 17 bears East,
5.60 feet;
THENCE North, 3.30 feet to the Northwest corner of this tract;
THENCE East, 25.70 feet to the Northeast corner of this tract;
THENCE South, 3.30 feet to a point in the North line of Lot 18, Block 99, Overton
Addition for the Southeast corner of this tract;
THENCE West with the North line of Lots 18 and 17, Block 99, Overton Addition, 25.70
feet to the PLACE of BEGINNING.
4
These Notes are ba(sed on a Survey made on the ground.
Jonathan M. Cieszinski, RPLS 4460
August 29, 2018
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Proposed Alley Use License Located Along the
North Line of Lots 17 & 18, Block 99, Overton Addition
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As required by SECTION 1. Chdpler 2051, SUBCHAPTER D. GEOSPATIAL DATA PRODUCTS of the Government Code, the City of Lubbock hereby provides notice that the data
on this map was created by the City of Lubbock Any data that appears to represent property boundaries is for informational purposes and may not have been prepared for or be
suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries.
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