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HomeMy WebLinkAboutResolution - 2004-R0364 - License Agreement To Operate Hodges Baseball Field At Clapp Park - Trinity - 07_15_2004Resolution No. 2004-RO364 July 15, 2004 Item No. 51 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, a License Agreement to operate the Hodges Baseball Field at Clapp Park, by and between the City of Lubbock and Trinity Schools, 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 City Council. Passed by the City Council this 15th ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO FORM: City gs/ccdocs/Res.Lic Agrmnt-Trinity Schools July 12, 2004 day of Jul., MARC Director MAYOR 2004. Resolution No. 2004-RO364 July 15, 2004 Item No. 51 LICENSE AGREEMENT This License Agreement (the "Agreement") is entered into on this 15th day of July , 20 0% between the City of Lubbock, Texas (the "City"), a Texas Home Rule Municipal Corporation, and Trinity Church of Lubbock ("Trinity"). RECITALS WHEREAS, Trinity desires to use of a certain ballpark described in Exhibit "A" (the "Property"), which is attached hereto and incorporated as if fully set forth herein; WHEREAS, it is the belief of the City and Trinity that the such use of the Property will be beneficial to the condition to the Property and an overall benefit to the citizens of the City; WHEREAS, for mutual consideration, Trinity desires to use the Property for the purpose of conducting adult baseball and softball games and related activities; NOW THERFORE: ARTICLE I License Section 1.01. License. In consideration of the mutual covenants and agreements of this Agreement, and of other good and valuable consideration, the City hereby grants, upon the terms and conditions set forth in this Agreement, a license on and over the Property to Trinity, for the sole purpose of maintaining and operating the Property at certain times. Section 1.02. Term. The term of this license is twenty (20) years beginning on the date of the execution of this Agreement by the City, and ending on the twentieth anniversary of such date (the "Primary Term"), unless terminated sooner as provided in this Agreement. For the consideration herein expressed, the City reserves and is hereby granted an option to extend the term of this Agreement for three (3) successive option periods of ten (10) years each. Each option may be exercised by providing notice to Trinity on or before ten (10) days before the expiration of the Primary Term, or option period, whichever is applicable. This Agreement shall terminate without further notice when the Primary Term expires, and Trinity shall immediately vacate the Property. Any holding over by Trinity after that term expires, except as provided otherwise in this Agreement, shall not constitute a renewal of this Agreement, or provide Trinity any rights whatsoever under this Agreement and/or to the Property. ARTICLE II Improvements Section 2.01. Construction of Improvements. Trinity may make such improvements as it deems necessary during the term of this License, so long as it complies with all of the terms of this Agreement. Section 2.02. Approval of Construction. No construction of any type or kind, including additions or alterations to existing structures or structures completed, or caused to be completed, by Trinity and/or placement or location of improvements, including all matters described in this Article II, may be commenced, unless the plans, specifications and proposed location of such construction and/or location of improvements have received the City's, and if required by the City or by law, any other entities' or parties', LICENSE AGREEMENT -- Trinity Church of Lubbock Page 2 including, but not limited to, the State of Texas, Texas Parks and Wildlife Department and Texas Historical Commission, prior written approval, as described below. Trinity shall, at its own expense, engage a licensed architect or engineer to prepare plans and specifications for the construction, addition, location or alteration of any building or improvement. Trinity shall submit a copy of detailed working drawings, plans and specifications to the City for its approval not less than thirty (30) days before such construction or location of improvements is scheduled to commence. The City, and any other parties having the right of approval, as described herein, shall review all plans submitted under this Section 2.02, and provide to Trinity, in writing, any required changes or corrections that must be made, that the City, and any other parties having the right of approval, as described herein, may deem necessary, in their sole discretion. Any required changes or corrections shall be made and the plans resubmitted to the City, and any other parties having the right of approval, as described herein, prior to the commencement of such construction, addition or alteration of any building or location of improvement. No such construction, addition or alteration of any building or location of improvement shall be commenced unless and until the plans are finally approved by the City and any other parties having the right of approval, as described herein. The failure to receive the approval described herein shall not excuse the performance by Trinity of any activity or covenant described in this Agreement. Minor repairs and/or alterations necessary to maintain existing structures and improvements located upon the Property in a useful state of repair and operation does not require submission and approval, as described herein. LICENSE AGREEMENT -- Trinity Church of Lubbock Page 3 The City and/or any of the parties having the right of approval, as described herein, shall have the right at all times to observe any and all activities described in this Article II. Notwithstanding the approval by the City and/or any of the parties having the right of approval, as described herein, of any plans and specifications, and/or the observation rights of the City and/or any of the parties having the right of approval, as described herein, the City assumes no liability or responsibility for the architectural or engineering design or for any defect in any building or improvement constructed from such plans or specifications, nor shall such approval and/or observation relieve Trinity from any or all of its obligations hereunder. Trinity. All activities described in this Article II shall be at the sole cost and expense of Section 2.03. Sure . Any and all contracts that Trinity may enter into with third parties to participate in the construction and/or location of improvement activities contemplated by this Agreement shall contain the requirement that such third parties adequately bond their performance under said contract, naming the City as a co - beneficiary or co -secured. The original of said bonds are to be suitable in form to the City and submitted to the City prior to the commencement of any activities of any kind by such third parties. Section 2.04. Ownership of Buildings and Improvements. Any and all buildings, improvements, additions, alterations and fixtures constructed, placed, located and/or maintained on any part of the Property during the term of this Agreement are considered part of the real property and must remain on the Property and, subject to the terms of this LICENSE AGREEMENT -- Trinity Church of Lubbock Page 4 Agreement, become property of the City, from and after the termination of this Agreement. Section 2.05. Removal of Improvements. Trinity may, upon the termination of this Agreement, and only upon such event, remove the property not owned by the City, as set forth by law and/or Section 2.04, herein. Notwithstanding the right of removal granted herein, Trinity shall repair any and all damage to any buildings or improvements on the Property resulting from such removal. Any and all of such items not removed by Trinity on or before ten (10) days after the termination of this Agreement, shall, at the option of the City, either (i) become the property of the City; or (ii) be removed by the City at Trinity' sole cost and expense. In the event the City shall elect to remove such property, the City shall owe no duty to protect such property, and shall in no event be liable to Trinity for loss, damage or destruction of same. The City may dispose of any such property in any manner it desires in its sole discretion and retain any proceeds received therefor. ARTICLE III Operations of Trinity Section 3.01. Securi . Trinity shall take any and all actions necessary to prevent the entry of unauthorized persons in, on and/or over the Property. Such actions shall include, but are not limited to, the installation and maintenance of locks on all entry ways on the Property. Section 3.02. Time of Use of Property. Trinity shall only utilize and occupy the Property during the times as set forth in Exhibit `B" which is attached hereto and LICENSE AGREEMENT -- Trinity Church of Lubbock Page 5 incorporated as if fully set forth herein. At all other times, other than those listed in Exhibit "B," the property shall remain open and accessible to the general public. Before the beginning of each baseball season, Trinity shall submit to the City's Parks and Recreation Director a new schedule of its proposed use of the Property for that respective season. Upon approval by the City Parks and Recreation Director of said schedule, the Property shall be made available for Trinity's use pursuant to this License. For all such subsequent schedules, the Property shall remain open and accessible to the general public when the Property is not otherwise scheduled for use by Trinity. In any event, the Property must be made available to the Public at reasonable times during each day. Section 3.03. Access of Public. Entrances to the Property shall be open to the general public within reasonable hours as designated by Trinity and approved by the City. Trinity shall not permit any discrimination in its operation of the Property because of race, color, sex, religion, national origin, physical handicap or disability. On or before thirty (30) days prior to each respective baseball season, Trinity shall submit to the City and/or the Parks and Recreation Board, or the successor to same, for approval, the proposed rules and regulations regarding admission to the Property by Trinity and the general public. The City and/or the Parks and Recreation Board, or the successor to same, shall review all of said rules and/or regulations. If the City and/or the Parks and Recreation Board, or the successor to same, shall disapprove, for any reason, in its sole discretion, of any such rule and/or regulation, the City and/or the Parks and Recreation Board, or the successor to same, shall provide to Trinity its proposed new rule and/or regulation (the "New Rules"). In the event Trinity and the City and/or the Parks LICENSE AGREEMENT -- Trinity Church of Lubbock Page 6 and Recreation Board, or the successor to same, cannot agree on the terms of the rules and/or regulations, the terms of the New Rules shall apply. Section 3.04. Utilities. Trinity shall be responsible for providing and/or furnishing all utilities to the Property and any and all improvements located thereon and shall bear any and all expenses of any kind or nature for the providing of same to the Property and the utilization of same in connection with the operation of the Property. Such utilities shall include, without limitation, water, telephone, electricity, gas, power, sewage disposal and rubbish removal. Section 3.05. Taxes. Trinity shall pay and discharge all charges, including without limitation, personal property taxes, gross receipts taxes, general and special assessments, and other charges of similar nature which may be levied or assessed against the Property and/or any activity contemplated by this Agreement, if any. Section 3.06. Prohibition on Encumbrance. Trinity shall not encumber any interest in the license granted herein, the Property, the improvements described herein, and/or this Agreement, in any way, manner or form, including, but not limited to, by deed of trust, mortgage or any other security instrument. Further, Trinity shall not cause or permit any mechanic's liens or any other liens to be filed against the license granted herein, the Property, the improvements described herein, and/or this Agreement by reason of any work, labor, services, or materials supplied and/or performed or claimed to have been supplied and/or performed to, by or for Trinity or any contractors or subcontractors of Trinity. Section 3.07. Right of Entry --City. Nothing contained in this Agreement shall be construed to prohibit, upon reasonable notice to Trinity, the right of entry by the City, in, LICENSE AGREEMENT -- Trinity Church of Lubbock Page 7 on, over and/or across the Property, at any and all times, and for any and all purposes, and City expressly reserves the right to enter upon the Property and any and all improvements located thereon, subject to the conditions stated herein, to conduct any and all activities the City deems necessary. Trinity shall furnish to the City any and all keys and/or instructions necessary to allow the City's right of entry reserved and/or described herein. Section 3.08. Control of City. The City shall retain all authority placed in it which is non -delegable. No provision of this Agreement shall be construed as delegating any non -delegable right, power or duty of the City, and in the event of a conflict between this Section 3.08 and any other term or provision of this Agreement, this Section 3.08 shall control and such conflicting term or provision shall be void and of no force and effect. Section 3.09. Assistance by the City. The City may, from time to time, provide such assistance as requested by Trinity. Trinity shall reimburse the City for any and all costs the City incurs by providing such assistance. Section 3.10. Concessions and Advertising. The license granted herein includes the grant of a concession to Trinity to sell goods and food products on the Property (the "Concession Items"). All Concession Items to be sold on the Property and all prices to be charged therefor shall be subject to the prior approval of the City. The proposed location of the concession area, a description of the Concession Items to be sold, and the prices to be charged for Concession Items to be sold, shall be submitted to the City on or before thirty (30) days prior to the opening of said concession area to the public. The City shall review same, and if it shall disapprove of any or all the Concession Items, or charge therefor, for any reason, in its sole discretion, the City shall LICENSE AGREEMENT -- Trinity Church of Lubbock Page 8 provide to Trinity its designated location, identity and/or price of the Concession Items (the "New Concession Items"). In the event Trinity and the City cannot agree on the terms of the location, identity and/or price of the Concession Items, the terms of the New Concession Items shall apply. Trinity shall abide by the terms of any and all applicable state or local law relating to the sale of the Concession Items, including, but not limited to, laws relating to food and food establishments. The license granted herein further includes the grant of a concession to Trinity to sell advertising to be placed on the Property. Any such advertising, the contents thereof, the prices to be charged thereof, and the placement thereof is subject to the prior approval of the City. Further, Trinity shall abide by the terms of the City's policy related to the sale and placement of advertising (the "Policy") as such may be amended by the City from time to time. City agrees to provide Trinity a copy of the Policy and a copy of any amendment when such is made. ARTICLE IV Maintenance and Repair Section 4.01. Maintenance and Duty to Repair. At all times during the term of this Agreement, Trinity shall keep and maintain, or cause to be kept and maintained, all buildings, and improvements erected and/or located on the Property, and the landscaping, including, but not limited to lawns, grasses, flowers and flower beds, shrubs and trees, in a good state of appearance and repair, to be determined by the City, in its sole discretion, at Trinity's sole expense. The City shall be responsible for certain areas of maintenance LICENSE AGREEMENT -- Trinity Church of Lubbock Page 9 as such is provided in Exhibit "C", which is attached hereto and incorporated as if fully set forth herein. Section 4.02. Damage or Destruction. If any building or improvement constructed by Trinity on the Property is damaged or destroyed by fire, vandalism, or any other casualty (the "Damaged Improvement"), regardless of the extent of the damage or destruction, Trinity must, within twelve (12) months from the date of the damage or destruction, either complete repair, reconstruction or replacement of the Damaged Improvement to the original condition of such Damaged Improvement or demolish or remove the Damaged Improvement from the Property. If any building or improvement constructed by the City on the Property is damaged or destroyed by fire, vandalism, or any other casualty (the "City's Damaged Improvement"), the City is under no obligation to repair, reconstruct or replace the City's Damaged Improvement to the original condition of the City's Damaged Improvement. The City, in its sole discretion, may demolish or remove the City's Damaged Improvement, in whole or in part, or repair, replace or reconstruct the City's Damaged Improvement to the extent the City deems appropriate. ARTICLE V Insurance, Indemnity and Release Section 5.01. Indemnity and Release. TRINITY SHALL INDEMNIFY AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE CITY, AND CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FROM AND AGAINST ANY AND ALL LOSSES, LICENSE AGREEMENT -- Trinity Church of Lubbock Page 10 DAMAGES, CLAIMS OR LIABILITIES, OF ANY KIND OR NATURE, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACTIVITIES CONTEMPLATED HEREUNDER, OR THE OMISSION OF THE ACTIVITIES CONTEMPLATED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, LOSSES, DAMAGES, CLAIMS OR LIABILITIES ARISING FROM OR RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACT OR OMISSION OF THIRD PARTIES. TRINITY FURTHER COVENANTS AND AGREES TO DEFEND ANY SUITS OR ADMINISTRATIVE PROCEEDINGS BROUGHT AGAINST THE CITY AND/OR THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS ON ACCOUNT OF ANY SUCH CLAIM, AND TO PAY OR DISCHARGE THE FULL AMOUNT OR OBLIGATION OF ANY SUCH CLAIM INCURRED BY, ACCRUING TO, OR IMPOSED ON THE CITY, OR THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE, RESULTING FROM ANY SUCH SUITS, CLAIMS, AND/OR ADMINISTRATIVE PROCEEDINGS OR ANY MATTERS RESULTING FROM THE SETTLEMENT OR RESOLUTION OF SAID SUITS, CLAIMS, AND/OR ADMINISTRATIVE PROCEEDINGS. IN ADDITION, TRINITY SHALL PAY TO THE CITY, THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE, ALL ATTORNEYS' FEES INCURRED BY SUCH PARTIES IN ENFORCING TRINITY' INDEMNITY IN THIS SECTION. THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, SHALL NOT BE LIABLE, AND TRINITY HEREBY LICENSE AGREEMENT-- Trinity Church of Lubbock Page 11 RELEASES THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FOR, FROM AND/OR AGAINST ANY LOSSES, DAMAGES, CLAIMS OR LIABILITIES TO TRINITY, ON ANY THEORY OF LEGAL LIABILITY, INCLUDING, BUT NOT LIMITED TO THE NEGLIGENCE, OF ANY TYPE OF DEGREE, OR FAULT, OF THE CITY, ARISING FROM OR RELATED TO, IN ANY WAY, MANNER OF FORM, THE UNENFORCEABILITY OR VOIDANCE, FOR ANY REASON, OF ALL OR ANY PART OF THIS AGREEMENT. THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THE TERMINATION OR VOIDANCE OF THIS AGREEMENT. Section 5.02. Insurance. Trinity shall procure and carry, at its sole cost and expense during the term of any construction on the Property, insurance protection as hereinafter specified, in form, amount and substance satisfactory to the City, carried with an insurance company authorized to transact business in the State of Texas, covering all foreseeable aspects and operations in connection with the activities contemplated under this Agreement, including, but not limited to, all aspects, operations and/or occurrences to which Trinity has indemnified the City, as provided in Section 5.01 hereof. A Certificate of Insurance specifying each and all coverages shall be submitted to the City no later than fifteen (15) days prior to the commencement of Trinity's activities on the Property. Trinity shall provide to the City proof of the below -described insurance on or before fourteen (14) days prior to the expiration date of each expiring policy, and cause each required policy to require the insurer to (i) give notice to the City, as specified herein, of termination of any such policy sixty (60) days before such termination is to be effective; LICENSE AGREEMENT -- Trinity Church of Lubbock Page 12 and (ii) contain a waiver of any and all of the insurer's rights to subrogation that any such insurer or insurers may acquire by virtue of payment of any loss under such insurance. A. Combined Single Limit General Liability Insurance. Trinity shall have combined single limit general liability insurance, with limits of $1,000,000.00 in the aggregate and per occurrence. The City shall be named as an additional insured in such policy. ARTICLE VI Warranties, Covenants and Representations of Trinity Section 6.01. Existence. Trinity is an organization duly organized, validly existing and in good standing under the laws of the State of Texas, and is duly qualified to carry on its business in the State of Texas. Section 6.02. Power. Trinity has the power to enter into and perform this Agreement and all activities contemplated hereby. Section 6.03. Authorization. The execution, delivery and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all requisite organizational action on the part of Trinity. ARTICLE VII Events of Default and Remedies Section 7.01. Default. An Event of Default (herein so called) shall exist if any one or more of the following events shall occur: (a) Any representation or warranty made by Trinity in this Agreement shall prove to be untrue or inaccurate in any material respect as of the date on which such representation or warranty is made; (b) Trinity shall default, in any way, manner or form, in the performance of any of the covenants, provisions and/or terms of this Agreement; LICENSE AGREEMENT -- Trinity Church of Lubbock Page 13 (c) Trinity shall (i) apply for or consent to the appointment of a receiver, custodian, trustee, intervenor, or liquidator of itself or of all or a substantial part of its assets, (ii) voluntarily become the subject of a bankruptcy, reorganization or insolvency proceeding or be insolvent or admit in writing that it is unable to pay its debts as they become due, (iii) file a petition or answer seeking reorganization or an arrangement with creditors or to take advantage of any bankruptcy or insolvency laws, (iv) become the subject of an order for relief under any bankruptcy, reorganization or insolvency proceedings, or (v) fail to pay any money judgment against it before the expiration of thirty (30) days after such judgment becomes final; or (d) Trinity shall default in the payment of any material indebtedness of Trinity. Section 7.02. Remedies upon Event of Default. If an Event of Default shall have occurred and be continuing, then the City, at its option may (i) declare this Agreement, and all rights and interests created by it, terminated and Trinity and/or Trinity shall reimburse the City any and all sums provided by the City to Trinity and/or Trinity under the Cooperative Agreement, or otherwise; (ii) assert an action for damages, including, but not limited to, recovery of any and all sums provided by the City to Trinity under the Cooperative Agreement, or otherwise, and any and all other damages available to the City under this Agreement and/or pursuant to law or equity; and/or (iii) pursue and enforce any rights of the City as provided under or pursuant to any applicable law or this Agreement. LICENSE AGREEMENT -- Trinity Church of Lubbock Page 14 In the event the City elects to terminate this Agreement as provided herein, this Agreement shall cease as if the day of the City's election to terminate was the day originally fixed in this Agreement for its expiration. ARTICLE VIR Miscellaneous Section 8.01. 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. Section 8.02. 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: Corbin Pemberton Parks and Recreation Director P. O. Box 2000 Lubbock, Texas 79457 (806) 775-2235 Fax: (806) 775-3240 Trinity Church: Tb00 1)Lkt1icAtj A-tk lP f`c— Di rc-e- 4yr '7yo2 A-t/C L,, 8 o ck T 7-q (o)(ftj 701l - gooa 4-)e � 0 6 `14-s- - S g 7: Any such notice or other communication shall deemed 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 LICENSE AGREEMENT -- Trinity Church of Lubbock Page 15 party may change its address for purposes of this Agreement by giving notice of such change to all other parties pursuant to this Section 9.02. Section 8.03. Assig ment/Sublet. This license is personal to Trinity. Trinity shall not assign or sublet this license. Any attempt to assign or sublet this license shall terminate the license granted herein. Section 8.04. City. Unless otherwise provided herein or required by law and/or local ordinance, charter or code, any action required or permitted to be taken by "the City", shall be taken by the City Manager of the City of Lubbock or any party designated by him or her. Section 8.05. Relationship of Parties. The relationship between the City and Trinity is at all times solely that of licensor and licensee, and may not be deemed, in any event, a partnership or a joint venture. Section 8.06. Compliance with Applicable Law. Trinity shall comply with all applicable federal, state and local rules, regulations, statutes, laws and ordinances governing, in any way, manner or form the construction activities contemplated herein, the operation of the Property, and/or any other aspect of the activities described in this Agreement, including, without limitation those regarding to access of the facilities by handicapped persons and the storage, display and alteration of antiquities. Section 8.07. Time of the Essence. Time is of the essence of this Agreement. Section 8.08. 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 LICENSE AGREEMENT -- Trinity Church of Lubbock Page 16 Agreement, or any activity contemplated hereby, shall lie exclusively in Lubbock County, Texas. Section 8.09. 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. Section 8.10. 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. Section 8.11. 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. Section 8.12. Attorney's Fees. If, as a result of either party's breaching this Agreement, the other party employs or uses an attorney or attorneys to enforce its rights under this Agreement, then the breaching party shall pay the other party the reasonable attorney's fees and costs incurred to enforce this Agreement. Section 8.13. Exhibits. The exhibits which are referenced in, and attached to this Agreement, are incorporated in and made a part of this Agreement for all purposes. Section 8.14. Captions. Section captions are for convenience only and shall in no way affect the interpretation of this Agreement. Section 8.15. License Agreement. The intent of this Agreement is to grant a license to Trinity to utilize the Property solely for the purposes described herein. This LICENSE AGREEMENT -- Trinity Church of Lubbock Page 17 Agreement shall not be construed, in any way, manner or form, as a lease of the Property or as conveying to Trinity any interest in the real property comprising the Property. Executed and effective as of the date of the execution hereof by the City of Lubbock. CITY OF TRINITY CHURCH BY: Yia 'lei: ' e_ AYOR Name: T v b D f�u ^) Title: AmkLe T-J L Irk fL.-e� Date executed: Ju y 15, 2004 Date executed: 'Sic Q04— ATTEST: Re ecca Garza, City Secretary APPROVED AS TO CONTENT: Corbin Pemberton, Parks and Recreation Director APPROVED AS TO FORM: LICENSE AGREEMENT -- Trinity Church of Lubbock Page 18 Resolution No. 2004-RO364 Exhibit A Hodges Baseball Field Shown Highlighted in the Northwest Corner of ClapP Park 42"d and University I + r A i UnhWWV AMA �• 4. ■ 6 loop r ` 1► + " .1 c3kw Poem it 4 ce 5 .►''+ , h k� • 7641 O Resolution No. 2004-RO364 Exhibit B Time of Use of Property (Pursuant to Section 3.02 of the License Agreement) Trinity shall have permission to use and occupy Hodges Baseball field during the following months: Spring Season: January 1-May 31 Summer Camps: June 1-July 20 Fall Season: September 1-November 20 At all other times, the Hodges Field will be available to the general public and scheduled through Trinity Schools. Prior to each season, Trinity Schools shall provide the schedule (including the dates and times) for each season to the Parks and Recreation Director. City of Lubbock Leagues will be allowed to play on Hodges Field on mutually agreed upon dates. In these events, the Parks and Recreation Department will be responsible for litter removal on the first business day following league play. Resolution No. 2004-RO364 Exhibit C City of Lubbock Maintenance Duties (Pursuant to Section 4.01 of the License Agreement) The City of Lubbock shall perform the following maintenance duties: Major irrigation repairs Repair fencing and bleachers Major plumbing repairs in restrooms and permanent concession buildings Major electrical and lighting repairs Provide refuse containers Provide litter removal only on the first business day following City Of Lubbock League play. Other services at the discretion of the Parks and Recreation Director All aspects of new buildings constructed by Trinity Schools will be maintained by Trinity Schools.