HomeMy WebLinkAboutResolution - 2019-R0101 - 2019 Storm Drain Art Project - Kaysha Byrd - 03/26/2019 Resolution No. 2019-R0101
Item No. 7.4
March 26, 2019
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
TIAT 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 Kaysha Byrd, of Abernathy, 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:
QOA—,o,� -
Reb cca Garza, City Sec e ry
APPROVED AS TO CONTENT:
A.— ` , s Q
Jesic cEachetli ssistant City Manager
APPROVED AS TO FORM:
K lli Leisure, Assistant City Attorney
RES.LicenseA;rmnt-Stormwater Art Contest Kaysha Byrd
03.14.19
Resolution No. 2019-RO 101
LICENSE AGREEMENT
THIS LICENSE, entered into this_L day of ftfeb ,2019,by and between the
City of Lubbock, Texas, a Texas Home Rule Municipal Corporation ("City") through its
Stormwater Compliance Department,and Kaysha Byrd,of Abernathy,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
Page 1 of 5
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.
hi 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
Page 2 of 5
d Wei ,; -
o
owl
bb
7 h
k
�' Fb fF' Qa M
'} Y
1
f
1k
_ J
I
� Q �
� � J
W
c
111 '-
J M
m
F]ct
�.
M
a Z M
w
U
Q
]AV
A G
1
�ft
'r91!y S� 9k
Exhibit C
��• �� � .iCi 417 ';.y:.. ,�
Ayeµ-_s'nnT€-.-[£Rf4•'fi 4�': �. - _ __ _
WJ4 VAFA p'J1/JICIlbK i
.. 6LA-NC a
B97 W D243a
6503-27133 .' '•r t, .
k"'I CUL3,7M IU.&CALI'3� Kus u+c ne own
nowt cvr
•� Kux su
„n,
is
JA
� .� iii ��..; /.-, `?G'• `a M ,. ;. / % �'�.,
� 12
Crayla' _
z�
i kf If o�
all7/A'
i
Ncn—k