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Home My WebLink AboutResolution - 2019-R0146 - Shared Parking Agreement With Lubbock County - 04/23/2019 Resolution No. 2019-RO146 Item No. 7.5 April 23, 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 Shared Parking Agreement by and between the City of Lubbock and Lubbock County, and 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 on April 23. 2019 DANIEL M. POP +, MAYOR ATTEST: Ret cca Garza, City Sec eta APPROVED AS TO ONTENT: C ,lesica XWE—achern, Assi nt City Manager APPROVED AS TO FORM: --A--Z-/�' R n ro e, Assistant City Attorney ccdocs/RFS.Shared Parking Agreement—COL&County 4.2.l 9 Resolution No. 2019-RO146 Shared Parkin6 A-,reeinent THIS SHARED PARKING LEASE AGREEMENT (the "Agreement") is made by and between the City of Lubbock, Texas, a State of Texas municipal corporation (the "City") and Lubbock County (the "County"), (each considered a"Party," and considered collectively as the "Parties"), acting by and through their respective and duly authorized officers and officials, and is hereby entered into by the Parties on March 25, 2019 (the "Effective Date"). THE PARTIES,FOR GOOD AND VALUABLE CONSIDERATION,AGREE AS FOLLOWS: Article 1. The Parking Area. Subject to the terms hereof, the County authorizes the joint use by the Parties of the parking areas designated herein and more specifically described and depicted in Exhibit "A" of this Agreement (the "Parking Area"). The Parties' joint use of the Parking Area shall be at no cost to the Parties, shall be non- preferential, and shall be for the sole purpose of public parking. The Parties'joint use of the Parking Area shall be in accordance with the schedule attached hereto as Exhibit`B." Article 2. The Term. This Agreement shall become binding on the Effective Date and shall remain in effect through March 25, 2024. The Term may be renewed for another five (5) years for a total of three (3)renewals with written authorization by the governing body of each Party. Article 3. Parking Area Maintenance. The County will maintain the Parking Area at its own expense. The City will not create or allow to be created any waste or nuisance on the Parking Area caused by the City's use of the Parking Area. The County will not create or allow to be created any waste or nuisance on the Parking Area caused by the County's use of the Parking Area. Article 4. Future Improvements. Nothing in this Agreement shall prevent the Parties from improving any land or property owned by the Parties at the time of,or subsequent to the Effective Date of, this Agreement. If either Party should so improve any of its property, and should such improvement interfere with either Parties joint use of the Parking Area, then this Agreement shall not terminate and the Parties' joint use of the Parking Area shall continue without interruption. However, if either Party should improve its property as contemplated under this Article, and should such improvement affect the availability of the parking at any Parking Area, then this Agreement shall be immediately suspended with respect to said affected Parking Area only and shall not become reactivated until such time as the Party's improvement is complete. Any suspension of this Agreement under this Article shall neither extend nor otherwise have any effect on the Term of this Agreement. shared Parking Agreement—City of Lubbock and Lubbock Cunnty—2019 Page 1 Article 5. Access to Property. This Agreement shall have no effect on either Party's ability to have free and uninterrupted access at all times its property near the Parking Area. Article 6. Termination. Either Party may terminate this Agreement for any reason by providing written notice of such termination to the other Party at least thirty (30) days prior to the effective date of termination. Article 7. Service of Notice. Any notice required by this Agreement shall be deemed to be properly served within three calendar days after the notice is deposited in the U.S. mail by certified letter, return receipt requested, addressed to the recipient at the recipient's address shown below, and subject to the right of either Party to designate a different address by notice given in the manner just described. For the Citv: For County: City Manager County Judge City of Lubbock Lubbock County P.O. Box 2000 P.O. Box 10536 Lubbock, Texas 79457 Lubbock, TX 79408 (806) 775-2016 (806) 775-1330 The Parties acknowledge and affirm that no department of the City has the legal authority to enter into any contract of any type or nature in the name of the department or to accept any legal notice on behalf of the City. Article 8. FundinIZ. The Parties understand and acknowledge that the fuuzding of this Agreement, if any such funding is required, is contained in the Parties' annual budget and is subject to the approval of each Party in each fiscal year. The Parties further agree that should either Party fail to approve a budget which includes sufficient funds for the continuance of this Agreement, or should either Party fail to certify funds for any reason, then and upon the occurrence of such event, this Agreement shall terminate and the Parties shall then have no further obligation to the each other. When the funds budgeted or certified during any fiscal year by each Party to discharge its obligations under this Agreement are expended, the other Party may terminate this Agreement. Article 4. Venue and Applicable Law. This Agreement is subject to all present and future valid laws, orders, rules, ordinances, and regulations of the United States of America, the State of Texas, the Parties, and any other regulatory body having jurisdiction over this Agreement. This Agreement shall be construed and governed according to the laws of the State of Texas. The sole venue for any action, controversy, dispute, or claim arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. Article 10. Rights and Remedies Reserved. Each Party reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent Shared Parking Agreement—City of Lubbock and Lubbock County—2019 Page 2 jurisdiction. Further, neither Party shall be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, the former shall control. Article 11. Public Information. This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et seq., as amended, same shall be of no force and effect. Article 12. No Third-Party Beneficiaries. This Agreement is entered solely by and between, and may be enforced only by and among, the Parties. Except as set forth above, this Agreement shall not be deemed to create any rights in or obligations to any third parties. Article 13. No Personal Liability. Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer or agent of any public body or party to this Agreement. Article 14. No Joint Enterprise. This Agreement is not intended to, and shall not be construed to create any joint enterprise between or among the Parties. Article 15. No Indemnification by City. The Parties expressly acknowledge that the City's authority to indemnify and hold harinless any third party is governed by Article XI, Section 7 of the Texas Constitution, and any provision that purports to require indemnification by the City is invalid. Article 16. Sovereign Immunity Acknowledged and Retained. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE BY OPERATION OF LAW. THE PARTIES RETAINS ALL GOVERNMENTAL IMMUNITIES. Article 17. Authoritv to Amend. This Agreement may be amended by either Party in writing as approved by the governing body of each Party. shared Parking Agreement—City of Lubbock and Lubbock County-2019 Page 3 The Parties execute and enter into this Agreement on March 25, 2019. SIGNATURES FOR THE CITY: FOR LUBBOCK COUNTY: DANIEL M. POPE, MAYOR CURTS PARRISH, COUNTY JUDGE ATTEST: ATTEST: Reb cca Garza, City Secr tar elly P'ni n, County Clerk APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Ci Jesica McEachern, Assistant City Manager Natalie Harvill, ., Facility Maintenance APPROVED AS TO FORM: APPROVED AS TO FORM: 4-7— --- — dimc, pj Ry i r ok , Assistant City Attorney Andrew Wipke, CDA, Civil Shared Parking Agreement—City of Lubbock and Lubbock County-2019 Page 4 Exhibit "A" (MAP/DESCRIPTION OF PARKING LOTS) 11HUIS H1171 F � w 19 )IS h Z U wA W � All-KTI AN Avm(fv0HU D _ un C Q�d .'•y w u J z 8 CIAO o z0 a >- a� 00 WU k� O � U- Y O VAT a O LU LL! to rT� TT STT oT�T C� m } J�� l. 1tilJ V�l O < Z0 J 0 J < 20 ►�+ W aa06 .- a H 0 ° a0 z M W � mY IL LU YoWW W aZa 1.auj S H1.O1 �- W r L- w F-+ vmz <C Shared Parking Agreement—City of Lubbock and Lubbock County-2019 Page 5 Exhibit "B" (HOURS/DATES OF SHARED PARKING) County parking lots available for public use between 5:30 pm and 1 am on weekdays and between 7 am and 1 am weekends & County holidays. Shared Parking Agreement—City of Lubbock and Lubbock County—2019 Page 6