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HomeMy WebLinkAboutResolution - 2019-R0388 - Accepting Land And Statue Of C.B. _Stubb_ Stubblefield From Lbk Arts Alliance - 10_22_2019Resolution No. 2019-RO388 Item No. 6.8 October 22, 2019 RESOLUTION WHEREAS, the Lubbock Arts Alliance, Inc., a Texas Not-For-Profit Corporation, is the owner of certain real property located at 108 East Broadway Street in Lubbock County, Texas(the"Land"); and WHEREAS, the Land was the former site of Stubb's BBQ restaurant, originally owned and operated by C.B. "Stubb"Stubblefield; and WHEREAS, Stubb's BBQ restaurant became well-known during the 1970's and 1980's for hosting famous musicians such as Willie Nelson, Johnny Cash, Muddy Waters, Tom T. Hall, B. B. King, and George Thorogood and the Flatlanders; and WHEREAS, the Land is now the site of the larger-than-life bronze statue of Stubb the"Statue"),created by nationally-renowned artist, Terry Allen; and WHEREAS, the City of Lubbock, a home-rule municipal corporation, operates and manages a vast public art collection for the cultural benefit and enrichment of its citizens; and WHEREAS, the Lubbock Arts Alliance wishes to donate the Land and the Statue to the City of Lubbock for culture preservation; and WHEREAS, the City wishes to accept and maintain the Land and the Statue in order to carry out a public purpose that benefits the public interest and provides cultural enrichment and historical preservation to the citizens of the City of Lubbock;NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to accept for and on behalf of the City of Lubbock, a Warranty Deed and Assignment associated with certain property located at 108 East Broadway Street, Lubbock County, Texas, owned by the Lubbock Arts Alliance, Inc., a Texas Not-For-Profit Corporation, and all related documents. Said Warranty Deed and Assignment are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council;and Passed by the City Council on October 22 ?019 DANIEL M. POPE, MAYOR ATTEST: ebe ca Garza, City Secret)ecr ary APPROVED AS TO CONTENT: 0 Brooke Witcher, Assistant City Manager APPROVED AS TO 1=ORM: RyVBr 1<e, Assistant City Attorney RIS.Warranty Deed&Assignment Stubb's Memorial 6.24.19 Resolution No. 2019-RO388 ASSIGNMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK The Lubbock Arts Alliance, Inc. (hereinafter "LAA"), in consideration of TEN AND NO/100 DOLLARS ($10.00)and other good and valuable consideration,the receipt and sufficiency which are hereby expressly acknowledged,by means of this instrument grants and conveys to the City of Lubbock (hereinafter"City") all right, title, and interest that LAA may have in the statue of C.B. Stubb" Stubblefield pursuant to that certain contract executed by Terry Allen (hereinafter Allen") and the LAA on the 270' day of August, 1999, a copy of which is attached to this Assignment as Exhibit A. This assignment is made subject to the following terms: 1. WARRANTY.The LAA expressly warrants that it has good title to the property conveyed by this Assignment (the "Property"), and that the Property is free from prior encumbrances of any nature or kind. The LAA further warrants that the Property conveyed by this Assignment is in good condition and able to perform the functions for which it is designed. 2. EXISTING LIABILITIES. This assignment is subject to an existing obligation of the copyright to said physical structure in favor of Allen, his heirs and assigns. This assignment is further subject to the following existing obligations: i. The physical sculpture may not be removed and/or relocated without the consent of Allen, his heirs or assigns, which shall not be unreasonably withheld. In the event said consent to removal or relocation is not given,the ownership of the physical sculpture shall revert to Allen, his heirs or assigns. ii. Said physical sculpture is to be considered "unique" and "one of a kind" and shall not be reproduced for commercial use by any means other than through photographs,drawings and paintings, without the express written permission of Allen, his hears or assigns with the exception that the LAA,its successors and assigns shall be allowed to use the image in any form for promotional and/or publicity purposes of either the LAA, its successors and assigns or the Stubb Memorial. iii. The LAA, its successors or assigns shall be allowed to reproduce said statue via the above methods for use on T-shirts, posters, cups, headgear, and similar "souvenir" type items,so long as any profits received by LAA,its successors or assigns,for said items shall be used solely for the care,upkeep, maintenance and improvement of the Stubb Memorial Site. iv. In no event shall any party hereto, their heirs, successors or assigns, reproduce said physical sculpture in metal, ceramic, wood or other "hard" medium for sale as reproductions,either full size or miniature,without the express written permission of Allen, his heirs or assigns. v. Non-compliance with the provisions pursuant to that certain contract executed by Allen and the LAA on the 27`x' day of August, 1999, a copy of which is attached to this Assignment as Exhibit A, shall result in reversion of ownership from the LAA, its successors or assigns to Allen, his heirs or assigns. The LAA and the City agree that the LAA shall snake all payinents due to Allen, his heirs and assigns under the terms of that contract. The LAA and the City further agree that the LAA shall indemnify the City for all payments that may become due from the City to Allen, his heirs and assigns under the terms of that contract after the date of this Assignment. 3. INDEMNITIES.The LAA agrees to indemnify the City for any liability to third parties arising out of or in connection with the operation of the Property. No indemnities of any nature or kind run from the LAA to the City in connection with this Assignment. 4. BINDING EFFECT. This Assignment, and all of its terms and conditions, are binding on the LAA and its successors and assigns, and on the City and its successors and assigns. SIGNED AND DELIVERED this 22nd clay of October, 2019. ASSIGNEE: ASSIGNOR: CITY OF LUBBOCK LUBBOCK ARTS ALLIANCE, INC. fDANIELM. PUPE, MAYOR ELIZ BETH GRIGSBY, EXECUTIVE DIRECTOR ATTEST: 4,1 Reb cc Garza, City Secret ry APPROVED AS TO CONTENT: Brooke Witcher, Assistant City Manager APPROVED AS TO FORM: 211 Rya ro e, Assistant City Attorney STATE OF TEXAS COUNTY OF LUBBOCK s This instrument was acknowledged before me on this 'Q" day of OA6—, 2019 by Elizabeth Grigsby, Executive Director of the Lubbock Arts Alliance, Inc. P Q QXM, PETRE RAW Notary Public, State of Texas Notary Public,State of Texas My commission expires: '— 2-OZ2- Notary IN 131764937 My Commission Expires 10.18.2022 EXHIBIT A AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK THIS AGREEMENT MADE AND ENTERED INTO THIS theday of _ N kcq- 1999, by and between TERRY ALLEN, Route 10,Box 86-C, West Alameda Street, Santa Fe, New Mexico 87501 (hereinafter"Allen'), and the LUBBOCK ART'S ALLIANCE, INC.,2109 Broadway,Lubbock,Texas 79401, its successors and assigns(hereinafter LAA"), on the following terms and conditions: I. ALLEN is creator of that certain sculpture entitled STUBB, to be permanently installed at 108 E. Broadway,Lubbock, Lubbock County,Texas which shall be known as the Stubb Memorial Site. Il. ALLEN hereby transfers ownership of the physical sculpture to LAA; reserving, however, unto ALLEN, his heirs and assigns, in perpetuity, the copyright to said physical sculpture. 1[. The grant of ownership of-the physical sculpture from ALLEN to LAA is expressly made subject to the following: 1. The physical sculpture may not be removed and/or relocated without the consent of ALLEN, his heirs or assigns,which shall not be unreasonably withheld. In the event said consent to removal or relocation is not given, the ownership of the physic:aI sculpture shall revert to ALLEN, his heirs or assigns. Agreement-Stubb Memorial ALLENAAA page I 2. Said physical sculpture is to be considered"unique"and"one of kind"and shall not be reproduced for commercial use by any means other than through photographs, drawings and paintings, without the express written permission of ALLEN, his heirs or assigns, with the exception that the LAA, its successors and assigns shall be allowed to use the image in any form for promotional and/or publicity purposes of either the LAA or the Stubb Memorial. 3. The LAA,its heirs or assigns,shall be allowed to reproduce said statue via the above methods for use on T-shirts, posters, cups, headgear, and similar "souvenir" type items, so long as any profits received by LAA for said items shall be used solely for the care, upkeep, maintenance and improvement of the Stubb Memorial Site. 4. In no event shall any party hereto, their heirs, successors or assigns, reproduce said physical sculpture in metal, ceramic, wood or other "hard" medium for sale as reproductions, either full size or miniature, without the express written permission of ALLEN, his heirs or assigns. 5. Non-compliance with the provisions set forth herein shall result in reversion of ownership from L.AA, its successors or assigns to ALLEN, his heirs or assigns. 1V. In addition to the transfer of ownership of the physical sculpture, ALLEN also agrees to transfer the original molds of the physical sculpture to LAA, its successors or assigns, under the foregoing terms and conditions: LAA shall assume full liability and responsiblity for the physical sculpture once it is installed at the Stubb Memorial Site and agrees to indemnify and hold harmless ALLEN, his heirs or assigns, for damages,injuries, or any claims whatsoever incurred by any party while on the premises of the Stubb Memorial Site. V. This shall sct out the entire agreement of the parties and may not he amended except in Agreement-Stubb Memorial ALLE'NA AA page 2 CooiHei' iilino tAij K'^lu !)( I '1 Resolution No. 2019-R0388 201904275:3 e pgs deed NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED DATE: 22nd October, 2019 GRANTOR: Lubbock Arts Alliance, Inc. GRANTOR'S MAILING ADDRESS: 1500 Broadway, Suite 1202 Lubbock, Lubbock County, Texas 79401 GRANTEE: City of Lubbock, Texas, a Texas Municipal Corporation GRANTEE'S MAILING ADDRESS: P.O. Box 2000 Lubbock, Lubbock County, Texas 79457 CONSIDERATION: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged. PROPERTY (including any improvements): The property that is commonly described 108 E. Broadway, Lubbock, Lubbock County, 79403, and being further described as the West 32.00' of Lot 13, Block 9, Gilliland Subdivision of Block 9, Wheelock Addition to the City of Lubbock, Lubbock County, Texas, and 823.6 square foot tract located in Section 3, Block O, Lubbock County, Texas according to the Map, Plat, and/or Dedication Deed thereof recorded in Volume 5935, Page 1, Instrument No. 1998-26441 of the Deed Records of Lubbock County, Texas, together with improvements to the Property (the "Improvements"), and the personal property and fixtures associated with the Property (the "Personal Property"). RESERVATIONS FROM CONVEYANCE: This conveyance is subject to all effective covenants, conditions, restrictions, mineral reservations, oil, gas and mineral leases, right-of-way and easements of record in the records of the County Clerk of Lubbock County, Texas, and all of General Warranty Deed - LAA Stubbs Memorial to City of Lubbock | 1 those visible of apparent upon the ground, and in use. This conveyance is also subject to the restrictions on reproducing the likeness of C.B. "Stubb" Stubblefield stated in the Agreement of August 27, 1999 attached hereto as Exhibit"A." EXCEPTIONS TO CONVEYANCE AND WARRANTY: None GENERAL WARRANTY: Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When die context requires,singular nouns and pronouns include the plural. SIGNATURES FOR THE GRANTOR: 4e/X& /Lli Elizalgeth Grigsby,Exeeu rve rector- ACKNOWLEDGMENTS FOR GRANTOR STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on this 4 day of October, 2019, by Elizabeth Grigsby, Executive Director,on behalf of the Lubbock Arts Alliance, Inc. PETRE RACU Notary Public, State of Texas Notary Publib,State of Texas My commission expires: o—a ZOZZ Notary IN 13176493.7 My Commission Expires 10-182022 General Warranty Deed—LAA Stubbs Memorial to City of Lubbock 12 EXHIBIT A AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK THIS AGREEMENT MADE AND ENTERED INTO THIS the_± day of — N- `A t5 A— , 1999, by and between TERRY ALLEN, Route 10, Box 86-C, West Alameda Street, Santa Fe, New Mexico 87501 (hereinafter"Allen"), and the LUBBOCK ARTS ALLIANCE,INC.,2109 Broadway,Lubbock,Texas 79401, its successors and assigns(hereinafter LAA"), on the following terms and conditions: 1. ALLEN is creator of that certain sculpture entitled STUBB, to be permanently installed at 108 E.Broadway, Lubbock, Lubbock County,Texas which shall be known as the Stubb Memorial Site. II. ALLEN hereby transfers ownership of the physical sculpture to LAA; reserving, however, unto ALLEN, his heirs and assigns, in perpetuity, the copyright to said physical sculpture. 1[I. The grant of ownership of the physical sculpture from ALLEN to LAA is expressly made subject to the following: 1. The physical sculpture may not be removed and/or relocated without the consent of ALLEN, his heirs or assigns,which shall not be unreasonably withheld. In the event said consent to removal or relocation is not given, the ownership of the physical sculpture shall revert to ALLEN, his heirs or assigns. Agreement-Stubb Memorial ALLEN/LM page 1 0 ; ! G1NAL_. f 2. Said physical sculpture is to be considered"unique"and"one of a kind"and shall not be reproduced for commercial use by any means other than through photographs, drawings and paintings,without the express written permission of ALLEN,his heirs or assigns, with the exception that the LAA, its successors and assigns shall be allowed to use the image in any form for promotional and/or publicity purposes of either the LAA or the Stubb Memorial. 3. The LAA,its heirs or assigns,shall be allowed to reproduce said statue via the above methods for use on T-shirts, posters, cups, headgear, and similar "souvenir" type items, so long as any profits received by LAA for said items shall be used solely for the care, upkeep, maintenance and improvement of the Stubb Memorial Site. 4. In no event shall any party hereto, their heirs, successors or assigns, reproduce said physical sculpture in metal, ceramic, wood or other "hard" medium for sale as reproductions, either full size or miniature, without the express written permission of ALLEN, his heirs or assigns. 5. Non-compliance with the provisions set forth herein shall result in reversion of ownership from LAA, its successors or assigns to ALLEN, his heirs or assigns. 1V. In addition to the transfer of ownership of the physical sculpture, ALLEN also agrees to transfer the original molds of the physical sculpture to LAA, its successors or assigns, under the foregoing terms and conditions: LAA shall assume full liability and responsiblity for the physical sculpture once it is installed at the Stubb Memorial Site and agrees to indemnify and hold harmless ALLEN, his heirs or assigns,for damages, injuries,or any claims whatsoever incurred by any party while on the premises of the Stubb Memorial Site. V. This shall set out the entire agreement of the parties and may not be amended except in Aga•eement-Stubb Memorial ALLEN/LAA page 2 writing with the consent of all parties hereto. EXECUTED this day of kC QS T , ]999. Terryem Lubbock Arts Alliance, Inc. Agreement-Stubb Memorial ALLEN/LAA page 3 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion, County Clerk Lubbock County, TEXAS 10/31/201:3 03:34 PM FEE: $42 .00 2019042753