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HomeMy WebLinkAboutResolution - 2003-R0554 - License Agreement- Agriculture Heritage Museum Inc.- Construct & Operate Museum - 12_08_2003Resolution No. 2003—RO554 December 8, 2003 Item No. 44 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 License Agreement by and between the City of Lubbock and Agriculture Heritage Museum, Inc., doing business as American Museum of Agriculture, to construct and operate a museum for the preservation and display of agriculture related artifacts, and any associated documents. Said License Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 8th day of December , 2003. X5>(Z MARC MC AL, MAYOR ATTEST: Reb cca Garza, City Secretary APPROVED AS TO ONTENT: �-u A Corbin Pemberton Director of Parks and Recreation APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney ke/ccdocs/AgHeritageMuseum. Agreement. Res November 25, 2003 Resolution No. 2003—RO554 December 8, 2003 Item No. 44 LICENSE AGREEMENT THIS License Agreement (the "Agreement") is entered into on this 8th day of December , 2003, between the CITY OF LUBBOCK, TEXAS (the "City'), a Texas Home Rule Municipal Corporation, and the AGRICULTURE HERITAGE MUSEUM, INC., doing business as American Museum of Agriculture ("AHM"), a Texas nonprofit corporation, acting by and through their respective and duly authorized officers and officials. RECITALS WHEREAS, AHM is a nonprofit corporation founded in 2001, Nvith donations and grants from interested and caring citizens, organizations and charitable foundations, is achieving its goal of locating, acquiring, restoring, preserving and displaying historic agriculture related artifacts (the "Artifacts"),. WHEREAS, it is the belief of the City and AHM that the public display of said Artifacts will provide recreational and educational activities and opportunities to the residents of the City and encourage tourism to the City; WHEREAS, AHM desires to acquire and exhibit the Artifacts to the public (the "Museum Project") over and on that certain real property described on Exhibit "A" attached hereto (the "Lands"); WHEREAS, for the purpose of the promotion of recreational and educational opportunities for the citizens of the City, the promotion of tourism industry in the City, and furthering Economic Development and Recreation, Parks, Entertainment and Cultural Affairs goals as established in "Goals for Lubbock -A Vision Into the 21st Century," AHM and the City now desire to enter into this Agreement. Agriculture Heritage Museum Page I of 22 ARTICLE 1 License Section 1.01. License. In consideration of the mutual covenants and agreements of this Agreement, and of other good and valuable consideration, the City hereby grants upon the terms and conditions set forth in this Agreement, a license on and over the Lands to AHM, for the sole purpose of constructing, maintaining and operating the Museum Project. Section 1.02. Term. The term of this license is twenty (20) years beginning on the date of the execution of this Agreement by the City, and ending on the twentieth anniversary of such date (the "Primary Term"), unless terminated sooner as provided in this Agreement. For the consideration herein expressed, the City is hereby granted an option to extend the term of this Agreement, upon identical terms and conditions of this Agreement, for four (4) additional successive option periods of ten (10) years each (the "Option Period") This Agreement shall terminate without further notice when the Primary Term or Option Period, whichever is applicable as specified in Section 1.02 expires, and AHM shall immediately vacate the Lands. Any holding over by AHM after that term expires, except as provided otherwise in this Agreement, shall not constitute a renewal of this Agreement, or provide AHM any rights whatsoever under this Agreement and/or to the Lands. ARTICLE II Improvements It is the goal and obligation of AHM to construct, manage and operate the Museum Project described in the following Articles. AHM, acting through its governing Board of Directors, shall construct, manage and operate the improvements in compliance with all State and Federal laws, statutes and regulations and local ordinances. in addition, unless the consent and/or approval of the City and other parties is required herein, or by law, AHM shall cooperate with and seek input from Agriculture Heritage Museum Page 2 of 22 the City, the Texas Parks and Wildlife Department and the Texas Historical Commission in the establishment, maintenance and management of the Museum Project. Section 2.01. Acquisition of Funds. AHM shall obtain, on or before November 1, 2008 (the "Fund Date"), sufficient funding (from any and all available sources), and submit proof of same to City, to construct, operate and maintain the Museum Project, as described in this Agreement. In the event AHM shall not acquire such funding, and submit proof of same to the City, within such time period, this Agreement shall automatically terminate without further action by City and AHM shall, upon same, immediately vacate the Lands. As stated herein, "sufficient funding" shall be no less than One Million Dollars ($1,000,000.00). Section 2.02. Construction -Fencing. Notwithstanding anything to the contrary, prior to, or concurrent with, the placing or location of any Artifact upon the Lands, AHM shall construct fencing surrounding the boundaries of the Lands, or, if approved by the City, such approval being within the discretion of the City, that portion of the Lands wherein the Artifacts are located, of sufficient height and design to exclude unauthorized persons from entering the Lands. Section 2.03. Construction - Site Plan. On or before six (6) months after the Fund Date, AHM shall submit to the City a detailed Site Plan (herein so called) of the Lands, which shall include an archeological survey of the Lands and detail all aspects of the Museum Project, including the proposed location and general appearance of all permanent (as described in Exhibit "B") improvements thereon, including, but not limited to, buildings, interior fencing, landscaping, and including the proposed identification and location of all permanent, temporary or removable Artifacts and living history exhibits. The permanent improvements shall consist of, at a minimum, the collection of agriculture implements and artifacts presently owned by the Historical Commission of Lubbock County, Texas, and being described on Exhibit "C", attached hereto. Agriculture Heritage Museum Page 3 of 22 The Site Plan is subject to review and approval by the City and the Parks and Recreation Board of the City, or their successors, and, if required by law, any other parties or entities, including without limitation, the State of Texas, the Texas Parks and Wildlife Department and the Texas Historical Commission. Any such parties, after consultation with AHM, may request any changes, amendments or corrections to the Site Plan. In the event the parties cannot mutually agree on such changes, such dispute may be appealed to the City Council of City. The City Council of City may direct whatever changes to the Site Plan it deems necessary or advisable. Except as stated otherwise, "Site Plan" as used in this Agreement shall mean and refer to the Site Plan, as approved as described herein. Section 2.04. Construction. AHM shall construct, or cause to be constructed, and locate upon the Lands, all permanent fencing not constructed as per Section 2.01, parking areas and exhibit building as depicted in the Site Plan, on or before three (3) years after the Fund Date. Further, during such period of time, AHM shall construct, or cause to be constructed, all weather pathways or walkways for use by the visiting public upon the Lands suitable for viewing the Museum Project. Section 2.05. Approval of Construction. No construction of any type or kind, including without Iimitation, additions or alterations to structures completed, or caused to be completed, by AHM and/or placement or location of improvements upon the Lands, shall be commenced unless the plans, specifications and proposed location of such construction and/or location of the improvements have received the prior written approval of the City, and if required by law, any other parties, including without limitation the State of Texas, the Texas Parks and Wildlife Department and the Texas Historical Commission. AHM shall, at its own expense, engage a licensed architect or engineer to prepare plans and specifications for the construction, addition, location or alteration of any building or improvement, and all construction and alteration of any building or improvement shall be conducted and completed Agriculture Heritage Museum Page 4 of 22 in compliance with all applicable permits, ordinances, and statutes now or hereinafter existing. AHM shall submit a copy of detailed working plans, drawings, and specifications to the City not less than thirty (30) days prior to the commencement of such activities. The City, and any other parties having the right of approval, as described herein, shall review all plans submitted by AHM and provide to AHM, in writing, any required changes or corrections that must be made that the City and or other parties having the right of approval, as described herein, may deem necessary in their sole discretion. The failure to receive the approval described herein shall not excuse the performance by AHM of any provision and/or activity described and/or required in this Agreement. The City, and other parties having the right of approval, as described herein, shall have the right at all times to observe any and all activities described in Article II. Neither the City nor other parties having the right of approval as described herein shall have any liability or responsibility for the architectural or engineering design or for any defect in any building or improvement constructed from the plans or specifications described herein, nor shall such approval and/or observation relieve AHM from any or all of its obligations provided herein. Minor repairs and/or alterations necessary to maintain existing structures and improvements located upon the lands in a sound state of repair does not require submission and approval as described herein. Section 2.06. Display of Artifacts. On or before eighteen (18) months after the Fund Date, and thereafter during the term hereof, AHM shall display to the public, the Artifacts described in Section 2.03, as jointly approved by the City and AHM, on the Lands. Section 2.07. Surety.,Any and all contracts that AHM may enter into with third parties to participate in the construction and/or location of improvement activities contemplated by this Agreement shall contain the requirement that such third parties adequately bond their performance Agriculture Heritage Museum Page 5 of 22 under said contract, naming the City as a co- beneficiary or co -secured. The original of said bonds are to be suitable in form to the City and submitted to the City prior to the commencement of any activities of any kind by such third parties. Section 2.08. Ownership of Buildings and Improvements. Any and all buildings, walkways, parking lots, fences, entrances and any other structures or improvements, except as provided below, constructed, placed, located and/or maintained on any part of the Lands during the term to this Agreement which are included on Exhibit "B" attached hereto shall be considered part of the real property and must remain on the Lands and, subject to the terms of this Agreement, become property of the City, from and after the termination of this Agreement. Those improvements, which are included on Exhibit "C", located and/or maintained on any part of the Lands during the term of this Agreement are considered temporary improvements and not a part of the real property, and shall remain the property of AHM from and after the termination of this Agreement. After the initial list comprising the property described on Exhibit "B" and Exhibit "C" is established and attached hereto, and prior to the placement of any additional or temporary improvements upon the Lands, AHM shall consult with the City and mutually agree upon whether the proposed improvement should be included on Exhibit "B" as a permanent improvement, or Exhibit "C", as a temporary improvement. If the City and AHM cannot agree on which list the proposed improvement should be included, then any and all buildings, additions to buildings and any other improvement that would be classified or considered as a fixture or a part of the real property wherein located, shall remain on the Lands, and subject to the terms of Agreement, become the property of the City from and after the termination for this Agreement. Section 2.09. Removal of Improvements. AHM may at any time in its discretion remove temporary improvement such as Artifacts, provided another similar exhibit article or improvement shall be placed in the removed improvement's place within forty-five (45) days of removal. Agriculture Heritage Museum Page 6 of 22 Upon termination of this Agreement, AHM may remove all property included on Exhibit "C", and AHM shall repair any and all damage to any buildings or improvements on the Lands resulting from such removal. Any and all of such items not removed by AHM on or before ninety (90) days after the termination of this Agreement, shall, at the option of the City, either (1) become the property of the City; or (ii) be removed and disposed of by the City at AHM's sole cost and expense. In the event the City shall elect to remove such property, the City shall owe no duty to protect such property, and shall in no event be liable to AHM for loss, damage or destruction of same. The City may dispose of any such property in any manner it desires in its sole discretion and retain any proceeds received therefor. ARTICLE III Operations of AHM Section 3.01. Security. AHM shall take any and all actions necessary to prevent the entry of unauthorized persons in, on and/or over the Lands. Such actions shall include, but are not limited to, the fencing of the Lands sufficient to exclude the entry of unauthorized persons. Section 3.02. Access of Public. From and after the placement of Artifacts on the Lands, entrances to the Lands shall be open to the general public within reasonable hours as designated by AHM and approved by the City. Section 3.03. Utilities. AHM shall be responsible for providing, furnishing and connecting all utilities to the Lands and any and all improvements located thereon and shall bear any and all expenses of any kind or nature for the providing of same to the Lands and the utilization of same in connection with the operation of the Museum Project. Such utilities shall include, without limitation, water, telephone, electricity, gas, power, sewage disposal and rubbish removal. City shall provide, at its expense, water and sewer service to the boundary of the Lands for connection thereof by, and at the expense of, AHM. Agriculture Heritage Museum Page 7 of 22 Section 3.04. Taxes. AHM shall pay and discharge all charges, including without limitation, personal property taxes, gross receipt taxes, general and special assessments, and other charges of similar nature which may be levied or assessed against the Lands, the Museum Project, and/or any activity contemplated by this Agreement, if any. Section 3.05. Oversight. AHM shall provide at least one (1) full-time employee of good character to be present on the Lands during all hours that the Museum Project is open to the public. Section 3.06. Fees and Concessions. The license granted herein includes the grant of a concession to AHM to sell goods and/or merchandise relative or related to the Museum Project (the "Concession Items") on the Lands. The City shall have the right to review and approve, in its discretion, goods and/or merchandise to sell on the Lands. Section 3.07. Prohibition of Encumbrance. AHM shall not encumber any interest in the license granted herein, the Lands, the improvements described herein, and/or this Agreement, in any way, manner of form, including, but not limited to, by deed of trust, mortgage or any other security instrument. Further, AHM shall not cause or permit any mechanic's liens or any other liens to be filed against the license granted herein, the Lands, the improvements described herein, and/or this Agreement by reason of any work, labor, services or materials supplied and/or performed or claimed to have been supplied and/or performed to, by or for AHM or any contractor or subcontractors of AHM. Section 3.08. Right of Entry — City. Nothing contained in this Agreement shall be construed to prohibit the City's right of entry, and the City expressly reserves the right of entry, in, on, over and/or across the Lands, at any and all times, and for any and all purposes. Notwithstanding the above, the City shall only enter the buildings located upon the Lands, in an event of emergency, with the prior consent of AHM or in furtherance of the City's municipal or governmental functions. Agriculture Heritage Museum Page 8 of 22 Section 3.09. Audit. AHM shall keep complete and accurate records, books and accounts according to generally accepted accounting principles, and the City shall have the right to examine and audit said records at any reasonable time. AHM shall furnish to the City an annual audit of its books by a certified public accountant on or before ninety (90) days after the end of each fiscal year of AHM. Section 3.10. Control of Citv. The City shall retain all authority placed in it which is non - delegable. No provision of this Agreement shall be construed as delegating any non -delegable right, power or duty of the City, and in the event of a conflict between this Section 3.10 and any other term or provision of this Agreement, this Section 3.10 shall control and such conflicting term or provision shall be void and of no force and effect. ARTICLE IV Operation Funds Section 4.01. Solicitation of Funds. AHM shall, during the effective term of this Agreement, utilize its best efforts to solicit funds from various sources, including, but not limited to, memorials, honorarians, grants, membership dues, concessions and gifts in kind, or any other like sources to be utilized in the creation, construction, operation and maintenance of the Museum Project. Section 4.02. Operation Funds. AHM shall at all times maintain adequate funding to operate, construct and maintain the Museum Project in accordance with the terms hereof. Agriculture Heritage Museum Page 9 of 22 ARTICLE V Maintenance and Repair Section 5.01. Maintanance and Duty to Repair. At all times during the term of this Agreement, AHM shall keep and maintain, or cause to be kept and maintained, all buildings and improvements, including, but not limited to, Artifacts erected and/or located on the Lands, and the landscaping, including, but not limited to, lawns, grasses, flowers, and flower beds, shrubs and trees, in a good state of appearance and repair, to be determined by the City, in its sole discretion, at AHM's sole expense. Section 5.02. Damage or Destruction. If any building or other improvement not described on Exhibit "C" constructed and/or located on the Lands, is damaged or destroyed by fire, vandalism, or any other casualty, regardless of the extent of the damage or destruction, AHM must, within nine (9) months from the date of the damage or destruction, complete repair, reconstruction or replacement of the damaged or destroyed building or improvement to the original condition of such building or improvement. In the event any improvement described on Exhibit "C" is damaged or destroyed by fire, vandalism, or any other casualty, so long as AHM shall in compliance with all terms and provisions of the Agreement, including without limitation, all terms relating to the Site Plan, AHM shall, in with consultation with the City, decide whether to repair or replace the damaged or destroyed improvement. ARTICLE VI Insurance, Indemnity and Release Section 6.01. Indemnity and Release. AHM SHALL INDEMNIFY AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE CITY, AND CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS OR LIABILITIES, OF ANY Agriculture Heritage Museum Page 10 of 22 KIND OR NATURE, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACTIVITIES CONTEMPLATED HEREUNDER, AHM'S OCCUPATION OF THE LANDS OR OTHER CITY OWNED LANDS, OR THE OMISSION OF THE ACTIVITIES CONTEMPLATED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, LOSSES, DAMAGES, CLAIMS OR LIABILITIES ARISING FROM OR RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACT OR OMISSION OF THIRD PARTIES AND/OR CAUSED OR CONTRIBUTED TO, IN ANY WAY, MANNER OR FORM, BY THE NEGLIGENCE, OF ANY TYPE OR DEGREE, OR FAULT OF CITY, ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS. AHM FURTHER COVENANTS AND AGREES TO DEFEND ANY SUITS OR ADMINISTRATIVE PROCEEDINGS BROUGHT AGAINST THE CITY AND/OR THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS ON ACCOUNT OF ANY SUCH CLAIM, AND, WITHOUT LIMITING THE INDEMNITY PROVIDED HEREIN, TO PAY OR DISCHARGE THE FULL AMOUNT OR OBLIGATION OF ANY SUCH CLAIM INCURRED BY, ACCRUING TO, OR IMPOSED ON THE CITY, OR THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE, RESULTING FROM ANY SUCH SUITS, CLAIMS, AND/OR ADMINISTRATIVE PROCEEDINGS OR ANY MATTERS RESULTING FROM THE SETTLEMENT OR RESOLUTION OF SAID SUITS, CLAIMS, AND/OR ADMINISTRATIVE PROCEEDINGS. IN ADDITION, AHM SHALL PAY TO THE CITY, THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE, REASONABLE AND NECESSARY ATTORNEY'S FEES INCURRED BY SUCH PARTIES ITS ENFORCING AHM'S INDEMNITY IN THIS SECTION. Agriculture Heritage Museum Page 11 of 22 THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, SHALL NOT BE LIABLE, AND AHM HEREBY RELEASES THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FOR, FROM AND/OR AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS OR LIABILITIES TO AHM, ON ANY THEORY OF LEGAL LIABILITY, INCLUDING, BUT NOT LIMITED TO THE NEGLIGENCE, OF ANY TYPE OR DEGREE, OR FALTLT, OF THE CITY, AND/OR ARISING FROM OR RELATED TO, IN ANY WAY, MANNER OR FORM, THE UNENFORCEABILITY OR VOIDANCE, FOR ANY REASON, OF ALL OR ANY PART OF THIS AGREEMENT. THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THE TERMINATION OR VOIDANCE OF THIS AGREEMENT. Section 6.02. Insurance. AHM shall procure and carry, at its cost and expense through the life of this Agreement, and the period of time described in Section 2.09 above, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the State of Texas, covering all foreseeable aspects and operations in connection with this Agreement, including, but not limited to, all aspects, operations and/or occurrences to which AHM has indemnified the City, as provided in Section 6.01 hereof. A Certificate of Insurance specifying each and all coverages shall be submitted to the City prior to the execution of this Agreement, except as it relates to the required Building Risk Insurance, of which said Certificate shall be submitted no later than fifteen (15) days prior to the commencement of construction activities. AHM shall provide to the City proof of the below described insurance on or before fourteen (14) days prior to the expiration date of each expiring policy, and cause each required policy to require the insurer to (i) give notice to the City, as specified herein, of termination of any such policy sixty (60) days before such termination is to be effective; and (ii) contain a waiver Agriculture Heritage Museum Page 12 of 22 of any and all of the insurer's rights to subrogation that any such insurer or insurers may acquire by virtue of payment of any loss under such insurance. A. Comprehensive General Liability Insurance, AHM shall have comprehensive general liability insurance, with limits of $1,000,000.00 combined single limit in the aggregate and per occurrence. The City shall be named as an additional insured in such policy. B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. AHM and/or its contractor(s) shall obtain an Owner's Protective or Contingent Public Liability Insurance policy in the amount of, for bodily injuries, including accidental death and/or property damage of $1,000,000.00 combined single limit. This insurance coverage shall include coverage against casualty or damage, including, but not limited to, damage caused by fire and/or vandalism, to any and all buildings and/or other improvements located on the Lands, and shall name the City as an additional insured. C. Worker's Compensation Insurance. AHM, throughout the period described above, and all contractors hired by AHM to perform work at any site on the Lands, throughout the course of the job, shall maintain worker's compensation insurance coverage in accordance with the statutory requirements of the State of Texas. D. Builder's Risk Insurance. AHM and/or its contractor(s) shall have Builder's Risk Insurance in the amount of one hundred percent (100%) of the prices of each contract relating to the construction activities contemplated in Article II, above, and the insurance shall name the City as an additional insured. ARTICLE VII Warranties, Covenants and Representations of AHM Section 7.01. Existence. ARM is a corporation duly organized, validly existing and in good standing under the laws of the State of Texas, and is duly qualified to carry on its business in the State of Texas. Section 7.02. Power. AHM has the corporate power to enter into and perform this Agreement and all activities contemplated hereby. Section 7.03. Authorization. The execution, delivery and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all requisite corporate action on the part of AHM. Agrecutture Heritage Museum Page 13 of 22 Section 7.04. Board. AHM shall amend its Articles of Incorporation and/or Bylaws, and any other corporate documents, to provide and effectuate, that, during the effective term of this Agreement, one (1) of its Board of Directors be comprised of a person recommended by the City Council of City , and shall take, or cause to be taken, whatever actions are necessary to effectuate said appointment or appointments. ARTICLE VIII Events of Default and Remedies Section 8.01. Default A. Default of AHM. An Event of Default (herein so called) shall exist if anyone or more of the following events shall occur: 1. Any representation or warranty made by AHM in this Agreement shall prove to be untrue or inaccurate in any material respect as of the date on which such representation or warranty is made; 2. AHM shall default, in any way, manner or form, in the performance of any of the covenants, provisions and/or terms of this Agreement; 3. AHM shall (i) apply for or consent to the appointment of a receiver, custodian, trustee, intervenor, or liquidator of itself or of all or a substantial part of its assets, (ii) voluntarily become the subject of a bankruptcy, reorganization or insolvency proceeding or be insolvent or admit in writing that it is unable to pay its debts as they become due, (iii) file a petition or answer seeking reorganization or an arrangement with creditors or to take advantage of any bankruptcy or insolvency laws, (iv) become the subject of an order for relief under any bankruptcy, reorganization or insolvency proceedings, or (v) fail to pay any money judgment against it before the expiration of thirty (30) days after such judgment becomes final; or 4, AHM shall default in the payment of any material indebtedness of AHM. B. Default of City. An Event of Default (herein so called) shall exist if: City shall default in the performance of any of the covenants, provisions and/or terms of this Agreement. Agriculture Heritage Museum Page 14 of 22 Section 8.02. Remedies upon Event of Default. A. Remedies of City. If an Event of Default of AHM shall have occurred and be continuing, then the City, at its option may (i) declare this Agreement, and all rights and interest created by it, terminated; (ii) assert an action for any and all damages available to the City under this Agreement and/or pursuant to law or equity; and (iii) pursue and enforce any rights of the City as provided under this Agreement pursuant to any applicable law or equity, or otherwise. In the event the City elects to terminate this Agreement as provided herein, this Agreement shall cease as if the day of the City's election to terminate was the day originally fixed in this Agreement for its expiration. The remedies provided to the City by law, equity, this Agreement or otherwise are cumulative, to the extent permitted by law. The exercise by the City of the remedies provided herein shall not constitute an election of remedies, and the City, irrespective of its exercise of remedies as provided herein, or a portion thereof, shall be entitled to exercise, concurrently or otherwise, any and all remedies available to it by law, equity, this Agreement or otherwise. B. Remedies of AHM. If an Event of Default of City shall have occurred and be continuing, then AHM may, as its sole and exclusive remedy, terminate this Agreement. ARTICLE IX Miscellaneous Section 9.01. No Waiver. No failure to exercise, and no delay in the exercise on the part of the City, of any right hereunder shall operate as a waiver thereof, nor shall any single or partial Agriculture Heritage Museum Page 15 of 22 exercise thereof preclude any other or further exercise thereof or the exercise of any other right. The rights of the City hereunder shall be in addition to all other rights provided by law. Section 9.02. Notice. Any notice required or permitted to be given herein must be given in writing and must be personally delivered, delivered by telephone facsimile, or mailed by prepaid certified or registered mail to the party to whom such notice or communication is directed at the address of such party as follows: City: Director of Parks and Recreation P.O. Box 2000 Lubbock, Texas 79457 Telephone: (806) 775-2235 Fax: (806) 775-3240 AHM: Chairman of AHM 1500 Broadway, Suite 700 Lubbock, Texas, 79408 Telephone: (806) 765-7491 Fax: (806) 765-0553 Any such notice or other communication shall deemed to have been given (whether actually received or not) on the date it is personally delivered or delivered by telephonic facsimile, or, if mailed, on the third day, after it is mailed as aforesaid. Any party may change its address for purposes of this Agreement by giving notice of such change to all other parties pursuant to this Section 9.02. Section 9.03. Assignment/Sublet. This license is personal to AHM. AHM shall not assign or sublet this license. Any attempt to assign or sublet this license shall terminate the license granted herein. Section 9.04. City. Unless otherwise provided herein or required by law and/or local ordinance, charter or code, any action required or permitted to be taken by "the City", shall be taken by the City Manager of the City of Lubbock or any party designated by him or her. Agriculture Heritage Muscum Page 16 of 22 Section 9.05. Relationship to Parties. The relationship between the City and AHM is at all times solely that of license and licensee, and may not be deemed, in any event, a partnership or a joint venture. Section 9.06. Compliance with Applicable Law. AHM shall comply with all applicable federal, state and local roles, regulations, statutes, laws and ordinances governing, in any way, manner or form the construction activities contemplated herein, the operation of the Museum Project, the occupation of the Lands, and/or any other aspect of the activities described in or contemplated by this Agreement, including without limitation, those regarding to access of the facilities by handicapped persons and the storage, display and alteration of antiquities. Section 9.07. Time of the Essence. Time is of the essence of this Agreement. Section 9.08. Texas Law/Venue. This Agreement is to be construed under Texas law and applicable federal law, without regard to conflict of law rules that would direct application of the laws of any other jurisdiction, and all obligations of the parties created by this Agreement are performable in Lubbock County, Texas. Venue for any action brought pursuant to this Agreement, or any activity contemplated hereby, shall lie exclusively in Lubbock County, Texas. Section 9.09. Partial Invalidity. Except as otherwise provided herein, if any one or more of the provisions contained in this Agreement are for any reason held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability will not affect any other provision of this Agreement, which shall be construed as if it had not including the invalid, illegal or unenforceable provision. Section 9.10. Agreements Superseded. This Agreement constitutes the parties' sole agreement and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter hereof. Agriculture Heritage Museum Page 17 of 22 Section 9.11. Amendment. No amendment, modification, or alteration of this Agreement is binding, unless in writing, dated subsequent to the date of this Agreement, and duly executed by the parties. Section 9.12. Attorney's Fees. If, as a result of either party's breaching this Agreement, the other party employs or uses an attorney or attorneys to enforce its rights under this Agreement, and prevails in such enforcement, then the breaching party shall pay the other party the reasonable attorney's fees and costs incurred to enforce this Agreement. Section 9.13. Exhibits. The Exhibits which are referenced in, and attached to this Agreement, are incorporated in and made a part of this Agreement for all purposes. Section 9.14. Captions. Section captions are for convenience only and shall in no way affect the interpretation of this Agreement. Section 9.15. License Agreement. The intent of this Agreement is to grant a license to AHM to utilize the Lands solely for the purposes described herein. This Agreement shall not be construed, in any way, manner or form, as a lease of the Lands or as conveying to AHM any interest in the real property comprising the Lands. EXECUTED and effective as of the date of the execution by the City of Lubbock. CITY OF LUBBOCK, T S AMARC JdcDOUGL, MAYOR ATTEST: Rebecca Garza, City Secretary Agricuiture Heritage Museum Page 18 of 22 APPROVED AS TO CONTENT: &'J" at -- Corbin Pemberton Director of Parks and Recreation APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney ke/Richard/Ag H eri tageM useum. Agreemen t_ redl i neaceptd November 25, 2003 Agriculture Heritage Museum Page 19 of 22 Resolution No. 2003—RO554 EXHIBIT A Agriculture Heritage Museum Page 20 of 22 a ERTY .� 0 P�+ n 10 9L i 2 1 O I=11 1 �• sD' ]D' 5rl.T T S6. 75'Ts ia E 9TH CITY PROPERTY 0• sT so 60 6v60 60 13 - ,:1 2 3 4 5 6 " Ag N ,s -.14 15 16 17 18 19 CITY PROPERTY ;CITY PROPERTY 5T' 60' W. 60 sD 11 12 E s10 H STR pj 57 60' 60' 60.5 60 gip' Heritage �1 2 3 q A 15 16 1 i 1 8 1 24.87 271.25'Q' ! E- MAIN STREET 420.5' 60, ., .� 6 ., 66.4 ., 5.4 6 5 4 3 2 1' W � s0' CITY PROPERTY > 0 1 i a 26' E, LOT 1 E BRO, East Broadway 372.4' 6T•29' y 2T0. SCAM D.F. Resolution No, 2003—RO554 EXHIBIT B Agriculture Heritage Museum Page 21 of 22 ±z `� � ■ ` } � 4 f , .�\ - % . ��._. . . No Text SOUTHWEST MUSEUM SERVICES ;! G71r(iIle P/CQlV?3d awwl llele y�Ytmoas i q, in wide-open grassland has dominated the O r popular conception of the South Plains. Although cattle ranching helped attract settlement to the Caprock, farming has long been the major component of the Lubbock and the South Plains economy. When visitors see the American Museum of Agriculture, they will begin to understand the importance of agriculture in American life, and throughout history. It is no mistake that one of the largest federal buildings in Washington, DC, is the Department of Agriculture. Likewise, the immense structure that will house the American Museum of Agriculture will impart the grandeur of American agriculture and its importance to American society at large and the South Plains specifically. The museum will emphasize the historical evolution of the farmers' final frontier as it reached a high water mark on the Southern Plains. Visitors to the American Museum of Agriculture will be pleasantly surprised by the scope and content of the museum. The front entry will excite their senses and invite them into an exhibition hall that will appeal to enthusiasts of vintage tractors and farm equipment, students seeking a greater knowledge of farming histor34 and tourists interested in the agricultural heritage of Lubbock and the South Plains. Exhibits in the American Museum of Agriculture will convey the history of American agriculture at two levels. On one hand, they will tell the story of American agricultural history and development as it changed from the labor-intensive, subsistence farming of our nation's early years, to the introduction of the steel plow and mechanization in the 19th century. As the storyline progresses into the early 20th century, attention will shift increasingly toward the Southern Plains. Modem developments in agricultural production, irrigation, chemical fertilizers, and hybrid crops will round out the story of American farming. On the other hand, the American Museum of Agriculture will serve the interests of the local community and the greater Lubbock region by focusing on how agricultural developments affected the Lubbock and South Plains. Exhibits will show national agricultural development~ through local eyes. For example, Eli Whitney's cotton gin made short -fiber cotton more profitable, and led to its spread across the lower South and eventually to the Caprock. Likewise, other agricultural developments across the nation have been applied to farming on the South Plains. SOUTHWEST MUSEUM SERVICES r I& Girt Shop i -- Recepl>un' Y ISIItl14 CCIIICI Leamd t m iya 6 c. re ..r. am pm„ offi� Yrw wam ❑.ants, The museum exhibit design will take into consideration the various roles the museum will play. To further establish the museum as an educational center, the exhibits will meet nationally recognized history standards as well as take advantage of the extraordinary collection of farm tools and tractors that have already been collected by the museum.-Mroughout the museum, the exhibit will stress several areas, the importance of agriculture to Texas and South Plains society and history, the need for technology in modem farming, and how farming implements have improved and changed American agriculture. Inside, visitors will be guided via a timeline that continues throughout the museum. The ehildrem teaming timeline highlights important advances in agricultural history. A working restoration shop 1 ; in the rear of the building will give visitors the opportunity to watch how the machinery °` is restored and track the progress of a particular implement during the course of its restoration. A covered patio including a classroom, picnic area, outdoor display Ire • — � ,.,. f— ---� SuxaOr CZ r u-.v area, outdoor tractor display, and children's outdoor agriculture demonstration ---- ' I ""� "' area is included in the preliminary design plan. The covered outdoor area takes C.wsorvwhw � Roam "° A —? advantage of the fact that the area considered for the American Museum of Office T 2. Agriculture overlooks one of Lubbock's most scenic parks. �vvo k I A larger -than -life hand plow will be the focal point of the entrance to the Area f� museum. Not only will this provide the museum with a signature feature in the actOF CntllCtion i front, it also serves to divide the entrance into two areas: a visitors center and a y� Main Displav� gift shop. 7 }jtFri r, M The format of the American Museum of Agriculture naturally lends itself to tC ° incorporating interactive components into the display and exhibit area. Many of vaat I the visitors who will be drawn to the tractor displays will want the opportunity to Drive wav view the implements up-ckw. The museum design will include ample opportunity lhl for enthusiasts to see finished tractors, while at the same time observing safety and preservation considerations. Visitors will also have the opportunity to view machinery in various stages of resooiadon in the workshop awL Childna and edutaliortal pettpt; wig be able :to tukw. I rd .5. Ir . 4L 4L SOUTHWEST MUSEUM SERVICES N owl . y _ i h Ares q II F SOUTHWEST MUSEUM SERVICES AMERICAN USEUM n4"&I" Here visitors will be given, via a video presentation, a broad overview of agricultural history, covering the birth of farming from pre -historic times to the American colonial era It will differentiate between agricultural development in the Old World and the New World, and describe changes in European diet. The overview will set the stage for issues relating to agriculture on the Southern Plains. The video will explain the 'Tour Seasons of Farming;" winter plowing, spring planting, summer cultivating, and fall harvesting. Additionally, panels and displays will illustrate the importance of water, soil and climate to agricultural development Removing any of these elements seriously affects the quality and quantity of agricultural products. This area will explore how essential these three key elements are to agriculture, and how various societies have overcome the limitations, or yielded to them. Special attention will be given to the development of dry -land farming, the importance of the Ogallala Aquifer, and the development of the High Plains Underground Water Conservation District, and other solutions facing farmers on the Southern Plains. Methods of irrigation will be prominently displayed near a large water -pump sculpture. MUSEUM SERVICES SOUTHWEST MUSEUM SERVICES AMERICANUSEUM RVICES 3OIJTHWEST MUSEUM SERVICES AMERICAN MUSEUM N., ' Ir 7r anti pdaefs in this section will allow visitors to begin focusing upon the agricultural heritage of Texas and + .4-FW t< OwSw44 n:gion in particular. Included in this area will be a presentation of staples native to the Texas region, i%A as ai isort nari ve crops. Additionally, a discussion of the varieties of livestock in Texas, such as sheep, gtu�L and cage, will be presented. Exhibits and panels on different soils, climates, and the change in agriculture from t a ; 1titi rice W Ceali chops will also be considered. wilt An go the impression of visiting a cotton market in order to learn about the expansion of the "Cotton �+il I rieMr oxarnp les of differen r var it i lea of cotton, and the dramatic influence of the cotton comb and taaE[ gin to the de rin[Aft nt and spread of short staple cotton from the Deep South into Texas. A mock-up � F `td# a cotton gin will allow visitors to see how a gin worked, and allow them to use a hand-held model. The section will also ioehede panels on stave labor, and the debate before the Civil War over whether the institution of slavery could continue into the Great Plains of the United States. Visitors will also learn how increased demand for cotton following World WarI prompted the final expansion of the crop into the South Plains, and increased the need for migrant workers during the harvest. a It ti 0 SOUTHWEST MUSEUM SERVICES fL it Al L ni r l 1 7r llTra' C011eCtlon Main Display -• Ilsia� i r Drive Way SOUTHWEST MUSEUM SERVICES AMERICAN rUSEUM � &" 4. gm- c" t it madiwery tow did the focus of American agriculture change from one of subsistence farming and limited cash crops to modern - lay agribusiness giants like ConAgra, Archer Daniels Midland and Tyson Foods? This gallery will consider the xrsinm of modern farming, including the application of science and technology to agricultural production and how ON%i mess applies new developments to farming. Historical developments include changes to the dairy industry by fail Borden. The efforts of Seaman Knapp, who brought the efforts of the Cooperative Extension Service to Texas in 903 to eradicate the bollweevil, also led to important changes that affect us today. This area will also evaluate the L-mlopment of agricultural science, and the development of the Texas Agricultural Extension Services departments it Texas A&M and Texas Tech Universities. kmple space will be devoted to displaying the impressive collection of farm equipment the American Museum of Agriculture has already collected. In addition to displaying the restored tractors and provid ft Wside exhibit areas for equipment that will not be restored, the Exhibit hall contains ample room to allow the k iewAnd Or kilni&Nli r _ projects under completion. The display area will feature a working restoration area scpar*cd ►y IwV glasx or ..; . Plexiglas walls to prevent accidents and injury to visitors while allowing them to see lw9ftss o curter i rrmudels under repair. Machinery and tractors will also be featured prominently in dioramas %pread thF13 the enhi bit area. SOUTHWEST MUSEUM SERVICES SOUTHWEST MUSEUM SERVICES AMERICAN�AUSEUM �✓ X�.�C'LfQ�.�ilil isia, farmers have stood in defense of their livelihoods, often in the face of overwhelming conomic downturns seriously affected American farmers from the late 19th century through t forces, absentee landowners, and greater corporate involvement led to changes that resulted 1983, visitors will learn that many of the same forces had a similar impact upon farmers in ns. Various farriers' movements arose in Texas in the late 1800s, culminating in Southern e birth of the Populist's Party. The focal point will be a mannequin representing V�Iliam Ming for farmers, and an explanation of how the Texas farm economy reflected national atl to this presentation will be the popular image of farm and rural living as well as the to the South Plains. Texas, and the nation. A from the 1930s, the effects of the Great Depression and the subsequent Dust Bowl will ig the presentation, an interactive giving visitors the -experienceof being in a dust storm iagnitude of the dust storms. An overview of the New Deal Farm Security Administration P relieve theAmerican agricultural community will be included tesettl t Pro' the Lame a F uuIce C emen j-4 s arm or rs ommumty ._ s examples of how New Deal measures led to a decline in _ Ts fitting for a discussion of the origination of Faun Extension t dtural sciences programs in colleges and universities to be - r r '-j ,)vu 1 11VVL)1 MUSEUM SERVICES SOUTHWEST MUSEUM SERVICES - AMERICAN MUSEUM 6 qaxwo "W366mly Farm women have always worked just as hard as the men. In addition to cooking and cleaning, washing clothes and gathering eggs and milk, they have the added responsibility of raising the children. Women often stood in and ran the farm when men were away, ill, or died, as during the Civil War for example. Migrant families faced the added difficulty of constantly moving to follow the harvest. This area will examine the various roles of women, household tools - such as sad irons and butter churns —and the difficulties of raising children in rural areas- The development of farm -to -market roads and electric and telephone cooperatives also improved all-weather transportation, communication, and introduced many new devices to rural areas such as electric irons and extending evening activities. A display or diorama will illustrate the role of women in agricultural communities. The area will also include advertisement and articles aimed at improving the lives and workload of farm wives. From spacious plantation homes to clapboard shacks, from dugouts to stave quarters, rural housi has many permutations. Just as varied as housing, rural life in general often differs from region region. '[iris area will show visitors that farm living was often difficult and monotonous. At the sa time, harvest celebrations, dances, church picnics, and other social events allowed people in ru areas to interact and relieve some frustrations. In the late 18Ws, many romantic images of rural I clashed with a population movement from the farm to the city. The gallery will also examine effc aimed at improving cultural activities in rural areas, such as the Chautauqua Movement, ar' " —' Life Association, and C. W. Post's intent to build a model town off the Caprock and sell mods on the South Plains to immigrants from other arms. The exhibit will also address other effa improve the quality of rural life Including rural ekctrifictttion farm -to -mantel roads, and rur Mail deli very. In VV LJL IV LUJIL JIVI JL 1tV 1\. LJ OUTHWEST MUSEUM SERVICES AMERICAN USEUM C1 r the constants in agriculture is change. Texas is not exempt from crop adaptation and changes. The fluidity culture is influenced by many factors, including market prices, disease and pests, and climatic changes. This t area will consider some of the changes in crops on the South Plains. In addition to expanding cotton :lion, crop diversification has occurred_ New crops such as peanuts, vineyards, sunflowers, and other truck crops Loved into the region. Visitors will be encouraged to form their own opinions on questions about new crops in aon. rs are also taking advantage of technological advances to improve production. Techniques such as using drip on center pivots and leveling farmland acreage with laser technology both have improved the effectiveness ption. The federal government's Conservation Reserve Program (CRP) is one example of efforts to return I grasses to the land to prevent erosion. Tractors now take advantage of global positioning satellites to guide hrough the fields. The use of cotton modules and improved ginning processes has also increased the use of logy and reduced the amount of labor necessary to harvest cotton crops. As in any other business. Texas Iture producers must take advantage of new technology to meet the constantly changing demands of a world x "ter I,a►' ix . , 1. w/` 00, • \f � � | Aw /�����`%i���� \ %^�� � ■ apt OIL _«:_- No Text No Text Ic -Ira 2_9 A-e mar -.g Atl Ad 4W"'W-*7fqM. MEW! dd ffv�l - -J 4e' JR 0, 441l i jp 0�* Ali Z7 006L - A JO, Resolution No. 2003—RO554 EXHIBIT C Agriculture Heritage Museum Page 22 Of 22 Exhibit C Resolution No. 2003-RO554 BROOKS FAMILY PEDAL TRACTORS American Agriculture Museum Lubbock, Texas Allis Chalmers 1. Allis Chalmers C . Correct restoration; extra hole in seat; paint and decals good; $1000, 2. Allis Chalmers CA, late version. Wrong pedals; pedal crank brng out; 3. hitch latch missing, chain off pedal shaft sprocket, paint and 4. decals fair. $850. 3. Allis Chalmers D-14. Correct; original including tires; clicker missing; paint and decals, good. $1000. 4. Allis Chalmers D-17. Wrong pedal caps; clicker missing, one slick front tire; back tires not mates; one rear wheel welded; hitch latch missing, wide seam at top of casting along top of hood; good paint and decals. $850. 5, Allis Chalmers 190 Bar Grille. Wrong pedals; rough repair of hole in top of hood; no hitch pin; chain missing, good paint and decals. $900, 6. Allis Chalmers 190 XT. No hitch pin; no chain; good paint and decals. $650. 7. Allis Chalmers 200. No chain; wrong steering wheel; no decal on rear of seat; good paint and decals. $650. 8. Allis Chalmers 7080 Maroon belly. Wrong steering wheel, rusty pedal caps; good Paint and decal. $400. 9. Allis Chalmers 7045. Original; played with condition; paint and decals fair, rear wheels mounted backward. $350. 10, Allis Chalmers 8070. New original. Very good. $350. CASE 11, Case VAC. Very good; correct original; 1 new rear tire but matches other tire very well. $1300. 12. Case 400. Missing hitch latch and clicker; rusty pedal ends and push nuts; wom rear wheel hubs; good paint and decals. $1700. 13. Case Case-O-Matic. No chain; left rear tire is mounted backward; good paint; fair Decals. $850. 14. Case 30 Comfort King. Original; good paint; fair decals; seat should be orange. $800. 15. Case 1070 Tan & Orange. incorrect rear wheels, should be moon type; rusty pedal caps; decals on sides should have black background, not white; good paint and decals. $450. 16. Case 1070 White & Orange. John Deere seat; should have moon rear wheels; Wrong decals on sides; no chain; no hitch pin; good paint. $350. 17. Case 2590. Original; very good. $300. 18. Case Black & White. New; original; very good. $300. 19. Case-IH 2594. First red and black; original; new. $300. 20. Case-1H 7130. Wide front; new; good paint and decals. $200. FORD 21. Ford 900 solid grille. Left fender welded; hard steering; no chain; good paint. $2000. 22. Ford 900 bar grille. No chain, good paint; new tires. $2000. 23. Ford 6000 Commander Diesel. Incorrect rear wheels; seat should be gray; chin should be gray, not blue; entire grille should be gray; no chain. $1100. 24. Ford 8000. Should have gray seat and steering wheel; should have metal front wheels; good paint. $250. 0 25. Farmall H. Non cleated rear tires; incorrect muffler; incorrect seat; incorrect pedal nuts; welded seat bracket; good paint and decals. $900. 26. Farmall H. Cleated rear tires; incorrect rear wheels and muffler; no chain. $900. 27. Farmall M Mid -size. Has low steering bracket; welded seat; wrong pedal caps; Frozen chain; worn left near wheel hub; good paint and decals. $800. 28. Farmall M Mid -size. Has high steering bracket; no decals; wrong pedals; no pedal nuts; hub caps should not be painted; no chain; steering wheel not painted. $750. 29. Farmall M Large. No hitch latch; rusty pedal ends and nuts; no noise clicker; good paint and decals. $900. 30. Farmial1400, Wrong pedals and push nuts; slick right rear tire; wrong axle housings; shifter knob should be black; no clicker, paint is too dark for this tractor; good decals. $650. 31. Farmall 450. Wrong pedals and push nuts; no hitch latch; wrong seat; fair decals; good paint. $700. 32. Farmall 560. Wrong seat; wrong pedals and push nuts; worn left pedal bmg; fair decals; fair rear tires; good paint. $400. 33. Farmall 806. Incorrect rear wheel on right; near tire on right is new but other side has old tire; steering wheel has Case decal; seat should be red; no hitch pin; no seat decal; good paint and decals. $350. 34. International 856. Wrong rear wheels; wrong pedals; wrong front tires; welded front hood over steering post; no hitch pin; no steering nor seat decals; no chain; fair paint and decals. $350. 35. International 1026. Seat should be red; no hitch pin; no steering wheel nor seat decals; good paint and decals. $350. 36. International 1066. New tractor, wrong decals for this tractor, should be a 1086; good paint. fair decals. $350. 37. International 1086. Rusty hub caps and push nuts, decals should be for a 1066 to match rest of tractor. $250. JOHN DEERS 38. John Deere A Coffin Block_ Duplicate tractor; chain off pedal sprocket; hub caps should be yellow; good paint; good decals; new tractor. $700. 39. John Deere A. Duplicate tractor, no chain; good paint and decals; new tractor. $600. 40. John Deere 60 Small seat forward No chain; incorrect front wheels; incorrect seat; incorrect decal on back of seat; rough welding on inside of rear wheels. $650. 41. John Deere 60 Small seat back. Later model, also has gussets on hitch sides. Incorrect pedals, exhaust, front wheels and front tires; no chain; incorrect decal on back of seat. $550. 42. John Deere 70. No clicker; worn pedal brngs; no chain.; extra decal on back of seat; very good paint and decals. $1000. 43. John Deere 70. Same tractor as #42. One broken pedal; missing shifter lever; welded hub inside left rear wheel; fair {Taint and decals. $850. 44. John Deere720. No chain, wom pedal brngs; no clicker, extra decal on back of seat; good paint and decals. $800. 45. John Decre 730. Rusty pedals and nuts; extra decal on rear of seat; rusty front caps; closed front half of fan shaft on left side and 2 bolts at bottom front of frame; good paint and decals. $750. 46. John Deere 730. Open fan shaft; one bolt at bottom front of frame; incorrect pedals and nuts; front tires are different; no clicker. $700. 47. John Deere 4010, 3 hole. Wrong pedals and push nuts; hood ornament missing, incorrect rear wheels; extra decal on front. $600. 48. John Deere 4010, 4 hole. Wrong pedals and push nuts; wrong wheels on back; hood ornament mussing, no chain; extra decal on front. $600. 49. John Deere 4020, 1963 casting. No chain; extra decal on front; good paint and decals; good restoration. $450. 50. John Deere 4020, 1965 casting. Extra decal on front; fair paint; good decals. $400. 51. John Deere 4430. Wrong front wheels; no hitch pin; wrong decal on near of seat; wrong rear wheels and steering wheel. $200. 52. John Deere 4440. Wrong seat; rusty pedal nuts; no steering decal; no hitch pin; no bolt holding steering wheel; no decal on rear of scat. $200. 53. John Deere 4450. This is a 4440 casting with 4450 decals; wrong seat; no hitch pin; dings on inside right rear wheel; chain guard missing $200. 54. John Deere LGT. Very clean, appears to be original; good decals and paint. $800. 35. John Deere 4020 Industrial. Very good paint and decals. Front axle was green at one time. $400. 56. John Deere 7600, New tractor. Never used. Excellent_ $300. 57. Kubota M8580. New tractor. Excellent. $200. _XIII yt� MASSEY FERGUSON 58. Massey Ferguson 2775. New tractor. Excellent. $300. MASSEY HARRIS 59. Massey Harris 44 Small_ Very rough; incorrect paint, grille should be red; wrong rear axle housings; seat arm bent; muffler and breather not correct; no chain; wrong rear tires; pedal and hub caps wrong. Tractor appears to be a very poor duplicate. $250. 60. Massey Harris 44 Special. Noise maker missing, original tractor, wheels, tires; good paint; correct decals. $1200. MM 61. MM Tot Tractor. BMC steering wheel; worn rear tires; fair decals; good paint. $300. 62. MM Shuttle Shift Pedal ends and push nuts are tarnisbed; very good paint and decals. $350. OLIVER 63. Oliver 88 Open Grille. No chain; new tires; good decals and paint $1500. 64. Oliver 88 Closed Grille. No chain; question yellow paint down top of hood; wrong front tires; good paint and decals. $1200. 65. Oliver Super 88. Yellow paint down top of hood? Not on a 1955 model! no chain; worn pedal brngs; bad seat; no hitch pin; broken clicker. $ I500. 66. Oliver 880 Diesel. No hitch latch; no chain; no clicker; welded right rear hub inside; 2 dings on top of hood; good paint and decals. $1700. 67. Oliver 1800 Checkerboard. Welding blemish on center top of hood; no clicker; good decals and paint $1700. 68. Oliver 18W Plastic Grille. Wrong pedals; paint is too light in color; Ding on outside of right rear wheel; original fires. S900. 69. Oliver 1850. Good decals and paint job; ding on outside left rear wheel. $900. ■ Exhibit B Resolution No. 2003—R0554 ■ � - 'may//((//� ■ AMERICAN USEUM ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Y �r !f ■ �X AMERICANMI._J` M y A RICKU RE N Original: Claim Shelf next to bottom