HomeMy WebLinkAboutResolution - 2013-R0239 - Commitment Agreement - Lubbock Entertainment, Performing Arts Association - PAC - 07/23/2013Resolution No. 2013-R0239
July 23, 2013
Item No. 6.7
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 Commitment
Agreement between the City of Lubbock and Lubbock Entertainment and
Performing Arts Association to provide land located at 1302 Mac Davis Lane, for
the public purpose of construction and operation of a Performing Arts Center.
Said Commitment Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
Passed by the City Council on July 23, 2013 , 2013.
GL .ROBE TSON, MAYOR
ATTEST:
Rebecit, Garza, City Se e ry
APPROVED
�AjS�'f0 ONTENT:
A ting City Manager
APPROVED AS TO FORM:
Linda L. Chamales
Economic Development Attorney
July
17,
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July 17, 2013
Resolution No. 2013-R0239
COMMITMENT AGREEMENT
This Commitment Agreement (the "Agreement") is between the CITY OF LUBBOCK, TEXAS
(the "City"), A Texas Home Rule Municipal Corporation, and the LUBBOCK
ENTERTAINMENT AND PERFORMING ARTS ASSOCIATION (LEPRA), a Texas nonprofit
organization, acting by and through their respective and duly authorized officers and officials.
RECITIALS
WHEREAS, LEPAA is a nonprofit organization founded in 2013, with donations and
grants from interested and caring citizens, organizations and charitable foundations of Lubbock
and the region, to support it in achieving its goal of building, operating, and maintaining a state-
of-the-art entertainment and performing facility to include concerts, ballet programs, symphony
performances, Broadway shows, lecture series, cultural exhibits, and educational materials; and
WHEREAS, LEPAA desires to build a permanent facility for a new Performing Arts
Center on City -owned property located at 1302 Mac Davis Lane, Lubbock, Texas, across from
the Civic Center consisting of approximately 5 acres which is bounded by the Marsha Sharp
Freeway on the North, Avenue L on the East, and Mac Davis Lane on the South; and
WHEREAS, the LEPAA has already raised more than twenty million dollars
($20,000,000) in pledges, is committed to raise all the money necessary to begin building the
Performing Arts Center on or before December 31, 2017, and intends to continue raising money
for operating and maintaining the Performing Arts Center once completed;
WHEREAS, the City Council finds that a Performing Arts Center would serve a public
purpose by promoting performing arts as a vital part of the quality of life for the citizens of
Lubbock, promoting the tourism industry in the City, and furthering Goal 6 in the category of
Recreation, Parks, Entertainment and Cultural Affairs, as established in "Goals for Lubbock - A
Vision Into the 21" Century," and
WHEREAS, Texas Local Government Code Section 253.011 allows a municipality to
transfer real property to a non-profit organization for such a public purpose, and the City desires
to transfer the property located at 1302 Mac Davis Lane to LEPAA for a Performing Arts Center;
NOW THEREFORE, the Parties agree as follows:
ARTICLE I
RECITALS AND EXHIBITS PART OF AGREEMENT
The representations, covenants, and findings, and recitations set forth in the foregoing recitals are
material to this Agreement and are hereby incorporated into and made a part of his Agreement as
though they were fully set forth in this Article I. Exhibits "A" `B," "C," and "D," attached hereto
are incorporated into this Agreement as if fully set forth herein.
City Of Lubbock/LEPAA Agreement Page 1
ARTICLE II
REPRESENTATIONS AND WARRANTIES OF
LUBBOCK ENTERTAINMENT AND PERFORMING ARTS ASSOCIATION
2.1 LEPAA warrants and represents that it is a non-profit organization, as that term is defined
in the Texas Local Government Code Section 253.011.
2.2 LEPAA warrants and represents that LEPAA has full lawful right, power and authority to
execute and deliver and perform the terms and obligations of this Agreement and all of
the foregoing have been or will be duly and validly authorized and approved by all
necessary actions of LEPAA. Concurrently with the Chairman's execution of this
Agreement, LEPAA has delivered to the City copies of the resolutions or other corporate
actions authorizing the execution of this Agreement and evidencing the authority of the
persons signing this Agreement on behalf of LEPRA to do so. Accordingly, this
Agreement constitutes the legal, valid, and binding obligation of LEPAA, and is
enforceable in accordance with its terms and provisions.
2.3 LEPAA warrants and represents that if transferred, it will use the real property that is the
subject of this Agreement, solely for the public purpose of construction and operation of
an Entertainment and Performing Arts venue. LEPAA understands that if at any time the
property is not used for that purpose, ownership of the property will automatically revert
to the City.
ARTICLE III
RESPONSIBILITIES OF LUBBOCK ENTERTAINMENT AND PERFORMING ARTS
ASSOCIATION
3.1 Prior to transfer of the property, LEPAA shall have at least forty-five million dollars
($45,000,000.00) in written commitments for building of the Performing Arts Center.
3.2 The LEPAA Board agrees to continue to raise money for construction of the Performing
Arts Center. If construction has not begun and if LEPAA is unable to provide
assurances satisfactory to the City that its financial condition is strong enough to provide
an income stream for construction of the Performing Arts Center by December 31, 2017,
this Agreement will terminate.
3.3 LEPAA agrees that its financial documents, including commitment agreements, shall be
open for inspection at reasonable times upon request by the City Manager or his/her
designee.
3.4 LEPAA agrees that prior to transfer of the real property, a survey will be conducted of
the mutually agreed upon parcel to be transferred, that LEPAA will pay for the survey,
and that the survey shall be incorporated in this document as Exhibit "C."
3.5 At the time the real property is transferred, the LEPAA agrees to negotiate a shared
parking agreement with the City substantially in the form of the Shared Parking
Agreement attached as Exhibit "D."
City Of Lubbock/LEPAA Agreement Page 2
ARTICLE IV
RESPONSIBILITIES OF THE CITY
4.1 The City agrees to hold the real property described in the attached Exhibit "A" until
December 31, 2017.
4.2 City agrees that prior to transfer of the real property, a survey will be conducted of the
mutually agreed upon parcel to be transferred and the survey shall be incorporated in
this document as Exhibit "C."
4.3 If the Conditions Precedent to Performance, described in Article III and Article V, have
been met prior to December 31, 2017, City agrees to transfer to LEPAA by recorded
Deed Without Warranty, substantially in the form attached hereto as Exhibit "B", the
real property located at 1302 Mac Davis Lane, being approximately 5 acres in size, and
further described in the attached Exhibit "A."
4.4 City agrees to expend up to three hundred thousand dollars ($300,000.00) to deliver the
site described in Exhibit "A" free of all above ground buildings, parking lots, towers,
and with city utilities extended to the property line in order to provide a "shovel ready"
development lot to LEPAA within 90 days of notification to the City, in writing, that
LEPAA has meet all their responsibilities described in Article III. Any additional
funding necessary to provide a "shovel ready" development lot will be the responsibility
of LEPAA.
4.5 It is understood between the parties that the Texas Department of Public Safety (DPS)
has leased the property from the City and that the term of the lease ends within sixty
days of DPS occupying Lubbock Regional DPS Facility. DPS is contractually bound to
cause the 12,000 gallon gasoline underground storage tank north of the fueling canopy
and the 4,000 gallon diesel underground storage tank west of the fueling canopy to be
permanently removed at the end of the lease, in accordance with the requirements of the
Texas Commission on Environmental Quality, other state and federal regulations, and
within a reasonable time after the DPS vacates the Premises. The State retains
responsible party status and liability for cleanup of contamination associated with any
activities and facilities associated with State operations on this property.
4.6 City agrees to pay for a Title policy and all closing fees upon transfer of the real
property that is the subject of this Agreement.
4.7 At the time the real property is transferred, the City agrees to negotiate a shared parking
agreement with LEPAA substantially in the form of the Shared Parking Agreement
attached as Exhibit "D."
City Of Lubbock/LEPAA Agreement Page 3
4.8 If requested by LEPAA at the time the real property is transferred, the City agrees to
support closing Mac Davis Lane between Avenue O and Avenue L, subject to approval
by the appropriate City Departments.
ARTICLE V
CONDITIONS PRECEDENT TO PERFORMANCE
5.1 City shall not be obligated to perform under this Agreement unless, within the designated
time periods, LEPAA has performed, furnished, or caused to be furnished to the City all
items required to be performed or furnished under other sections of this Agreement,
including those Responsibilities of Lubbock Entertainment and Performing Arts
Association listed in Article III.
5.2 City is not obligated to perform under this Agreement unless all representations,
warranties, covenants and agreements of LEPAA contained in this Agreement are true
and correct, as of the Closing date, except where specific reference is made to another
date.
5.3 Notwithstanding anything contained in this Agreement to the contrary, City may, at City
Council's option, elect to waive any of the conditions precedent to the performance of
LEPAA's obligations under this Agreement by giving LEPAA, at any time prior to
Closing, a written waiver specifying the waived condition precedent.
5.4 If any of the conditions precedent to the performance of City's obligations under this
Agreement have not been satisfied within the designated time periods or waived by the
City, the City may, by giving written notice to CBF, terminate this Agreement. On City's
termination, City and LEPAA shall have no further obligations under this Agreement,
one to the other.
5.5 The City reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of
relief in a court of competent jurisdiction. Further, the City shall not be subject to any
arbitration process prior to exercising its unrestricted right to seek judicial remedy. The
remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently. To the extent of any conflict between this provision and another provision
in, or related to, this document, this provision shall control.
ARTICLE VI
MISCELLANEOUS
6.1 All notices, demands, requests, and other communications required hereunder shall be in
writing, and shall be deemed to be delivered, upon the earlier to occur of (a) actual
receipt, and (b) deposit of, in a regularly maintained receptacle for the United States
Mail, postage prepaid, addressed as follows:
City Of Lubbock/LEPRA Agreement Page 4
CITY:
LEPAA:
City Manager
Tim Collins, Chairman
City of Lubbock
Lubbock Entertainment & Performing
P.O. Box 2000
Arts Association
Lubbock, Texas 79457
1500 Broadway, Suite 1254
(806)775-2016
Lubbock, Texas 79401
Fax(806)775-3307
(806)773-5650
6.2 This Agreement is being executed and delivered and is to be performed in the State of
Texas, the laws of Texas governing the validity, construction, enforcement and
interpretation of this Agreement. This Agreement is performable in, and the exclusive
venue for any action brought with respect hereto, shall lie in Lubbock County, Texas.
6.3 This Agreement embodies the entire agreement between the parties and supersedes all
prior agreements and understandings, if any, related to the real property, and may be
amended or supplemented only in writing executed by the party against whom
enforcement is sought.
EXECUTED and effective as of the date of the execution by the City of Lubbock.
CITY OF LUBBOCK, TEXAS
GL C. RObIrRTSON,MAYOR
ATTEST:
Rebec Garza, City Secretary
APP VEDAS, TO CONTENT:
LUBBOCK ENTERTAINMENT AND
PERFORMING ARTS ASSOCIATION
By:
11mChairman
Lubbock Entertainment and
Performing Arts Association,
City Of Lubbock/LEPAA Agreement Page 5
APPROVED AS TO FORM:
Linda L. Chamales,
Economic Development Attorney
City Of Lubbock/LEPAA Agreement Page 6
Exhibit "A"
The surface only of Lot Two (2), Block One (1) Memorial Center Addition to the City of
Lubbock, Lubbock County, Texas, according to the plat and dedication deed for Memorial
Center Addition recorded in Volume 1349, pages 521 through 525 of the Deed Records of
Lubbock County, Texas.
City Of Lubbock/LEPAA Agreement Page 7
EXHIBIT "B"
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
DEED WITHOUT WARRANTY
STATE OF TEXAS §
COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS
That the CITY OF LUBBOCK, a Municipal Corporation of Lubbock, County, Texas
(hereinafter called "Grantor"), by virtue of the authority set forth in
DATE:
GRANTOR: City of Lubbock, Texas
GRANTOR'S MAILING ADDRESS
P.O. Box 2000
Lubbock, TX 79457
GRANTEE: Lubbock Entertainment & Performing Arts Association
GRANTEE'S MAILING ADDRESS
1500 Broadway, Suite 1254
Lubbock, Texas 79401
CONSIDERATION:
Grantor and Grantee expressly stipulate that Grantee shall utilize the Property solely in a
manner that promotes a public purpose of the Grantor. Grantor and Grantee stipulate that the
consideration of public purpose use by Grantee is the sole consideration to be received by
City Of Lubbock/LEPRA Agreement Page 8
Grantor for the conveyance of the Property by Grantor and that such consideration is sufficient in
all respects.
PROPERTY (INCLUDING ANY IMPROVEMENTS):
The surface only of Lot Two (2), Block One (1) Memorial Center Addition to the City of
Lubbock County, Texas, according to the plat and dedication deed for Memorial Center
Addition recorded in Volume 1349, pages 521 through 525 of the Deed Records of
Lubbock County, Texas.
The Property is conveyed to Grantee, and Grantee's successors and assigns under the authority
of Texas Local Government Code Section 253.011, for so long as the Property is used to
promote a public purpose of the Grantor. If the Property ceases to be so used, all rights, title, and
interest conveyed by this instrument shall automatically revert to and vest in Grantor, and
Grantor's successors and assigns, without the necessity of any further act on the part of or on
behalf of the Grantor, it being the intent of Grantor to convey a fee simple determinable estate to
the Grantee. For the purposes hereof, "public purpose" of the Grantor shall mean an
entertainment and performing arts venue.
REPRESENTATIONS AND WARRANTIES OF GRANTEE:
Grantee warrants and represents that it is a non-profit organization, as that term is defined
in the Texas Local Government Code Section 253.011(a).
Grantee represents and warrants to Grantor that it has made an independent inspection
and evaluation of the Property and the title to same and acknowledges that Grantor has made no
statements or representations concerning the present or future value of the Property, the state of
title of the Property, the condition, including the environmental condition of the Property, or the
anticipated income, costs, or profits, if any, to be derived from the Property.
City Of Lubbock/LEPAA Agreement Page 9
FURTHER, GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES
WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, BUT
WITHOUT LIMITATION, AS TO THE DESCRIPTION, TITLE, INCLUDING WITHOUT
LIMITATION, THE EXISTENCE OF LIENS AGAINST THE PROPERTY, THE VALUE,
QUALITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY
AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY
AND/OR IMPROVEMENTS LOCATED THEREON, THE NATURE OF THE PAST OR
HISTORIC USE OF THE PROPERTY, MERCHANTABILITY OR FITNESS FOR PURPOSE
OF ANY OF THE PROPERTY. Grantee further acknowledges that, in accepting this Deed
Without Warranty, it has relied solely upon its independent evaluation and examination of the
Property, and public records relating to the Property and the independent estimates,
computations, evaluations and studies based thereon. Grantor makes no warranty or
representation as to the accuracy, completeness or usefulness of any information furnished to
Grantee, if any, whether furnished by Grantor or any other third party. Grantor, its officers,
employees, elected officials, independent contractors, and agents assume no liability for the
accuracy, completeness or usefulness of any material furnished by Grantor, or any of its officers,
employees, elected officials, independent contractors and/or agents, if any, and/or any other
person or party. Reliance on any material so furnished shall not give rise to any cause, claim or
action against Grantor, its officers, employees, elected officials, independent contractors and/or
agents, and any such reliance shall be at Grantee's sole risk.
THE CONVEYANCE OF THE PROPERTY SHALL BE ON A "WHERE IS", "AS IS",
AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR
WARRANTY WHATSOEVER, EXPRESSED, STATUTORY OR IMPLIED, INCLUDING,
City Of Lubbock/LEPAA Agreement Page 10
BUT WITHOUT LIMITATION, AS TO TITLE, INCLUDING, BUT NOT LIMITED TO THE
EXISTENCE OF LIENS AGAINST THE PROPERTY, THE DESCRIPTION, PHYSICAL
AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS
CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY AND/OR
IMPROVEMENTS LOCATED THEREON, THE NATURE OF THE PAST OR HISTORIC
USE OF THE PROPERTY, QUALITY, VALUE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR OTHERWISE. Grantee has satisfied itself as to the title, type,
condition, quality and extent of the property and property interests that comprise the Property it
is receiving pursuant to this Deed Without Warranty.
Grantor, for the consideration and subject to the reservations and exceptions to
conveyance, grants, sells, and conveys to Grantee the Property, to have and to hold it to Grantee
and Grantee's successors and assigns forever, without warranty, express or implied, statutory or
otherwise, and all warranties that might arise by common law and the warranties created by
Section 5.023 of the Texas Property Code (and all amendments and successors thereto) are
expressly excluded.
EXECUTED THIS DAY OF
ATTEST:
City Secretary
GRANTOR:
CITY OF LUBBOCK
MAYOR
20—.
City Of Lubbock/LEPAA Agreement Page 11
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
State of Texas
County of Lubbock §
This instrument was acknowledged before me on this
as Mayor of the City of Lubbock.
GRANTEE:
By:
Name:
Title:
day of , 20_ by
Notary Public, State of Texas
My commission expires:
City Of Lubbock/LEPAA Agreement Page 12
EXHIBIT "C"
SURVEY
City Of Lubbock/LEPAA Agreement Page 13
EXHIBIT "D"'
SHARED PARKING LEASE AGREEMENT
This Shared Parking Lease Agreement is between the CITY OF LUBBOCK, a
Texas Home Rule Municipality, (hereinafter called LESSOR) and the Lubbock
Entertainment and Performing Arts Association, a Texas Nonprofit organization,
(hereinafter called LESSEE).
I.
Subject to the terms and provisions herein, LESSOR hereby leases unto LESSEE
for a tern of ( ) years beginning , and ending ,
subject to earlier termination as provided in this Lease Agreement, ( }
parking spaces on the following described tract of land (the "Leased Premises"):
(property description Civic Center parking lot)
II.
LESSEE shall pay the sum of ($ ) per month by check or money
order to the CITY OF LUBBOCK, P.Q. Box 2000, Lubbock, Texas 79457, Attention:
Property Manager, payable to LESSOR in advance of the first day of each month with the
first payment being due contemporaneously with the execution of this lease.
Rent unpaid after the due date (the first day of each month) is delinquent and will
constitute a default by LESSEE. If all rent is not paid by the fifth (%) day of the month,
LESSEE shall pay the lesser of (i) an initial late charge of $25.00 plus a late fee of $1.00
per day thereafter until all delinquent rent and late charges are paid in full; or (ii) the
maximum charge for delinquent payment of rent, allowed by applicable state, federal or
local statute, regulation, rule order or ordinance. Daily late charges shall not exceed
$25.00 for any single month's rent.
IV.
The Leased Premises shall be used for the purpose of a parking lot for vehicles as
an additional use to the Performing Arts Center operated by LESSEE. LESSEE will
restrict the use of the Leased Premises for this purpose, and will not use, or permit the use
of, the Leased Premises for any other purpose without first obtaining the consent of
LESSOR in writing.
V.
City Of Lubbock/LEPAA Agreement Page 14
LESSEE will not commit, or allow to be committed, any waste on the Leased
Premises, create or allow any nuisance to exist on the Leased Premises, or use or allow
the Leased Premises to be used for any unlawful purpose.
VI.
LESSOR represents that the Leased Premises are in fit condition for the use as
described in Paragraph IV. LESSEE agrees to accept the Leased Premises on possession
as being in good state of repair and suitable for such use and purposes. LESSEE agrees
to surrender the Leased Premises to LESSOR at the end of the lease term, in the same
condition as when LESSEE took possession, allowing for reasonable use and wear.
VII.
Partial destruction of the Leased Premises shall not terminate this Lease, nor shall
it render this lease void or voidable, except as provided in this Lease. Nevertheless,
LESSEE may terminate this lease upon five (5) days written notice in the event of partial
destruction.
VIII.
TO THE EXTENT ALLOWED BY LAW, LESSEE HEREBY HOLDS LESSOR
HARMLESS, AND INDEMNIFIEDS LESSOR, FROM AND AGAINST ANY AND
ALL PAYMENTS, EXPENSES, COSTS, REASONABLE ATTORNEY'S FEES, AND
ALL CLAIMS, LIABILITIES, LOSSES OR DAMAGE, INCLUDING WITHOUT
LIMITATION, PAYMENTS, EXPENSES, COSTS, REASONABLE ATTORNEY'S
FEES, CLAIMS, LIABILITIES, LOSSES OR DAMAGES TO PROPERTY OR
INJURIES TO PERSONS, OF ANY KIND OR TYPE, CAUSED WHOLLY OR IN
PART BY, RESULTING FROM ANY ACT OR OMISSIONS BY LESSEE OR
LESSEE'S CUSTOMERS, GUESTS, LICENSEES, AND/OR INVITEES, UNDER THE
TERMS HEREOF OR FOR ANY CAUSE WHATSOEVER ARISING OUT OF,
RELATED TO OR BY REASON OF THE USE OR OCCUPATION OF THE LEASED
PREMISES BY LESSEE OR LESSEE'S CUSTOMERS, GUESTS, LICENSEES OR
INVITEES.
Further, LESSEE shall procure and carry throughout the term of this Lease,
insurance as specified I Exhibit "A", hereto or shall provide written documentation
satisfactory to LESSOR that LESSEE is self insured.
IX.
No improvements of any kind or type are to be placed on Leased Premises by
LESSEE and if they are, they shall be removed immediately at the expense of LESSEE.
City Of Lubbock/LEPRA Agreement Page 15
If LESSEE fails to comply with
LESSOR may perform these conditions
LESSEE, and the cost of the expense wil
shall be payable by LESSEE as such.
X.
any conditions and covenants of this Lease,
and covenants, at the cost and expense of
1 be added to the next installment of rent and
XI.
To the extent allowed by law, all goods and personal property of any kind in or on
Leased Premises will be the sole responsibility of LESSEE, and in no event will
LESSOR be liable for any loss or damage to these goods or property for any reason
whatsoever.
XII.
This Lease cannot be assigned in whole or in part by LESSEE except upon the
express written permission of LESSOR, such consent to be at the sole discretion of
LESSOR.
KNIi0.
This Lease may be cancelled and terminated by LESSOR for non-payment of rent
or failure of LESSEE to keep and perform any of its agreement herein (a "Default"). In
the event of a Default, LESSOR shall give notice of the default by providing ten (10)
days written notice to LESSEE delivered or mailed to the last known address of LESSEE
at 1500 Broadway, Suite 1254, Lubbock, Texas 79401, describing said Default. If the
default is continuing at the end of the ten- day period, LESSOR may cancel and terminate
the Lease.
XIV.
Should the use by the City of the Leased Premises become necessary for other
City purposes, at LESSOR's discretion, LESSOR may terminate this Lease upon thirty
(30) days' written notice to LESSEE. Any prepaid rent will be pro -rated to LESSEE at
the time of such termination.
XV.
Parking on the Leased Premises by LESSEE shall be allowed between the hours
of and through . Except as expressly authorized
herein, LESSEE shall have no rights or privileges to utilize the Leased Premises.
XVI.
City Of Lubbock/LEPAA Agreement Page 16
If there is a need for LESSOR to utilize all or part of the Leased Premises during
the term hereof, LESSOR shall give written notice to LESSEE as soon as LESSOR is
aware of the problem, but no later than seven (7) days in advance of the time or times of
the City's need to use the Leased Premises, or applicable portion thereof. LESSOR and
LESSEE shall meet and attempt to resolve the issue amicably so that both parties are
accommodated. If an accommodation cannot be reached, LESSEE shall not occupy the
Leased Premises, or the applicable portion thereof for the period of time in the notice.
XVII.
LESSOR reserves the right to exercise any right or remedy available to it by law,
contract, equity, or otherwise, including without limitation, the right to seek any and all
forms of relief in a court of competent jurisdiction. Further, LESSOR shall not be subject
to any arbitration process prior to exercising its unrestricted right to seek judicial remedy.
The remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently. To the extent of any conflict between this provision and another provision
in, or related to, this document, this provision shall control.
EXECUTED on , 20_.
CITY OF LUBBOCK LUBBOCK ENTERTAINMENT
& PERFORMING ARTS ASSOC.
MAYOR Chairman
ATTEST:
City Secretary hN
APPROVED AS TO CONTENT
APPROVED AS TO FORM:
City Attorney
City 0f Lubbock/LEPAA Agreement Page 17