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HomeMy WebLinkAboutResolution - 4351 - Agreement - Lubbock Heritage Society - Moving SPPEC Building To KN Clapp Park - 01/13/1994Resolution No. 4351 January 13, 1994 Item #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 an Agreement between the City of Lubbock and Lubbock Heritage Society for moving the St. Paul's on the Plains Episcopal' Church building to K. N. Clapp Park. Said 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 this 13th ATTEST: Betty NV Johnson, Uty Secretary APPROVED AS TO CONTENT: Sally Stil Abbe, Assistant Planner APPROVED AS TO FORM: _ day of January , 1994. Linda L. Chamales, Assistant City Attorney LLC:js/AGMT-LHS.RES ccdocs/January 4, 1994 STATE OF TEXAS § COUNTY OF LUBBOCK § AGREEMENT Resolution No. 4351 January 13, 1994 Item #7 WHEREAS, the CITY OF LUBBOCK, a home rule municipality located in Lubbock, Lubbock County, Texas; and the LUBBOCK HERITAGE SOCIETY, a nonprofit corporation located in Lubbock, Texas, organized in the public interest and for the purpose of preservation of the history, cultural heritage and architecture of Lubbock and the surrounding area; desire to make an agreement for the relocation, renovation, and maintenance of the structure known as St. Paul's on the Plains Episcopal Church building. WHEREAS, the 1913 St. Paul's on the Plains Episcopal Church building, the oldest existing public building in Lubbock, is endangered on its current site; and WHEREAS, the building can be adapted for use as a wedding chapel and meeting room if it is moved to K. N. Clapp Park; and WHEREAS, Lubbock Heritage Society holds title to said building and has agreed to move the building and restore it at its new location; and WHEREAS, the City has determined that it is in the best interest of the citizens of Lubbock to relocate the building to be used for park purposes in K. N. Clapp Park which is a City of Lubbock park located at 4215 University, Lubbock, Texas; NOW, THEREFORE, this Agreement is made between the City of Lubbock ("City") and Lubbock Heritage Society ("LHS"): 1. LHS agrees to raise funds and/or acquire donated professional services and material to move the St. Paul's on the Plains Episcopal Church building presently located at 1609 Avenue Q, Lubbock, Texas, to K. N. Clapp Park, 4215 University, Lubbock Texas, in the vicinity of the Rose Garden near Hodges Community Center. 2. LHS agrees to provide funds and oversight to renovate and restore the property to its 1913 appearance according to accepted historic preservation principles. 3. LHS agrees to seek for the structure designation as a Lubbock Historic Landmark through the Urban Design and Historic Commission. 4. City agrees to make available its resources to assist with the moving including but not limited to traffic control and minor site preparation for the building. 5. LHS and City agree to form a committee consisting of three (3) representatives from LHS, three (3) City staff members, one (1) member from the Arboretum Foundation, two (2) members from the Urban Design and Historic Commission, and one (1) member from the adjacent neighborhood association, to oversee moving and restoration of the building. 6. It is the understanding of both parties that the Lubbock Memorial Arboretum Foundation has agreed to construct the Georgia Williams Garden, for which funds are already available, adjacent to the restored church and include landscaping of the church itself in that project. 7. LHS agrees to transfer title of St. Paul's Church to City when renovation and restoration of the structure is complete. 8. Upon transfer of title, City agrees to maintain the building as a historic structure. It is anticipated that the building will be used as a park rental facility and that the rental revenues will defray routine maintenance costs. 9. Both parties agree to be responsible for the actions of their own members, agents, volunteers and employees and to hold the other party harmless from any damages, claims or liability of any nature whatsoever stemming from their own activities undertaken pursuant to this Agreement. 10. It is further agreed that LHS shall have no authority to bind the City in any way or to incur any indebtedness or liability on behalf of the City or to place or permit the placing of liens on City property. 11. This Agreement was made and shall be construed in accordance with the laws of the State of Texas. 12. If any provision contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, the invalidity shall not affect any of the other provisions of this Agreement. AGREEMENT/LUBBOCK HERITAGE SOCIETY - PAGE 2- 13. In addition, LHS understands and agrees that this Agreement is subject to the City's right of control over its parks, and this Agreement shall always be interpreted accordingly. ACCEPTED AND AGREED TO this 13th day of .January , 1994. • g= I S'AVID R. LANGJON MAYOR ATTEST: . &t�, Jc�,� Betty M. Johns City Secretary APPROVED AS TO CONTENT: S Sally St' Abbe Assistant Planner APPROVED AS TO FORM: Linda Chamales Assistant City Attorney LLCJs(AGMT-LHS.WPD W-Contracts,Agreements LUBBOCK HERITAGE SOCIETY LEE C NLEY PRESIDENT AGREEMENT/LUBBOCK HERITAGE SOCIETY - PAGE 3-