HomeMy WebLinkAboutResolution - 2020-R0327 - Duran Park Dream Court AgreementResolution No. 2020-RO327
Item No. 7.22
September 22, 2020
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 License Agreement to utilize Duran Park for the purpose of
installation of a Dream Court, by and between the City of Lubbock and Nancy Lieberman
Charities of Dallas, Texas, and all related documents. Said License 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 on September 22, 2020
DANIEL M. POPE, MAYOR
APPROVED AS TO CONTENT:
Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
Rya Br <e, Assistant City Attorney
RES.License Agrmt. Dream Court -Duran Park
9.16.20
Resolution No. 2020-RO327
LICENSE AGREEMENT
TEIIS LICENSE, entered into this 22nd day of September , 2020, between the City of
Lubbock, 'texas, a 'texas 1-lome Rule Municipal Corporation ("City") through its Parks and
Recreation Department, and Nancy Lieberman Charities (NIX) ("Licensee").
WITNESSET11
W HE'REAS, the Licensee desire to promote the sport of basketball, community, and
police and community relations; and,
WHEREAS, the Licensee desires the right and privilege to place a Dream Court at 26'1'
St K Kewanee Ave, which is owned by the City, and,
WHEREAS, the Licensee is willing to provide the equipment necessary for a Dream
Court basketball court, and willing to install such equipment and paint the basketball court, and,
WI-IFREAS, the City desires to make the sport of basketball available to the public at
Duran Park and is honored to be a recipient of a Dream Court, and finds that it is in the public
interest for the Licensee to do so
NOW, THEREFORE, in consideration of the terms and conditions hereinafter set forth,
to be kept and performed by the respective parties, IT IS AGREE ) AS FOLLOWS.
LICENSE GRANTED
In consideration of the mutual covenants and terms of this license, and of other good and
valuable consideration, the City hereby grants, upon the ternis and conditions set forth in this
License, a license to Licensee for the sole purpose of installing new basketball court equipment
and painting the basketball court, at Duran Park in accordance with the terms and provisions set
forth herein. Duran Park is owned by the City and located at 16"' St. R Kewanee Ave., Lubbock,
TX 79.101
2. LICENSE TERM
The term of this license shall be for 90 days beginning on the date of the execution of this
License by the City and ending on the ninetieth day, unless renewed or terminated sooner as
provided in this License (the "Primary "Term' ).
3. OWNERSI IIP of II�iPRC)VF;�1EN'TS
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Any and all improvements constructed, placed, and located on any part of the Duran Park
basketball court during the term to this license shall be considered part of the real property and
must remain at Duran Park. Further, subject to the terms of this License, said real property
becomes property of the City, from and after the termination of this License.
a. MAINTENANCE
The City shall be responsible for any maintenance after the Dream Court has been installed and
painted
5 ADVERTISING
Licensee shall have the right to procure and display advertising upon the surface of the Dream
Court in accordance with the renderings provided to and approved by the City Licensee shall
not, in procuring, installing, or displaying advertisement, violate any person's right to privacy or
infringe upon trademarks, trade names, copyrights, or proprietary rights of any person It is
understood and agreed that any approval by the City of advertising material shall not constitute a
waiver of Licensee's obligations concerning such violation or infringement. The Licensee agree
to indemnify and hold the City harnlless with respect to all claims alleging such violations,
without cost to the City
0. ACCESS
During the terns of this License, and any renewals thereof, the City grants the Licensee access to
Duran Park basketball court for the purpose of installing and painting the Dream Court during
normal park hours, except when the area of the park containing the equipment is reserved to a
group for exclusive use, when the Cite is perfOrming a maintenance function requiring closure of
the park, or during an unforeseen emergency.
The Licensee agree that the Dream Court at Duran Park will be available to file public at no
charge during nonnal park hours, except when the City has reserved the area for exclusive use.
7 LOCATION OF EQUIPMENT
The Licensee agree that the location of any improvements must be approved by the City.
8. C'OMPLiANCE: k ITII APPLiCABLI LAWS
The Licensee shall comply with all applicable federal, state and local laws, statutes, ordinances,
rules and regulations relating, in any way, planner or form, to the activities under this License,
and any amendments thereto during the course of installing and painting the Dream Court at
Duran Park
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INDENINHA' AND iM.EASE
LICENSEE SIIAL L INDEMNIFY AND SAVE HARMLESS 'I'llE CITY OF LUBBOCK
AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND E NIPLOYEES FROM
ALL. SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANN'
KiND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING
THE GENERALITY OF 'TILE: FOREGOING, ALL EXPENSES OF LITIGATION,
COURT COSTS, AND A'I"I'ORNE V'S FEES, FOR INJURY OR DEATH TO ANN'
PERSON, OR INJURY TO ANN' PROPERTY, RECEIVED OR SUS'TAiNED BY ANY
PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF,
RELATEDTO OR OCCASIONED 13Y, 'TIDE NE:GLIGE:NT ACTS OF LICENSEE, ITS
AGENTS, EMPLOYEES, AND/Olt SUBCONSUI;TANTS, RELATED TO THE
PERFORZIANCE, OPE:RATiONS OR OMISSIONS UNDERTHIS LICENSE AND/OR
'T IlE: USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEANINITY
OBLIGATION PROVIDED HEREIN SHALT, SURVIVE THE; EXPIRATION OR
TERMINATION OF TINS LICENSE:.
PROCEEDINGS BROUGHT AGAINST 'THE CITY AND/OR TIIE CI'T'Y'S
RI:SPE:C'TIVE
OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS ON ACCOUNT
OF ANY SUCH CLAIM, AND, INI;ENINI"T'Y PROVIDED
IIE'RE;IN. TO PAY OR DISC'HARCE'THE FULL AMOUNT OR ORLIGA'T'ION OF ANN'
SUCH CLAIM INCURRED BY, ACCRUING TO, OR IMPOSED ON THE CI'TI, OR
THE C'I"TY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS
AND/OR AGENTS, AS APPLICABLE, RESULTING FROM ANY SUCH SUITS,
CLAIMS, FIND/Oil ADMINISTRATIVE PROCEEDINGS Oil ANN' MArrE'RS
RESULTING FROM 'TIIE SETTLEMENT OR RESOLUTION OF SAiD SUITS,
CLAIMS, AND/OR ADIMINIS'TRATIVE PROCEEDINGS. iN ADDITION, LICENSEE
SHALL. PAY TO THE CITY, THE CITY'S RESPE:Ci'IVE OFFICERS, ENIPL.OYEES,
ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE, REASONABLE AND
NECESSARY A'TTORNEY'S FEES INCURRED BY SUCH PARTIES IN ENFORCING;
LICENSEE'S INDEMNITY IN THIS SECTION. THE CITY, AND ITS RESPECTIVE;
OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, SHALL NOT BE;
LIABLE:, AND LICENSEE HEREBY RE LEASES THE: CITY, AND ITS RESPECTIVE
OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FOR, FROM
AND/OR AGAINST ANY AND ALI, LOSSES, DAMAGES, CLAIMS OR LIABILITIES
TO LICENSEE, ON ANY THEORY OF LEGAL LIABILITY, INCLUDING, BUT NOT
LIMITED TO TIIE NEGLiGE:NCE, OF ANY "TYPE OR DEGREE, OR FAULT, OF THE
CiTY, AND/OR ARISING FRONT OR RELATED TO IN ANN' WAY, `'TANNER Olt
FORM, THE UNENFORCEABiLITY OR VOIDANCE, FOR ANN' REASON, OF ALL
OR ANY PART OF THIS LICENSE.
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THE INDEI INI'TY AND RELEASE PROViDED HEREIN SHALL. SURVIVETHE
TERMINATION Olt VOIUAN(T Or THIS LICE.NSE.
10. INSURANCE,
Licensee shall procure and carry, at its sole cost and expense through the life of this License in
torn and substance satisfactory to City, carried with an insurance company authorized to transact
business in the state of 'Texas, covering all aspects and risks of loss of all operations in
connection with this License, including without limitation, the indeninity obligations set forth
herein Licensee shall obtain and maintain in full force and ewect during the term of this License
public liability insurance with insurance carriers admitted to do business in the state of 'Texas.
The insurance companies must carry a 13cst's Rating of A-ViI or better The policy will be
written on an occurrence basis, subject to the following minimum limits of liability:
Public Liability:
11cr Occurrence Single Limit: $1,000,000
The City shall be listed as a primary and noncontributory additional insured with respect to the
Public Liability and shall be granted a waiver of subrogation under the policy. Licensee shall
provide a Certificate of insurance to the City as evidence ofcoverage
The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured
endorsement and waiver ofsubrogation attached to the policy shall be included in the Certificate.
If at any time during the life of the License or any extension hereof, Licensee fails to maintain
the required insurance in full force and effect, licensee shall be in breach hereof and all work
under the License shall be discontinued immediately.
Notwithstanding anything contained herein to the contrary, the public liability policy shall he
maintained at Licensee's sole cost and expense. The retroactive date shall be no later than the
commencement of the performance of this License and the discovery period (possibly through
tail coverage) shall be no less than 10 years after the completion of the Services provided for in
this License. The provisions of this Article shall survive the termination or expiration of this
License
I 1 DEFAl1LT
in the event the Licensee shall tail to perforni any of the obligations called for herein on its part
to be perforned, and upon receiving written notice of such deficiency by the City, and upon the
Licensee's failure to cure such deficiency within fifteen (15) days after receipt of such notice,
then the City may, by written notice to the Licensee. ternninate this License.
12. NO WAIVER
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No failure to exercise, and no delay in the exercise on the part of the City, 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 the City
hereunder shall be in addition to all other rights provided by law.
11 NOTICE
Any notice required or permitted to be given herein must be given in writing and must be
personally delivered, delivered by telephone 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-
Attn. Colby VanGundy
Citv of Lubbock
P O. Box 2000
Lubbock, TX 79457
Telephone. 806-775-2671
Licensee:
Ann Nancy Lieberman
Nancy Lieberman Charities
P.O. Box 261233
Plano, TX 75026
"telephone- 972-473-2121
AIIN' 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. Any party may change its address for purposes of this
License by giving notice of such change to all other parties pursuant to this section.
14 RENEAVAL
This License may be renewed for one additional ninety 00) day term, by written agreement
between the City and Licensee, in order to complete any work not completed in the Primary
'Perm
15 ASSIGNABILITY
This license is personal to licensee Licensee shall not assign or sublet this license, without the
consent of City. Any attempt to assign or sublet this license, without the consent of City, shall
terminate the license granted herein
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16. CONTROL OF CITY
The City shall retain all powers placed in it, which are non -delegable, No provision of this
License shall be construed as delegatinE; any non -delegable right, power or duty of the City, and
in the event of a conflict between this section and any other term or provision of this License,
this section shall control and such conflicting term or provision shall be void and of no force and
effect.
17 RELAT'EONSHIP OF THE PARTIES
The relationship between the City and Licensee is at all times solely that of licensor and licensee,
and may not be deemed, in any event, it partnership or a joint venture
18. CONSTRUCTION AND VENUE
THIS LICENSE SHALL BE' GOVERNED BY AND CONSTRUED IN ACCORDANCE- WITH
TT"lE: LAWS OF THE; STATE OF T E.XAS. THIS 1,10"NSF, IS PERFORMABLE IN
LUBBOCK COUNTY, TEXAS 'T HF. PARTIES IlERE TO HERE:BY IRREVOCABLY
CONSE NT TO THE SOLE: AND EXCLUSIVE JURISDICTION AND VENUE: OF THE
COURTS 01' COMITTENT JURISDICTION OF 'fl1E ST'rvTi: 01., TExAS. COUNTY 01'
LUBBOCK, E'OR T'I IF, Pl iRPOSI:S OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR
RELATING TO THIS LI(ENSE: Olt THE. ACTIONS THAT ;ARE CONTEMPLATED
IIE:RE13It'
11), NON -ARBITRATION
The City reservers 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 Agreement, this provision
shall control.
?U. SEVERABILITY
If any provision of this License is ever held to be invalid or ineffective by any court of competent
jurisdiction with respect to any person or circumstance, the remainder of this License, and the
application of such provision to persons and/or circumstances other than those with respect to
which it is held invalid or ineffective, shall not be affected thereby.
Page 6 of 8
21 LICENSES SUPERSEDED
This License constitutes the parties' sole license and supersedes any prior understandings or
written or oral Licenses between the parties vvith respect to the subject matter hereof
22. AMENDIM NT
No amendment, modification, or alteration of this License is binding, unless in writing, dated
subsequent to the date of this License, and duly executed by the parties
23 C'AP'TI0NS
Section captions are for convenience only and shall in no way affect the interpretation of this
License.
24. I NTiRE AGREEIN-1EN'T
Phis License contains the entire agreement bet«-een the City and Licensee, and there are no other
\ ritten or oral promises, conditions, warranties, or representations relating to or affectin.► the
matters contemplated Herein
25 BINDING ETTE:C"T
This License shall inure to the benefit of and he binding upon the parties hereto, their respective
strc:cessors, heirs, devised`, and as`ic!ns
26, TIME* OT E SSI:NC'I
Time is of the essence in this License and all obligations shall be performed in a timely manner.
27 TERMINATION UT LICENSE.
License may be terminated for an\, reason, by the City upon 30 days written notice to Licensee.
28 LICENSF
The intent of this License is to grant a license to Licensee to utilize Duran Part: basketball court
solely for the purposes described herein. This License shall not be construed, in any way, manner
or form, as a lease of Duran Park basketball court or as conveying to Licensee any interest in the
real property comprising Duran Park basketball court.
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IN WITNESS WIfERE OF, the parties hereto have executed this License the day and year first
above written
EXECUTED and effective as of the date of the execution by the City of Lubbock.
CITY 01: Lf IIIIOCK. I I,N,\S
II1 V`- 4
DAM11I \1 110111 AYOI\
\ I l til
A4Y1 0-ove
Rebecca (�;n ia, C'iu tirri ci;u�
APPROV'I D rAS'10 CON I I \ I
Blooke \\ itcher, Assistant ('it\ Manager
APPROVED AS TO FORM
RcM Hmi , Assis and OIN AM
I'm I,& Rco D,cnw C"mI I'm6
v i?u
NANC'Y LIG13Ii11MAN UN ITIES
f
131' l p A,
N;utcc I iebetpun. President& Founder
i
Nance I.icbe an CharitiO
"II I " i t ' I%('
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