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HomeMy WebLinkAboutResolution - 5101 - Agreement - Melonie Park Club House - City Of Lubbock Elections - 02/08/1996Resolution No. 5101 February 8, 1996 Item #31 RESOL11TION 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 an Agreement for Use of Melonie Park Club House for City of Lubbock Elections, attached herewith, by and between the City of Lubbock and Melonie Park Club House, and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of February , 1996. r AVID R. LAKGSTON, (MAYOR ATTEST: 61-1� it r -'V -45"i Betty M. Johns n, City Secretary APPROVED AS TO FORM: 7 j D ald G. Vandiver, First Assistant City Attorney DGV : da/ccdocs/a-meioni. res January 30, 1996 Resolution No. 5101 February 8, 1996 Item 431 STATE OF 'TEXAS § AGREEMENT FOR USE OF § MELONIE PARK CLUB HOUSE COUNTY OF LUBBOCK § FOR CITY OF LUBBOCK ELECTIONS Pursuant to Sections 43.001, 43.004 and 43.031 (d) of the Election Code, this agreement concerns City of Lubbock's use of the Melonie Park South Club House located at 3426 74th Street, Lubbock, Texas for all general and specific elections called by the City of Lubbock. Parties to the agreement are the City of Lubbock and the Melonie Park South Club House. Hereinafter, parties will be referred to as "the City" and "Melonie Park." CONSIDERATION The consideration for this agreement is the mutual benefit and agreements by the parties as set out below. CITY RESPONSIBILITIES The City will provide Melonie Park with a schedule of regular elections called by the City in January of each year as well as notify Melonie Park of all specially scheduled elections at least six weeks in advance of such elections. 2. The City will pay Melonie Park a $100.00 deposit at least three days prior to any election for each use of the Club House. 3. The City will be represented by at least three employees at each election. 4. The City assumes all responsibility for any damages done to the premises that are proven to be a result of the City's use. The City will leave the premises in the same or similar condition that existed prior to its usage by cleaning the premises within 12 hours of the completion of the election. The City will: a. Remove all garbage from the building and empty the trash containers into the dumpsters near the facility. b. Sweep the floors, vacuum the carpet, and mop up spills with a damp mop. C. Replace all tables and chairs to the designated storage area in the club house. d. Wipe off the stove, refrigerator, and counter tops. e. Turn off the lights and stove. f. Lock all doors securely. g. Remove all advertisements and election pickets from the premises during and after the election. 6. The City will be responsible for conduct of its representatives and agents during the election. 7. The City will return the key to the Club House within three days after each election. 8. The City will make the premises accessible to the elderly and physically handicapped as necessary and as required by TEXAS ELECTION CODE Sec. 43.034. MELONIE PARK SOUTH'S OBLIGATIONS Melonic Park will make the Melonie Park Club House available for all general and special City elections held in Precinct 75. 2. Melonic Park will make the key to the Club House available to election Judge or his/her representative at least 24 hours prior to the election. 3. Melonie Park will make at least two tables and four chairs available for each election. 4. Melonie Park will reschedule any previously scheduled events that may conflict with election dates. Melonie Park will make restrooms available on the premises at each election. 6. Melonie Park will have the opportunity to inspect the premises for any damages resulting from the City's use within 12 hours of the election. 7. Melonie Park will notify City of any alleged damages resulting from the City's use, will specify those damages in writing and may, upon City's acknowledgment of those damages, deduct the amount of damages from the deposit. Melonic Park will return the deposit in full or in part (pursuant to #2) at least five days after the election. SEVERABILITY If any term or provision of this agreement is held to be invalid for any reason, the invalidity of that section shall not affect the validity of any other section of this agreement. The remaining provisions of this agreement shall continue in full force and effect and shall in no way be affected, impaired, or invalidated. AGREEMENT FOR USE OF MELON 1E PARK CLUB HOUSE FOR CITY OF LUBBOCK ELECTIONS Page 2 INDEMNIFICATION Each party shall indemnify and hold harmless the other with respect to all claims, costs, and expenses (including attorneys' fees) arising from the negligence or misconduct of the indemnifying party or its agents with respect to provision of services pursuant to the agreement, insofar as allowed by the laws and the constitution of the State of Texas. ASSIGNMENT Neither party under this agreement shall have the right to assign or transfer its rights to any third party. TERMINATION This agreement shall become effective upon execution and shall remain in effect unless terminated by 90 days prior written notice from either party. CUTED this 8th day of February A.D. 1996. AVID R. LANGSTON, MAYINR ATTEST: Betty M.ohnson, ty Secretary APPROVED AS TO FORM: Dt ald G. Vandiver, First Assistant City Attorney DGV:da/cityatVa-meloni.doe January 30, 1996 AGREEMENT FOR USE OF MELONIE PARK CLUB HOUSE FOR CITY OF LUBBOCK ELECTIONS Page 3