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Home My WebLink AboutResolution - 2017-R0140 - Lubbock Entertainment And Performing Arts Association (LEPAA) Shared Parking - 04/13/2017Resolution No.2017-R0140 Item No.6.25 April 13,2017 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock,a Shared Parking Lease Agreement and related documents by and between the City of Lubbock and the Lubbock Entertainment and Performing Arts Association (LEPAA)for the joint use of a parking area adjacent to the Buddy Holly Hall of Performing Arts and Sciences.Said Shared Parking Lease Agreement is attached hereto and incorporatedin this resolutionas if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Councilon April 117.017 ATTEST: ACC^c Rebecca Garza,City Secreta APPROVED AS TO CONTEN ^c^V l/A Scott Snider,Assistant City Manager APPROVED AS TO FOI Justin P ssistant (Sity Attorney DANIEL M.POPE,yMAYOR ccdocs/RES.Agreement - Lubbock Entertainment and Performing Arts Association - SharedParkingLease Agreement March 30,2017 Resolution No. 2017-RO140 SHARED PARKING LEASE AGREEMENT THIS SHARED PARKING LEASE AGREEMENT (the "Agreement") is made by and between the City of Lubbock, Texas, a State of Texas municipal corporation (the "City") and the Lubbock Entertainment and Performing Arts Association, a State of Texas nonprofit organization ("LEPAA'), (each considered a "Party," and considered collectively as the "Parties"), acting by and through their respective and duly authorized officers and officials, and is hereby entered into by the Parties on April 17 , 2017 (the "Effective Date"). THE PARTIES, FOR GOOD AND VALUABLE CONSIDERATION, AGREE AS FOLLOWS: Article 1. The LEPAA Parking Area. Subject to the terms hereof, LEPAA authorizes the joint use by the Parties of the parking area that will be constructed and maintained by LEPAA on approximately four and a half (4.5) acres of land generally located on the easternmost portion of the area bordered by 4' Street and Marsha Sharp Freeway on the north, Avenue O on the west, Mac Davis Lane on the south, and the Buddy Holly Hall of Performing Arts and Sciences (the "Performing Arts Center") on the east (the "LEPAA Parking Area"). The Parties' joint use of the LEPAA Parking Area shall be at no cost to the Parties, shall be non -preferential, and shall be for the sole purpose of public parking during either of the Parties' events near the LEPAA Parking Area. The LEPAA Parking Area is more specifically described and depicted in "Exhibit 1" of this Agreement. Article 2. The City Parking Area. Subject to the terms hereof, the City authorizes the joint use by the Parties of the parking lot located at the Lubbock Memorial Civic Center (the "City Parking Area"). The Parties' joint use of the City Parking Area shall be at no cost to the Parties, shall be non -preferential, and shall be for the sole purpose of public parking during either of the Parties' events near the City Parking Area. The City Parking Area does not include any existing or future City -owned parking lot located off the Lubbock Memorial Civic Center property. The City Parking Area is more specifically described and depicted in "Exhibit 2" of this Agreement. Article 3. The Term. This Agreement shall become binding on the Effective Date and shall remain in effect through December 31, 2037. The Term may be extended with written authorization of the City Council. Article 4. Ouarterly Event Coordination. Each Party will provide a quarterly update to the other Party that lists the Party's planned events that might affect the Parties' joint use of the LEPAA Parking Area and the City Parking Area. The quarterly updates shall be provided by each Party no later than January 10, April 10, July 10, and October 10 of each year, with each update detailing the planned and expected events that will occur prior to the next quarterly update. Based upon the quarterly update, the Parties shall develop a quarterly plan for the joint use of both the LEPAA Parking Area and the City Parking Area. If a Party should schedule an event not included in its quarterly report, then that Party shall immediately inform the other Party in order to ensure the joint use of the LEPAA Parking Area and the City Parking Area. The Parties may adopt an update schedule other than the schedule considered in this Article upon approval by the City Manager. Article 5. Parking Area Maintenance. The City will maintain the City Parking Area at its own expense. LEPAA will maintain the LEPAA Parking Area at its own expense according to the terms Shared Parking Lease Agreement — City of Lubbock & LEPAA — 2017 Page 1 of the Commitment Agreement between the City and LEPAA, with such Commitment Agreement being made a part of this Agreement by reference. The City will not create or allow to be created any waste or nuisance on the LEPAA Parking Area caused by the City's use of the LEPAA Parking Area. LEPAA will not create or allow to be created any waste or nuisance on the City Parking Area caused by LEPAA's use of the City Parking Area. Article 6. Future City Improvements. Nothing in this Agreement shall prevent the City from improving any land or property owned by the City at the time of, or subsequent to the Effective Date of, this Agreement. If the City should so improve any of its property, and should such improvement interfere with LEPAA's joint use of the City Parking Area, then this Agreement shall not terminate and the Parties' joint use of the LEPAA Parking Area shall continue without interruption. However, if the City should improve its property as contemplated under this Article, and should such improvement affect the availability of the parking at the City Parking Area, then this Agreement shall be immediately suspended and shall not become reactivated until such time as the City has amended this Agreement through a resolution passed by the City Council of the City. Any suspension of this Agreement under this Article shall neither extend nor otherwise have any effect on the Term of this Agreement. Article 7. Access to City Property. This Agreement shall have no effect on the City's ability to have free and uninterrupted access at all times to City -owned property near the LEPAA Parking Area including, but not limited to, the City's ability to access the Physical Plant located adjacent to the LEPAA Parking Area. The property associated with the Physical Plant is filrther depicted and described in "Exhibit 3" attached to this Agreement. Article 8. Termination. Either Party may terminate this Agreement for cause by providing written notice of such termination to the other Party at least thirty (30) days prior to the effective date of termination, with such notice allowing the cure of the cause of termination within a reasonable time. Article 9. Service of Notice. Any notice required by this Agreement shall be deemed to be properly served if deposited in the U.S. mail by certified letter, return receipt requested, addressed to the recipient at the recipient's address shown below, and subject to the right of either Party to designate a different address by notice given in the manner just described. For the City: City Manager City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2016 For LEPAA: Chairman Lubbock Entertainment & Performing Arts Association 1500 Broadway, Suite 1254 Lubbock, Texas 79401 (806) 773-5650 The Parties acknowledge and affirm that no department of the City has the legal authority to enter into any contract of any type or nature in the name of the department or to accept any legal notice on behalf of the City. Shared Parking Lease Agreement — City of Lubbock & LEPAA — 2017 Page 2 Article 18. Insurance Requirements. LEPAA, and any contractor or subcontractor of LEPAA, shall obtain and maintain all insurance coverage required by the City at all times while this Agreement is in effect. Article 19. Sovereign Immunity Acknowledged and Retained. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE BY OPERATION OF LAW. THE CITY RETAINS ALL GOVERNMENTAL IMMUNITIES. Article 20. Authority to Amend. This Agreement may be amended by either Party in writing as approved by the City Council. The Parties execute and enter into this Agreement on April 13, 2017 FOR THE CITY: DANIEL M. POPE, MAYOR ATTEST: Reb cca Garza, City 'SecretaU SIGNATURES FOR LEPAA: Tim Collins, Chairman Shared Parking Lease Agreement — City of Lubbock & LEPAA — 2017 Page 4 APPROVED AS TO CONTENT: V�I( Scott Snider, Assistant City Manager APPROVED AS TO FORM: Shared Parking Lease Agreement — City of Lubbock & LEPAA — 2017 Page 5 Exhibit 1— The LEPAA Parking Area HUCDO F:�EE[D AN`� ASSOCIATES, INC. I E.A. Togo I I sos1— TEXAS REGISTERED ENGINEERING FIRM F-700 \L\ _ TE%AS LICENSED SURVEYING FIRM 1D08TS-OS LANE) SURVEYORS CIVIL E:"(--[N E E R S LEPAA Property — Metes & Bounds Description METES AND BOUNDS DESCRIPTION of a portion of Lot 1-A, Block 1 and a portion of Lot 1-B, Block 1, Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under County Clerk File Number 2017013164 of the Official Public Records of Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap marked "HRA" found in the South right-of-way line of the Marsha Sharp Freeway as described in Volume 7235, Page 120 of the Real Property Records of Lubbock County, Texas, being the Northeast corner of Lot 1-A, Block 1, and the Northwest corner of Lot 2-A, Block 1, Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under County Clerk File Number 2017013164 of the Official Public Records of Lubbock County, Texas, for the Northeast corner of this tract; THENCE S. 01041'14" W., along the Eastern boundary of said Lot 1-A, and the Western boundary of said Lot 2-A, at 481.33 feet pass the most Easterly Southeast corner of said Lot 1-A same being the Northeast corner of Lot 1-B, said Memorial Center Addition, continuing along the Western boundary of said Lot 2-A, and along the Eastern boundary of said Lot 1-B, for a total distance of 547.27 feet to a 1/2" iron rod with cap marked "HRA" set for the most Easterly Southeast comer of this tract, from whence a 1/2" iron rod with cap marked "HRA" found at the Southeast corner of said Lot 1-B bears S. 01 G41' 14" W. a distance of 89.24 feet; THENCE N. 88018'46" W. a distance of 161.23 feet to a 1/2" iron rod with cap marked "HRA" set for an "ell" comer of this tract; THENCE S. 01 G41' 14" W. a distance of 89.24 feet to a 1/2" iron rod with cap marked "HRA" set in the North right-of-way line of Mac Davis Lane as dedicated by plat recorded in Volume 5, Page 384 of the Deed Records of Lubbock County, Texas, and the Southern boundary of said Lot 1-B, for the most Southerly Southeast corner of this tract, from whence a 1/2" iron rod with cap marked "HRA" found at the Southeast corner of said Lot 1-B bears S. 88018'46" E. a distance of 161.23 feet; THENCE N. 88018'46" W., along said North right-of-way line and the Southern boundary of said Lot 1-B, a distance of 156.77 feet to a 1/2" iron rod with cap marked "HRA" set for the Southwest corner of this tract; THENCE N. 01041114" E., at 26.99 feet pass a point in the Northern boundary of said Lot 1-B, continuing for a total distance of 458.23 feet to a 1/2" iron rod with cap marked "HRA" set for a point of curvature; THENCE Northwesterly, along a curve to the left, said curve having a radius of 99.50 feet, a central angle of 25057'39", tangent lengths of 22.94 feet, a chord distance of 44.70 feet and a chord bearing of N. 119756" W. to a 1/2" iron rod with cap marked "HRA" set for a point of tangency; THENCE N. 24016'26" W. a distance of 117.49 feet to a set 1/2" iron rod with cap marked "HRA"; THENCE N. 0I041'14" E. a distance of 30.00 feet to a 1/2" iron rod with cap marked "HRA" set in the said South right-of-way line of Marsha Sharp Freeway and the Northern boundary of said Lot 1-A, for the Northwest corner of this tract; THENCE S. 88010'30" E., along said South right-of-way line and the Northern boundary of said Lot 1-A, a distance of 379.48 feet to the Point of Beginning. .1 t)T7C73:lnvr!<rn�olrr;�!ilrispro+IArdforinq r.-+'-rIu�o,ts�Iudi;,.I•erbll,-.-n lsclllrl-,�,G. zi l�=..i..un:lll:.I�,lnu �dl of F+I oo IL,A u'IiJVI:u:-+_;II Lr �, �.la.-,�ii.;a.cra: .'. dl� I, rripl•d dr.n�lpiiorr gnrn�rz;_ � - Shared Parking Lease Agreement — City of Lubbock & LEPAA — 2017 Page 6 FUTURE PARKING GARAGE -r—_--- Al I ' i 1 ♦♦ i 1 1 I I ♦♦ {ty �Gll / ♦ _ I - 'HIS DOCUMENT IS RELEASED ON FEB 16, 2017 \\ FOR THE PURPOSE OF INTERIM REVIEW UNDER YARSHA SN.IRP FREEWAY \ THE AUTHORITY OF MIKE W MOSS, R A.. TEXAS LICENSE 2113 IT IS NOT TO BE USED FOR REGULATORY APPROVAL, CONSTRUCTION, BIDDING OR PERMIT PURPOSES PARKHILL, SMITH&COOVER, .NC Cap_ t ��44 GENERAL NOTES PROPERTY 18595550SR4 27 ACRES LANDSCAPE 34 859 SFt0 80 ACRES (18 6%) TOTAL PARKING 430 I II 'C -� r �--� 5% LANDSCAPE. 9,297. 78 SF10.21 ACRES 10% LANDSCAPE 18.595 55C 43 ACRES t r d V _ � 1 50i, 5D ---.I.. ._... .._. TENT I' PARKHILL SMITH &COOPER .� BUDDY HOLLY HALL OF PERFORMING ARTS AND SCIENCES Q O PARKING LAYOUT -OPTION 2 Lubbock Entertainment/ U8BOCK TEXAS a Ica 2ca NORTH Plo(ect No 866915 Date 215 n Performing Arts Association ^U m OQ r9 J r Exhibit 2 — The City Parking Area UT •. Mir w. Area Excluded From This Agreement k:3 L-; The City Parking Area Exhibit 3 — The City's Physical Plant HUGO REED AND ASSOCIATES, INC. ' ' 02USS.YS3ISIY 1601 AVENUE N 1 LUBBOCK, TEXAS 79401 / 8061763-6642 / FAX 8061783-3891 N A TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100876-00 L-ANO SURVEYORS CIVIL ENGINEERS CITY TRACT (PHYSICAL PLANT) METES AND BOUNDS DESCRIPTION of a portion of Lot 1, Block 1, Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 1349, Page 521 of the Deed Records of Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the North right-of-way line of Mac Davis Lane as dedicated by plat recorded in Volume 5, Page 384 of the Deed Records of Lubbock County, Texas, which bears S. 88D18'46" E. a distance of 462.49 feet from the most Southerly Southwest comer of said Lot 1, Block 1, Memorial Center Addition, for the Southwest corner of this tract; THENCE N. 01 D41' 14" E. a distance of 89.24 feet to a 1/2" iron rod with cap set for the Northwest corner of this tract; THENCE S. 88018'46" E. a distance of 161.50 feet to a 1/2" iron rod with cap set in the Western boundary of a tract of land as described under County Clerk File Number 2015022810 of the Official Public Record of Lubbock County, Texas, for the Northeast comer of this tract; THENCE S. 01041'14" W., along the Western boundary of said described tract, a distance of 89.24 feet to a 1/2" iron rod with cap found in the North right-of-way line of said Mac Davis Lane, at the Southwest comer of said described tract, and the Southeast corner of this tract; THENCE N. 88018'46" W., along said North right-of-way line, a distance of 161.50 feet to the Point of Beginning; Contains 14,413 square feet or 0.3309 acres Bearings are Relative to Grid North, Texas Coordinate System 1983, North-Central Zone, (2011, epoch 2010.0). Distances are Surface, U.S. Survey Feet. VOTICF.:Thivelettwnielileivpruridr<lliir curn'a...<r pwp,u��und isu rerGarinr cn/rru/uc.•rrifrA Arrcriytion rrr«inrJ wr_Ne aillugn RerJ«ndde..rx�iutes. Lu. In uur ....... dicoepnnrc. the•cenilieddes 41ni—gnr...... Shared Parking Lease Agreement - City of Lubbock & LEPAA - 2017 Page 9