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HomeMy WebLinkAboutResolution - 6341 - Cooperative Agreement - Market Lubbock Inc. - 06_10_1999Resolution No. 6341 June 10, 1999 Item No. 79 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 Cooperative Agreement between the City of Lubbock and Market Lubbock, Inc., and other 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 this 10th day of June 999. U 2,4 DY SI , MAYOR A ST:. Kayt Darnell, City Secretary'-, APPROVED AS TO CONTENT: Tommy Go ez Managing Director Civi rvices APPROVED AS TO FORM: . Knight Assistant City Attorney JMK:cp Ccdocs/M%tedAtbbocklnc.Res June 3, 1999 Resolution No. 6341 June 10, 1999 Item No. 79 STATE OF TEXAS COOPERATIVE AGREEMENT COUNTY OF LUBBOCK § THIS AGREEMENT is made and entered into by and between the City of Lubbock, Texas, (hereinafter called "City") and Market Lubbock, Inc., all acting by and through their duly authorized officers and officials. WHEREAS, Market Lubbock, Inc. plans to conduct a music festival entitled "Music Crossroads of Texas — West Texas Style Rock `N Roll" on September 4, 1999; and WHEREAS, Market Lubbock, Inc. desires to contract with the Everly Brothers to perform at and participate in the said music festival; and WHEREAS, Market Lubbock, Inc. believes the proposed music festival, the performance and participation therein by the Everly Brothers will encourage tourists to visit Lubbock in order to see and participate in "Music Crossroads of Texas — West Texas Style Rock `N Roll"; and WHEREAS, Section 351.101(a)(4) of the Tax Code provides that revenue from the municipal hotel occupancy tax may be expended for the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; and WHEREAS, it is the opinion of Market Lubbock, Inc. that the participation of the Everly Brothers in "Music Crossroads of Texas — West Texas Style Rock `N Roll" might attract additional visitors to Lubbock; and WHEREAS, both parties to this Agreement believe that such a project will promote tourism and the convention and hotel industry of the City of Lubbock; and WHEREAS, the City Council finds that said music festival and the participation of the Everly Brothers will encourage tourists to visit Lubbock; and WHEREAS, funding such projects is authorized by law; NOW THEREFORE: WITNESSETH 'The parties hereto mutually agree that financial assistance shall be provided by the City to Market Lubbock, Inc. and accepted by Market Lubbock, Inc. upon the following terms and conditions, to wit: 1. CONTRIBUTION. The City shall contribute a total sum of not more than Thirty Thousand Dollars ($30,000.00) to be used in conjunction with this project. 2. DUTIES OF MARKET LUBBOCK, INC. Market Lubbock, Inc. shall be responsible for the following matters: (a) Conducting a music festival entitled "Music Crossroads of Texas — West Texas Style Rock `N Roll". (b) Contracting with the Everly Brothers to participate in and perform at the said music festival. (c) In the event that the Everly Brothers do not participate in and perform at "Music Crossroads of Texas — West Texas Style Rock `N Roll", Market Lubbock, Inc. hereby agrees to refund to the City of Lubbock the entire amount of Thirty Thousand Dollars ($30,000.00). 3. INDEMNIFICATION. The parties hereto agree to be responsible for the actions of their own officers, employees, agents and members and to hold the other party harmless from any claims, damages or liability of any nature whatsoever stemming from its own activities pursuant to this Agreement. 4. TERMINATION. This Agreement may be terminated by the City for violation of the terms of this Agreement. Written notice of such violation shall be mailed to Market Lubbock, Inc. by certified mail. In the event Market Lubbock, Inc. fails to correct any such violation within ten (10) days, the City may give written notice that the Agreement is terminated. Following delivery of the notice of termination, the City shall have no further liability for payments to Market Lubbock, Inc. 5. NO PRIVITY OF ENDEAVOR. It is specifically agreed that there shall be no privity of endeavor whatsoever between the City and Market Lubbock, Inc. and that the sole connection between the parties is the contribution of money and the provision of services under the restricted conditions state herein set forth and that such contribution and services are for the sole purpose set forth herein, and it shall in no way be construed as a continuing basis for financial support. 6. ENTIRE AGREEMENT. This instrument constitutes the entire Agreement between the parties hereto, and this instrument may be altered, changed or amended only by written agreement of the parties. 7. TERM. In the event that Market Lubbock, Inc. has not contracted with the Everly Brothers to participate in and perform at the music festival described herein by September 4, 1999, this Agreement shall become null and void and of no effect and the amount of Thirty Thousand Dollars ($30,000.00) shall be reimbursed to the City. EXECUTED this 10th day of June , 1999, in Lubbock, T, z 6 W44 � Ij W W. wa e, - 1.2 "1 "Wo-�� _-�,- APPROVED AS TO CONTENT: MARKET LUBBOCK, INC. By: Name: C. DAVID SHARP Title: CEO ATTEST: Tommy G nzalez Managing Director Civic Services Kityty4e Darnell City ecretary APPROVED AS TO FORM: J M. Knight Assistant City Attorney JMK:cp Cityatt/John/Marketiubbock-City.CoopAgreement June 1, 1999