HomeMy WebLinkAboutResolution - 4746 - Interlocal Agreement - TTU - Professional Baseball Team - 02_17_1995Resolution No. 4746
February 17, 1995
Item #3
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WHEREAS, Section 380.001 of the Local Government Code and Article 835s of
Vernon's Annotated Civil Statutes permits municipalities to establish and provide for the
administration of one or more programs to promote local economic development and to
stimulate business and commercial activity within the municipality; and
WHEREAS, a municipality may contract for the administration of such a program
with a state agency; and
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interest of the citizens of the City of Lubbock to establish a commercial program to bring
professional baseball to Lubbock; and
WHEREAS, the City Council desires to contract with Texas Tech University to
provide for Texas Tech University to administer such program and to provide a place for
such professional team to play; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Council for the City of Lubbock hereby establishes a
commercial economic development program under Section 380.001 of the Local
Government Code and Article 835s, Vernon's Annotated Civil Statutes to bring
professional baseball to Lubbock.
SECTION 2. 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 an Interlocal
Agreement, attached herewith, by and between the City of Lubbock and Texas Tech
University with regard to a professional baseball team, and any associated documents,
which Agreement shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 17
ATTEST:
&k-, a Qf- ,
Betty PJ. Johnson, ttity Secretary
APPROVED AS -TO CONTENT:
day of February
AVID R. LANGSTON
of Business Development
APPROVED AS TO FORM:
r ( XJ r %101V N T J a --'C)V i ` ZJ \1 1
Donald G. Vandiver, First Assistant City Attorney
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February 15, 1995
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Resolution No. 4746
February 17, 1995
Item #3
INTERLOCAL AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Interlocal Agreement is hereby made and entered into on this the 17 th
day of February , 1995, by and between the CITY OF LUBBOCK, a
Municipal Corporation of the State of Texas, hereinafter called "City", and TEXAS
TECH UNIVERSITY, an agency of the State of Texas, hereinafter called "University."
WITNESSETH:
WHEREAS, City desires to locate a professional baseball team in Lubbock,
Texas; and
WHEREAS, Texas Professional Baseball, Inc., a Texas Corporation, hereinafter
called "T.P.B." has indicated that it desires to place a professional baseball team in
Lubbock, Texas, but acquiring the use of a suitable stadium for team activities is a
necessary consideration in placing a professional team in Lubbock; and
WHEREAS, University has an existing baseball stadium on campus which, with
modifications, will meet the standards necessary for professional baseball; and
WHEREAS, the City Council of the City finds that the location of a professional
baseball team is a commercial activity; and
WHEREAS, the University is willing to improve and lease its baseball stadium to
T.P.B. in order to accommodate the City and T.P.B. in locating a professional baseball
team in Lubbock; and
WHEREAS, University has authority as a state agency of the State of Texas to
enter into this interlocal agreement; and
WHEREAS, City is authorized by Section 380.001, Local Government Code of
the State of Texas and Article 835s, Vernon's Annotated Civil Statutes, to enter into this
agreement; and
WHEREAS, the City believes the existence of professional baseball in the City of
Lubbock will enhance the economy of Lubbock and be an attraction for future economic
growth; and
WHEREAS, the City is authorized to establish and provide for the administration
of one or more programs to promote state or local economic development and to
stimulate business and commercial activity in the municipality; and
WHEREAS, the governing body may contract with a state agency for the
administration of a program; and
WHEREAS, the City desires to contract with the University for the University to
provide its baseball facility to T.P.B. for professional baseball; and
WHEREAS, the University agrees to improve its baseball facilities; and
WHEREAS, the City desires to provide funding in the amount of $350,000.00 for
such improvements to be made by the University as will be needed to provide for
professional baseball; and
WHEREAS, the City and the University agree that the City will provide
$350,000.00 to the University to improve its baseball facility; and
WHEREAS, the University has agreed to enter a lease agreement with T.P.B. of
even date with this interlocal agreement to play professional baseball at the University's
baseball facility; and
WHEREAS, the City and T.P.B. shall enter into a separate agreement for
professional baseball as a commercial activity of an even date with this agreement
between the City and the University and the lease agreement between the University and
T.P.B.; and
Interlocal Agreement -- Texas Professional Baseball, Inc.
Page 2
WHEREAS, each of the three agreements by and between the City, the University
and T.P.B., which shall be a lease agreement between the University and T.P.B., an
agreement between the City and T.P.B. and this interlocal agreement between the City
and the University, shall be executed on even date and shall each be consideration for
execution of each of the other agreements;
NOW THEREFORE, the parties hereto do mutually agree as follows:
I.
LEASE
The University, conditioned upon receipt of $350,000 from the City, does hereby
agree to lease to T.P.B. the baseball stadium and facilities it presently owns and which is
located upon the campus of University in Lubbock, Lubbock County, Texas, known as
Dan Law Field, hereinafter "stadium", and which shall include available off street
parking. Such parking access shall not interfere with student, faculty or staff parking
rights or privileges.
II.
TERM
The term of this Agreement shall be for five years with two five year renewal
options and such term shall commence upon execution of a lease agreement from the
University to T.P.B.
III.
IMPROVEMENTS
The University, in connection with the administration of this economic
development program and as part of the consideration for this Agreement, agrees to
construct and complete the improvements to stadium set forth in the lease agreement
between the University and T.P.B. It is agreed and understood by all parties hereto that
Interlocal Agreement -- Texas Professional Baseball, Inc.
Page 3
City funding of such improvements shall not exceed the sum of Three Hundred Fifty
Thousand Dollars ($350,000.00). The improvements to be made by the University shall
include increased seating, restrooms and concession facilities so as to provide for a total
of 5,000 spectators at the stadium. Apportionment of the funds to the various
improvements for the stadium shall be in the sole discretion of the University.
2. The City shall pay the sum of Three Hundred Fifty Thousand Dollars
($350,000.00) to the University from current revenues available to the City for such
improvements to the stadium upon receipt of an executed lease of the stadium of even
date herewith which is consistent with this Interlocal Agreement by and between the
University and T.P.B.
3. University and T.P.B. shall not thereafter look to City for further
participation in funding additional improvements, if any, at stadium.
IV.
TERM AND OCCUPANCY
The term and occupancy by T.P.B. of the leased premises shall be set forth in the
Lease Agreement with the University and shall be consistent with this Agreement.
V.
CONSIDERATION
As consideration to City for funding improvements to the stadium, the University
shall make the contemplated improvements and shall enter into a lease agreement with
T.P.B. for T.P.B. to play professional baseball at the stadium.
Interlocal Agreement -- Texas Professional Baseball, Inc.
Page 4
VI.
DEFAULT
In the event that T.P.B. does not perform its obligations under its agreement with
the University and T.P.B.'s rights are terminated, then the University shall allow the City
to use said facilities in place of T.P.B. for City recreational baseball activities during the
time periods and under the terms and conditions contained in the lease agreement
between the University and T.P.B. However, in lieu of the lease payment, City shall pay
to the University all direct operation and maintenance costs during such use. The City
may use the facilities for other non -recreational baseball activities, including the
solicitation of another professional baseball team, by mutual agreement of the University
and the City. However, it is specifically agreed and understood that the University shall
not be responsible for or have any duty whatsoever for any obligation which the City and
T.P.B. may have or acquire as to each other.
VII.
APPLICABLE LAW
This agreement shall be construed in accordance with the laws of the State of
Texas. Venue shall be in Lubbock County.
VIII.
DEFINITIONS
"Field a professional baseball team" as used in this agreement shall mean the
providing of a professional baseball team to play a schedule of baseball games at the
stadium as set forth in the lease agreement between the University and T.P.B.
Interlocal Agreement -- Texas Professional Baseball, Inc.
Page 5
IX.
NOTICE
All notices required by this Agreement shall be sent to the parties at the following
addresses:
CITY OF LUBBOCK
P.O. Box 2000
Lubbock, TX 79457
TEXAS TECH UNIVERSITY
Office of General Counsel
P.O. Box 42021
Lubbock, TX 79409-2021
This agreement contains and incorporates the entire agreement of the parties. It
nent in writing signed by all parties.
Title: Mayor
Texas T �Univsi'ty:
i
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By: -P T C,`asvrD�"�l L
Title: ✓, f
CC: Texas Professional Baseball, Inc.
Texas -Louisiana League
Galleria Tower II, Suite 1650
13455 Noel Road
Dallas, TX 75240
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cityatt\A-TPB.doc
February 14, 1995
Interlocal Agreement -- Texas Professional Baseball, Inc.
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