HomeMy WebLinkAboutResolution - 2005-R0092 - Street Use License Agreement With Conference Cafe, Inc. - 03/04/2005Resolution No. 2005-R0092
March 4, 2005
Item 19
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 Conference Cafe, Inc., dba Whiskey River/O'Reilly's Irish
Pub for an outdoor seating 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 City Council.
Passed by the City Council this 4th day of March _,2005.
ATTEST:
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right-of-Wa gent
APPROVED AS TO FORM:
Linda Chamales
Senior Attorney/Office Practice
gs/cdocs/StUseLic-Conf Cafe Inc.res
Jan. 14, 2005
Resolution No. 2005-R0092
STREET USE LICENSE
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
This License made this 4th day of March , 2005, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal
Corporation, and CONFERENCE CAFE, INC., DBA WHISKEY RIVER/O'REILLY'S
IRISH PUB, 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 seating area with tables, and being further described as follows:
BEGINNING at the northeast corner of Lot 12, Block 214, Original Town
Addition to the City of Lubbock, Lubbock County, Texas:
THENCE East 8.5 feet to a point;
THENCE South 52.00 feet to a point;
THENCE West 8.5 feet to a point;
THENCE North 52.00 feet to the BEGINNING.
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 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 5813 901h Street,
Lubbock, Texas, 79424, 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 FOUR HUNDRED FORTY TWO AND N0/100 DOLLARS ($442.00)
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 made, then the rate for the preceding five (5) year term shall apply.
STREET USE LICENSE - Page 1 of 5
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 LICENSEES 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
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
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.
LICENSEE also agrees to follow the guidelines and stipulations as declared
below:
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
STREET USE LICENSE - Page 2 of 5
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 be set back a minimum of 6" from the edge of
the concrete sidewalk to avoid chipping or damage. Methods for affixing
fence supports to the sidewalk shall be detailed in attached
drawings/specifications.
g. Failure to comply with conditions of the street use license constitutes grounds
for license revocation, upon 30 days of written notice.
CITY F 7By:
U AL, MAYOR
ATTEST:
oD=:`.
Rebecca Garza, City Secretar
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way gent
APPROVED AS TO FORM:
Linda Chamales
Senior Attomey/Office Practice
STREET USE LICENSE - Page 3 of 5
AGREED TO AND ACCEPTED this 4th day of March , 2005.
CONFERENCE CAFE INC., DBA WHISKEY
RIVER/O'REILli" IRISH PUB --n
FELENIA DAWN BURGE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
Y
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared Marc McDougal, 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 4th day of
March '2005.
CELIA WEBB Notaryam ublic in and for the State of Texas
Notary Pubk, Stets of Taxes
MyCaamW*nExpires My Commission Expires: 03-01-200(o
0.3-01-2006
STREET USE LICENSE - Page 4 of 5
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 Bryan Dayne O'Reilly, 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 act and deed of said
Conference Cafe, Inc., dba Whiskey River/O'Reilly's Irish Pub.
yG�IpVEN UNDER MY HAND AND SEAL OF OFFICE this /7 7q day of
ole 2005.
®R".)
DAVY M.BOOHER
Notary Public, State of Texas
My Commission Expires
12-16-2006
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Notary Pub is in and for the State of Texas
My Commission Expires: A; /4- a?00 6
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared Felenia Dawn Burge, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that she executed
the same for the purposes and consideration therein expressed and as act and deed of said
Conference Cafe, Inc., dba Whiskey River/O'Reilly's Irish Pub.
GlVyq UNDER MY HAND AND SEAL OF OFFICE this /% f� day of
2005.
DAVY M. BOOHER Notary Public in and for the State of Texas
Notary Public, State of Texas
My Commission Expires
12-16-2006 My Commission Expires: /,..2/-100
6
gs/Cityatt/Georgia/Licenses/StreetUse Lic-Conf Cafe
February 15, 2005
STREET USE LICENSE - Page 5 of 5