HomeMy WebLinkAboutResolution - 6278 - Grant Agreement - LAA - C. B. _Stubb_ Stubblefield Memorial - 04_22_1999i
Resolution No. 6278
Ik Item No. 27
�i April 22, 1999
RESOLUTION
WHEREAS, the Lubbock Arts Alliance has requested the City of Lubbock to
participate in a Memorial to the late Christopher B. "Stubb" Stubblefield to be located at
the site of the original Stubb's Bar-N-Que Restaurant, and
WHEREAS, the City Council deems it to be in the best interest of the citizens of
the City of Lubbock to participate in this project in view of the crucial role played in
Lubbock's music heritage by S.W. "Stubb" Stubblefield" and Stubb's Bar-B-Que
Restaurant for many years, NOW THEREFORE:
rBE 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 on behalf of the City of Lubbock a Grant Agreement, and any
associated documents, by and between the City of Lubbock and the Lubbock Arts
Alliance, which Agreement is attached hereto and which shall be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 22ndday of April 1999,
i WJNDYSATf 6N. MAYOR
A aST:
Kayth e arnell, City Secretary
APPROVED AS TO CONTENT:
1�r/d>7 t
Tonimy G zalez, gire 99of Civic
Services
APPROVED AS TO FORM:
D ald G. Vandiver, First ssistant City
Attorney
1)Dres/StUbb.res. Joc
April 13. 1999
Resolution No.6278
Item No. 27
April 22, 1999
GRANT AGREEMENT
This Grant Agreement (the "Agreement") is entered into on this 22nd day of
April, 1999, between the City of Lubbock, Texas (the "City"), a Texas Home Rule
Municipal Corporation; and the Lubbock Arts Alliance, a Texas not for profit corporation
(the "Alliance"), acting by and through their duly authorized officers and officials.
RECITALS
WHEREAS, the Alliance has requested the City of Lubbock to assist the Alliance
in construction and maintenance of a Memorial to the late Christopher B. "Stubb"
Stubblefield to be located at 108 E. Broadway at the site of the original Stubb's Bar-B-
Que Restaurant in Lubbock; and
WHEREAS, it is the belief of the City Council that the Stubbs Memorial, which
was designed by Lubbock native and internationally known sculptor Terry Allen, who
has agreed to donate his fee, will serve to further the public's interest in preserving
Lubbock's history; and
WHEREAS, Lubbock County has agreed to provide general site maintenance and
litter control for the Memorial by separate agreement with the Alliance; and
WHEREAS, the efforts of the Alliance in fund raising and creating public interest
and awareness have been crucial to bringing this project to completion, 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 participate in this project in view of the
crucial role played in Lubbock's music heritage by C.W. "Stubb" Stubblefield and
Stubb's Bar-Be-Que Restaurant for many years.
NOW THEREFORE, the parties hereto agree as follows:
ARTICLE I
Grant
In consideration of the mutual agreements and benefits herein set forth, the City
hereby grants the Alliance the sum of $23, 765.00 to be used for the site preparation
work described in Exhibit A hereto for the Stubbs Memorial. Said Exhibit A is made a
part hereof for all intents and purposes.
ARTICLE II
Term
This Agreement shall become effective upon execution by all parties and shall
terminate upon completion of the Stubbs Memorial by the Alliance.
ARTICLE III
Dirties of the Alliance
The Alliance shall use the funds granted by this Agreement for site preparation
purposes as is hereinabove stated and shall provide the City with documentation of such
use upon completion of the project.
ARTICLE IV
Duties gfCity
Upon execution of this Agreement by all parties, the City shall pay the grant sum
hereinabove stated to the Alliance for use in site preparation for the Stubbs Memorial.
ARTICLE V
Abandonment; Failure to Cornplele
Should the Alliance abandon the project or fail to complete the project, it shall
return the full amount of the grant funds to the City
ARTICLE VI
Miscellaneous
1) 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 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.
2) Notice. Any notice required or permitted to be given herein must be given
in writing and must be personally delivered, delivered by telephonic 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 Civic Services
P. O. Box 2000
Lubbock, Texas 79457
(806) 775-2235
Fax: (806) 775-3240
Alliance:
Executive Director
Lubbock Arts Alliance
2109 Broadway
Lubbock, Texas 79401
(806) 744-2787
Fax: (806) 744-2790
Any such notice or other communication shall deeined 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
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party may change its address for purposes of this Agreement by giving notice of such
change to all other parties pursuant to this Section.
3) Relationship of Parties. The relationship between the City and the
Alliance is at all times solely that of grantee and grantor, and may not be deemed, in any
event, a partnership or a joint venture.
4) Texas Law/Venue. This Agreement is to be construed under Texas 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.
5) Partial Invalidity. 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 included the invalid, illegal or
unenforceable provision.
6) 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.
7) 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.
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8) Captions. Section captions are for convenience only and shall in no way
affect the interpretation of this Agreement.
Executed and effective as of the date of the execution hereof by the City of
Lubbock.
CITY OF LUBBOCK, T AS:
WINDY SITTON, MAYOR
Date executed: ARril 22. 1999
ATTEST:
Kayt r Darnell, City Secretary
APPROVED AS TO CONTENT:
Tommy G nzalez, kanjng Director of
Civic Services
APPROVED AS TO FORM:
LUBBOCK ARTS ALLIANCE:
Name: Deborah Milosevieb
Title: " Y E4-- 01LL)6 'T-) t VECTb�'
Date executed: ITf � 1 q
D d G. Vandiver, First Assistant City Attorney
ddcon/S-bbs.doc
April 6, 1999
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