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HomeMy WebLinkAboutResolution - 2004-R0127 - License Agreement For Law Enforcement Training - Reese Redevelopment Auth. - 03_04_2004Resolution No. 2004-RO127 March 4, 2004 Item No. 31 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 by and between the City of Lubbock and Lubbock/Reese Redevelopment Authority, for the use of property for the purpose of law enforcement training, and all related documents. Said License 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 this 4th day ATTEST: Rebecca Garza, City Secretary TO CONTENT: Jones, Chief o APPROVED AS TO FORM: ��s;igig�y ttomey as/ccdocs/License Agreement LRRA.Reso. February 23, 2004 2004. Resolution No. 2004-RO127 March 4, 2004 Item No. 31 LICENSE AGREEMENT This License Agreement (the "Agreement") is entered into on this 4th day of March , 2004, between the City of Lubbock, Texas (the "City"), a Texas Home Rule Municipal Corporation, and Lubbock/Reese Redevelopment Authority ("Authority"), a political subdivision of the State of Texas. RECITALS WHEREAS, the Authority owns a certain premises located in Lubbock County, Texas (the "Premises") as described in Exhibit "A" which is attached hereto and incorporated as if fully set forth herein; and WHEREAS, the City desires the use of the Premises for the purpose of law enforcement training; WHEREAS, the Authority desires to grant the City a license to use the Premises -subject to the following terms and conditions; 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 Authority hereby grants, upon the terms and conditions set forth in this Agreement, a license for the Premises to the City, for the purpose of conducting activities related to law enforcement training. 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. This License may be terminated at will by either party upon ninety (90) days written notice, and is subject to FAA regulations regarding the airfield usage. Section 1.03. Payment. For the term of the License, City will pay Authority for use of the Premises the annual total of $1, due on the first day of April, beginning April 1, 2004 and the first day of April of each year thereafter. ARTICLE II Operations of City Section 2.01. Securit . The City shall be responsible for any and all necessary security for the Premises. Section 2.02. Sips. City may erect or attach to the building located on the Premises such signs as it considers proper and necessary with the prior written consent of the Authority. City shall remove any sign placed on or about the exterior of the Premises upon the termination of this License. Section 2.03. Furniture and Fixtures. All furniture, fixtures and equipment placed in the Premises by City shall remain City's property. City may, when the License's term expires, remove the furniture, fixtures and equipment if the removal is done so as not to damage the Premises. Section 2.04. Maintenance and Duty to o Repair. At all times during the term of this Agreement, City shall keep and maintain, or cause to be kept the building located on the Premises in a good state of appearance and repair, normal wear and tear excepted. Section 2.05. Damage or Destruction. If the Premises is damaged or destroyed by fire, vandalism, or any other casualty, regardless of the extent of the damage or destruction, Authority LICENSE AGREEMENT -- The Authority of Lubbock, Inc. Page 2 has the option to repair the facility or relocate the City functions to a suitable Reese campus location, within twelve (12) months from the date of the damage or destruction. ARTICLE III Events of Default and Remedies Section 3.01. Default. An Event of Default (herein so called) shall exist if any one or more of the following events shall occur: (a) If a party shall default, in any way, manner or form, in the performance of any of the covenants, provisions and/or terms of this Agreement; or (b) If a party 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. Section 3.02. Remedies upon Event of Default. If an Event of Default shall have occurred and be continuing, then the non -defaulting party, at its option may (i) declare this Agreement, and all rights and interests created by it, terminated; (ii) assert an action for damages under this Agreement and/or pursuant to law or equity; and/or (iii) pursue and enforce any rights LICENSE AGREEMENT -- The Authority of Lubbock, Inc. Page 3 of the of the non -defaulting party as provided under or pursuant to any applicable law or this Agreement. In the event either party elects to terminate this Agreement as provided herein, this Agreement shall cease as if the day of the election to terminate was the day originally fixed in this Agreement for its expiration. ARTICLE IV Miscellaneous Section 4.01. 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 4.02. 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: Tom Mann Assistant Police Chief P. O. Box 2000 Lubbock, Texas 79457 (806) 775-2752 Fax: (806) 775-2781 Authority: Eric G. Williams Executive Director 9801-Reese Blvd. Suite #200 Lubbock, TX 79416 806-885-6592-phone 806-885-6003-fax 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 party may change its LICENSE AGREEMENT -- The Authority of Lubbock, Inc. Page 4 address for purposes of this Agreement by giving notice of such change to all other parties pursuant to this Section 9.02. Section 4.03. Assignment/Sublet. This license is personal to City. City shall not assign or sublet this license. Any attempt to assign or sublet this license shall terminate the license granted herein. Section 4.04. 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 4.05. Relationship of Parties. The relationship between the City and Authority is at all times solely that of licensor and licensee, and may not be deemed, in any event, a partnership or a joint venture. federal, Section 4.06. Compliance with Applicable Law. City shall comply with all applicable Section 4.07. Time of the Essence. Time is of the essence of this Agreement. Section 4.08. 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 Agreement, or any activity contemplated hereby, shall lie exclusively in Lubbock County, Texas. Section 4.09. Compliance with Law. The City agrees to abide by any and regulations and/or rules as issued by the Federal Aviation Administration related to the Premises. Section 4.10. Revenues. The parties agree hereto that all payments made pursuant to this Agreement must be made from current revenues available to each respective party. LICENSE AGREEMENT -- The Authority of Lubbock, Inc. Page 5 G UV ti ` V— L'/.G / Section 4.11. 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 4.12. 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 4.13. 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 4.14. Attorngy'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 4.15. Hold harmless. The parties shall be responsible for their own respective claims, actions, suits, charges and judgments whatsoever that arise out of their respective performance or nonperformance of the subject matter called for under this Agreement. Section 4.16. 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 4.17. Captions. Section captions are for convenience only and shall in no way affect the interpretation of this Agreement. Section 4.18. License Agreement. The intent of this Agreement is to grant a license to Authority to utilize the Lands solely for the purposes described herein. This Agreement shall not LICENSE AGREEMENT -- The Authority of Lubbock, Inc. Page 6 6Q11- 90/2 �7 be construed, in any way, manner or form, as a lease of the Lands or as conveying to Authority any interest in the real property comprising the Lands. Executed and effective as of the date of the execution hereof by the City of Lubbock. CITY OF GAL, MAYOR Date executed: March 4, 2004 ATTEST: Rebe ca Garza, City Secretary TO CONTENT: Jones, Chief(of APPROVED AS TO FORM: Amy i , tj s' City Attorney as/L:/CityAtt/Amy/License Agreement-PD-LRRA February 23, 2004 THE LUBBOCK/REESE REDEVELOPMENT AUTHORITY BY: /. Name: t;pt viva t1.1-tia Title: e)c�'C'rlv�a pw-�a- Date executed: C�-Z - 23-04 LICENSE AGREEMENT -- The Authority of Lubbock, Inc. Page 7 Resolution No. 2004-R 0127 EXHIBIT A To Sublease between LRRA, as Sublandlord, and City of Lubbock, as Subtenant. 1. PREMISES The premises consist of that property described as one parcel being approximately 10 acres located at the central portion of the western runway at Reese Center. One additional parcel includes Building 3146 (Dog Kennels) and the adjacent fenced area. Access to the premises will be as shown on Exhibits A and B of the Interim Lease. as/cityatt/Amy/Exhibit A