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HomeMy WebLinkAboutResolution - 2002-R0456 - License Agreement - Broadway Festivals, Inc. - 10/24/2002Resolution No. 2002-RO4 October 24, 2002 Item No. 25 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, by and between the City of Lubbock and Broadway Festivals, Inc. for holiday lighting and all related documents. 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 City Council. Passed by the City Council this 24th day of October , 2002. 'MARC McDO AL, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: IUAW Randy Tru dell Parks and Recreation Manager APPROVED AS TO FORM: Tk/ccdoc/Broadway Festival.res October 17, 2002 Resolution No. 2002-R0456 October 24, 2002 Item No. 25 LICENSE AGREEMENT This License Agreement (the "Agreement") is entered into on this 24th day of October , 2002, between the City of Lubbock, Texas (the "City"), a Texas Home Rule Municipal Corporation, and Broadway Festivals, Inc. ("BFI"), a not for profit corporation acting by and through their duly authorized officers and officials. RECITALS WHEREAS, BFI is a nonprofit organization who has, in cooperation from the City, operated special events within the City, such as the Fourth on Broadway Festival; and WHEREAS, BFI desires to decorate an area of land owned by the City and known as Mackenzie Park that is described on Exhibit "A" attached hereto (the "Lands"); and WHEREAS, BFI desires to decorate the Lands using Holiday lighting and other various outdoor Seasonal Holiday decorations for the public to drive vehicles to observe said decorations (the "Project") and name the Project "Lights in the Canyon"; and WHEREAS, the City seeks to assist and encourage BFI to create and administer the Project as a benefit to the City and its citizens; and WHEREAS, BFI agrees to include a display related to the Christmas Season in the Project; and WHEREAS, BFI agrees to provide certain in-kind services as listed on Exhibit "B" attached hereto and as set forth herein as partial consideration for this Agreement; and WHEREAS, the City agrees to provide certain in-kind services and materials for the Project as listed in Exhibit "C" attached hereto and set forth herein as partial consideration for this Agreement; and WHEREAS, the City finds that the Project promotes recreational opportunities for the citizens of the City and promotes tourism within the City; 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 receipt of which is hereby acknowledged, the City hereby grants, upon the terms and conditions set forth in this Agreement, a license on and over the Lands to BFI for the sole purpose of constructing, maintaining and operating the Project. Section 1.02. Term. The term of this license is from the date of execution of this Agreement through January 30, 2003 (the "Primary Term") with like terms in 2004 and 2005 ("Secondary Terms"), unless terminated sooner as provided in this Agreement. This Agreement shall terminate without further notice when the last Secondary Term expires, and BFI shall immediately vacate the Lands. Any holding over by BFI after that term expires, except as provided otherwise in this Agreement, shall not constitute a renewal of this Agreement, or provide BFI any rights whatsoever under this Agreement and/or to the Lands. If BFI gives the City written notice that is no longer intends to produce the Project, then this License shall terminate. ARTICLE II Improvements Section 2.01. Installation. On or before the date of execution of this Agreement, the City, with the assistance of BFI, shall begin installation, or cause to begin installing, and begin location upon the Lands, the Project. The Project shall include installation of electrical service and the materials associated with the electrical service. The City further agrees to conduct any and all archeological clearance of the Lands. BFI agrees to provide a trenching machine to the City to be used for the electrical installation. BFI agrees to provide the services and equipment as listed on Exhibit `B". The City agrees to provide the services, material and equipment as listed on Exhibit "C". Section 2.02. Surety. With the exception of the Lease with Brandano Displays, Inc., any and all contracts that BFI may enter into with third parties to participate in the construction and/or location of improvement activities 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 Improvements. With the exception of the displays leased from Brandano Displays, Inc. or any similar temporary display provider, any and all improvements, additions, alterations and fixtures constructed, placed and/or located 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. BFI 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, BFI 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 BFI on or before ten (10) days after the termination of this Agreement, shall, at the option of the LICENSE AGREEMENT — Broadway Festivals, Inc. Page 2 City, either (i) become the property of the City; or (ii) be removed by the City at BFI's 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 BFI 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. ARTICLE III Operations of BFI Section 3.01. Securitv. During all hours the Project is open to the public BFI shall take any and all actions necessary to prevent the entry of unauthorized persons in, on and/or over the Lands actually used by the Project. Additionally, BFI shall provide at least one person to secure the Project from the time it closes each evening until 8 a.m. the following morning. Section 3.02. Access of Public. BFI shall not permit any discrimination in its operation of the Project because of race, color, sex, religion, national origin, physical handicap or disability. Further, BFI shall have no right to prohibit public access to the Lands for general park purposes and shall not be permitted to assess a fee upon those persons entering the Lands for park purposes not related to the Project. On or before thirty (30) days prior to allowing admission to the general public in, on or over the Lands, BFI 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 BFI its proposed new rule and/or regulation (the "New Rules"). In the event BFI 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. 3.03. Oversight. BFI shall provide at least one (1) person of good character to be present on the Lands during all hours the Project is open to the public. Section 3.04. Taxes. BFI 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. BFI 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. LICENSE AGREEMENT — Broadway Festivals, Inc. Page 3 Further, BFI 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 BFI or any contractors or subcontractors of BFI. Section 3.06. Right of Entr--CitX. Nothing contained in this Agreement shall be construed to prohibit 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 the City deems necessary. BFI 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. Advertising. BFI shall be responsible for any and all advertising of the Project. Further, in consideration for the Agreement, BFI shall provide advertising for the project commonly known as "Santa Land". Section 3.09. Staffing and Coordination. BFI shall provide any and all staff required for the Project. Further, BFI shall be responsible for coordination responsibilities of the Project. With the exception of its Executive Director, BFI shall not employ any person, for purposes of Texas worker's compensation laws, in producing the Project. Staff shall participate in the Project on a volunteer basis. Any paid staff of companies assisting BFI in producing the Project shall be covered under such companies' worker's compensation policies. ARTICLE IV Operation Funds Section 4.01. Solicitation of Funds. BFI shall, during the effective term of this Agreement, utilize its best efforts to solicit funds from various sources, including, but not limited to, memorials, honorariums, 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. Entrance Fees. BFI shall be permitted to charge an entrance fee to those members of the public who wish to view the Project. BFI shall pay to the City five LICENSE AGREEMENT — Broadway Festivals, Inc. Page 4 percent (5%) of all net revenue generated by the Project entrance fees. Unless otherwise agreed to by the parties, the permitted entrance fees shall be as follows: $8.00 per vehicle, other than buses $50.00 per bus Section 4.03. Accounting and Audits. BFI 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. Section 4.04. Operation Funds. BFI shall at all times maintain adequate funding to operate, construct and maintain the Project in accordance with the terms hereof. The annual audit required by Section 4.03, 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 Duty to Repair. At all times during the primary term of this Agreement or any secondary term, BFI shall keep and maintain, or cause to be kept and maintained, all buildings, and improvements associated with the Project, including, but not limited to, electrical equipment properly installed on the Lands, and the landscaping associated with the Project, including, but not limited to lawns, 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 BFI's sole expense. Section 5.02. Damage or Destruction. If any building or improvement constructed and/or located on the Lands and associated with the Project, including, but not limited to, the electrical equipment, is damaged or destroyed by fire, vandalism, or any other casualty during the primary term of this Agreement or any secondary term, regardless of the extent of the damage or destruction, BFI 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. BFI 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 LICENSE AGREEMENT — Broadway Festivals, Inc. Page 5 INDIRECTLY, OR ARE RELATED TO, IN ANY WAY, MANNER OR FORM, BFI'S FAILURE TO PERFORM ITS OBLIGATIONS CREATED HEREUNDER, . BFI FURTHER COVENANTS AND AGREES TO DEFEND ANY SUITS OR ADMINISTRATIVE PROCEEDINGS 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, BFI 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 BFI's INDEMNITY IN THIS SECTION. THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, SHALL NOT BE LIABLE, AND BFI 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 BFI, 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. NOTHING ABOUT THE FOREGOING SHALL BE CONSTRUED TO HOLD BFI LIABLE FOR ANY SUIT, CLAIM, OR DEMAND ARISING OUT OF ANY OCCURRENCE THAT OCCURS IN WHOLE OR IN PART IN "SANTA LAND". BFI, AND ITS RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, AND THE CITY HEREBY RELEASES BFI, AND ITS RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS, FOR, FROM AND/OR AGAINST ANY LOSSES, DAMAGES, CLAIMS OR LIABILITIES TO THE CITY, ON ANY THEORY OF LEGAL LIABILITY, INCLUDING, BUT NOT LIMITED TO THE NEGLIGENCE, OF ANY TYPE OF DEGREE, OR FAULT, OF BFI, 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. THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THE TERMINATION OR VOIDANCE OF THIS AGREEMENT. LICENSE AGREEMENT — Broadway Festivals, Inc. Page 6 Section 6.02. Insurance. BFI 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 BFI 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 prior to the execution of this Agreement. BFI 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. Comprehensive General Liability Insurance. BFI and all contractors hired by BFI shall have comprehensive general liability insurance, with limits of $500,000.00 combined single limit in the aggregate and per occurrence. The City shall be named as an additional insured in such policy. B. Auto Liability Insurance. BFI and all contractors hired by BFI shall have auto liability insurance, with limits of $500,000.00 combined single limit in the aggregate and per occurrence. The City shall be named as an additional insured in such policy. ARTICLE VII Warranties, Covenants and Representations of BFI Section 7.01. Existence. BFI 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. The City of Lubbock is a Texas Home Rule Municipal Corporation duly organized, validly existing and in good standing under the laws of the State of Texas, and is duly qualified to carry on the business set forth herein. Section 7.02. Power. BFI has the corporate power to enter into and perform this Agreement and all activities contemplated hereby. The City has the 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 BFI and by the City LICENSE AGREEMENT — Broadway Festivals, Inc. Page 7 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 either party 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; (b) Either party shall default, in any way, manner or form, in the performance of any of the covenants, provisions and/or terms of this Agreement; (c) BFI 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) BFI shall default in the payment of any material indebtedness of BFI related to the Project. Section 8.02. Remedies upon Event of Default. If an Event of Default shall have occurred and be continuing, then the not defaulting party, at its option may (i) declare this Agreement, and all rights and interests created by it, terminated, or otherwise; (ii) assert an action for damages, including, but not limited to, recovery of any and all sums provided by the City to BFI under this Agreement, or otherwise, and any and all other damages available to the non -defaulting party under this Agreement and/or pursuant to law or equity; and/or (iii) pursue and enforce any rights of the non -defaulting party as provided under or pursuant to any applicable law or this Agreement. In the event the a party elects to terminate this Agreement as provided herein, this Agreement shall cease as if the day of the election to terminate were the day originally fixed in this Agreement for its expiration. LICENSE AGREEMENT — Broadway Festivals, Inc. Page 8 ARTICLE IX Miscellaneous Section 9.01. No Waiver. No failure to exercise, and no delay in the exercise on the part of a party, 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 each party 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: Randy Truesdell Parks and Recreation Manager P. O. Box 2000 Lubbock, Texas 79457 (806) 775-2687 Fax: (806) 775-2686 BFI: C/O Stephanie Allison Executive 2313 Broadway Street Lubbock, Texas 79401 (806) 749-2929 Director 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 telephonic facsimile, or, if mailed, on the third day after it is mailed as aforesaid. Any parry 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 BFI. BFI shall not assign or sublet this license. Any attempt to assign or sublet this license shall terminate the license granted herein. Section 9.04. City. 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 BFI 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. BFI shall comply with all applicable federal, state and local rules, regulations, statutes, laws and ordinances LICENSE AGREEMENT — Broadway Festivals, Inc. Page 9 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 Law/Venue. 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 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. Agreements 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. Section 9.15. License Agreement. The intent of this Agreement is to grant a license to BFI 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 BFI any interest in the real property comprising the Lands. LICENSE AGREEMENT — Broadway Festivals, Inc. Page 10 Executed and effective as of the date of the execution hereof by the City of Lubbock. CITY OF L 4 i / BY: �..��:✓ MA16C' McDOU , MAYOR Name: Title: Date executed: October 24, 2002 Date executed: ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: I�Aw Randy Truesdell, Parks and Recr ation Manager APPROVED AS TO FORM: LICENSE AGREEMENT — Broadway Festivals, Inc. Page 11 TIVALS, INC.: 0-0 Q Exhikl A ®® Resolution No. 2002-RO45 U W Resolution No. 2002-RO456 Exhibit B Media Coverage for Santa Land: Best Guess Value of $$5,000 • NewsChannel 11 spots for event during the entire event • Web -Site for event included on KCBD.com and lubbockonline.com • Radio Advertising — Clear Channel Stations — 6 stations — during the entire event • Tabloid in Lubbock AJ — 225, 000 distribution over 3 week period • TV and Radio Interviews • Speakers Bureau Tour • Press Conference and Press Releases • Event Flyers —10,000 distribution • Event Programs — 20,000 distribution • Event Posters — 500 printed and distributed • Event Mailers — 75,000 distribution Inclusion of Santa Land on Banner for event - $400.00 BFI providing the 50 plus electrical poles for the electricity hook up for Santa Land and Lights in the Canyon — equipment value of $10,000 BFI providing trenching machine/trailer for electrical installation — Invoiced at $3,644.14 BFI's budget for event including the leasing of displays—Approx. $150,000.00 Resolution No. 2002-RO456 Exhibit C The following services will be provided by the City of Lubbock for the Primary term: Park Dept. labor Archeology TOTAL Cost for labor and material by LP&L: Riser material: conduit, straps, weatherheads 30 J -boxes @ $12.00 2,000' of SDT cord @ $1.00 per ft. 7 main disconnect switches 5000' underground cable in pipe @ $2.50 10 pole mounted transformers @ $1,000 Overhead crew labor 32hrs @ $135 Underground labor 1 man 120hrs @ 35 Engineering 1 man 40hrs @ $44 TOTAL 11,000 5,000 $16,000 1,000 360 2,000 1,750 15,000 10,000 4,320 4,200 1,760 $40,390