The URL can be used to link to this page

Home My WebLink AboutResolution - 2023-R0376 - Street Use License Agreement, Triple J Concepts, LLC - 08/08/2023Resolution 2023-R0376 Item No. 7.8 August 8, 2023 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, a Street Use License Agreement by and between the City of Lubbock and Triple J Concepts, LLC, and related documents. Said Agreement 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 Au�;ust 8, 2023 APT'ROVED AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: � � � Amy s, Deputy City Attorney RES.Street Use License Agreement-Triple J Concepts, LLC 6.30.23 Resolution 2023-R0376 STY2F,FT USE LiCENSE 7'HE STA I'E OF TEXAS C(?UNTY OF 1.U�iT30CK. § KN�W ALL MEN BY "I'HES� PItESENTS: �t� 7'his License made this � day o__ ___� 2423, being the date of this A reement between thc CITY �F' LU UCkC�XAS a Home Rule Munici al g , � P Corporation, and TIUPLE J CUNCEPTS, LLC, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions, and provisians herein, the CI'�'Y C1F I.,UBBOCK does hereby grani to the LICENSEE, lhc right, privilcge anti Liccnse to use a portian of a dedicated street for an outdoor dining area with tables, and being further described as follows: BRGINNING at a point in the east right-of-way line of said Buddy Holly Avenue, in the west line of Block 231 of said �riginal Town of Lubbock, and in the west facc of an existing building for the northeast corner of this tract, said beginning poii�t having c�ordinates of NORTHING: 7,273,494.30 and EASTING: 950,147.64, Tcxas Coordinatc System, North Central 7.,one 4202, North American Datum of 1983, whence an existing buiIding corner at the northwest corner of said Bl�ck 2Q3 bears North Ol degrees 41 minutes 45 seconds I:ast a distance of ?7.13 feet, fi•om said northwest corner of Block 23 l, an "X" cut an concrete found at the southwest corncr of Block 2 i 5 of the Original Town of Lubbock bears Noi�h Ol degrees 41 minutes 45 seconds East a distance of 75.00 feet and an "X" cut on concrete found at the northwest comer of Block 228 of the Original Town of Luhbock bears North 88 degr�es 19 minutes 49 seconds West a distance of 1084.bS teet; (1)1'HENCE South O1 degrees 41 minutes 45 seconds West, along thc east right-o:C way line of said Buddy i-�olly Ave�iue, the west line of said Block 231 and the west face of said existing building, a dista�ice of 52.32 feet to a point foi• the southeast corncr of this tract, whence an existing building corner bears Soulh O1 degrees 41 minutes 45 seconds West a distance of 0.3 feet anci an "X" cut on concrete set in the west line of said Block 231 and the north right-af-way line of 19th Street as described in a right-of-way dedication recorded in Volume 439, Page b6 of the Deed Records of Lubbock Caunty, Texas bears South U 1 degrees 41 minutes 45 seconds West a distance of 180.84 feet; (2) THENCE North 88 degrees 18 minutes IS seconds West a distance of 9.56 feet to a point for thc southwest corner of Chis tract; (3) THENCE North O] degrees 41 minutes 45 seconds East a distance of 52.32 fcet to a point for the northwest corner of this tract; (4) 7'HENCE South 88 degrees 18 minutes 15 secands East a distance of 9.Sb feet to the POINT nF BEGTNNING. Said portion of a dedicated strect being further described in the attached �xhibit "A". The icrm of this License shalt be for five (5) years Crom date hereof, and shall be automatically extended for successive five (5) year tcrms not to exceed twenty (20) years in any event unless either party shal! give written notice of termination tc� the other party before the expiration of the first, second or tltird five (S) year term, as thc case may bc, and thc 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. Sa�d notice sha(1 be deemed properly served if deposited in the past office, postagc paid, addressed to LICENSEE at PU Box 53237, Lnbbaek, Texas 79453, or the last known address of LICENSEE. Upon the expiration or canceilation and revocation of this License by the CITY Or LUBBOCK, or the abandonment of this I,icense by the LICENSEE, the improvements that are permitted under this License shall bc removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the C1TY OF LUBI30CK. In thc cvent LICENSEE fails or refuses to remove such im.provements after demand by the C1TY OF LUBBOCK, the CITY 4P I.UBBOCK sh�ll take passession and removc or cause to be removed such improvements, and the expense incuned shail be assessed against LICENSEE, for which LICENSEE shatl be liable. l. LICENSEE shall Pay to the CITY Or I.,UBB4CK as compensation for such grant the sum of FIVF. HtJNI�CZED ANll d0/100 {$500.00) cash in advancc either contemporaneously with, or prior to, the acceptance and executian hereoF by LICENSEE for the fiist five (5) year term of this License, and thereafter such rate of compensation may be changed for each succeeding five (S} year term by thc CI"I'Y OF LUBBOCK to a rate of compensation which is based on procedures and policies as establislied by the City Council of the CITY OF LUBBOCK, based on an appraisaE of the fair rnarket value of such land by the Right-of-Way Department of the CiTY QF I.UBBOCK, as applied to the fortnula for determining such rate established by the City Council. IF such rate is noi changed by the CITY OF LUBBOCK, the rate for the preceding five (5} year term shall apply. "I'he CI'1'Y Ql� LUBEiOCK shall notify the T.ICENSEE of any changc in rates in writing ninety (90) days before the start of the �ve (5) year term to which such chan�e in rate shall apply, and if such notification is not made, then the rate for the preceding fve (5) year tercn shall apply. 2. '1'he i,10ENSEE agrees to pay all costs arising out of the esercise of this License herein granted including, but not limited to, the cost of cleanup of any oil, hazardous substance, ar other material, the replacement and repair of paving, sidewalks and utilities of any nature damaged as a result oi the canstruction authorized by the License. 3, in the event the CITY O� I..UBB4CK detemiines that the License herein granted interferes with or causes the reroutin� or realignment of any puhlie utility, franchised utility or sanitary or storm sewcr line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, L.ICENSEE agrees to reimburse th� CI"I'Y OF LUB�30CK or such utility, as the case may be, for its expense iri relocating ar rerouting over and above t}�e expense which would have been incurred except for LCGI;NSI:E' S use herein. 4. This Lic�nse is not transferable by ihe LICENS�r without firsi receiving the written consent of the City Manager of the CITY OF LUBI�OCK. 5. This License is made subject to the condition that should the LIGENSEF exercise any right under this License and prepare or begin or complete any part of thc construction as herein conternplated across any or all of the above described property, then and in that event, said LICENSEE, its successors and assigrts, will at all time defend, indemnify and oiherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and ail claims, demands, actions, causes of action and suiis at law or in equity of whatsoever kind or nature which may grow out of vr be related to ihe rnaking of this License or the construction or maintenance use pecmitted herein. The CITY Or LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perforrn the construction, repair or maintenance permitted herein, which agreeanent wili indemnify ihe Cl'I'Y OI� LUBBOCK from and against all claims, liability, cost and expense growing out of thc performance of the work ta be done by such contractors. The CITY OF I,UBBOCK may further require any af said eontraciors, whei� engaged in the construction, repair or maintenance perniitted herein, to furnish, witliout expense to the C1TY OF LUBBOCK., a retiable surety bond, in an amount and in a foim satisfactory to the said CI"�'Y QF LUI3F30CK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement, and a certified copy of a poiicy of public liability insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees ta give notice to LICENSEE prior to incurring any costs or expenses or the paymeni of any such claims or demands in order to �ive LICENSEE a reasonable opportunity ta settle or adjust the samc. 6. LICENSEE agrees and is required ta furnish a policy of public liability and properiy damage insurance within limits specified by and in a form satisfactory to the City Atiorney for the CITY OF LUBBOCK, and which names the CIZ'Y OF LUBBOCK as the insured, said policy covering the uses herein granted. General Liabilitv Trtsurance. Owner shall maintain general tiabitity insurance with a combined sir�gle limit of a minimum of $100,��Q per occurrence and such insurance shal( include the following: e Bodily Injury and Property Damage � IIroad Form Gontractual Liability Owner shall provide a Certif cate of lnsurance to the City oi' Lubbock as evidence of the required insurance eoverage. The Certificate will provide 30 days notice of cancellation. Such Certifieate of Insurance shall name the City of Lubhoek as an additional insured and must include wording which states that the policy shall be primary with respcct to any insurancc carricd by City of Lubbock and be endorsed to inctude a waiver of subro�ation in favor of the City of Lubbock. 7. AII of the covcnants and provisions of this License shatl be binding upon and inurc ta the benefit of the successors, legal representatives, assigns and the duly authori�ed agents and contractors of tlie parties hereto to ihe samc extent and effect as the samc arc 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 4F LUB�30CK without the consent of the CITY OF LUBBOCK in each instance, except as speciFed in numbered paragraph Four (4). $. LICENSEG, by the acceptancc 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 LICENSrE waivcs any and all claims in and to the public way it is permitted to use hereby and agrces to give peacefut 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 ar remedy available to it by law, contract, equity, or otherwise, including withoui limitation, the right to seek any and al! forms of relief in a court of competent jurisdiction, Further, the CI1'Y OF LUBBOCK shall n�t be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. Thc remedies set forth herein are cumulative and not exclusive, and may be exercised concunently. To the extent of any confliet between this provision and another provision in, or related to, ihis dncument, this provision shail control. AGR.EED TO AND ACC�PTED this � day of },�' � 2023. � CITY �F' TitiPLE .i C�NCCPTS, iLC: G ` f� —�� dy. �— - - ' — -- -- --�- --- TRAY , MAYOR I_ l Pr�nted Na • ��_�v\ �L��\`e-� Title: ��1(\'� � (] �(} Q i(`��'� e ATTFST: Couriney Paz, City Secretary APPRUVED AS '1'O CON I'EN`I': Michael Keenum, A.I3., Uivision Director of �ngineering/City Engineer API'ItOVED AS T4 FORM: . Am ms, Dep ssisiant City /litorney TH� STA�ri1 or� �z��x�s COUNTY QF LUBI3QCK BEFt)RE ME, the undersigned authoriiy, a Notary Public in and for said Couniy and Statc, on this day personally appeared "a("ray Yayne, Mayor of the City of I.ubbock, known to me to be the persou whase name is subscribed to the foregoing instniment and acknowledged to me that he/she executed the samc: tar the �urpases a��d consideration therein expressed and in the capacity therein staicd. GIVEN [JNDrR MY HAND AND SEAL OF OFFICE this __��"� day of � q(r5 f _.—_, 2023. til �G/9� ,i � � _ �' """'� MARY FALCON Notary Pt�in and for the State of Texas ��\1. F,pY P�/d�. :_�:• ��'s_Notary Public, State of Texas My Commission Expires: // -�f - aQ�3 �:�'Q� Comm. Expires 11-04-2023 �%.�0;��'�`� Notary ID 128901796 TI-�E STATC O� 'I EXAS § COUNTY UF �j�� § � BF.FOR�; ME, the undersigned authority a Nofary P blic in and for said County and State, on this day personally appeare �� own to me to bc the person whose name is subscribed to the foreg ' g instrument and acknowle ged ta me that he executed ihe same for the purpases and corisideration therein expressed and as an act and deed of said Triple J Coa�cepts, LLC GIV =N UND �IZ MY HAND AND SI;AI. Ol; OI�FICE this �_ �� .,�_ day of _ -- , 2023. � ��`�i�!!?i:'�., LESLIE H. AULD =?°� � �a: Notary Public, State of Texas ��`�� e: Comm. Expires 07-01-2027 '�nm��` NOtefy ID 130281201 . � - Notary ublic in and or t e S ate of T cx s Zv1y C;ommissian Expires. �� ' o � • ��Z~� Strcct Usc l.ic- Triplc 1 Concepts, I.I.C: 6.30.23 ��?�� CERTIF9CATE OF LIABILITY INSURANCE DAT�/62O 3YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF IN('ORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND "fHE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate liolder in lieu of such endorsement(s). PRODUCER CONTACT NAME. K2fl CO�@fT1311 Arthur J. Gallagher Risk Management Services, LLC PHONC gOG 507 3982 FAx Six Desta Drive (nrc, No, ExQ �,vc, No� 432-570-3450 Suite 5900 aooa�ess: Kan Coleman a com @ 19� Midland TX 79705 INSURER(S) AFFORDING COVERAGE NAIC p INSURER A Unded Fire Lloyds __ 43559 INSURED Tripie J Concepts LLC DBA: Triple J Chop House; JB Que LLC 1807 Buddy Holly Blvd Lubbock TX 79401 1RIPJCO-01 INSURER B INSURER C INSURER D INSURER E : COVERAGES CERTIFICATE NUMBER: 320429083 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES O(= INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTFIER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCF AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �LTR TYPE OF INSURANCE �DDLiSU�HR pOLICY NUMBER MM DDIYYYY MM DD YYYY LIMITS A X COMMERCIAL GENERAL UABILITY 85310125 8125I2022 8125/2023 I EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGCT RENT D PREMISES (Ea o cunen e $ 300.000 MED XP (A y one p r onj $ 5,000 Pt-RSONAL 8 ADV INJURY S 1,000,000 GEN'L AGGREGATE I IMIT APPI IES PER �GENFRAL AGGRE('ATE $ 2 000,000 X , POLICY PRO- JECT � I PR DU OMP nP AG> 3 2,000,000 OTHER I S AUTOMOBILE LIABILITY � COMBINED SINGLE LIMIT � � ANY AUTO {E� a c dent) BODILY IN URY (Per pe sonl S OWNED � D AUTOS ONLY A BODI Y IN IU Y F rr rc dent) $ � HIREU I N O N D i PRUP�RTY DAMAGE AUTOS ONI V A 1 N Y {Per a c tlent � $ UMBRELLA LIAB � � pCCUR � EACH OCCURRENCE � $ 1 EXCESS LIAB I � CLAIMS-MAD AGGREGATE 5 1 DED RETENTION $ y WORKERSCOMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y � N STATUT[ ER ANYPROPRIETORPARTNER XECUIIVF j OFFICERlMEfdBCRCXCI UD U� a I N f A E.L EACH ACCIDEN ( $ (Mandatory in NH) i E.l. DISEl�SE - EA EMPLOYEE b If yes descnbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE POLICY IIMIT $ DESCRIP710N OF OPERATIONS / LOCATIONS I VEHICIES (ACORD 101, Additional Remarks Schedule, may be atlached if more space is reyuireA) CERTIFICATE HOLDER City of Lubbock 1314 Avenue K Lubbock TX 79401 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED PO�ICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD F" W W ` �� Z � VW X�Q� Q � palW- H W V~ g W= a j � ~ Q m � ~ O Y �}mzo>g WJJ�aom J � a O 1L c) W;o iii � Y �p0 � Ua � H�� o o W W��mu�ZW a`' m J ��o V/ O i�Q�y ��g 7�� o� �� a2s y��W s � �Y��O ��7 ��g g�� r��g�� O `�m N�S�� -�, N $ � a �" o � Q �� hq �� 1J2� �i��N?�yl� 2'�� 'W�Z$�h.,� �a��ffi �a � 2aa�-y� ��V KO 2��.i 8am�� o��e� �<� �i�G:��^•€� ��a � �� ,o��$m^�o �� N�� ,', `$�`� ��ti�� :,��R�� y� ryy�}. �O�p �6f �0��4� �?( O�C ��6 ��nOA U��"�<�h �h� �� h o � � � a � 0 2 `�� _ � � o z � � � �rti N� � � �o �- �� n� W V � ak H � � �� 4� h� i� � �� _� �� < V � � W � � � � e � � � �� g � � � 3 x� � �� U j � � � v'$ go `mo �� g �� N �� y Nyl �� U �� a� �� 3��$ k�°'��s � a��2 ��8 n :� ��a g§3 ��y Z o � `�o �CZ �0��3y��i �o�� i„jE��.,��o �� xH�'C �Sh !�^i �� `��a g�� : �,. �� W �� m �� h �� v�� ¢` �>��Z��W� �� U ��e� � h oi � � i �� 0 �� W � N� 0 � 6 � < � � h� � 6 ^ W � � o�� W � h ` �ad �v �-io-�vb!� .aoi 2nb' S�2��!J� 0 b �i � � � �2 U � h � � � � �� g :� � � �� 4 �� y ��0 3�� g � � � _ � i � RNo � �N �`�g o� ,n �� !po �9 ��-l�'l46� .ODI and �lloH �PPnB �� V�.r � W � L � �. `_ �� R _�-. � �q � i Z h�� N i� �c �-io-iv� .oz �airo y � � U ; _, r,� . � ��d�sl��:�,�:� N � : :� � .'!��.; �_ . i� ,�;� _�,�,� � c� = �. � -F ; � �- �. � � � � ��l - � � `F�I I ` rr a O � '••� O � 0 I � � •,~ � r� �•5 � ;�� tc�cv�oa�oor`c��n�t ��:,� �� N N N N N r- e- r-- �-- �-- � ��I � .� o � 1 � �o � a � �� .� � � o I � �� r �� M � ..�„ - '�p ,�,�' - ,� � o � ,� � �� i � � � I ; � � � ' ,r�� v� pq p � � � '� r*.+ � I -�� e- N M d' � i C� I� 00 �` � r � p � : � � c- � o�o+ � � oa� . � _ �, �s� � �� . a� '� I � . _ .. � � � � : � ,,�; � �� '�� - � �OI p � y � � � � �, _ � � 3nd AiioH �aan� �� I i . � n � � � � �. � � O I � N � i � ' � ' ��r t� �ii�� • _ � - - -- � � �� _ � + _ .� .r. ".r. .r. > > *�i�� ..�- � � i . � sj� � 1��' � � $ — I - � `T ��. VI � Q , a _ � ' �� O � I � � o u- � a � ti ! N �� a�'�y� �. �, ` �. � w � I �' ,�� '.�' M N r- „O � 00 ti CO � �� ,,.. �� N N N N N r- c- r-: r- r- �- � ��. �� ' � � � � � � � ' �0 �..,��,� ,�.�„�� ,- �� ,� , $ g � c�1 , �� ._ � � �'; a � �'�� - - o � � � ur�nouiaaa � � � a� 0 �� f �$ � 6 u.sr.a � .ry ��/ � � n E �` � �', . �n � �' �� e � O �a � r � � � ru�� ty � fS � � ` IIIIIIIIIY � • � ¢¢¢�� € ' : �- N M �t' � C� 1` 00 � O � � � �ur �� Z ��_--�'"� � � �w