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HomeMy WebLinkAboutResolution - 2000-R0420 - Agreement Between City And Texas Tech Muncipal Auditorium-Coliseum & Jones - 11/27/2000Resolution No. 2000-R 0420 November 27, 2000 Item No. 14 RESOLUTION 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 execute for and on behalf of the City of Lubbock an Amendment to Operating Agreement with regard to the parking areas located between the Auditorium -Coliseum and Jones Stadium by and between the City and Texas Tech University System, a copy of which Amendment to Operating Agreement is attached hereto, and any associated documents, which Amendment to Operating Agreement shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 27th day of ATTEST: City Secretary VED AS TO CONTENT: ckJ � Tommy Gonz ez, Assi tant Oity Manager F"IND so, 11 EVnald G. Vandiver, First Assistant City Attorney Mres/ParkCon.res November 22, 2000 November , 2000. Wjz INDY SI ON, A Resolution No. 2000-R0420 November 27, 2000 Item No. 14 AMENDMENT TO OPERATING AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (hereinafter called "City") and Texas Tech University System, through its predecessor, Texas Technological College (hereinafter called "University") did heretofore on the 27th day of August, 1953, enter into an Agreement with regard to the operation of the Auditorium -Coliseum and the parking area around such buildings; and WHEREAS, the City and the University thereafter did amend said Agreement by entering into an Amendment to Operating Agreement on the 12"' day of January, 1978, with regard to operation and control of parking areas located between the Auditorium - Coliseum and Jones Stadium; and WHEREAS, the City and the University desire to replace the existing Amendment to Operating Agreement of January 12, 1978, with this new Amendment to Operating Agreement due to enlargement and remodeling of Jones Stadium and other changed circumstances; NOW THEREFORE: WITNESSETH: The parties hereby agree that the Operating Agreement of August 27, 1953, between the City and the University is hereby amended as follows and that the prior Amendment to Operating Agreement entered into by the University and the City on January 12, 1978, is hereby cancelled and superseded by this Amendment and shall be of no further force and effect: Paragraph No. 7, which relates to operation and control of the parking area between the Auditorium -Coliseum and Jones Stadium is hereby superseded by this Amendment for the original term of this Amendment and any extensions granted by mutual agreement of the parties hereto. 2. The University shall have the right to utilize certain portions of the parking area located between Jones Stadium and the Auditorium -Coliseum for non- permanent landscaping and other improvements as indicated on a plan attached hereto as Exhibit A. This parking lot shall be re -striped to maximize the number standard parking spaces available. In addition to re -striping the parking for the C-1 parking lot to maximize parking spaces, the University shall provide additional substitute parking in the C-5 parking lot and, to the extent necessary, the R-25 parking lot for all spaces lost because of the Jones Stadium renovations, landscaping and other non -permanent improvements, and displacement resulting from any necessary revisions to ingress and egress routing. The location of the replacement parking is indicated on a map or plan attached hereto as Exhibit B. Such replacement parking will be for the City's use during Auditorium -Coliseum events. The City or its lessees may charge the public for parking in the C-5 and R-25 parking lots on the same basis as it charges for the C-1 parking lot. The City agrees not to tow or otherwise remove commuter vehicles from the above -referenced lots. In the event that a vehicle or vehicles become a traffic problem on said parking lots by result of being disabled or improperly parked, the City may notify the University Police Department of such problem and request assistance with said vehicle or vehicles, which assistance shall not be unreasonably refused. 4. The City and the University hereby agree that the University may use certain portions of the parking area located between Jones Stadium and the Auditorium -Coliseum as shall be further designated on the plan attached hereto as Exhibit A. The University shall have the right to permit student, staff and faculty parking and the right to collect fees and enforce parking regulations relating to such parking on the areas indicated for such usage on Exhibit A. 5. The University shall pay to the City the sum of Thirty Eight Thousand Seven Hundred and Ninety Dollars ($38,790.00) dollars annually for such parking privileges and for the use of a portion of the parking lot for landscaping and other non -permanent improvements as indicated on Exhibit A. The fee shall be paid in equal quarterly monthly installments with the first installment due on January 1, 2001, and like payments to be paid on the first of every calendar quarter during the life of this Amendment and any extensions hereto. Provided however, in the event that the University increases the parking rates for such parking areas, the amount to be paid by the University to the City shall be increased in proportion to the increase in such parking rates per space. 6. The City agrees to maintain and repair the parking lot, other than those portions indicated on Exhibit A as being dedicated to landscape and other improvements related to Jones Stadium, in a reasonable and safe condition. 7. The Parties agree to continue working in good faith to develop a plan that will ensure that Texas Tech University officials and the City of Lubbock maximize accessibility and traffic flow in and around the C-1 parking lot. The plan shall provide equivalent ingress and egress to that which the City formerly had in the C-1 parking lot prior to the closing of Red Raider Avenue. The plan shall 2 include a south exit that is located east of the south exit that is located near the front of the Municipal Auditorium, such exit will provide access south then east to University Avenue. In addition, the plan will address minimizing the disruption of traffic resulting from the expansion of Jones Stadium and the construction Marsha Sharp Freeway and will be mutually agreed upon by the City of Lubbock and Texas Tech University. In addition, the parties will ensure that adequate handicapped parking will be available for all Auditorium - Coliseum events. 8. This amendment shall be in effect for a period of one (1) year commencing on the effective date of this Amendment and it shall continue year to year unless cancelled as provided herein. 9. Either party to this Amendment may cancel this agreement by giving ninety (90) days written notice to the other party. In the event of such cancellation, any landscaping or other impediments to parking not existing on the effective date of this Amendment shall be removed by the party who installed said items. In the event of cancellation or termination of this Amendment, then the provisions of Paragraph No. 7 of the original Operating Agreement shall become effective once more. 10. Any payments required to be made pursuant to this Amendment shall be made from current revenues available to the paying parry. This Amendment to Operating Agreement is executed by and between the University and the City this 27th day of November , 2000. TEXAS TECH UNWVRSITY CITY OF LUBBOCK: SYST B61 .. t' itle: �� 4 WINDY SITT N, MAYOR A -T-TEST: A A U Darnell, City Secretary AS TO CONTENT: Tommy G zalez, As�sista City Manager APPROVED AS TO FORM: &naldG. Vandiver, First Assistant City Attorney ddcon/OpAgAmend2.doe November 22, 2000