HomeMy WebLinkAboutResolution - 2010-R0054 - Lubbock Regional Public Safety Memorial Organization At Leroy Elmore Park - 01/28/2010Resolution No. 2010-R0054
January 28, 2010
Item No. 5.25
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 the Lubbock Regional Public Safety Memorial
Organization to build the Public Safety Memorial at Leroy Elmore Park. 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 City Council.
Passed by the City Council this 28th day of January _ , 2010.
TOM MARTIN, MAYOR
ATTEST:
Rebec a Garza, City Secretary
APPROVEll kS TO CONTENT:
Mike Kemp, interA Fire Chief
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw ccdocs/RFS Public Safety Memorial License Agreement
Januar} 8, 2010
Resolution No. 2010-R0054
LICENSE AGREEMENT
THIS License Agreement (the "Agreement") is entered into this 28th day of January,
2010, between the CITY OF LUBBOCK, TEXAS (the "City"), a Texas Home Rule Municipal
Corporation, and the Lubbock Regional Public Safety Memorial Organization) ("Memorial
Organization"), THE MEMORIAL ORGANIZATION, a Texas nonprofit corporation, acting by
and through their respective and duly authorized officers and officials.
RECITALS
WHEREAS, the Memorial Organization is a nonprofit corporation founded in 2003,
with donations and grants from interested and caring citizens, organizations and charitable
foundations, to support it in achieving its goal of building and displaying a public safety
memorial; and
WHEREAS, it is the belief of the City and the Memorial Organization that the public
memorial will honor public safety professionals from Lubbock and the surrounding 14 counties
who have lost their lives in the line of duty and will serve as a tribute to public safety
professionals who protect the citizens of this region every day; and
WHEREAS, the Memorial Organization desires to build and display the Memorial, in
substantial compliance with Exhibit "A", over and on that certain real property located on Leroy
Elmore Park at 66`h Street and Quaker Avenue and further described on Exhibit "B", attached
hereto (the "Lands") ; and
WHEREAS, for the promotion of honorary and educational purposes for the citizens of
the City and public safety professionals throughout the region, the Memorial Organization and
the City now desire to enter into this Agreement.
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 Lands to the Memorial
Organization, for the sole purpose of constructing, maintaining and displaying the Memorial
Project.
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").
This Agreement will be automatically extended upon identical terms and conditions, for
ten (10) additional successive periods of ten (10) years each, unless either party notices the other
Public Safety Memorial License Agreement Page 1
of intent to terminate the Agreement sixty (60) days prior to the end of the Primary Term or any
of the Optional Terms, as applicable, or as otherwise provided in this Agreement.
This Agreement shall terminate without further notice when the Primary Term or Option
Terms, whichever is applicable as specified in Section 1.02, expires, and the Memorial
Organization shall immediately vacate the Lands. Any holding over by the Memorial
Organization after that term expires, except as provided otherwise in this Agreement, shall not
constitute a renewal of this Agreement, or provide the Memorial Organization any rights
whatsoever under this Agreement and/or to the Lands.
ARTICLE II
Improvements
It is the goal and obligation of the Memorial Organization to construct, manage and
display the Memorial Project described in the following Articles. The Memorial Organization
shall construct, manage and display the improvements in compliance with all State and Federal
laws, statutes and regulations and local ordinances. In addition, unless the consent and/or
approval of the City and other parties is required herein, or by law, the Memorial Organization
shall cooperate with and seek input from the City, and any other necessary regulatory authority,
as required, in the establishment, maintenance and display of the Memorial Project.
Section 2.01. Acquisition of Funds. The Memorial Organization shall obtain, on or
before January 1, 2012 (the "Fund Date"), sufficient funding (from any and all available
sources), and submit proof of same to City, to construct, operate and display the Memorial
Project, as described in this Agreement. In the event the Memorial Organization is unable to
obtain funding sufficient to construct, operate and display the Memorial in substantial
compliance with Exhibit "A" in the time frame herein set forth, the Memorial Organization may
request an extension of time from the City, and the City may, in its discretion, allow additional
time for funding the project and/or allow incremental construction based on funds available. In
the event the Memorial Organization shall not acquire such funding, and submit proof of same to
the City, within the Fund Date, or any extensions thereto, this Agreement shall automatically
terminate without further action by City and the Memorial Organization shall, upon same,
immediately vacate the Lands. As stated herein, "sufficient funding" shall be no less than that
amount required to construct the Memorial Project as described herein.
Section 2.02. Construction — Site Plan. On or before six (6) months after the Fund
Date, the Memorial Organization shall submit to the City a detailed Site Plan (herein so called)
of the Lands, which shall detail all aspects of the Memorial Project, including the general
appearance of all permanent improvements thereon, including, but not limited to, buildings,
interior fencing, landscaping, and including the proposed identification and location of all
permanent, temporary or removable exhibits.
The Site Plan is subject to review and approval by the City and the Parks and Recreation
Board of the City, or their successors, and, if required by law, any other parties or entities. Any
such parties, after consultation with the Memorial Organization, may request any changes,
amendments or corrections to the Site Plan. In the event the parties cannot mutually agree on
Public Safety Memorial License Agreement Page 2
such changes, such dispute may be appealed to the City Council of City. The City Council of
City may direct whatever changes to the Site Plan it deems necessary or advisable. Except as
stated otherwise, "Site Plan" as used in this Agreement shall mean and refer to the Site Plan, as
approved as described herein.
Section 2.03. Construction. The Memorial Organization shall construct, or cause to be
constructed, and locate upon the Lands, all structures as depicted in the Site Plan, on or before
two (2) years after the Fund Date. However, if the Memorial Organization is unable to complete
construction at such time, the Memorial Organization may apply for an extension of time from
the City, and the City may, in its discretion, allow additional time for construction.
Section 2.04. Approval of Construction. No construction of any type or ki id,
including without limitation, additions or alterations to structures completed, or caused to be
completed, by the Memorial Organization and/or placement or location of improvements upon
the Lands, shall be commenced unless the plans, specifications and proposed location of such
construction and/or location of the improvements have received the prior written approval of the
City, and if required by law, any other parties.
The Memorial Organization 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 improvement, and all construction and alteration of any improvement shall be conducted
and completed in compliance with all applicable permits, ordinances, and statutes now or
hereinafter existing—The Memorial Organization shall submit a copy of detailed working plans,
drawings, and specifications to the City not less than thirty (30) days prior to the commencement
of such activities.
The City, and any other parties having the right of approval, as described herein, shall
review all plans submitted by the Memorial Organization and provide to The Memorial
Organization, in writing, any required changes or corrections that must be made that the City
and/or other parties having the right of approval, as described herein, may deem necessary in
their sole discretion. The failure to receive the approval described herein shall not excuse the
performance by the Memorial Organization of any provision and/or activity described and/or
required in this Agreement.
The City, and other parties having the right of approval, as described herein, shall have
the right at all times to observe any and all activities described in Article II.
Minor repairs and/or alterations necessary to maintain existing structures and
improvements located upon the Lands in a sound state of repair do not require submission and
approval as described herein.
Section 2.05. Surety. Any and all contracts that the Memorial Organization 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
Public Safety Memorial License Agreement Page 3
the commencement of any activities of any kind by such third parties. The City Manager of the
City shall take action to approve or disapprove the bond within 15 days of submission, or the
bond is deemed sufficient by the City.
Section 2.06. Ownership of Improvements. Any and all improvements, except as
provided below, constructed, placed, located and/or maintained on any part of the Lands by the
Memorial Organization during the term to this Agreement shall be considered part of the real
property and must remain on the Lands and, subject to the terms of this Agreement, become
property of the City, from and after the termination of this Agreement. During the term of this
Agreement, as defined in Section 1.02 herein, it is agreed and understood that the Memorial
Organization retains ownership of the Memorial Project.
ARTICLE III
Operations of the Memorial Organization
Section 3.01. Security. The Memorial Organization may take actions necessary to
prevent vandalism of any of the Memorial Project. Such actions may include, but are not limited
to, the fencing of the Lands sufficient to discourage vandalism of the Memorial Project.
Section 3.02 Access of Public. From and after the placement of the Memorial Project on
the Lands, entrances to the Lands shall be open to the general public within reasonable hours as
designated by the Memorial Organization and approved by the City.
Section 3.03. Utilities. The City shall be responsible for providing, furnishing and
connecting all utilities to the Lands 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 Lands and the
utilization of same in connection with the operation of the Memorial Project. Such utilities shall
include, without limitation, water, sewer and electricity.
Section 3.04. Taxes. The Memorial Organization shall pay and discharge all charges,
including without limitation, personal property taxes, gross receipt taxes, general and special
assessments, and other charges of similar nature which may be levied or assessed against the
Lands, the Memorial Project, and/or any activity contemplated by this Agreement, if any, during
the term of the license.
Section 3.05. Prohibition of Encumbrance. The Memorial Organization shall not
encumber any interest in the license granted herein, the Lands, 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, The Memorial Organization shall not cause or permit any mechanic's liens or
any other liens to be filed against the license granted herein, the Lands, 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 the
Memorial Organization or any contractor or subcontractors of the Memorial Organization.
Public Safety Memorial License Agreement Page 4
Section 3.06. Right of Entry — City. Nothing contained in this Agreement shall be
construed to prohibit the City's right of entry, and the City expressly reserves the right of entry,
in, on, over and/or across the Lands, at any and all times, and for any and all purposes.
Section 3.07. Audit. The Memorial Organization shall keep complete and accurate
records, books and accounts according to generally accepted accounting principles, and the City
shall have the right to examine and audit said records at any reasonable time.
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.
ARTICLE IV
Operation Funds
Section 4.01. Solicitation of Funds. The Memorial Organization shall, during the
effective term of this Agreement, utilize its best efforts to solicit funds from various sources,
including, but not limited to, memorials, honorariums, grants, membership dues, and gifts in
kind, or any other like sources to be utilized in the creation, construction, operation and display
of the Memorial Project.
Section 4.02. Operation Funds. The Memorial Organization shall at all times maintain
adequate funding to construct and maintain the Memorial Project in accordance with the terms
hereof. This Section shall be construed consistently with Section 2.01.
ARTICLE V
Maintenance and Repair
Section 5.01 Maintenance and Duty to Repair. At all times during the term of this
Agreement, the Memorial Organization shall keep and maintain, or cause to be kept and
maintained, all improvements in a good state of appearance and repair, to be determined by the
City, it its sole discretion, at the Memorial Organization's sole expense.
However, the City shall maintain the grounds adjoining the Memorial Project, to include the
landscaping and grass, and will install an appropriate watering system for same, if necessary, in
the City's sole judgment.
Section 5.02. Damage or Destruction. If any improvement constructed and/or located
on the Lands, is damaged by fire, vandalism, or any other casualty, the Memorial Organization
must, within twelve (12) months from the date of the damage, complete repair or reconstruction
of the damaged improvement to the original condition of such improvement. However, if the
Memorial Project is destroyed, the Memorial Organization must, within two (2) years from the
date of destruction, reconstruct the Memorial Project unless the Memorial Organization requests
of the City and the City agrees to a delay in the reconstruction.
Public Safety Memorial License Agreement Page 5
ARTICLE VI
Insurance, Indemnity and Release
Section 6.01. Indemnity and Release. THE MEMORIAL ORGANIZATION SHALL
INDEMNIFY AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY
LAW, THE CITY, AND CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED
OFFICIALS AND/OR AGENTS FROM AND AGAINST ANY AND ALL LOSSES,
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, THE MEMORIAL
ORGANIZATION'S OCCUPATION OF THE LANDS OR OTHER CITY OWNED LANDS,
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. THE MEMORIAL ORGANIZATION 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, WITHOUT LIMITING THE INDEMNITY PROVIDED HEREIN,
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.
THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THE
TERMINATION OR VOIDANCE OF THIS AGREEMENT.
Section 6.02. Insurance. The Memorial Organization shall procure and carry, at its cost
and expense through the life of this Agreement, insurance protection as hereinafter specified, in
form 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 this Agreement, including, but not limited to, all aspects, operations and/or
occurrences to which the Memorial Organization has indemnified the City, as provided herein .
A Certificate of Insurance specifying each and all coverages shall be submitted to the City prior
to the initiation of construction of the Memorial Project. The Memorial Organization 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; 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.
Public Safety Memorial License Agreement Page 6
A. Comprehensive General Liability Insurance. The Memorial Organization shall
have comprehensive general liability insurance, with limits of $1,000,000.00
combined single limit in the aggregate and per occurrence. The City shall be
named as an additional insured in such policy.
B. Owner's Protective or Contingent Public Liability Insurance and Property
Damage Liability Insurance. The Memorial Organization and/or its contractor(s)
shall obtain an Owner's Protective or Contingent Public Liability Insurance policy
in the amount of, for bodily injuries, including accidental death and/or property
damage of $1,000,000.00 combined single limit. This insurance coverage shall
include coverage against casualty or damage, including, but not limited to,
damage caused by fire and/or vandalism, to any and all improvements located on
the Lands, and shall name the City as an additional insured.
C. Worker's Compensation Insurance. The Memorial Organization, throughout the
period described above, and all contractors hired by the Memorial Organization to
perform work at any site on the Lands, throughout the course of the job, shall
maintain worker's compensation insurance coverage in accordance with the
statutory requirements of the State of Texas.
D. Builder's Risk Insurance. The Memorial Organization and/or its contractor(s)
shall have Builder's Risk Insurance in the amount of one hundred percent (100%)
of the prices of each contract relating to the construction activities contemplated
in Article II, above, and the insurance shall name the City as an additional
insured. The insurance specified in 6.02 D does not have to be provided after
completion of the construction of the Memorial Project.
ARTICLE VII
Warranties, Covenants and Representations of the Memorial Organization
Section 7.01. Existence. The Memorial Organization is a non-profit corporation 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 7.02. Power. The Memorial Organization has the corporate power to enter into
and perform this Agreement and all activities contemplated hereby.
Section 7.03. Authorization. The execution, delivery and performance of this
Agreement and the activities contemplated hereby have been duly and validly authorized by all
requisite corporate action on the part of the Memorial Organization.
ARTICLE VIII
Events of Default and Remedies
Section 8.01. Default,
Public Safety Memorial License Agreement Page 7
A. Default of the Memorial Organization. An Event of Default (herein so called) shall
exist if anyone or more of the following events shall occur:
1. Any representation or warranty made by the Memorial Organization 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;
2. The Memorial Organization shall default, in any way, manner or form, in the
performance of any of the covenants, provisions and/or terms of this
Agreement;
The Memorial Organization 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 (3 0) days after such judgment becomes final; or
4. The Memorial Organization shall default in the payment of any material
indebtedness of the Memorial Organization.
B. Default of City. An Event of Default (herein so called) shall exist if:
1. City shall default in the performance of any of the covenants, provisions
and/or terms of this Agreement.
Section 8.02. Remedies upon Event of Default.
A. Remedies of City. If an Event of Default of the Memorial Organization shall
have occurred and be continuing, then the City, at its option may (i) declare this
Agreement, and all rights and interest created by it, terminated; (ii) assert an
action for any and all damages available to the City under this Agreement and/or
pursuant to law or equity; and (iii) pursue and enforce any rights of the City as
provided under this Agreement pursuant to any applicable law or equity, or
otherwise.
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.
The remedies provided to the City by law, equity, this Agreement or otherwise are
cumulative, to the extent permitted by law. The exercise by the City of the
Public Safety Memorial License Agreement Page 8
remedies provided herein shall not constitute an election of remedies, and the
City, irrespective of its exercise of remedies as provided herein, or a portion
thereof, shall be entitled to exercise, concurrently or otherwise, any and all
remedies available to it by law, equity, this Agreement or otherwise.
B. Remedies of the Memorial Organization. If an Event of Default of City shall
have occurred and be continuing, then the Memorial Organization may, as its sole
and exclusive remedy, terminate this Agreement.
ARTICLE IX
Miscellaneous
Section 9.01. 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 9.02. Notice. Any notice required or permitted to be given herein must be given
in writing and must be personally delivered, delivered by telephone 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 OF LUBBOCK:
Lee Ann Dumbauld, City Manager
P.O. Box 2000
Lubbock, Texas 79457
Telephone: 806-775-2001
Fax: 806-775.2051
Fax: 806-775-2051
THE MEMORIAL ORGANIZATION
The Memorial Organization
attn: Scott Farmer, Chair
P.O. Box 53839
Lubbock, Texas 79453
Telephone: 806-239-1993
Fax: 806-775-2781
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
address for purposes of this Agreement by giving notice of such change to all other parties
pursuant to this Section 9.02.
Section 9.03. Assignment/Sublet. This license is personal to the Memorial
Organization. The Memorial Organization shall not assign or sublet this license without the
express written consent of the City. Any attempt to assign or sublet this license, without such
consent, shall terminate the license granted herein.
Section 9.04 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.
Public Safety Memorial License Agreement Page 9
Section 9.05 Relationship to Parties. The relationship between the City and the
Memorial Organization is at all times solely that of license and licensee, and may not be deemed,
in any event, a partnership or a joint venture.
Section 9.06. Compliance with Applicable Law. The Memorial Organization shall
comply with all applicable federal, state and local rules, regulations, statues, laws and ordinances
governing, in any way, manner or form the construction activities contemplated herein, the
operation of the Museum Project, the occupation of the Lands, and/or any other aspect of the
activities described in or contemplated by this Agreement.
Section 9.07. Time of the Essence. Time is of the essence of this Agreement.
Section 9.08. Texas Law/Venue. This Agreement is to be construed under Texas law
and applicable federal 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 9.09. Partial Invalidity. Except as otherwise provided herein, 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 unenforceablility 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 9.10. 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 9.11. 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 9.12. 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, and prevails in such enforcement, then the breaching party shall pay the other party
the reasonable attorney's fees and costs incurred to enforce this Agreement.
Section 9.13. 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 9.14. Captions. Section captions are for convenience only and shall in no way
affect the interpretation of this Agreement.
Section 915. License Agreement. The intent of this Agreement is to grant a license to
the Memorial Organization to utilize the Lands solely for the purposes described herein. This
Agreement shall not be construed, in any way, manner or form, as a lease of the Lands or as
conveying to the Memorial Organization any interest in the real property comprising the Lands.
Public Safety Memorial License Agreement Page 10
EXECUTED and effective as of the date first above written.
CITY OF LUBBOCK, TEXAS
TOM MARTIN, MAYOR
ATTEST:
Rebecc Garza, City Secretary 1113
APPROVED AS TO CONTENT:
Mike Kemp, lnteridi Fire Chief
,1)1,4 /1,
Dale Holton, Chief of Police
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
LUBBOCK REGIONAL PUBLIC SAFETY
MEMORIAL ORGANIZATION
("Memorial Organization")
By•
N colt Farmer
Title:
vw:CityAtt/Chad:Contracts-Agreements. Public Safety Memorial License Agreement
January 8, 2010
Public Safety Memorial License Agreement Page 11
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