HomeMy WebLinkAboutResolution - 3868 - Agreement - LMAF Inc - Development, Clapp & Mcalsiter Parks - 04_23_1992Resolution No. .3868
April 23, 1992
Item #18
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 an Agreement with
Lubbock Memorial Arboretum Foundation, Inc. for the development and mainte-
nance of an Arboretum and Botanical Garden in K. N. Clapp Park and Bill
McAlister Park, which includes a Lease and Concessionaire Agreement for the
development of an Interpretive Center for the Arboretum and Botanical Garden
at K. N. Clapp Park. 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 23rd day of April , 1992.
ST:
anettle Boyd, City Secretary
PPROVED AJ TO CONTFNT:
sborn, UVrMctor of Parks
ation
PPROVED AS TO FORM:
in a L. Chamales, Assistant City
ttorney
RES/D2-Agenda
Resolution No. 3868
April 23, 1992
Item #18
STATE OF TEXAS §
COUNTY OF LUBBOCK §
AGREEMENT
WHEREAS, the CITY OF LUBBOCK, TEXAS, ("City"), a home rule
municipality located in Lubbock County, Texas, desires to provide
a unique educational park experience in cooperation with the
LUBBOCK MEMORIAL ARBORETUM FOUNDATION, INC. ("Foundation") in the
form of an ARBORETUM AND BOTANICAL GARDEN ("Arboretum") for the
citizens of Lubbock; and
WHEREAS, the Lubbock Memorial Arboretum Foundation, Inc., a
Texas nonprofit corporation, was organized in the public interest
for the purpose of establishing, maintaining, promoting and
operating an Arboretum for the benefit of the public and its
members; and
WHEREAS, the Foundation has the ability and expertise to
cooperate with the City in developing the Arboretum and to
provide programs and services for the benefit and enjoyment of
all the citizens of the City of Lubbock, as well as the citizens
of the State of Texas; and
WHEREAS, City has designated a portion of K. N. Clapp Park
and a portion of Bill McAlister Park to be developed as an
Arboretum and Botanical Garden under the general control and
supervision of City; and
WHEREAS, the City has experienced difficulties in
maintaining the area which has been designated as an arboretum in
the past, so that a need exists to clearly delineate and fence a
portion of the area in K. N. Clapp Park and all the area in
McAlister Parr to be further developed as an arboretum; and
WHEREAS,,Foundation has worked with City for several years
in the continuing development and educational promotion of this
site as an Arboretum, and City wishes to commend Foundation's
efforts to date; and
WHEREAS, both parties deem it to be in their best interests
to enter into a new agreement; and
WHEREAS, Foundation has indicated to City a desire to
develop, in cooperation with City, programs and activities in a
City -owned facility to be known as an Interpretive Center, which
would be designated to give the citizens of Lubbock and other
visitors greater access to and enjoyment of the Arboretum;
NOW THEREFORE, this Agreement is made between the CITY OF
LUBBOCK and LUBBOCK MEMORIAL ARBORETUM FOUNDATION, INC. to
further the continuing development of an ARBORETUM AND BOTANICAL
GARDEN on a portion of K. N. Clapp Park, Lubbock, Texas,
described in Exhibit A, and to initiate development of an
arboretum and botanical garden on a portion of Bill McAlister
Park, Lubbock, Texas, described in Exhibit B, attached and
incorporated herein as if fully set forth.
ARTICLE I
PURPOSE: This Agreement establishes a framework in which
the City in cooperation with the Foundation may promote the
public interest and enjoyment of horticulture, plant sciences and
landscaping; conservation of natural resources, beautification of
the City with horticultural improvement and the research and
development of semi -arid landscape plantings. The basic purposes
of the Arboretum include, but are not necessarily limited to, the
following:
(a) To provide a unique park area of plant and landscape
displays for the benefit and enjoyment of the public.
(b) To collect and maintain woody plant materials for
scientific study and public exhibition.
(c) To provide an educational experience at all levels for
all interested citizens.
(d) To provide a focal point for the activities of all
citizens engaged in like enterprises.
ARTICLE II
MANAGEMENT AND OPERATION: In recognition of the
complexities of managing and operating an Arboretum and the
resultant need for specialized, professional expertise, the
responsibilities of the Foundation and the City are provided
below:
A. Responsibilities of the Foundation: The Foundation agrees
to:
1. Continue the development of the Arboretum as outlined
in the goals and objectives document specified in
Exhibit C.
- 2 -
2. Within one year from the date of the Agreement,
undertake the revision of the Rucker master plan for
the Arboretum at K. N. Clapp Park, said revision will
be completed within two (2) years and submitted to the
Parks and Recreation Board for review and to the City
Council for approval. Within one year from the date of
the Agreement, undertake the preparation of a
preliminary master plan for the Arboretum at McAlister
Park, said plan will be completed within five (5) years
and submitted to the Parks and Recreation Board for
review and to the City Council for approval. In the
event the Foundation should fail to revise the Rucker
master plan and develop a preliminary master plan for
McAlister Park, the City, at its option, may terminate
this Agreement as described in Article X, Terms and
Termination, of this Agreement.
3. Include in its master plans, the development of the
Arboretum so that such facilities, located upon the
Arboretum, can be used by physically impaired persons
together with other fixtures and improvements necessary
to make the common areas at the Arboretum reasonably
accessible to and safe for use by physically impaired
persons.
4. Amend or update the plans, if necessary, to show future
additional improvements on the Arboretum sites and
furnish a copy of such amendment to the City of Lubbock
for approval.
5. Submit plans and specifications for development
projects included within the approved master plans to
the City of Lubbock for review prior to construction.
6. Cooperate with the Parks and Recreation Department in
reviewing and revising guidelines for the operation,
development, management and maintenance of the
Arboretum sites.
7. Submit proposed admission and reservation fee schedules
to the Parks and Recreation Board for review and to the
City Council for approval.
S. Expend for operations, development and maintenance of
the Arboretum, monies received from memorials,
honorariums, concessions, grants, membership dues,
gifts -in -kind and any other sources exclusive of
endowment provisions.
- 3 -
9. Provide the City with a copy of its Charter, Articles
of Incorporation, current By -Laws and any amendment to
these documents that may be adopted during the course
of this Agreement.
10. Provide funding for development of improvement projects
as plans for such work are approved and as funds are
available.
B. Responsibilities of the City: City agrees to provide:
1. Utilities for the Arboretum sites and Interpretive
center to include only water, sewer, garbage, gas and
electrical service.
2. Maintenance of the existing irrigation system,
completion of the separation of the current system
along fence lines to be completed by July 1, 1994 with
additions and updates to the system as needed within
budgeted funds.
3. Planting and maintenance responsibilities as developed
in the planting and maintenance guidelines in Exhibit
D.
4. Administrative assistance in the preparation of grant
applications.
5. Consideration of financial support request for
Arboretum development projects. Requests for such
support shall be submitted in writing to the Director
of Parks and Recreation no later than March 1st of each
year.
6. Overall operation, supervision and maintenance of park
property.
ARTICLE III
ACCESS OF THE ARBORETUM: Entrances to the K. N. Clapp and
McAlister Arboretum sites shall be open to the general public
within reasonable hours designated by the City with input from
the Foundation. The Foundation agrees that there shall be no
discrimination and that no citizen shall be prevented from
participating in any portion of any public program at the
Arboretum because of race, color, sex, religion, national origin,
physical handicap or disability. The City may establish and
enforce, after consultation and in cooperation with the
Foundation, any reasonable rules and regulations regarding
behavior of visitors to assure the well-being of the plants and
- 4 -
gardens, as well as the safety, comfort and quality of experience
for visitors to the premises. To the extent permitted by law,
the City, on consultation with Foundation, or on its own, may
exclude objectionable uses, or abusive or offensive person(s)
from all property subject to this Agreement. City and its
authorized officers, employees, agents and contractors shall have
the right to enter the Arboretum and Botanical Garden for any
reasonable purpose during normal working hours, and, where
necessary, at other times. In exercising this right, City will
make every effort to coordinate and cooperate with Foundation.
ARTICLE IV
SOLICITATION OF FUNDS BY THE FOUNDATION: It is agreed that
the Foundation shall solicit funds from various sources, includ-
ing memorials, honorariums, grants, membership dues, concessions
and gifts -in -kind or any other like sources. It is further
agreed, provided funds are available from the solicitation for
such proposes, said funds will be used to undertake certain
structural improvements within the Interpretative Center and
Arboretum as approved by the City so that the area described in
Exhibit A will be improved, developed and operated in such a
manner as to be enjoyable for the members of the general public.
The Foundation understands and agrees that all improvements,
which are permanently attached and considered fixtures, provided
by the Foundation become the property of the City of Lubbock.
The Foundation acknowledges without reservation that the City
holds title to all land and buildings on the Arboretum.
ARTICLE V
LIAISON COMMITTEE: A liaison committee shall be established
and shall meet at a minimum on a biannual basis. The committee
will consist of the Assistant City Manager for Public Safety and
Services, the Director of Parks and Recreation, the Superinten-
dent of Park Maintenance, the Foundation President and three
members of the Foundation.
Responsibilities of the committee are as follows:
a. Review achievement of goals and objectives of
development plans.
b. Review admission and reservation fees.
C. Review and recommend new goals and proposed projects.
d. Review guidelines for plantings and standards of
maintenance.
=&I=
e. Recommend updates of the Foundation and City
responsibilities.
f. Discuss Interpretive Center operations and programs.
g. Discuss Arboretum usage by the public.
h. Consider funding requests.
I. Develop presentations for Parks and Recreation Board
and/or City Council as needed.
J. Review and evaluate this Agreement to insure its
applicability to both City and Foundation.
k. Resolve conflicts regarding operational procedure or
scheduling of events.
ARTICLE VI
ADMISSION AND RESERVATION FEES: It is contemplated by City
and Foundation that upon substantial completion of the goals
identified in Exhibit C scheduled for the first two years, it may
be necessary for the City to establish admission fees in order to
provide revenue for development and maintenance of the Arboretum.
said admission fees, whether collected by the City or by the
Foundation, as well as all reservation fees charged at the
Arboretum, shall be placed in a special trust fund maintained and
administered by the City of Lubbock Parks and Recreation
Department in cooperation with the Foundation. Funds from this
trust fund, known as the Arboretum and Botanical Garden Special
Account, shall be used solely for operation, expansion or
improvement of the Arboretum. Admission fee schedules and
reservation fee schedules shall be determined by City in
cooperation with Foundation and approved by City Council. In the
event that volunteers from the Foundation are allowed to collect
admission fees or reservation fees as established by the City,
then such volunteers shall account on a daily basis for all such
funds collected to the Director of Parks and Recreation or his
designee.
ARTICLE VII
INTERPRETIVE CENTER: City and Foundation contemplate the
development of an Arboretum Interpretive Center in the building
located at 4111 University, Lubbock, Texas, which is the subject
of a lease between the parties which is attached hereto as
Exhibit E and incorporated herein.
- 6 -
A. Foundation Responsibilities and Privileges:
The Interpretive Center will provide a variety of
informative programs, activities and literature that will be
available for all levels of education and interest. The
Foundation and City will be afforded credit on all publicly
disseminated printed materials. Volunteers will be recruited
from the community and trained by the Foundation, to operate the
center and administer programs sponsored or promoted by the
Foundation. The Foundation will provide assistance to the public
on plant culture and provide tours and information, including but
not limited to, public schools, interested citizens and tourist
and convention delegates. An attractive and well managed
Arboretum and Interpretive Center will be beneficial to the
Foundation and public in providing a greater appreciation and
understanding of park related services in the City of Lubbock.
The Foundation will pay or cause to be paid all charges for
telephones used or to be used in connection with the leased
premises throughout the term of this Agreement or any extension
of the Agreement.
The Foundation will keep and maintain or cause to be kept
and maintained, the facility in a good state of appearance and
repair, limited to reasonable wear and tear, at the Foundation's
expense.
The Foundation agrees that all costs incurred to operate the
business affairs of the Interpretive Center are, and shall be,
the sole responsibility of the Foundation commencing at the
effective date of this Agreement.
It is further agreed that Foundation shall have no authority
to bind the City in any way or to incur any indebtedness or
liability on behalf of the City, or to place or permit the
placing of liens on City property.
ARTICLE VIII
INDEMNITY: Both parties agree to be responsible for the
actions of their own members, agents, volunteers and employees
and to hold the other party harmless from any damages, claims or
liability of any nature whatsoever stemming from their own
activities undertaken pursuant to this Agreement.
ARTICLE IX
INSURANCE: Foundation agrees to carry and maintain
Commercial General Liability Insurance in amount not less than
- 7 -
$500,000 per occurrence for bodily injury and property damage for
premises operations or products/completed operations with a
company licensed to do business in the State of Texas and to name
the City of Lubbock as an additional insured on said policy.
Foundation agrees to furnish evidence to City of continuation of
said policies on each yearly anniversary of this Agreement and
further agrees to notify City thirty (30) days prior to
cancellation or modification of said policy.
ARTICLE X
TERMS AND TERMINATION: The initial term of this Agreement
shall be for fifty (50) years beginning upon the date of adoption
hereof and may be extended for additional ten (10) year
increments by mutual agreement of both parties. The parties
hereby understand and agree that such terms may be modified by
consent of both parties hereto. This Agreement may be terminated
by mutual consent of the parties hereto or by twelve (12) months
prior written notice from either party to the other.
Should either party fail to meet the conditions of this
Agreement, then in such event, the concerned party shall specify
the deficiencies in writing, correction shall commence within
ninety (90) days by the appropriate party from the date of
receipt of such notice. If such deficiency is not corrected or
is not commenced to correct within ninety (90) days, this
Agreement may be terminated. Upon termination of this Agreement,
only plantings and improvements permanently attached or affixed
to the Arboretum and those donated pursuant to the Lease
Agreement in Exhibit E shall become the property of the City of
Lubbock.
ARTICLE XI
REVIEW: Foundation and City recognize that their roles,
functions and responsibilities may develop, grow and/or change
during the time period of this Agreement. For this reason,
Foundation and City shall continuously review and evaluate this
Agreement to insure its appropriateness and applicability. Each
year on or about the anniversary date, a formal review and
evaluation of this Agreement shall be conducted and a report of
findings and recommendations submitted for City Council action,
if appropriate.
ARTICLE XII
This Agreement was made and shall be construed in accordance
with the laws of the State of Texas.
ARTICLE XIII
SEVERABILITY: If any provision contained in this Agreement
shall, for any reason, be held to be invalid, illegal or
unenforceable in any respect, the invalidity shall not affect any
of the other provisions of the Agreement.
ARTICLE XIV
In addition, Foundation understands and agrees that this
Agreement is subject to the City's right of control over its
parks, and this Agreement shall always be interpreted
accordingly.
- 9 -
ACCEPTED AND AGREED To this 23rd day of April , 1992.
CITY OF LUBBOCK, TEXAS
BY: 'ef.
5. C . MCM N�A `OR
ATTEST:
Recreation
APPROVED AS TO FORM:
Linda Chamales, Assistant City
Attorney
LLC/da
INST-D-B/A-ARBRTM.doc
April 8, 1992
LUBBOCK MEMORIAL ARBORETUM
FOUNDATION, INC.
BY: A-r t
PRESIDEN
- 10 -
EXHIBIT A
Arboretum and Botanical Garden shall include all land enclosed by fencing and the Rose
Garden at the site known as K. N. Clapp Park, Section 'B", Blocks 10, 13, 14. 19, 20, 21,
and 22 out of platted subdivision: Alta Vista Acres, Crump Five -Acres Addition and B. C.
Wells Addition of the City of Lubbock, Lubbock County, Texas.
n rwa��
a
a
U
Z
Y
tLtYauwn
40
r
Legend:
u1Ca Arboretum and Botanical Garden enclosed area.
Arboretum and Botanical Garden K N. Clapp Park Site all shaded areas.
EXHIBIT B
A 103.7 acre tract in Section 35, Block A-K Lubbock, Texas. This Parcel being situated at
the west end of Bill McAlister Park at U.S. Highway 62-82 and Spur 327. The city will retain
the access for construction and maintenance of Milwaukee Avenue and the Right -Of -Way of
Milwauke Avenue
PRIVATE PROPERTY
03.7
Proposed Arboretum 8 Botanical Garden
PARK 8 ARBORETUM ACREAGES:
PRIVATE PROPERTY
ti
N
C7
CL
Cn
EXHIBIT C
Goals and Objectives
1. Define and establish the boundaries of the Arboretum by July 1, 1993.
2. Create an Arboretum Interpretive Center at 4111 University Avenue to
provide educational opportunities, activities, programs, and general
information for the public by July 1, 1994.
3. Survey, evaluate and eliminate existing plantings on the Arboretum
grounds at K. N. Clapp Park site that are determined to be inapplicable
in the updated master plan by July 1, 1994.
4. Complete revision of the Rucker and preliminary master plans of the
Arboretum sites to include location of planned gardens, special use
areas, common and public areas, and interpretive trails. The plans are
to be used as a guide for future development of the Arboretum sites and
are to be completed by July 1, 1997.
5. Develop and implement guided and self -guided tours for targeted groups
to include elementary, secondary and higher education classes, youth and
adult civic organizations, special interest groups, visitors, tourists,
and delegates, and the general public by July 1, 1994.
6. Recruit, select, and train a volunteer organization support group and
develop a program to coordinate and effectively manage their efforts by
July 1, 1994.
7. At the K. N. Clapp site, reconstruct existing gardens to include the Tea
Terrace and Japanese Gardens and the renovation and relocation of the
Western Garden by July 1, 19987, provided funds are available.
8. Develop gardens at the K. N. Clapp Park site for existing memorials
received to include the George A. Williams Garden and a Bob Hassell
planting by July 1, 1994, provided funds are available.
9. Develop a marketing and promotional program for the Arboretum
Interpretive Center to increase public awareness, support, and program
participation by July 1, 1994.
10. Develop a fund raising program to include the solicitation of funds for
Memorials, Honorariums, Grants, Membership Dues and Gifts-Inkind;
develop procedures for the effective management and distribution of
funds by July 1, 1994.
11. Assist representatives from the City with development of a
recommendation for renovation of the Playa Lake at Clapp Park by July 1,
1993.
12. Develop cooperative programs and coordinate activities with support
groups such as Garden Clubs, Audubon Society, etc. by July 1, 1993.
13. Develop a cooperative program to include an outdoor experience for area
colleges for students in Horticulture, Plant Science, and Landscape
Architecture and related fields by July 1, 1994.
14. Install a perimeter fence at the McAlister Arboretum site when funds are
available.
Goals and Objectives
Exhibit C - Page 2
EXHIBIT D
MAINTENANCE RESPONSIBILITIES OF ARBORETUM GROUNDS
CITY OF LUBBOCK
The Parks and Recreation Department shall furnish substantially the same type
of maintenance to the Arboretum grounds at both sites that it furnishes to
other Class A park areas.
Mowing -
All turf areas shall be mowed at "Class A" park
standards one time every four to seven days.
Edging -
All sidewalks and drainage channels shall be
edged as needed to prevent an overgrown
appearance.
String Trimming -
All fencing will be trimmed as necessary to
prevent unsightly plant growth. Pesticides,
excluding soil sterilants may be used if
determined to be more cost efficient. Areas
around trees and shrubs will not be trimmed to
avoid potential damage.
Litter -
Litter shall be removed around the fenced area
every two days and on the grounds one time every
four to seven days.
Fence -
Maintenance and repair of chain link fencing
shall be such to maintain an acceptable
appearance and insure security.
Irrigation -
The system will be maintained as needed to
insure operation is as desired. The system
should be checked every two weeks to identify
and avoid potential malfunctions.
Drinking Fountains -
Maintenance and repair of drinking fountains
shall be such to insure the operations as
desired.
Security Lights -
Maintenance and repair of security lights shall
be such to insure the operation is as desired.
Planting -
Trees and shrubs will be planted and staked at
the selected location. Three days prior notice
shall be required prior to the planting in order
to avoid scheduling conflicts.
Fertilizer - Applications of fertilizer shall be the same as
determined and scheduled for the park area.
This is normally scheduled three times per year.
Walks, Drives, Parking, Drainage - These concrete and asphalt areas shall be
maintained to insure the safety of the
user and to function as intended.
Pesticide Application - Pesticides shall be used consistent with
application to park areas for weed and insect
control.
LUBBOCK MEMORIAL ARBORETUM FOUNDATION
The Lubbock Memorial Arboretum Foundation shall furnish substantially the same
type of assistance at both sites.
Training -
The Foundation shall train maintenance employees
and volunteers as needed to insure appropriate
maintenance methods are conducted.
Color Programs -
The Foundation shall plan, plant and maintain
all colorbeds located on the Arboretum grounds.
Pruning -
The Foundation shall be responsible for pruning
of all trees and shrubs on the Arboretum
grounds.
Pesticides -
The Foundation may apply pesticides when needed
for control of weeds, insects, fungi or other
pest.
Fertilizers -
The Foundation may apply additional fertilizer
to trees, shrubs, colorbeds and gardens when
needed.
Other Features -
The Foundation shall maintain all special
features ie. interpretive signs, decorative
fencing, trellises, water features and other
special construction as need to project desired
appearance.
Maintenance Responsibilities of Arboretum Grounds
Exhibit D - Page 2
Resolution No. 3868
April 23, 1992
Item #18
EXHIBIT E
STATE OF TEXAS
COUNTY OF LUBBOCK
LEASE AND CONCESSIONAIRE AGREEMENT
WHEREAS, the CITY OF LUBBOCK, a home rule municipality,
(hereinafter referred to as Lessor) and the LUBBOCK MEMORIAL
ARBORETUM FOUNDATION, INC., a nonprofit corporation, (hereinafter
referred to as Lessee) have entered into an agreement to provide
a unique educational park experience in the form of an ARBORETUM
AND BOTANICAL GARDEN, located in K. N. Clapp Park for the
citizens of Lubbock; and
WHEREAS, the Lessee has indicated to Lessor a desire to
develop, in cooperation with Lessor, programs and activities in a
City -owned facility to be known as an Interpretive Center, which
would be designated to give the citizens of Lubbock and other
visitors greater access to and enjoyment of the Arboretum; and
WHEREAS, the services provided by the Lessee benefit
citizens of the City of Lubbock and constitute a valuable public
service; and
WHEREAS, the Lessee desires to operate a concession at the
Interpretive Center, the proceeds of which will be strictly to
benefit the above -mentioned Arboretum and Botanical Garden; and
WHEREAS, the City Council of the City of Lubbock hereby
declares the maintenance and operation of the Arboretum
Interpretive Center in the facilities herein leased to the Lessee
to be a park purpose;
NOW THEREFORE, for and in consideration of mutual covenants,
The City of Lubbock, Texas, and the Lubbock Memorial Arboretum
Foundation, Inc., entering into this Lease and Concessionaire
Agreement this 23rd day of April , 1992, hereby
agree as follows:
1. Property to be Leased: Lessor does hereby lease to
Lessee the building located at 4111 University on property
described as: Section B, Block 13, Alta Vista Subdivision, City
of Lubbock, Lubbock County, Texas, which is a portion of K. N.
Clapp Park.
2. Term of Lease: The term of this lease shall be for a
period of fifty (50) years from the date of execution and it may
be extended beyond the primary term for ten (10) year increments
by mutual agreement.
3. Termination of Lease: Lease may be terminated by
mutual agreement of the parties at any time. Lease may be
terminated by either party upon twelve (12) months' written
notice to the other party.
4. Purpose: This lease is granted for the purpose of
operating and maintaining an Interpretive Center for the citizens
of the City of Lubbock. This lease will be terminated upon the
property being used for other purposes. The Lessee shall provide
an annual activity report that the property is being used for
stated purposes. Such report shall be filed thirty (30) days
following the end of the Lessee's fiscal year and shall include
the hours of operation, a list of the programs and services
provided and the number of participants served.
5. Rental Charges: In consideration of the execution of
this lease, the Lessee agrees to pay to the Lessor the sum of
$4,500 per year for the term of this agreement less the value of
contributions by the Lessee as described in Lease Exhibit One
attached and other valuable considerations to wit: Operating and
maintaining an Interpretive Center to serve the needs of the
residents of the City of Lubbock, such residents being persons
who seek the services, activities, and programs provided by the
Foundation. The Foundation shall be responsible for normal wear
and tear and up keep of said property. Such rentals shall become
due and payable at the end of the first year after the execution
of this agreement and at the end of each year thereafter
throughout the terms of this lease. Representatives of Lessor
and Lessee shall meet within thirty (30) days of the end of each
year to determine what contributions have been provided by Lessee
and whether or not the agreed rental fee continues to be fair and
equitable in amount.
6. utilities: The Lessor shall provide, without charge to
the Lessee, all utilities to satisfy reasonable needs to operate
the facility, including water, gas, garbage, electricity and
sewer service. The Lessee shall provide and pay for telephone
services as needed to operate the facility. The Lessee shall,
consistent with the proper maintenance of the facility and safety
of the public, conserve utilities and energy use at the facility.
The Lessee shall submit to the Parks and Recreation Department
such reports of its energy conservation programs as may be
reasonably requested.
7. Maintenance: The Lessee shall, at its own cost and
expense, take good care of said property and fixtures, keeping
and maintaining them in good repair during the terms of this
- 2 -
lease, making all minor repairs and replacements to said
improvements, including all routine maintenance. The Lessee
shall make no structural improvements in or to the lease premises
without the consent of the Lessor in writing. Such improvements
shall become the property of the Lessor. Lessee agrees not to
place or permit the placing of liens for any indebtedness on said
property. At the termination of this lease, Lessee shall deliver
to Lessor the premises in as good condition as at the beginning
of the term, natural deterioration, depreciation and damage by
the elements being the only exceptions. At all times during the
term of this lease, Lessor shall have the right, to enter upon
the leased premises during reasonable business hours for the
purpose of examining and inspecting same and determining whether
Lessee has complied with all of its obligations. Lessor may
enter the leased premises at any time in the event of an
emergency.
8. Applicable Laws: The Lessee shall comply with all
ordinances of the City, laws of the State and Federal government
applicable to said premises and all other requirements enforced
by the departments of Health, Zoning, Solid Waste, Police and
Fire of the City.
9. Assignment: The Lessee shall not assign or sublet the
premises or any part thereof without the consent of the Lessor in
writing or permit any other person or organizations to occupy the
premises. This does not apply to the organizations that reserve
the premises for less than 72 hours for approved programs,
activities, etc.
10.Notice: Lessor and Lessee agree that any notice or
communication required or permitted hereunder shall be by first
class mail, postage prepaid or hand delivered as follows:
If to the Lessor:
Director of Parks and Recreation
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
If to the Lessee:
Lubbock Memorial Arboretum Foundation
P.O. Box 3492
Lubbock, Texas 79452
11. Concession: Lessor, grants to Lessee a non-exclusive
license and privilege to operate as an independent contractor, a
concession in a designated area of the leased premises
(Interpretive Center) located at 4111 University, Lubbock, Texas.
All items of merchandise sold and all prices to be charged
- 3 -
therefore shall be subject to the prior approval of the Parks and
Recreation Director for the City of Lubbock.
12. Term of Concession: This Concession shall run
concurrent with the lease of said property and shall terminate
upon termination or assignment of the lease. In addition, either
party may terminate the concession upon ninety (90) days written
notice to the other party.
13. Profits from. Concession: Lessee agrees that it will
hold all of its profits from said concessions for the benefit of
the public and that said funds will be deposited into a special
fund to be maintained by the Lubbock Memorial Arboretum
Foundation, Inc. (Lessee) to be used only for the operation,
expansion, or improvement of the Lubbock Arboretum and Botanical
Gardens and Interpretive Center located within K. N. Clapp Park.
Lessee -Concessionaire shall keep complete and accurate
records, books and accounts according to customary and accepted
business practices, and City or its representatives shall have
the right to examine and audit said records, books and accounts
at any reasonable time. Lessee -Concessionaire shall furnish the
Park and Recreation Director on or before the loth day of each
and every calendar month a sworn statement showing the amount of
all gross receipts derived from the Concession during the
preceding month. Lessee -Concessionaire shall furnish said Park
and Recreation Director a yearly audit of its books by a
certified public accountant, such report to be furnished within
ninety (90) days after the end of the fiscal year of Lessee -
Concessionaire.
14. Insurance: Foundation agrees to carry and maintain
Commercial General Liability Insurance in amount not less than
$500,000 per occurrence for bodily injury and property damage
resulting from premises operations or product/completed
operations with a company licensed to do business in the State of
Texas and to name the City of Lubbock as an additional insured on
said policy. Foundation agrees to furnish evidence to City of
continuation of said policies on each yearly anniversary of this
Agreement and further agrees to notify City thirty (30) days
prior to cancellation or modification of said policy. This
policy may be the same public liability policy referred to in
Article IX of the attached Agreement between Foundation and City
so long as the policy covers both the Arboretum grounds and the
Interpretive Center in the amounts required and names the City as
additional insured.
In addition, Lessee agrees to maintain fire extended
coverage and special extended coverage on the leased structure
continuously throughout the term of this lease, naming the City
as additional insured.
- 4 -
15. State Law: This lease agreement shall be construed
according to the laws of the State of Texas.
16. Beverability: If any provision contained in this Lease
shall, for any reason be held invalid, illegal or unenforceable
in any respect, the invalidity shall not affect any of the other
provisions of the Agreement.
ACCEPTED AND AGREED TO this 23rd day of April , 1992.
CITY OF LUBBOCK, TEXAS
BY:3'� r -'? C�
B. C. Mc I , MAYOR
ATTEST:
Rane to Boyd, City Secr ar
APPROVED AS --TO CONTENT:
Lee osborrY, Director of Parks and
Recreation
APPROVED AS TO FORM:
Linda Chamales, Assistant City
Attorney
LLC/da
INST-D-8/ARB-EXBE.doc
April 8, 1992
LUBBOCK MEMORIAL ARBORETUM
FOUNDATION, INC.
BY: �5.� ��Gcst-4 �Lt ✓�'^-_
PRESIDENT
- 5 -
LEASE EXHIBIT ONE
VALUE OF CONTRIBUTIONS MADE BY THE
LUBBOCK MEMORIAL ARBORETUM FOUNDATION, INC.
The following information is derived from tentative plans and the cost to fund
the projects are estimates.
Fencing
$25,000
This project consists of determining the exact location and contracting
the installation of a perimeter fence to enclose the Arboretum grounds
at K. N. Clapp Park site.
Completion Date: July 1, 1993
Fencing - Decorative
$10,000
This project consists of designing and installing a fencing display for
the area between the Garden and Arts Center and Interpretive Center as a
demonstration of various types of fencing that can be utilized in home
landscape design.
Completion Date: July 1, 1993
Georgia Williams Garden
$ 7,000
This garden is in memory of the late Mrs. Nat Williams who was a
founding member of the Foundation. The site is planned to be a "white
and green" garden with an elevated gazebo. Over $7,000 is available as
of late 1991 and between $20,000 and $40,000 may become available for
construction of the gazebo.
Completion Date: July, 1994
Bob Hassell Planting
$ 2,500
This planting is in memory of the late, Bob Hassell, a long time
Foundation board member. After consultation with the family, the
planting will be accomplished, possibly renovation of the formal garden.
Completion Date: July, 1994
Master Plan Preparation
$ 7,500
A preliminary master plan for the McAlister Arboretum site, including
the location of gardens, special use areas, public areas and paths, is
to be completed and used as a guide for future development of the
Arboretum.
Completion Date: July, 1997
Interpretive Center Furnishing
$ 2,500
Office furniture, bookcases and other items are to be purchased to
enhance the operation of the Interpretive Center.
Completion Date: July, 1994
Interpretive Center Landscaping $ 51000
Appropriate landscaping including trees, shrubs and color beds areas are
to be installed around the facility.
Completion Date: July, 1994
Literature
$ 3,000
Informative brochures, flyers and other literature is to be available
for distribution for visitors to the Arboretum and Interpretive Center.
Completion Date: July, 1994
Signage
$ 5,000
Directional and Interpretive signs are to be displayed throughout the
Arboretum grounds to aid the visitors with plant identification and
directions.
Completion Date: July, 1994
Plant Material
$ 7,500
Various types of plant material, including trees, shrubs and flowers for
color beds are installed throughout the year.
Completion Date: Continuous
Miscellaneous
$ 3,000
Soil amendments, additional fertilizer for specialized usage and
pesticides for insect and weed control will be applied as needed
throughout the year.
Completion Date: Continuous
Lease Exhibit One - Page 2