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HomeMy WebLinkAboutResolution - 2009-R0161 - Amendment To License Agreement - Civic Lubbock Inc. - 04/27/2009Resolution No. 2009-80161 April 27, 2009 Item No. 5.16 RESOLUTION 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 arized and directed to execute for and on behalf of the City of Lubbock, an ,ndment to License Agreement between the City of Lubbock and Civic Lubbock, Inc., related documents. Said Amendment is attached hereto and incorporated in this )lution as if fully set forth herein and shall be included in the minutes of the Council. ed by the City Council this 27th day of April 2009. kTTEST: City Secretary ROVED AS TO CONTENT: Chaifkz, Civic Servie& Director Attorney P.grmnt Amend,Lic-Civic Lubbock Inc.res 3.10.09. TOM MARTIN, MAYOR Cosi tract: 6333 Resolution No. 2004-80161 AMENDMENT TO LICENSE AGREEMENT This Amendment to License Agreement ("Amendment") is entered into by and between the City of Lubbock, Texas ("City") and Civic Lubbock, Inc. ("Corporation") on this, the 27th day of April , 2009. WITNESSETH WHEREAS, the City and Corporation entered into a certain License Agreement ("Agreement") on September 21, 2005; and WHEREAS, it is the desire of the City Council of Lubbock and the Corporation to amend said Agreement between the City and the Corporation. NOW THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Corporation hereby amend the Agreement as follows: 1. The last sentence of Section 5 of the Agreement is amended to read as follows: Salaries and benefits of such full-time concession employees shall be reimbursed to the City by the Corporation on a quarterly basis. 2. The last sentence of Section 7 of the Agreement is amended to read as follows: Salaries and benefits of such full-time box office employees shall be reimbursed to the City by the Corporation on a quarterly basis. 3. Section 8 of the License Agreement entered into on September 21, 2005 is hereby amended to read as follows: 8. The Civic Lubbock, Inc. Board shall have a minimum of two standing committees: 1) the Museum and Arts Standing Committee; and 2) the Cultural Arts Grant Review Standing Committee. Each committee shall elect a chairperson and vice -chairperson, one of whom shall be chosen from the Directors on that committee. Public representatives for each committee shall be appointed by the City Council. The Museum and Arts Standing Committee shall be composed of four Directors appointed by the Corporation, and three representatives of the arts community appointed by the City Council to serve three year terms, or until their successors are appointed. Responsibilities of this committee include serving as an advisory board for the Silent Wings Museum and the Buddy Holly Center. The President of Civic Lubbock, Inc. Board of Directors, or his designee, shall serve as an ex officio member of this committee. The Cultural Arts Grant Review Standing Committee shall be composed of three Directors appointed by the Corporation, plus two member -at -large appointed by the City Council, each to serve three year terms, or until their successors are appointed. This committee shall be responsible for developing the guidelines for the Cultural Arts Grant Program funded by the Hotel Occupancy Tax, accepting applications, and making recommendations to the full Civic Lubbock, Inc. Board to present to the City Council for grant recipients twice each year. The President of the Civic Lubbock, Inc. Board of Directors or his designee shall serve as an ex officio member of this committee. Amendment to License Agreement Civic Lubbock, Inc. and City of Lubbock Page 1 of 2 The Corporation may, from time to time and at its sole discretion, establish other committees to assist with projects and purposes associated with the Corporation's mission. Committee members appointed by the Corporation may consist of CLI Directors and members of the community whose expertise would enhance the project and/or purpose for which the committee is intended. 4. A new Section 17 is added to the Agreement, and shall read as follows: 17. The Corporation agrees to secure and maintain during the term of this Agreement general liability insurance, with the City named as primary additional insured, in the amount of $2,000,000.00 which shall include products/completed operations and advertising insurance; liquor liability insurance in the amount of $1,000,000.00; and crime insurance with an employee dishonesty form in the amount of $1,000.00. In addition, Corporation shall elect to obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code and shall maintain said coverage throughout the term of this Agreement. Each policy shall be endorsed to waive all rights of subrogation against the City by reason of any payment made for claims under the above coverage. All provisions of the Agreement, other than that herein amended shall remain in full force and effect as originally written. CITY OF LUBBOCK �L"`� TOM MARTIN, MAYOR ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: Freddy Cha z Civic Servid6s Director APPROVED AS ZTRM: Assistant City Attorney Amendment to License Agreement Civic Lubbock, Inc. and City of Lubbock CIVIC L CK INC. President ATTEST: Secreta Page 2 of 2