HomeMy WebLinkAboutResolution - 2023-R0115 - MOU with Lubbock Experience for Civic Park ConstructionResolution No. 2023-RO115
Item No. 6.2
March 7, 2023
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve a Memorandum
of Understanding, Agreement No. 17191, by and between the City and Lubbock Experience,
Inc. (LEI) for the transfer of grant funds to LEI to construct the Civic Park in Downtown
Lubbock, and related documents. Said Memorandum of Understanding 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 the 7th day of March , 2023.
TRAY PA AYOR
ATTEST:
Courtney Paz, Interim City Se etary
APPROVED AS TO CONTENT:
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D. lu Ko telich, Chieltrlimincial Officer
�9WtZ01, ?A9101M."0 Wei EON.-
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elli Leisure, Senior Assistant City Attorney
ccdocs://Res.MOU__ civic park grant funds to LEI
2.27.23
Resolution No. 2023-R0115
STATE OF TEXAS
COUNTY OF LUBBOCK
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF LUBBOCK AND LUBBOCK EXPERIENCE, INC.
This Memorandum of Understanding (the "MOU"), Agreement No. 17191 is made on this
7th day of March , 2023, by and between the City of Lubbock ("City") and Lubbock
Experience, Inc. ("LEI"), of Lubbock, Texas for a transfer of funds for the construction of the
Civic Park ("the Park"), to be located at 1301 Broadway as determined by the Lubbock City
Council.
WHEREAS, the City has received and accepted grant funds from the Helen Jones
Foundation for the construction of the Park as follows:
• $500,000.00 on July 26,2022 through Resolution No. 2022-R0315; and
• $500,000.00 on August 23, 2022 through Resolution No. 2022-R0368; and
WHEREAS, the City desires to transfer the grant funds totaling one million dollars
($1,000,000.00) to LEI which shall be responsible for the construction and construction oversight
of the Park, as agreed by the Parties on April 26, 2022 and passed by Resolution No. 2022-R0209.
NOW, THEREFORE, the City and LEI agree to the terms of this Memorandum of Understanding:
1. TERM OF MEMORANDUM OF UNDERSTANDING
This MOU will be in effect from the date of execution of this document until the
fundraising for the Park is complete.
2. CITY RESPONSIBILITIES
The City shall transfer grant funds to LEI at an amount not to exceed one million and
NO/ 100 ($1,000,000.00) for the construction of the Park.
3. LUBBOCK EXPERIENCE, INC.
LEI shall use the transferred funds herein to pay for the construction and construction
oversight of the Park.
4. NO LIABILITY
No liability will arise or be assumed between the parties as a result of this Agreement. All
parties to this document will act in good faith to achieve the goals of the Agreement in a
reasonable time frame. This Agreement is a good faith expression of the intent of the
Parties.
5. NO JOINT ENTERPRISE
This Agreement is not intended to, and shall not be construed to, create any joint enterprise
between or among the Parties.
6. 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.
7. TERMINATION
Any Party may terminate this Agreement, for any reason or convenience, upon sixty (60)
days written notice to the other Parties. In the event of termination, LEI shall immediately
return any unspent funds upon notice of termination to the City.
This document represents the mutual understanding of both the City and LEI.
The City of Lubbock
EST:
JAII& C -
Cbdrtney Paz, IntJrlm City Secretary
APPROVED AS TO CONTENT:
f
B ost ch, Chief Financial Officer
Lubbock Experience, Inc.
*Johnbome, President
APPROVED AS TO FORM:
14W
lli Leisure, Senior Assistant City Attorney