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HomeMy WebLinkAboutResolution - 3668 - Cooperative Agreement- Lubbock Lakeside Foundation Inc- Exhibits, Lake Landmark - 07_25_1991Resolution No. 3668 July 25, 1991 Item #16 LLC:js 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 Cooperative Agreement with the Lubbock Lakeside Foundation, Inc. for a $100,000.00 con- tribution by the City to the Foundation toward the creation of a sculpture exhibit at the Lubbock Lake Landmark. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be in- cluded in the minutes of the Council. by the City Council this 25th day of July , 1991. II i ATTEST:_" _ an to Boyd, City Secretary "•� APPROVED AS TO CONTENT: to armon, Assistant City Manager — APPROVED AS TO FORM: Linda L. Chamales, Assistant City Attorney Resolution No. 3668 July 25, 1991 Item #16 LLC:da THE STATE OF TEXAS COUNTY OF LUBBOCK COOPERATIVE AGREEMENT This Agreement is made and entered into by and between the City of Lubbock, hereinafter referred to as the "City," and The Lubbock Lakesite Foundation, a Texas nonprofit corporation, here- inafter referred to as the "Foundation," all acting herein by and through their duly authorized officers and officials under the following terms and conditions: WHEREAS, it is in the best interest of the citizens of the City of Lubbock to enhance visitor enjoyment and public awareness of the Lubbock Lake Landmark; and WHEREAS, visitor enjoyment, public awareness and educational processes will be enhanced by the creation of life-size, techni- cally correct, bronze (or other suitable material) sculptures of four large animals inhabiting this area at the end of the last Ice Age; and WHEREAS, the City has heretofore agreed to participate in the funding required to obtain said sculptures and the Foundation has heretofore made a funding request, including acceptance of respon- sibility for the design, selection of artist or artists, selection of a foundry, and general overseeing of the project; and WHEREAS, funding of such projects is authorized by Sections 351.101 and 351.103 of the Tax Code; NOW THEREFORE: WITNESSETH: The parties hereto mutually agree that such financial assis- tance shall be provided and accepted upon the following terms and conditions, to -wit: 1. Contribution. The City shall contribute a total sum of not more than $100,000.00 to the Foundation to be used in connec- tion with this project. This sum will be paid in increments to the foundation upon receipt of invoices for expenditures necessary to complete the exhibit(s) for which City funds are being expended. Such payments shall be made within ten (10) days of receipt of an invoice. Payment of such invoices shall be subject to the contingencies contained herein. 2. Duties of Foundation. The Foundation shall be responsi- ble for the following matters: (A) Obtaining sufficient funding to complete that portion of the project for which City funds are being expended within three (3) years of the effective date of this Agreement. (B) Research and development of specifications of the spe- cific anatomical features that would be used by the artist(s) for the exhibits. (C) Selection of the artist(s), including identification of candidate artists with demonstrated skills in this type of work, acceptance of models meeting specifications, and contracting for the art work. (D) Selection of the foundry and materials to be used for the sculpture. (E) Selection of the sites for the sculptures and integration of the site with the overall master plan of the Texas Parks and Wildlife Department. (F) Overseeing installation with coordination between the artist, the foundry and Texas Parks and Wildlife Depart- ment. (G) Development and printing of promotional brochures on the project. 3. Indemnification. The parties hereto agree to be respon- sible for the actions of their own members, agents or employees and to hold the other party harmless from any claims, damages or lia- bility of any nature whatsoever stemming from activities of its members, agents or employees undertaken pursuant to this Agreement. 4. Termination. This Agreement may be terminated by the City for violation of the terms of the Agreement. Written notice of each violation shall be mailed to the Foundation by certified mail. In the event Foundation fails to correct the listed viola- tions within thirty (30) days, City may give written notice that the Agreement has been terminated. Following delivery of the Notice of Termination, City shall have no further liability for payments to the Foundation. 5. Condition Precedent. No payments shall be made and this Agreement shall not be effective prior to October 1, 1991. 6. No Privity of Endeavor. It is specifically agreed that there shall be no privity of endeavor whatsoever between the City and the Foundation and that the sole connection between them is the contribution of money and the provision of services under the restricted conditions stated herein set forth and that such con- tribution and services are for the sole purpose set forth herein, and it shall in no way be construed as a continuing basis for financial support. 7. Entire Agreement. This instrument constitutes the entire Agreement between the parties hereto, and this instrument may only be altered, changed or amended by written agreement of the parties. EXECUTED in multiple counterparts, each of which is an origi- nal, this 25th day of July , 1991. LUBBO LAKESITE �DAT)ION: CITY OF LUBBOCK: GARY EDSON PRESIDENT . C. Mc I N, MAYOR ATTEST: ATTEST: yr - Morris E. Wilkes, Secretary Ran tte Boyd, City Secretary APPROVED AS TO CONTENT: �& lle52X�� Rita Ha on Assistant City Manager APPROVED AS TO FORM: Linda L. Chamales Assistant City Attorney - 2 -