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HomeMy WebLinkAboutResolution - 2002-R0394 - License Agreement - The Friends Fo Legacy Play Village - 09/26/2002Resolution No. 2002-RO394 September 26, 2002 Item No. 50 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 License Agreement, between the City of Lubbock and The Friends of Legacy Play Village, Community Playground Corporation, for the purpose of constructing, maintaining and operating the Legacy Play Village and any associated documents. Said License Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of September , 2002. -*' erg' Z C MCDOTIGAL MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Randy ruesdell Parks and Recreation Manager APPROVED AS TO FORM: City cdoes' egacy Play Village.res September 20, 2002 Resolution No. 2002-80394 September 26, 2002 Item No. 50 LICENSE AGREEMENT This License Agreement (the "Agreement") is entered into on this 26th day of Sept. , 20_g between the City of Lubbock, Texas (the "City"), a Texas Home Rule Municipal Corporation, and The Friends of Legacy Play Village, Community Playground Corporation ("Friends"), a not for profit corporation acting by and through their duly authorized officers and officials. RECITALS WHEREAS, Friends desires to construct a community playground called "Legacy Play Village" (the "Project"); WHEREAS, it is the belief of the City and Junior League that the Project will provide recreational activities and opportunities to the residents of the City, and encourage tourism to the City; WHEREAS, the Friends of Legacy Play Village, Community Playground Corporation has been established to secure funds for the operation and maintenance of the Legacy Play Village; and WHEREAS, Friends desires to construct the project over and on that certain real property owned by the City described on Exhibit "A" attached hereto (the "Lands"); WHEREAS, the Friends of Legacy Play Village have set a goal to raise funds for the operation, maintenance, and long term care of the Legacy Play Village; NOW THERFORE: ARTICLE I License Section 1.01. License. In consideration of the mutual covenants and agreements of this Agreement, and of other good and valuable consideration, the City hereby grants, upon the terms and conditions set forth in this Agreement, a license on and over the Lands to Friends for the sole purpose of constructing, maintaining and operating the Project. Section 1.02. Term. The term of this license is twenty (20) years beginning on the date of the execution of this Agreement by the City, and ending on the twentieth anniversary of such date (the "Primary Term"), unless terminated sooner as provided in this Agreement. This Agreement shall terminate without further notice when the Primary Term expires, and Friends shall immediately vacate the Lands. Any holding over by Friends after that term expires, except as provided otherwise in this Agreement, shall not constitute a renewal of this Agreement, or provide Friends any rights whatsoever under this Agreement and/or to the Lands. ARTICLE II Improvements LICENSE AGREEMENT — The Friends of Legacy Play Village. Page 2 Section 2.01. Construction of Project. On or before October 1, 2002, Friends shall begin construction, or cause to begin construction, and begin Ideation upon the Lands, the Project. The Project shall include various playground equipment and other such play devices for the purpose of providing a recreational facility for active and passive play as well as demonstrating historical aspects of the Lubbock area. Section 2.02. Approval of Construction. No construction of any type or kind, including additions or alterations to existing structures or structures completed, or caused to be completed, by Friends and/or placement or location of improvements, including all matters described in this Article II, may be commenced, unless the plans, specifications and proposed location of such construction and/or location of improvements have received the City's, and if required by the City or by law, any other entities' or parties', including, but not limited to, the State of Texas, Texas Parks and Wildlife Department and Texas Historical Commission, prior written approval, as described below. Friends shall, at its own expense, engage a licensed architect or engineer to prepare plans and specifications for the construction, addition, location or alteration of any building or improvement. Friends shall submit a copy of detailed working drawings, plans and specifications to the City for its approval not less than thirty (30) days before such construction or location of improvements is scheduled to commence. The City, and any other parties having the right of approval, as described herein, shall review all plans submitted under this Section 2.02, and provide to Friends, in writing, any required changes or corrections that must be made, that the City, and any other parties having the right of approval, as described herein, may deem necessary, in their sole discretion. Any required changes or corrections shall be made and the plans LICENSE AGREEMENT — The Friends of Legacy Play Village. Page 3 resubmitted to the City, and any other parties having the right of approval, as described herein, prior to the commencement of such construction, addition or'alteration of any building or location of improvement. No such construction, addition or alteration of any building or location of improvement shall be commenced unless and until the plans are finally approved by the City and any other parties having the right of approval, as described herein. The failure to receive the approval described herein shall not excuse the performance by Friends of any activity or covenant described in this Agreement. Minor repairs and/or alterations necessary to maintain existing structures and improvements located upon the Lands in a useful state of repair and operation does not require submission and approval, as described herein. The City and/or any of the parties having the right of approval, as described herein, shall have the right at all times to observe any and all activities described in this Article H. Notwithstanding the approval by the City and/or any of the parties having the right of approval, as described herein, of any plans and specifications, and/or the observation rights of the City and/or any of the parties having the right of approval, as described herein, the City assumes no liability or responsibility for the architectural or engineering design or for any defect in any building or improvement constructed from such plans or specifications, nor shall such approval and/or observation relieve Friends from any or all of its obligations hereunder. All activities described in this Article 11 shall be at the sole cost and expense of Friends. Section 2.03. Sure Any and all contracts that Friends may enter into with third parties to participate in the construction and/or location of improvement activities LICENSE AGREEMENT — The Friends of Legacy Play Village. Page 4 contemplated by this Agreement shall contain the requirement that such third parties adequately bond their performance under said contract, naming the City as a co- beneficiary or co -secured. The original of said bonds are to be suitable in form to the City and submitted to the City prior to the commencement of any activities of any kind by such third parties. Section 2.04. Ownership of Buildings and Improvements. Any and all buildings, improvements, additions, alterations and fixtures constructed, placed, located and/or maintained on any part of the Lands during the term of this Agreement are considered part of the real property and must remain on the Lands and, subject to the terms of this Agreement, become property of the City, from and after the termination of this Agreement. Section 2.05. Removal of Improvements. Friends may, upon the termination of this Agreement, and only upon such event, remove the property not owned by the City, as set forth by law and/or Section 2.04, herein. Notwithstanding the right of removal granted herein, Friends shall repair any and all damage to any buildings. or improvements on the Lands resulting from such removal. Any and all of such items not removed by Friends on or before ten (10) days after the termination of this Agreement, shall, at the option of the City, either (i) become the property of the City; or (ii) be removed by the City at Friends' sole cost and expense. In the event the City shall elect to remove such property, the City shall owe no duty to protect such property, and shall in no event be liable to Friends for loss, damage or destruction of same. The City may dispose of any such property in any manner it desires in its sole discretion and retain any proceeds received therefor. LICENSE AGREEMENT — The Friends of Legacy Play Village. Page 5 ARTICLE III Operations of Friends Section 3.01. Securi . Friends shall take any and all actions necessary to prevent the entry of unauthorized persons in, on and/or over the Lands. Such actions shall include, but are not limited to, the installation and maintenance of lighting facilities to illuminate the Lands. Section 3.02. Access of Public. Entrances to the Lands shall be open to the general public within reasonable hours as designated by Friends and approved by the City. Friends shall not permit any discrimination in its operation of the Project because of race, color, sex, religion, national origin, physical handicap or disability. On or before thirty (30) days prior to allowing admission to the general public in, on or over the Lands, Friends shall submit to the City and/or the Parks and Recreation Board, or the successor to same, for approval, the proposed rules and regulations regarding admission to the Lands by the general public. The City and/or the Parks and Recreation Board, or the successor to same, shall review all of said rules and/or regulations. If the City and/or the Parks and Recreation Board, or the successor to same, shall disapprove, for any reason, in its sole discretion, of any such rule and/or regulation, the City and/or the Parks and Recreation Board, or the successor to same, shall provide to Friends its proposed new rule and/or regulation (the "New Rules"). In the event Friends and the City and/or the Parks and Recreation Board, or the successor to same, cannot agree on the terms of the rules and/or regulations, the terms of the New Rules shall apply. Section 3.03. Utilities. Friends shall be responsible for providing and/or furnishing all utilities to the Lands and any and all improvements located thereon and LICENSE AGREEMENT — The Friends of Legacy Play Village. Page 6 shall bear any and all expenses of any kind or nature for the providing of same to the Lands and the utilization of same in connection with the operation of the Project. Such utilities shall include, without limitation, water, telephone, electricity, gas, power, sewage disposal and rubbish removal. City will provide adequate notification of expected costs. Section 3.04. Taxes. Friends shall pay and discharge all charges, including without limitation, personal property taxes, gross receipts taxes, general and special assessments, and other charges of similar nature which may be levied or assessed against the Lands, the Project, and/or any activity contemplated by this Agreement, if any. Section 3.05. Prohibition on Encumbrance. Friends shall not encumber any interest in the license granted herein, the Lands, the improvements described herein, and/or this Agreement, in any way, manner or form, including, but not limited to, by deed of trust, mortgage or any other security instrument. Further, Friends shall not cause or permit any mechanic's liens or any other liens to be filed against the license granted herein, the Lands, the improvements described herein, and/or this Agreement by reason of any work, labor, services, or materials supplied and/or performed or claimed to have been supplied and/or performed to, by or for Friends or any contractors or subcontractors of Friends. Section 3.06. Right of Entr1L--City. Nothing contained in this Agreement shall be construed to prohibit, upon reasonable notice to Friends, the right of entry by the City, in, on, over and/or across the Lands, at any and all times, and for any and all purposes, and City expressly reserves the right to enter upon the Lands and any and all improvements located thereon, subject to the conditions stated herein, to conduct any and all activities LICENSE AGREEMENT — The Friends of Legacy Play Village. Page 7 the City deems necessary. Friends shall furnish to the City any and all keys and/or instructions necessary to allow the City's right of entry reserved and/or described herein. Section 3.07. Control of City. The City shall retain all authority placed in it which is non -delegable. No provision of this Agreement shall be construed as delegating any non -delegable right, power or duty of the City, and in the event of a conflict between this Section 3.07 and any other term or provision of this Agreement, this Section 3.07 shall control and such conflicting term or provision shall be void and of no force and effect. Section 3.08. Assistance by the City. The City, at its sole discretion, may provide assistance to Friends in the operation of the Project, from time to time, including, but not limited to providing certified playground inspectors to inspect the Project. Friends agree to reimburse the City any and all costs associated with the provision of said services. ARTICLE IV Operation Funds Section 4.01. Solicitation of Funds. Friends shall, during the effective term of this Agreement, utilize its best efforts to solicit funds from various sources, including, but not limited to, memorials, honorarians, grants, membership dues, concessions and gifts in kind, or any other like sources to be utilized in the creation, construction, operation and maintenance of the Project. Section 4.02 Accounting and Audits. Friends shall keep complete and accurate records, books and accounts according to customary and accepted business practices and generally accepted accounting principles, and the City shall have the right to examine and audit said records, books and accounts at any reasonable time. Friends shall furnish the LICENSE AGREEMENT — The Friends of Legacy Play Village. Page 8 City an annual audit of its books by a certified public accountant, such audit report to be furnished to the City on or before ninety (90) days after the end of each fiscal year of Friends. Section 4.03. Operation Funds. Friends shall at all times maintain adequate funding to operate, construct and maintain the Project in accordance with the terms hereof. Specifically, Friends agrees to maintain an account with an accredited financial institution as approved by the City in its sole and absolute discretion for the purpose of maintaining funds for the operation, maintenance and care of the Project (the "Account") during the term of this Agreement. Friends agrees that the all monies deposited into the Account and any and all interest accrued from said monies shall be used solely for the operation, maintenance, and care of the Project. Any and all monies, including any and all interest earned on same, remaining in the Account at the termination of this Agreement shall belong to the City, to be used by the City exclusively for the operation, maintenance, and care of the Project and the Lands. The annual audit required by Section 4.02, shall cover and include all aspects and actions of the matters set forth in this Article IV. ARTICLE V Maintenance and Repair Section 5.01. Maintenance and Du1y ttRepair. At all times during the term of this Agreement, Friends shall keep and maintain, or cause to be kept and maintained, all buildings, and improvements, including, but not limited to, playground equipment erected and/or located on the Lands, and the landscaping, including, but not limited to lawns, LICENSE AGREEMENT — The Friends of Legacy Play Village. Page 9 grasses, flowers and flower beds, shrubs and trees, in a good state of appearance and repair, to be determined by the City, in its sole discretion, at Friends" sole expense. Section 5.02. Damage or Destruction. If any building or improvement constructed and/or located on the Lands, including, but not limited to, the playground equipment, is damaged or destroyed by fire, vandalism, or any other casualty, regardless of the extent of the damage or destruction, Friends must, within twelve (12) months from the date of the damage or destruction, complete repair, reconstruction or replacement of the damaged or destroyed building or improvement to the original condition of such building or improvement. ARTICLE VI Insurance, Indemnity and Release Section 6.01. Indemnity and Release. FRIENDS SHALL INDEMNIFY AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE CITY, AND CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS OR LIABILITIES, OF ANY KIND OR NATURE, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACTIVITIES CONTEMPLATED HEREUNDER, OR THE OMISSION OF THE ACTIVITIES CONTEMPLATED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, LOSSES, DAMAGES, CLAIMS OR LIABILITIES ARISING FROM OR RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACT OR OMISSION OF THIRD PARTIES. FRIENDS FURTHER COVENANTS AND AGREES TO DEFEND ANY SUITS OR ADMINISTRATIVE PROCEEDINGS LICENSE AGREEMENT — The Friends of Legacy Play Village. Page 10 BROUGHT AGAINST THE CITY AND/OR THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS ON ACCOUNT OF ANY SUCH CLAIM, AND TO PAY OR DISCHARGE THE FULL AMOUNT OR OBLIGATION OF ANY SUCH CLAIM INCURRED BY, ACCRUING TO, OR IMPOSED ON THE CITY, OR THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE, RESULTING FROM ANY SUCH SUITS, CLAIMS, AND/OR ADMINISTRATIVE PROCEEDINGS OR ANY MATTERS RESULTING FROM THE SETTLEMENT OR RESOLUTION OF SAID SUITS, CLAIMS, AND/OR ADMINISTRATIVE PROCEEDINGS. IN ADDITION, FRIENDS SHALL PAY TO THE CITY, THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE, ALL ATTORNEYS' FEES INCURRED BY SUCH PARTIES IN ENFORCING FRIENDS' INDEMNITY IN THIS SECTION. THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, SHALL NOT BE LIABLE, AND FRIENDS HEREBY RELEASES THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FOR, FROM AND/OR AGAINST ANY LOSSES, DAMAGES, CLAIMS OR LIABILITIES TO FRIENDS, ON ANY THEORY OF LEGAL LIABILITY, INCLUDING, BUT NOT LIMITED TO THE NEGLIGENCE, OF ANY TYPE OF DEGREE, OR FAULT, OF THE CITY, ARISING FROM OR RELATED TO, IN ANY WAY, MANNER OF FORM, THE UNENFORCEABILITY OR VOIDANCE, FOR ANY REASON, OF ALL OR ANY PART OF THIS AGREEMENT. LICENSE AGREEMENT — The Friends of Legacy Play Village. Page 11 THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THE TERMINATION OR VOIDANCE OF THIS AGREEMENT. ' Section 6.02. Insurance. Friends shall procure and carry, at its sole cost and expense during the term of any construction of the Project, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the State of Texas, covering all foreseeable aspects and operations in connection with the construction contemplated under this Agreement, including, but not limited to, all aspects, operations and/or occurrences to which Friends has indemnified the City, as provided in Section 6.01 hereof. A Certificate of Insurance specifying each and all coverages shall be submitted to the City no later than fifteen (15) days prior to the commencement of construction activities. Friends shall provide to the City proof of the below -described insurance on or before fourteen (14) days prior to the expiration date of each expiring policy, and cause each required policy to require the insurer to (i) give notice to the City, as specified herein, of termination of any such policy sixty (60) days before such termination is to be effective; and (ii) contain a waiver of any and all of the insurer's rights to subrogation that any such insurer or insurers may acquire by virtue of payment of any loss under such insurance. A. Builder's Risk Insurance. Friends shall have Builder's Risk Insurance in the amount of one hundred percent (100%) of the prices of each contract relating to the construction activities contemplated in Article H, above. The City shall provide general liability insurance and property insurance to Friends and will name Friends an additional insured under said insurance; however the LICENSE AGREEMENT — The Friends of Legacy Play Village. Page 12 City specifically shall exclude any and all matters relating to the construction activities and worker's compensation coverage. Friends shall pay to the City within thirty (30) after completion of the construction of the project an amount, as determined by the City, for the cost of said coverage. The City shall bill Friends each subsequent year during the term of this agreement for the cost of coverage for each respective year. Friends agrees to pay said bill within thirty (30) days of receipt. ARTICLE VII Warranties, Covenants and Representations of Friends Section 7.01. Existence. Friends is a corporation duly organized, validly existing and in good standing under the laws of the State of Texas, and is duly qualified to carry on its business in the State of Texas. Section 7.02. Power. Friends has the corporate power to enter into and perform this Agreement and all activities contemplated hereby. Section 7.03. Authorization. The execution, delivery and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all requisite corporate action on the part of Friends. ARTICLE VIII Events of Default and Remedies Section 8.01. Default. An Event of Default (herein so called) shall exist if any one or more of the following events shall occur: (a) Any representation or warranty made by Friends in this Agreement shall prove to be untrue or inaccurate in any material respect as of the date on which such representation or warranty is made; LICENSE AGREEMENT — The Friends of Legacy Play Village. Page 13 (b) Friends shall default, in any way, manner or form, in the performance of any of the covenants, provisions and/or terms of this Agreement; (c) Friends shall (i) apply for or consent to the appointment of a receiver, custodian, trustee, intervenor, or liquidator of itself or of all or a substantial part of its assets, (ii) voluntarily become the subject of a bankruptcy, reorganization or insolvency proceeding or be insolvent or admit in writing that it is unable to pay its debts as they become due, (iii) file a petition or answer seeking reorganization or an arrangement with creditors or to take advantage of any bankruptcy or insolvency laws, (iv) become the subject of an order for relief under any bankruptcy, reorganization or insolvency proceedings, or (v) fail to pay any money judgment against it before the expiration of thirty (30) days after such judgment becomes final; or (d) Friends shall default in the payment of any material indebtedness of Friends. Section 8.02. Remedies upon Event of Default. If an Event of Default shall have occurred and be continuing, then the City, at its option may (i) declare this Agreement, and all rights and interests created by it, terminated and Friends shall reimburse the City any and all sums provided by the City to Friends under this Agreement, or otherwise; (ii) assert an action for damages, including, but not limited to, recovery of any and all sums provided by the City to Friends under this Agreement, or otherwise, and any and all other damages available to the City under this Agreement and/or pursuant to law or equity; LICENSE AGREEMENT — The Friends of Legacy Play Village. Page 14 and/or (iii) pursue and enforce any rights of the City as provided under or pursuant to any applicable law or this Agreement. In the event the City elects to terminate this Agreement as provided herein, this Agreement shall cease as if the day of the City's election to terminate were the day originally fixed in this Agreement for its expiration. ARTICLE IX Miscellaneous Section 9.01. No Waiver. No failure to exercise, and no delay in the exercise on the part of the City, of any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right. The rights of the City hereunder shall be in addition to all other rights provided by law. Section 9.02. Notice. Any notice required or permitted to be given herein must be given in writing and must be personally delivered, delivered by telephonic facsimile, or mailed by prepaid certified or registered mail to the party to whom such notice or communication is directed at the address of such party as follows: City: Friends of Legacy Play Village: Randy Truesdell Amy Pierce Parks and Recreation Manager P.O. Box 54167 P. O. Box 2000 Lubbock, Texas 79453 Lubbock, Texas 79457 (806) 763-0066 (806) 775-2687 Fax: (806) 775-2686 Any such notice or other communication shall deemed to have been given (whether actually received or not) on the date it is personally delivered or delivered by LICENSE AGREEMENT — The Friends of Legacy Play Village. Page 15 telephonic facsimile, or, if mailed, on the third day after it is mailed as aforesaid. Any party may change its address for purposes of this Agreement by giving notice of such change to all other parties pursuant to this Section 9.02. Section 9.03. Assignment/Sublet. This license is personal to Friends. Friends shall not assign or sublet this license. Any attempt to assign or sublet this license shall terminate the license granted herein. Section 9.04. Cites. Unless otherwise provided herein or required by law and/or local ordinance, charter or code, any action required or permitted to be taken by "the City", shall be taken by the City Manager of the City of Lubbock or any party designated by him or her. Section 9.05. Relationship of Parties. The relationship between the City and Friends is at all times solely that of licensor and licensee, and may not be deemed, in any event, a partnership or a joint venture. Section 9.06. Compliance with Applicable Law. Friends shall comply with all applicable federal, state and local rules, regulations, statutes, laws and ordinances governing, in any way, manner or form the construction activities contemplated herein, the operation of the Project, and/or any other aspect of the activities described in this Agreement, including, without limitation those regarding to access of the facilities by handicapped persons and the storage, display and alteration of antiquities. Section 9.07. Time of the Essence. Time is of the essence of this Agreement. Section 9.08. Texas LawNenue. This Agreement is to be construed under Texas law, without regard to conflict of law rules that would direct application of the laws of any other jurisdiction, and all obligations of the parties created by this Agreement are LICENSE AGREEMENT — The Friends of Legacy Play Village. Page 16 performable in Lubbock County, Texas. Venue for any action brought pursuant to this Agreement, or any activity contemplated hereby, shall lie exclusively in Lubbock County, Texas. Section 9.09. Partial Invalidity. If any one or more of the provisions contained in this Agreement are for any reason held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability will not affect any other provision of this Agreement, which shall be construed as if it had not included the invalid, illegal or unenforceable provision. Section 9.10. A)Ueements Superseded. This Agreement constitutes the parties' sole agreement and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter hereof. Section 9.11. Amendment. No amendment, modification, or alteration of this Agreement is binding, unless in writing, dated subsequent to the date of this Agreement, and duly executed by the parties. Section 9.12. Attorney's Fees. If, as a result of either party's breaching this Agreement, the other party employs or uses an attorney or attorneys to enforce its rights under this Agreement, then the breaching party shall pay the other party the reasonable attorney's fees and costs incurred to enforce this Agreement. Section 9.13. Exhibits. The exhibits, which are referenced in, and attached to this Agreement, are incorporated in and made a part of this Agreement for all purposes. Section 9.14. Captions. Section captions are for convenience only and shall in no way affect the interpretation of this Agreement. LICENSE AGREEMENT — The Friends of Legacy Play Village. Page 17 Section 9.15. License Agreement. The intent of this Agreement is to grant a license to Friends to utilize the Lands solely for the purposes described herein. This Agreement shall not be construed, in any way, manner or form, as a lease of the Lands or as conveying to Friends any interest in the real property comprising the Lands. LICENSE AGREEMENT — The Friends of Legacy Play Village. Page 18 Executed and effective as of the date of the execution hereof by the City of Lubbock. Date executed: September 26, 2002 ATTEST: i�� — Qsv� _11_� Rebecca Garza, City Secretary APPROVED AS TO CONTENT: THE FRIENDS OF LEGACY P Y VILLAGE"-) � f BY: Name: Title ` • �� �5 � -� v` Date executed: Ranqlpfruesdell, PaAs and Recreation Manager APPROVED AS TO FORM: LICENSE AGREEMENT - The Friends of Legacy Play Village. Page 19 Exhibit A Resolution No. 2002—R 0394 Ls Perimeter Layout of L PI V'll ,6.,.yay i age 6303 Brownfield Highway I Lubbock County, Texas The Legacy Play Village is a community -built playground, and is located in McAlister Park. McAlister Park is a new regional park / being developed by the Park Development department, City of'� Lubbock at the Brownfield Hwy and Spur 327. The Legacy Play Village is located at 3603 Brownfield Hwy, and can be seen on the topographic survey map attached. Legacy Play Village has an area of approximately 53,899 sq ft, with a perimeter •° — l of 931 ft around the outside of the Legacy Play Village fence. - - -<1 --------------- -. - 14 .v. • tM6..� �— — _� Y CZf IAds �r ii• 1 "� `G �®