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HomeMy WebLinkAboutResolution - 2012-R0158 - Agreement- Science Spectrum- Terminate Land Acquisition And Management Agreement - 04_10_2012Resolution No. 2012—RO158 April 10, 2012 Item No. 5.23 RESOLUTION BE 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 for and on behalf of the City of Lubbock an Agreement Terminating the Land Acquisition and Management Agreement between the City of Lubbock and Science Spectrum and all 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 Council. Passed by the City Council on April IO _, 2012. TOM MARTIN, MAYOR ATTEST: Rcb cca Garza, City Secret ry APPROVED AS TO CONTENT: L nn Dumbauld, City Manager APPPP�R$OVEDj A/ S TO FORM: // �J Linda L. Chamales, Economic Development Attorney City att / Linda / Res — Termination Agreement Science spectrum March 27, 2012 Resolution No. 2012-RO158 STATE OF TEXAS ti COUNTY OF LUBBOCK ti TERMINATION OF LAND ACQUISITION AND MANAGEMENT AGREEMEN'1' WHEREAS, on February 28, 1991, the City of Lubbock, Texas (the "City") and Science Spectrum (the "Manager"), entered into a Land Acquisition and Management Agreement related to the operation and maintenance of an exhibition hall/auditorium operating under the name of the Science Spectrum at 2579 South Loop 289, #250, Lubbock, Texas 79423-1400; and WHEREAS, an amendment to such Land Acquisition and Management Agreement Was executed between the panties on December 8, 2003; and WHEREAS, the City intends to convey to Science Spectrum the real properly and improvements which were the subject of the Land Acquisition and Management Agreement, and the amendment thereto; and WHEREAS, all purposes intended to be accomplished by the Land Acquisition and Management Agreement described above have now been fulfilled, and it is the mutual desire of the parties to officially terminate such agreement, and the amendment thereto; NOW, THEREFORE, for and in consideration of the mutual benefits to the parties, IT IS MUTUALLY AGREED, by the City of Lubbock and Science Spectrum, that the Science Spectrum will use any funds remaining in the Omni Theatre Relief Fund solely for necessary repairs, remodeling, and/or renovation of their Exhibition Hall/Auditorium and for the repairs, upgrade or renovation of the equipment, and that the Land Acquisition and Management Agreement dated February 28, 1991, and the amendment to such agreement, dated December 8, Termination of Land Acquisition and Management Agreement Page 1 2003, are hereby TERMINATED, and all rights and obligations of either party under said agreement are declared to be fully and finally satisfied. SIGNED this 10th day of April , 2012. CITY OF LUBBOCK TOM MARTIN, MAYOR ATTEST: Reb •ca Garza, City Secretary APPROVED AS TO CONTENT (�eP016) Lee nn D imbauld, City Manager APPROVED AS TO FORM: Linda L. Chamales, Economic Development Attorney SCIENCE SPECTRUM By Cassandra L. Henry, President rernunation of Land Acquisition and Management Agreement Page 2