HomeMy WebLinkAboutResolution - 2008-R0273 - Shared Parking Agreement With Melonie Park South Homeowners Association - 08/12/2008Resolution No. 2008-RO273
August 12, 2008
Item No. 5.15
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock or his designee BE and is hereby
authorized and directed to execute for and on behalf of the City of Lubbock, a Shared
Parking Agreement by and between the City of Lubbock and Melonie Park South
Homeowners Association, and 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 12th
day of August , 2008.
TOM MARTIN, MAYOR
ATTEST:
Rebe a Garza, City Secretary
APPROVED ,AS TO CONTENT;
Randy truesdell, tommunity Services Director
APPROVED AS TO FORM:
gs/ccdocs/res-Shared Parking Agrmnt
7/31/08
Resolution No. 2008-80273
SHARED PARKING AGREEMENT
THIS AGREEMENT is made and entered into by and between Melonie Park South
Homeowners Association (referred to herein as "Owner") and the City of Lubbock, Texas, a
Home Rule Municipal Corporation of Lubbock County, Texas (referred to herein as "User").
RECITALS
WHEREAS, Owner owns that certain tract of land, being Melonie Park South Tract E-1
of the City of Lubbock, Lubbock County, Texas, as recorded in the Real Property Records,
Lubbock County, Texas (the "Lands");
WHEREAS, as presently occupied, a portion of the Lands contains spaces for the parking
of motor vehicles, said Lands being described on Exhibit "A", hereto (the "Affected Lands");
WHEREAS, the User owns an interest in, or otherwise controls the lands, or a portion of
the lands, more particularly described as described in Exhibit "A," which is attached hereto and
incorporated as if fully set forth herein (collectively referred to herein as the "User's Premises");
WHEREAS, the User's Premises may not contain sufficient parking for motor vehicles;
WHEREAS, the User desires, upon the conditions and covenants set forth below, to
jointly utilize the Affected Lands for the parking of motor vehicles for the benefit of the User's
Premises.
NOW THEREFORE, the Owner and User agree as follows:
(1) Owner grants to the User, subject to the terms hereof, the right to jointly utilize,
along with the Owner, for the sole purpose of parking motor vehicles, the
Affected Lands. The use of the Affected Lands granted herein is limited to the
User and the patrons and customers of the User's Premises.
(2) User agrees that during the term of this Agreement, it shall maintain and resurface
the Affected Lands as needed, which shall be determined by joint agreement of
the parties. Any such work shall be completed within ninety (90) days.
(3) User shall utilize the Affected Lands solely for the parking of motor vehicles, and
shall not utilize, or permit the utilization of, the Affected Lands for any other use
or purpose.
(4) It is expressly agreed and understood that the Owner shall have the right to utilize
the Affected Lands for the parking of motor vehicles, or any other use to which it
desires, during all times of the effective period of this Agreement.
(5) Notwithstanding anything to the contrary herein, Owner may make, or cause to be
made, any modifications or alterations to the Lands or Affected Lands it shall
desire, in its sole discretion. If a portion of the Affected Lands is modified or
altered so that same is no longer available for the parking of motor vehicles, the
portion of the Affected Lands remaining available for the parking of motor
vehicles after such modifications or alterations shall be deemed to be the
"Affected Lands" for all purposes under this Agreement during the remainder of
the term hereof.
(6) Any and all motor vehicles, and all property of any kind or nature contained in or
appurtenant to said motor vehicles, which are parked and/or located on the
Affected Lands by virtue of this Agreement are the sole responsibility of User,
and in no event shall Owner be liable for any loss or damage to such motor
vehicles or property for any reason whatsoever.
(7) This Agreement shall terminate on the earlier to occur of (i) twenty (20) years
from the date of the execution hereof by Owner; or (ii) earlier termination as
provided elsewhere in this Agreement.
(8) In the event User breaches any term and/or provision of this Agreement, Owner
shall be entitled to immediate termination of this Agreement.
(9) Notwithstanding anything to the contrary herein, in the event the parties shall
desire to terminate this Agreement, for any reason or no reason, the party may, by
providing thirty (30) days written notice of such termination to the other party,
terminate this Agreement. Notice is to be provided by certified or registered mail
as follows:
Owner:
MPSHh
LJGe�
�s
.d. ow yoea
(10) This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective permitted successors and assigns.
Executed and effective as of the 12th day of August , 2008.
OWNER: USER:
r
City of Lubbock, Texas
Shared Parking Agreement Page 2 ot3
Name: 4-1gV 9-h6R lam-/ /9"
Title: &E—'51 D' !V T
STATE OF TEXAS
COUNTY OF LUBBOCK
TOM MARTIN, MAYOR
ATTEST:
Kebec`cli Garza, City Secretary
APPROVE O ENT:
Randy Truesde , Community Services Director
LA J6
6. W—M W. g IS
oil
This instrument was acknowledged before me onAuaysk J z 2008, by TOM
MARTIN, Mayor of the City of Lubbock, a Texas home rule Yhunicipal corporation.
ELISA SANCHEZ Notary Public in and for the Qle of Texas
Notary Public, State of Texas
�< My Can isson Expires 11.07-2011 My commission expires/1 '7 ^' r
STATE OF TEXAS §
COUNTY OF LUBBOCK §
i strument was acknowledged before me on u5� wore , by
�pc�i
Shared Parking
Notary P80c in and for the State of Texas
My Commission Expires: 5-12-0010
Page 3 of3
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