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HomeMy WebLinkAboutResolution - 2018-R0440 - MOU With Adventure Park - 12/17/2018Resolution No. 2018-RO440 Item No. 6.9 December 17, 2018 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 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 Memorandum of Understanding ("MOU") by and between the City of Lubbock and Adventure Park — Lubbock, LP, a Limited Partnership, relating to the future use of certain real property owned by the City of Lubbock located in Section 17, Block B, Lot 305, Midway Park Addition, Lubbock County, Texas, and all related documents. Said MOU 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 December 17, 2018 DANIEL M. POPE, MAYOR ATTEST: - Dzet,4 0- ".,/. Reb cca Garza, City Secreta y APP VED AS TO CONTENT: Jesica McEachern, Assistant City Manager APPROVED AS TO FORM: A'-15e� R. an B oke, Assis nt City Attorney RGSNOU-COL-Adventure Park 8 22.18 Resolution No. 2018-RO440 STATE OF TEXAS COUNTY OF LUBBOCK MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF LUBBOCK AND ADVENTURE PARK-LUBBOCK, L.P. This Memorandum of Understanding (the "MOU") is made on this 17th day of December 2018, by and between the City of Lubbock ("City") and Adventure Park - Lubbock, L.P. ("Adventure Park"), of Lubbock, Texas for the purpose of addressing the use of City property ("Property") adjacent to Adventure Park's property located in Lubbock County, Texas. WHEREAS, Adventure Park plans to open and operate an amusement and entertainment destination business offering the citizens of Lubbock activities ranging from miniature golf to bumper boats and zip lines to bike trails; and WHEREAS, Adventure Park will be located on the Northeast comer of 29"' Drive and the Marsha Sharp Freeway in Lubbock, Texas; and WHEREAS, in anticipation of high volumes of public vehicular traffic, Adventure Park seeks to secure current and future surface parking solutions to serve their patrons; and WHEREAS, the City owns certain real property adjacent to and abutting Adventure Parks property, located in Section 17, Block B, Lot 305, Midway Park Addition, Lubbock County, Texas, and being more particularly described in Exhibit A attached hereto; and WHEREAS, two water tanks no longer utilized by the City remain on a portion of the Property and the City plans to demolish the water tanks within the next two years; and WHEREAS, the City and Adventure Park currently cooperate under a Parking Lease Agreement for a portion of the Property, providing Adventure Park with twenty-two additional parking spaces; and WHEREAS, Adventure Park and the City Council of the City of Lubbock, Texas desire to continue to cooperate regarding the use of the Property following the demolition of the two water tanks; and WHEREAS, the City and Adventure Park desire to enter into this MOU for the purpose of establishing a first right -of -refusal to lease the portion of the Property the City deems suitable for surface parking purpose following the demolition of the existing two water tanks. {001190431 Memorandum of Understanding — Adventure Park Pagc 1 1. TERM OF MEMORANDUM OF UNDERSTANDING This MOU will be in effect from the date of execution of this document until the earlier of (i) December 31, 2020, or (ii) until demolition of the water tanks is complete and the City and Adventure Park enter into a new Parking Lease Agreement. 2. ADVENTURE PARK'S RESPONSIBILITIES a. Adventure Park agrees that it will work to enter a new Parking Lease Agreement for the portion of the Property the City deems suitable for surface parking following the demolition of the water tanks. b. Adventure Park agrees to operate in good faith and in compliance with the terms and conditions of the existing Parking Lease Agreement. Adventure Park agrees, at all times during the existing and future Parking Lease Agreements, to bear the cost of maintaining all parking surface area on the Property in good repair and may improve the roadway and parking surface on the Property. 3. CITY OF LUBBOCK'S RESPONSIBILITIES a. The City shall determine what portion of the Property, if any, is suitable for surface parking following the demolition of the water tanks on the Property. b. In the event the City determines the Property, or a portion thereof, is suitable for surface parking following the demolition of the water tanks, the City agrees to allow Adventure Park the first opportunity to negotiate and enter into a new Parking Lease Agreement with the City on the portion of the Property that is suitable for surface parking. The City agrees to operate in good faith and in compliance with the terms and conditions of the existing Parking Lease Agreement. 4. NO LIABILITY No liability will arise or be assumed between the parties as a result of this MOU. All parties to this document will act in good faith to achieve the goals of the MOU in a reasonable time frame. This MOU is a good faith expression of the intent of the Parties. No provision in this MOU is binding upon any Party unless included in future binding, definitive agreements duly executed by the Parties. 5. NO JOINT ENTERPRISE {001190431 Memorandum of Understanding — Adventure Park Page 2 6. 7. This Agreement is not intended to, and shall not be construed to create any joint enterprise between or among the Parties. GOVERNING LAW This Agreement will be governed by the laws of the State of Texas. The sole venue for any action, controversy, dispute or claim arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. `TERMINATION Notwithstanding anything herein to the contrary, the Parties may terminate this MOU at any time, by mutual agreement. This document represents the mutual understanding of both the City and Adventure Park. ADVENTURE PARK-LUBBOCK, L.P. i r By: Kai Evans Director of Operations CITY OF LUBBOCK By: Daniel M. Pope Mayor, City of Lubbock (001190431 Memorandum of Understanding — Adventure Park Page 3 Date: Date: