HomeMy WebLinkAboutResolution - 2019-R0099 - 2019 Storm Drain Art Project - Francisco Luna III - 03/26/2019 Resolution No. 2019-R0099
Item No. 7.4
March 26, 2019
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 License Agreement and related documents regarding use
of certain designated rights of way for the purpose of installation and display of artwork, by and
between the City of Lubbock and Francisco Luna III.. of Floydada, Texas, a selected winner of the
2019 Storm Drain Art Project. 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 March 26, 2019
DANIEL M. POPE, MAYOR
ATTEST:
cp� Al-�
Reb cca Garza, City Sec eta
APPROVED AS TO CONTENT:
>8fcz cEac , Assistant City Manager
APPROVED AS TO FORM:
i
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elli Leisure, Assistant City Attorney
RES.LicenseAgrmnt-Stormwater Art Contest Francisco Luna Ill
03.14.19
Resolution No. 2019-R0099
LICENSE AGREEMENT
THIS LICENSE, entered into this ;gw0ay of 2019, by and between the
City of Lubbock, Texas, a Texas Home Rule Municipal Corporation ("City") through its
Stormwater Compliance Department, and Francisco Luna III, of Floydada, Texas ("Licensee").
WITNESSETH
WHEREAS, in an effort to promote the importance of the role of community involvement
necessary to keep all water systems within the City clean and free of chemicals, debris, and other
harmful pollutants,the City hosted the 2019 Storm Drain Art Contest ("Contest"); and,
WHEREAS,the Licensee submitted artwork for the Contest and said artwork was chosen
as a winning entry of the Contest; and,
WHEREAS, as a Contest winner, the Licensee will be installing their selected, winning
artwork onto a City-designated storm drain in downtown Lubbock; and,
WHEREAS, the City desires to promote and enhance cultural arts within the City and its
cultural arts district downtown, and finds that it is in the public interest and so promotes cultural
arts for Licensee to install and display their artwork.
NOW,THEREFORE, in consideration of the terms and conditions hereinafter set forth,to
be kept and performed by the respective parties, IT IS AGREED AS FOLLOWS:
1. LICENSE GRANTED
In consideration of the mutual covenants and terms of this License,and of other good and valuable
consideration, the City hereby grants, upon the terms and conditions set forth in this License, a
license to Licensee for the sole purpose of installing and displaying Licensee's selected artwork
on a City-designated storm drain in downtown Lubbock. Storm drains and any associated right-
of-way with, and around the drains,throughout the City are owned by the City.
The design to be installed by Licensee for the installation of their artwork is depicted in Exhibit
"A", attached hereto and incorporated herein. Further, the location of the Licensee's artwork
design to be installed at the City-designated storm drain shall be as depicted and described in
Exhibit"B", attached hereto and incorporated herein.
2. LICENSE TERM
The term of this license shall be for 30 days beginning on the date of the execution of this
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License by the City and ending on the thirtieth day, unless renewed or terminated sooner as
provided in this License(the"Primary Term").
3. OWNERSHIP OF ARTWORK AND INSTALLATION
Any and all original artwork and design selected during the Contest and submitted by Licensee,
installation of said artwork and design, and as painted and located on any part of City property
shall be considered property of the City, ownership right of the City include, but are not limited
to; the artwork design of Licensee, the installation of the artwork, all rights of reproduction,
duplication,or distribution, and any and all other rights to Licensee's artwork and design submitted
and installed in conjunction with the Contest. All ownership rights granted to the City shall survive
the termination of this License.
4. ACCESS
During the term of this License, and any renewals thereof, the City grants the Licensee access to
the City-designated storm drain attached hereto as Exhibit "B" for the purpose of installing and
painting the selected design attached hereto as Exhibit "A", during the dates of April 4-6, 2019.
In the event of any inclement weather, emergency, any other act of God, or other unforeseen
circumstances not within the control of the City, Licensee and City will coordinate other dates for
installation of artwork.
5. CITY-PROVIDED EQUIPMENT
The Licensee agrees that only city-provided paint and equipment depicted on Exhibit"C",attached
hereto and incorporated herein, shall be the only paint and equipment used by Licensee for the
painting and installation of Licensee's artwork.
6. COMPLIANCE WITH APPLICABLE LAWS
The Licensee shall comply with all applicable federal, state and local laws, statutes, ordinances,
rules and regulations relating, in any way, manner or form,to the activities under this License, and
any amendments thereto during the course of installing and painting the Licensee's artwork on
City property.
7. INDEMNITY AND RELEASE
LICENSEE SHALL INDEMNIFY, RELEASE, AND SAVE HARMLESS THE CITY OF
LUBBOCK AND ITS ELECTED OFFICIALS,OFFICERS,AGENTS,AND EMPLOYEES
FROM ALL SUITS,ACTIONS,LOSSES,DAMAGES,CLAIMS,OR LIABILITY OF ANY
KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION,
COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY
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PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY
PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF,
RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF LICENSEE,
RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS
LICENSE AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE
INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE
EXPIRATION OR TERMINATION OF THIS LICENSE.
8. 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:
Licensee:
Attn: Francisco Luna III
126 West Jeffie Street
Floydada, Texas 79235
(806)983-8153
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, if mailed, on the third day, after it is
mailed. Any party may change its address for purposes of this License by giving notice of such
change to all other parties pursuant to this section.
9. ASSIGNABILITY
This license is personal to Licensee. Licensee shall not assign or sublet this license, without the
consent of City. Any attempt to assign or sublet this license, without the consent of City, shall
terminate the license granted herein.
10. RELATIONSHIP OF THE PARTIES
The relationship between the City and Licensee is at all times solely that of licensor and licensee,
and may not be deemed, in any event, a partnership or a joint venture.
11. CONSTRUCTION AND VENUE
THIS LICENSE SIIALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH
THE LAWS OF THE STATE OF TEXAS. THIS CONTRACT IS PERFORMABLE IN
LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY
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CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE
COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF
LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR
RELATING TO THIS LICENSE OR THE ACTIONS THAT ARE CONTEMPLATED
HEREBY.
12. SEVERABILITY
If any provision of this License is ever held to be invalid or ineffective by any court of competent
jurisdiction with respect to any person or circumstance, the remainder of this License, and the
application of such provision to persons. and/or circumstances other than those with respect to
which it is held invalid or ineffective, shall not be affected thereby.
13. LICENSES SUPERSEDED
This License constitutes the parties' sole License and supersedes any prior understandings or
written or oral agreement between the parties with respect to the subject matter hereof.
14. ENTIRE AGREEMENT
This Contract, including Exhibit "A" through "C" attached hereto, contains the entire agreement
between the City and Licensee, and there are no other written or oral promises, conditions,
warranties, or representations relating to or affecting the matters contemplated herein.
15. BINDING EFFECT
This License shall inure to the benefit of and be binding upon the parties hereto, their respective
successors, heirs, devisees, and assigns.
16. TIME OF ESSENCE
Time is of the essence in this License and all obligations shall be performed in a timely manner.
17. TERMINATION OF LICENSE
License may be terminated for any reason, by the City upon ten (10) days written notice to
Licensee.
IN WITNESS WHERE OF, the parties hereto have executed this License the day and year first
above written.
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EXECUTED and effective as of the date of the execution by the City of Lubbock.
CITY OF LUBBOCK,TEXAS
BY: BY: rm
DANIEL M. POPE, MAYOR Francisco Luna III,
Contest Winner in the
City of Lubbock 2019 Storm Drain Art
Contest
ATTEST:
Reb Icca Garza, City Secretar r
APPROVED AS TO CONTENT:
Michael G. Keenum, P.E.,
Division Director of Engineering/City Engineer
INN O FOR1kL•.
]li Leisure, Assistant City Attorney
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