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HomeMy WebLinkAboutResolution - 1332 - Addendum To Operating Agreement - Native Land - Extend Term To 12_17_83 - 03_10_1983Nos �P RESOLUTION 1332 - 3/10/83 Amends Reso. 994, 12/17/81 PjW1&1r-r RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN ADDENDUM TO OPERATING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND NATIVE LAND. 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 Addendum to an Operating Agreement between the City of Lubbock and Native Land, extending the term of the agreement to December 17, 1983 and granting rights of use to water well located on city parkland, which addendum, attached herewith shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail Passed by the Council this loth day of �ch 1983. BIL McALIST R, MAYOR ATTEST: E elyn Gaffga, City SeOcta*-Treasurer APPROVED AS TO CONTENTS Lawrence Banks, Administrative Assistant, Community Facilities APPROVED AS TO FORM: 1fm ]JIUW , .7 n Sherwin, Assistant City Attorney RESOLUTION 1332 - 3/10/83 r - Amends Reso. 994, 12/17/81 11T ccr;�,-:^t , TR ASUREFC ADDENDUM TO OPERATING AGREEMENT OF DECEMBER 17, 1981, BETWEEN CITY OF LUBBOCK AND NATIVE LAND WITNESSETH: WHEREAS, on December 17, 1981, the CITY OF LUBBOCK, herein- after called "CITY", and NATIVE LAND, a non-profit corporation, entered into an Operating Agreement whereby the CITY authorized NATIVE LAND to operate an area north of Lake 6 of the Yellowhouse Canyon Lakes; and WHEREAS, the term of said Operating Agreement expired on December 17, 1981; and WHEREAS, NATIVE LAND has performed a valuable public service to the CITY by maintaining and renovating the area and buildings located thereon and by conducting educational and recreational activities on the area for the benefit of the citizens of the CITY; and WHEREAS, NATIVE LAND desires to continue its activities and operations; and WHEREAS, the PARKS AND RECREATION BOARD OF THE CITY OF LUBBOCK recommends to the CITY COUNCIL the extension of said Operating Agreement and the addition thereto of rights to use a water well located adjacent to said area; NOW THEREFORE, in consideration of the mutual covenants herein made the CITY and NATIVE LAND do hereby agree as follows: 1. This Addendum incorporates the Operating Agreement of December 17, 1981, between the CITY and NATIVE LAND and Exhibit A to said Operating Agreement, which instruments are hereby made a part of this Agreement for every purpose. 2. The term of said Operating Agreement of December 17, 1981, shall be extended to December 17, 1983. 3. The CITY hereby authorizes NATIVE LAND to use a water well located on property belonging to the CTIY and adjacent to the area operated by NATIVE LAND pursuant to said Operating Agreement, the location of which water well is marked in red on Exhibit A of said Operating Agreement. Y 4. The CITY further authorizes NATIVE LAND to install such pumps, pipes, electrical meters, wiring and switches, and other equipment as necessary for NATIVE LAND'S use of such water well, all such equipment and installation shall be secured solely at the expense of NATIVE LAND and without cost to the CITY. 5. NATIVE LAND shall hold harmless and indemnify the CITY for any and all liabilities arising from the use of such water well and any and all obligations incurred by NATIVE LAND, its officers, employees, agents, volunteers, guests, or subcontractors in connection with the operation or use of said water well. 6. During the extended term of said Operating Agreement NATIVE LAND shall maintain said area and continue the renovation of buildings located thereon and shall conduct recreational and educational programs and activities for the benefit of the citi- zens of the CITY. Executed this 10th day of March 1983. r BILL MEALISTER, MAYOR ATTEST: Eve yn a a, C t cretary-Treasurer APPROVED AS TO CONTENT:: �yuvjr.Pi'w�- A11___. Lawrence Banks, Administrative Assistant, Community Facilities APPROVED 146ZGvt�vt. ASTO FORM: G�/i'1 an Sherwin, Assistant City Attorney NATIVE LAND BY 'J42nRarlbwe Boswell (SEAL) ATTEST: Secretary, Linda Everse rti1r. aA_ F ,s? t f ;>,Jr'0 ,.•_. -m�"a^ yF tii � E: •;i, � ,-.+,� � R •k' � ° -r ! t - rT{ } vj {. � t � } �•y� .- � r �, �♦ Y�S ;c� � 1 } i3Y t k,` I I i� . "Y� i►�"+r a�jM7". -i t' :,.yam -t• i��'IltpttT'; ..r.,.r..+-- "'�+. •- �...^�""„" ena Y• ''.r1N`` 1� •,wy � . �'�j!" +ii ::cam .. ',.� .a..,....,_ i .tl4 ..Yp ,•j. � .;r>iak��Y, f '. r^"x. w�ir�"�ns'-'�+wi�a�•-+z.; :ter.-';-_t�^_....•-,.+.�»A. ' RUN=. to e..:,• . -..� Y iv__ ; .. j y yr s$., � .. —". .. •r � � alP v� t W• • 4 �F sg",y� ' fC1i sdrlq�,-1C,�, • rs . I .•+� 3 r.. }ip VONVA4,41 3+i+ rot i T •'4, ky',� ! 5j{ �q y V 3 i G N� � d `1 }3 1./. 3 • s XXX JF`r •' t A 6 •+M+T R J Y r .ti r yr,nt