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Home My WebLink AboutResolution - 2005-R0124 - Agreement With Deere & Company - 03_24_2005Resolution No. 2005-RO124 March 24, 2005 Item 26 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 an Agreement by and between the City of Lubbock and Deere & Company, 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 Council. Passed by the City Council this 24th day of ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Sherry Stephens, Ini6r4m Director of Public Works APPROVED AS TO FORM: pjt� � L. (� , , Anita Burgess City Attorney ml/ccdocs.Agreement.Deere&Co, res March 15, 2005 2005. GAL, MAYOR AGREEMENT This Agreement, dated the 24th day of March, 2005, is entered into by and between the City of Lubbock, a Texas home rule municipal corporation (the "City"), and Deere & Company, a Delaware corporation (the "Contractor"). WHEREAS, the City owns the Lubbock Land Application Site (the "LLAS"), a land application site located in Lubbock County, Texas, wherein treated effluent is applied; and WHEREAS, certain buildings suitable for classroom type activities, are located on the LLAS; and WHEREAS, Contractor desires to demonstrate and educate persons regarding agriculture equipment in the Morton building (the "Building) located on the LLAS, the location being approximately depicted on Exhibit "A", attached hereto; and WHEREAS, the activities of Contractor will benefit the City and provide a public purpose in that that attendees of the educational activities will purchase lodging and meals and be educated on the land application activities of the City; and WHEREAS, the City and Contractor now desire to enter into this Agreement for access upon the LLAS for the limited purpose of occupation of the Building, as set forth below. NOW THEREFORE, City and Contractor agree as follows: 1. Contractor shall have non-exclusive access to the Building on the LLAS, for the period of time from 7:00 a.m. on 4/ s to 5:00 p.m. on Contractor shall have no other access to the LLAS except as set forth herein. 2. Contractor may occupy the Building for the purposes of demonstration and education during the times set forth in Paragraph 1, above, and for no other purpose or use. 3. CONTRACTOR 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, 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 OMISSION OF THE ACTIVITIES CONTEMPLATED HEREUNDER, OR THE OCCUPATION OF THE LLAS BY THE CONTRACTOR, ITS GUESTS, Deere & Company Contract at LLAS Page 1 of 4 INVITEES, BUSINESS INVITEES, LICENSEES, EMPLOYEES, AGENTS AND/OR CONTRACTORS, 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 AND/OR CAUSED OR CONTRIBUTED TO, IN ANY WAY, MANNER OR FORM, BY THE NEGLIGENCE, OF ANY KIND, TYPE OR DEGREE, OR GROSS NEGLIGENCE, OF CITY, ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS. CONTRACTOR 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 CLAIMS, 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, CONTRACTOR SHALL PAY TO THE CITY, THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE, REASONABLE AND NECESSARY ATTORNEY'S FEES INCURRED BY SUCH PARTIES IN ENFORCING CONTRACTOR'S INDEMNITY IN THIS SECTION. THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, SHALL NOT BE LIABLE, AND CONTRACTOR HEREBY RELEASES THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FOR, FROM AND/OR AGAINST ANY LOSSES, DAMAGES, CLAIMS OR LIABILITIES, ON ANY THEORY OF LEGAL LIABILITY, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACTIVITIES CONTEMPLATED HEREUNDER, THE OMISSION OF THE ACTIVITIES CONTEMPLATED HEREUNDER, OR THE OCCUPATION OF THE LLAS BY THE CONTRACTOR, ITS GUESTS, INVITEES, BUSINESS INVITEES, LICENSEES, EMPLOYEES, AGENTS AND/OR CONTRACTORS, 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 AND/OR CAUSED OR CONTRIBUTED TO, IN ANY WAY, MANNER OR FORM, BY THE NEGLIGENCE, OF ANY KIND, TYPE OR DEGREE, OR GROSS NEGLIGENCE, OF CITY, ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS OR ARISING FROM OR RELATED TO, IN ANY WAY, MANNER Deere & Company Contract at LLAS Page 2 of 4 OR FORM, THE BREACH BY THE CITY OF ANY TERM OR PROVISION OF THIS AGREEMENT. THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THE TERMINATION OR VOIDANCE OF THIS AGREEMENT. 4. Contractor shall procure and carry such insurance throughout the term of this Agreement, as set forth in the Certificate of Insurance, attached to this Agreement as Exhibit `B". 5. This Agreement shall expire and terminate at 5:00 p.m. on. Contractor shall vacate the LLAS, including the removal of any property of Contractor, on or before the termination of this Agreement. This Agreement does not convey any real property interest, of any kind or type, in the LLAS or Building. 6. In the event Contractor shall fail to perform any obligation required hereunder, the City may exercise any rights and remedies available to it by law, equity, contract or otherwise. In the event City shall fail to perform any obligation required hereunder, Contractor may, to the extent it has not released the City for liability regarding same, as its sole and exclusive remedy, terminate this Agreement. Dated the 241h day of March, 2005. CONTRACTOR DEERE & COMPANY By: re Name: Title: Deere & Company Contract at LLAS Page 3 of 4 CITY OF, ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Sherry Stephen Interim Director of Public Works APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney mi/Richard/LLAS.Deere&Com panyContract March 3, 2005 GAL, MAYOR Deere & Company Contract at LLAS Page 4 of 4 -a, F� r '�Url %-Kl�rta cD euuo 13•L(!JI.l3.LG/h_U•CJJJyLIILI r c AIG Insurance Companies 300 South Riverside Plaza - Sude 2100 Cmkcago, IL 60WO-W3 CERTIFICATE OF INSURANCE Ttds CWCAN is Iswad as a rnditer of itttwm0don 0J Card wrdsrs m % tb upon Me Certificate tt mw. This celvN dons roll emerl0, lXww er a1w da ooWep! ofbrdsd by Ms polkka b"ft- Exhibit "B" AIG Companies AffordhV Coverage A The Irotrartoa Company of Per""" B Ant9dcen MOnM Aawtwwe C;om ry C NWOMW UkW F" ktskxvt0e Cwmpany f) aarpls NaYord Inwrang0 COl>,piny Named Insured and Addretw, Dsen A Company and Its sulmIdlsrles and thatr sutaldlarles, howwW they may Its c*natitwied. John Deere Dallas Thkf is to cattily that tm polk n of Mum" WW Ww taus n wd to tta risumd named above for WO palo par Ina , new Irkp any mwWn wr. tetra or coMflion d ww aondrad or onwr doarnant wnh r*W to "Wh ads OIAI 4W may be halted or may pedain. 0r kmr ow allordsd by um p*Ki" described hsrsbt b sd*rd to w tee terms, wduawns end wrwRions or such pokim, LIMIS ShWm may bo mesh reduced by pad dakms, TVIE OF COVERAG POLICY NtlMtaeR 1 rr Ur. A Gstteral LMbany Et t ll1 29D2a nsrlte 1,000, Ooeurtshoo Co4ra09, Applba to Exp. 11/112=1 Personal a Advl+tlix+p h*ry f 1,000.000 ON wraen daltepe, wb*d to au C4"W" operadwo S 1,000,000 appkoW tame W4 owW09m Gar" Ac repa s S 1,0w1w C Autemablta U*I E . tt 1/200s 01 eustlMa Comb 1.000,000 M owrte0, teased or WAW auto$ Exp. 1 V011=5 (AN stataa exosOt Apolo" Pat Aw"" M 110ty l" TX, MA A VA) or Property Damp e E iV - 19144W only — Uu* 10.000 ,00 FUmrob6*L*0Wy "led, laased or ranted Woo Exp. 11,0t/200y CA 19t44f7 (MA arty) Ap16w*Ie Aa' Aa1W" to Bodly I" CA 10144$4 (VA only) or PmwV Darnaga A workewc9a nsatton elf. 11101 WC50VI s orrtow"iw statutory and G* 1110112005 (AS slates nompt Each Atcldertt: t 1.000.0w tEmproyvs' L aWllq CA, FL. MA, NJ, NV, DI Mae-Eadt "V om S 1,000,000 NY, OR, and v6n) Dium",PoWy f,Nrrr 1 1,000,000 s Wsrkm, Comrpennaa n FM 1 t WC 550491 (CA) Worklrs $litWory and Exp 114Ir1006 WC 549M3 (NV A OR) Each Aoddoftl i 1,000,0w Employers' Lisbatty we U"910 (NJ) Dlasws-lach omployss i 1.000,000 ol6eae-Po11Cp until a t,OOo,ow C Worseo' Contpan Batten riff. RV1 2004 wo s aatroh rowutoly and Exp. 11/01rM (VA) INAAocldsW. 1 1,000.000 Employers' Uabuny Otson"Seh antpiev" S 1,000.000 Dla=w**kky LWd S I,000,000 O wwksrs't;ompehea n V. 11101/200e MSa9f914 workers compw4auon FGGn— and Erg. 11A1/2006 (FL) EatdtAccident S %W01000 Wpoyem' UmbattY 74 5194915 Qbgs♦Fa h a n0cy" 5 1.000m (MA 4 NY) 04"*4%Oky UTA S 1,000,000 Dwoption of OpelatlonstloesUonWVdhio sMpocial Items ME: Lubbock City Farm, Ea91 191h 611aut (aeet Of Loop M) 1 •Apr-05 City of Lubbock Is an additions( Insured with regards to 96MG111ability and auto debility. Waiver of subropetion appal in favor of the w0jk ate he WW for workers oomp ulk)n, cOWWA o"M Kaft are a %40 ser,na d wakens' acmW4s4ort amok, nor wok% WWca MOftom to ate stares of tarwta, lows. "wraW, and Lft%w a w++ch an axaWw br 00%wrao unau M aW►as 00idw ) Concoilatlon any o#ft aboyodww6bW policies be or4ied ba the *%pw**n 0wroa,the law;; company W1 andww to rml 50 days wraWn notice to tm iai4 tWldlr nsmed below, bkA hMxs t0 moll t:uOh mama aftaa impose no obtlpalan a lsgany of any urb upon me eamptrny, ks agents or teptvsarttativaa. City Fwm PO Box 20M Lubbock, TX 7$07 i /'/3 W � /