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HomeMy WebLinkAboutResolution - 2012-R0358 - Agreement - Grace Church - Share Parking - 09_27_2012Resolution No.2012-R0358 September 27, 2012 Item No. 5.15 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LLJBBOCK: 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 Grace Church, and related documents. Said Agreement j is attached hereto and incorporated in this resolution as if fully set forth herein and shall j be included in the minutes of the City Council. Passed by the City Council on September 27 , 2012. G C. R( , TSON, MAYOR ATTEST: (:_� . 0 �j - op - " --'91"c Zet>e ca Garza, City Secretary APPROVED AS TO CO ENT: L Rand. Truesdell, Community Services Director APPROVED AS TO FORM: Amy L,'SUnt Ass' a orney RES.Shared Parking Agrmnt-Grace Church 9.11.12 Resolution No. 2012-RO 358 SHARED NARKING AGREEMENT Tf 11S AGRLEM1 NT is made and entered into by and between Grace Church (referred to herein as -Church") and the City of Lubbock, 'Texas, a Home RUIc Municipal Corporation ol` Lubbock County, Texas (referred to herein as "City"). RECITALS WHEREAS, Church owns that certain tract of land, being Lots 1 and 2 of the Grace Addition of the City of Lubbock. Lubbock County, Texas. as recorded in the Real Property Records, Lubbock County, Texas (the "Church Lands"), WHEREAS. City owns that certain tract of land, being Blk F2 Sec 3 AG TRC.f and C I A of the City of Lubbock, Lubbock County, Texas, as recorded in the Real Property Records, Lubbock County, Texas (the "City Lands'); WHERF;AS, as presently occupied. a portion of both the Church Lands and the Cit\ Lands contains spaces tier the parking of motor vehicles, said Lands bcinso descrihcd can l"Allibit "A", hereto (the'•Afiectcd Lands"); WHEREAS. the City owns an interest in, or Otherwise controls the lands, or a portion of certain property, as depicted in Exhibit "A," which is attached hereto and incorporated as if fully set forth herein upon Which is located a park (collectively referred to herein as the "City's Prcmiscs"), WI IERAS, the Church owns an interest in, or otherwise controls the lands, as depicted in Exhibit "A." upon which is located a church. (collectively referred to herein as the *'Church•s Promises") WHERhi1S. the City's Premises and the C'hurch's Premises both may not contain sufficient parking for motor vehicles: WHEREAS, the Parties desire, upon the conditions and covenants set forth bclo\\. to _jointly utilize the Affected Lands for the parking of motor vehicles for the benefit of the City's Premises and the Church's Premises, NOW THEREFORE. the Church and City agree as follows; { 1) Church grants to the Cit\r, subject to the terms hcl'eof, the right to joinll. itiliic. along with the Church, far the sole purpose of parking motor vehicles, the Affected Lands_ 'Mlle use Of the Affected Lands granted herein is linlitcd to the City and the patrons and customers of the City's Premises. (2) City and owner agrees that during the term of this Agreement, they shall maintain and resurface the Affected Lands as needed. which shall be determined by joint agreement of the parties. Church shall reimburse fifteen percent (15%) of the total costs of such work to City. (,) Cite shall utilize the Affected Lands solely 1br the parking of in vehicles, and shall not utilize, or permit the utilization of, the Aftected Lands for any other Ilse or purpose. (4) It is expressly agreed and understood that the Church shall have the right to utilize the Affected Lands for the parking of motor vehicles. or any other use to "vhich it desires, during all times of the effective period of this Agreement. (5) Notwithstanding anything to the contrary herein, Church may make, or cause to be made, any modifications or alterations to the Lands or Affected bands it shall desire, in its sole discretion, if a portion of the Affected Lands is modified or altered so that same is no lon4uer available for the parking of motor vehicles, the portion of the Affected Lands remaining available for the parking of motor vehicles after such modifications or alterations shall be deemed to be the "Affected Lands" for all purposes under this Agreement during, the remainder of the term hereof. (6) Any and all motor vehicles, and all property of any kind or nature contained in or appurtenant to said motor vehicles, which are parked and/or located on the Affected Lands by virtue of this Agreement are the sole responsibility of Cite, and in no event shall Church be liable for any loss or damage to such motor vehicles or property for any reason whatsoever. (7) This Agreement shall terminate on the earlier to oceur of' (1) twenty (20) years from the date of` the execution hereof by Church; or (ii) earlier termination as provided elsewhere in this Agreement. (8) In the event City breaches any terni and/or provision of this Agreement, Church shall be entitled to immediate termination of this Agreement. (9) Not -withstanding, anything to the contrary herein, in the event the parties shall desire to terminate this Agreement. for any reason or no reason, the party may, by providing thirty (30) days written notice of such termination to the other party. terminate this Agreement. Notice is to be provided by certified or registered mail as follows: Church: q g;a pi. r t��; o�- Ct�YZ�oa Shared Narking Agreement I'agc 2 ui_ (10) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. (11.) The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise. includinl without limitation, the right to selk any and all forms of relief in a court of compctertt jurisdiction. further, the City shall not be subject to any arbitration process prior to exercising its unrestricted riglit to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of anv contiict between this provision and another provision in, or related to, this document, the former shall control. Executed and effective as of the 27th day of September 1012. CHURCI By: .ferry Moyer Bv: �(tc'• �[' Reverend Scott Campbell CITY: City oi' Lubbock, Texas G . RGBERTSON, MAYOR ATTEST: Rebc kca Garza, City Secretar 6 APPROVED AS TO "ONTFN*I': Rai dv Truesde , Commutlit�' Scr\'ice, Director APPROVED AS TO FORM: Amy L. ssistan . rty Attorney Shared Parkin,~ Agreement Pa,_T ± ir13 EXHIBIT A NOT TO SCALE