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HomeMy WebLinkAboutResolution - 2486 - Lease Agreement - TPWD - SHS, Lubbock Lake Site & Yellowhouse Canyon Park - 12/18/1986IrXC0 Resolution #24 December 18, 1 Item #18 LJM:js 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 a Lease Agree- ment by and between the City of Lubbock and the Texas Parks & Wildlife De- partment for a State Historic Site at the Lubbock Lake Site and Yellowhouse Canyon Park, attached herewith, which 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 rein in detail. Passed by the City Council this �/ day of 1986. B. C. MCMINN, MAYOR ATTEST: Ranett`e Boyd, City Secretary APPROVED AS TO CONTENT: Rita Har/mon, Assistant City Manager for Public Safety & Services APPROVED AS TO FORM: r; Xj_ Laura J. Mon oe, Assistant City Attorney LEASE AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: This Agreement made by and between the City of Lubbock, a Home Rule Municipality of Lubbock County, Texas, herein called "the City" and the Texas Parks and Wildlife Department, herein called "the Department"; WITNESSETH: WHEREAS, the City is the owner of the following real property: (a) A 111.06 acre tract of land out of Section 13, Block A, Lubbock County, Texas; and (b) A 95.27 acre tract of land out of Section 13, Block A, Lubbock County, Texas; and (c) A 202.82 acre tract of land out of Section 12, Block A, Lubbock County, Texas; and (d) A 68.56 acre tract of land out of Section 18, Block A, Lubbock County, Texas; and (e) A 22.43 acre tract of land out of Section 17, Block A, Lubbock County, Texas; all as more fully set forth in a "Plat of Surveys out of Sections in Block A, Lubbock County, Texas", which plat is attached hereto as Exhibit A and made a part of this Lease Agreement for all purposes; and WHEREAS, the City Council of the City of Lubbock, by Resolution duly passed on the 6th day of January, 1966, did dedicate to the public for park use all of the land owned by the City in Sections 12, 13, 17 and 18 of Block A, Lubbock County, Texas, a copy of said Resolution being attached to this lease agreement as Exhibit B and made a part hereof for all purposes; and WHEREAS, the 111.06 acre tract of land out of Section 13, Block A, Lubbock County, Texas, as shown on Exhibit A as Tract "A", was purchased by the City after the Resolution of January 6, 1966, above mentioned, but was, at time of purchase, acquired for park purposes with specific intent to complete the land purchases necessary for a regional park within the City, and WHEREAS, the 22.43 acre tract of land out of Section 17, Block A, Lubbock County, Texas, as shown on Exhibit A as Tract "E", was acquired through condemnation proceedings on the 30th day of August, 1967, which date was after the Resolution of January 6, 1966, above mentioned, but was, at the time of acquisition, acquired for park purposes with specific intent to complete the land purchases necessary for a regional park within the City; and WHEREAS, the City did enter into an agreement with the United States Department of the Interior, which agreement bears project number 42-00022, that for and in consideration of the United States Department of the Interior granting funds to the City to assist with the cost of land acquisition of Tracts "A" and "E" as set forth in Exhibit A that the City would acquire such tracts for park purposes; and WHEREAS, from the date of park dedication, and, as in the case of Tracts "A" and "E" as set forth in Exhibit A, from the date of acquisition, the City has operated the lands described as a public park under the designation of Yellowhouse Canyon Park; and WHEREAS, the City has developed a large athletic complex within Yellowhouse Canyon Park known as the "BERL HUFFMAN ATHLETIC COMPLEX" and undertaken other improvements within the park; and WHEREAS, there also exists within the park a site known as the Lubbock Lake Site, which site contains 29.156 acres of land, and which site, due to major archaeological discoveries, is of Statewide and National significance; and WHEREAS, the City and the Department wish to acknowledge and commend the efforts of Texas Tech University in assisting the City in the exploration and development of the site known as the Lubbock Lake Site; and WHEREAS, the City and the Department both contemplate that Texas Tech University will continue to explore and develop the site known as the Lubbock Lake Site under the general supervision of the Department; and WHEREAS, due to the major archaeological discoveries at the Lubbock Lake Site, approximately 300 acres of Yellowhouse Canyon Park, as shown on Exhibit A, have been designated a National Historic Landmark and 29.156 acres have been designated as a State Archaeological Landmark; and WHEREAS, due to the State and National importance attached to the Lubbock Lake Site area located within Yellowhouse Canyon Park, the Department is desirous of leasing from the City a tract of land containing approximately 307.315 acres, which tract includes the area known as the Lubbock Lake Site, as authorized by Sections 13.005 and 21.103, V.T.C.A.'Parks and Wildlife Code, for the purpose of establishing a State Historic Site, a unit of the State Park System; and WHEREAS, the Department and Texas Tech University have the ability and the expertise to develop the area which is the subject matter of this lease, for the benefit and enjoyment of the citizens of the City of Lubbock as well as the citizens of the State of Texas; and WHEREAS, the Department has indicated to the City a desire to develop the leased area as a State Historic Site so that such area may be more accessible to members of the general public; and WHEREAS, the Department will operate and maintain the area which is the subject matter of this lease as a State Historic Site open to members of the general public; and WHEREAS, because of the ability and expertise of the Department, the members of the general public will gain greater access to and enjoyment of the public park known as Yellowhouse Canyon Park; and WHEREAS, the City Council of the City of Lubbock finds that the use to be made of the area, which is the subject matter of this lease, is totally consistent with the use for which the property, as set forth in Exhibit A, was acquired and dedicated; and WHEREAS, the City Council of the City of Lubbock further finds that the Department, pursuant to Sections 13.005 and 21.103, V.T.C.A., Parks and Wildlife Code, has the authority to -2- acquire real property for park sites including property already dedicated to public use with the consent of the City; and WHEREAS, the City Council of the City of Lubbock by approval and execution of this lease agreement does hereby consent to the acquisition by lease by the Department of the area within Yellowhouse Canyon Park which area is the subject matter of this lease; and WHEREAS, the City Council of the City of Lubbock further finds as follows: (a) That the use to be made of the property that is the subject matter of this lease, by the Department is a public purpose; and (b) That the use to be made of the property that is the subject matter of this lease, by the Department is identical to the use for which the property was dedicated by the City; and (c) That, due to the expertise and ability of the Department and Texas Tech University, members of the general public will gain greater use and enjoyment of the park site known as Yellowhouse Canyon Park; and (d) That the execution of this lease is in the best interest of the citizens of the City of Lubbock; and (e) That by executing this lease agreement the site known as the Lubbock Lake Site contained within Yellowhouse Canyon Park and the major archaeological discoveries found or contained therein will be brought to the attention of and shared with a greater number of members of the general public both within the State of Texas and throughout the United States of America. I NOW THEREFORE, the City, acting by and through its MAYOR, who is duly authorized to execute this lease agreement, subject to the terms and conditions hereinafter set forth, does hereby lease to the Department and the Department does hereby lease from the City, the premises described in Exhibit C, attached hereto and made a part hereof for all purposes. These premises shall hereinafter be referred to as "the premises" or "the leased premises" and such reference shall be to the property described in Exhibit C above mentioned. II The consideration for this lease shall be the mutual covenants and agreements of the parties hereto as follows: 1. Term: The term of this lease shall be for a period of fifty (50) years from the date of its execution, unless terminated earlier in accordance with the provisions herein contained. 2. Right To Extend: For and in consideration of the sum of one dollar, paid by the Department to the City, receipt of which is hereby acknowledged, the Department shall have the right to extend this lease for a further period of fifty (50) years by giving the City written notice of the Department's intention to do so within the last two (2) years prior to the expiration of the lease term, but no later than six (6) months prior to the expiration of the lease term; said extension to be subject to the same terms and conditions as set forth herein. -3- 3. Park Purpose: The Department hereby acknowledges that the land, which is the subject matter of this lease, is part of the Yellowhouse Canyon Park which is a dedicated City park within the City and that the Department will make no use of the premises inconsistent with the dedicated use hereinabove mentioned. 4. Park Improvements: The Department hereby agrees, provided funds are available for such purpose, to undertake certain improvements within and upon the leased premises so that the area described in Exhibit C will be improved, developed and made more accessible for the members of the general public. By way of example only, such improvements may include the following: (a) Trails and pathways within the leased premises. (b) Restrooms and rest stops within the leased premises. (c) Construction and maintenance of a visitors center or similar public building where members of the general public can receive information concerning the Lubbock Lake Site and the leased premises. (d) Construction and maintenance of a theater where members of the general public may attend lectures on the historical significance of the leased area. (e) Other improvements which will develop and enhance the leased area for park purposes for the benefit of the general public. 5. Paramount Public Use: The City and the Department hereby agree that the use of the leased premises by the Department as a State Historic Site and the development and maintenance of the leased premises by the Department will best serve the interests of the general public by providing greater access and knowledge of the historical significance of the area and to this end the use to be made by the Department of the leased premises is the paramount public use of the area in question. 6. Deed Restrictions: The Department acknowledges and agrees that during the term of this lease or any extension thereof that it will comply with certain deed restrictions that are applicable to the State Archaeological Landmark, containing 29.156 acres, covered by this lease agreement. The deed restrictions were imposed by instrument dated the 12th day of December, 1974 and are attached hereto as Exhibit D and made a part hereof for all purposes. 7. Control of the Leased Premises: The Department, subject to the reservations hereinafter set forth, shall, upon the execution of this lease, enter upon the premises and take possession and control thereof and shall be responsible for the operation and maintenance of the premises. 8. Utilities: The Department shall pay or cause to be paid all charges for water, heat, gas, electricity, sewers, telephone and all other utilities used or to be used upon or in connection with the leased premises throughout the term of this lease or any extension of this agreement. The City further agrees to grant any and all utility easements necessary to serve the leased premises, however, due to the historical significance of the premises, the City agrees to exercise great care in granting such utility easements so that such easements will not unduly interfere with the historical significance of the leased premises; and to this end the City shall be guided by the the Department to see that the historical integrity of the leased premises shall be maintained and the Department agrees to cooperate with the City in this respect. -4- 9. Ownership of Buildings, Improvements and Fixtures: During the terms of this lease or any extension thereof the Department shall have the right to erect or construct any and all buildings, structures, improvements and fixtures that the Department deems appropriate for the development of the leased premises as a State Historic Site for the use and enjoyment of the general public or for the Department's use in connection therewith. During the term of this lease or any extension thereof the ownership of all buildings, structures, improvements or fixtures constructed, erected or installed by the Department shall remain with the Department, however, upon termination of this lease all such buildings, structures, improvements or fixtures shall become the property of the City, however, the Department shall have the right to remove any fixture which has not been so attached to the leased premises so as to cause damage to the leased premise or any building, structure or improvement existing upon the leased premises or a deterioration of the use of any such building, structure or improvement. 10. Duty to Maintain and Repair: At all times during the term of this lease or any extension hereof, the Department will keep and maintain, or cause to be kept and maintained, all buildings, structures, improvements, or fixtures which the Department may construct or erect on the leased premises in a good state of appearance and repair, reasonable wear and tear excepted, all at the Department's expense. 11. Damage or Destruction to Buildings or Improvements: In the event any building, structure, improvement, or fixture is damaged or destroyed by fire, act of God or for any other reason, the Department shall, subject to funding available for this purpose, make necessary repairs to, or reconstruct the building, structure, improvement or fixture within a reasonable time so that the use and enjoyment of the public will not be diminished by such event. 12. Cost of Operation: The Department agrees that all costs incurred to operate the leased premises are and shall be the sole responsibility of the Department and that such responsibility attaches upon the execution of this lease. 13. Development of Historical Area: The Department and the City acknowledge and agree that the State of Texas has designated 29.156 acres of the leased premises as a State Archaeological Landmark and that the United States Department of the Interior (National Park Service) has designated the entire leased premises as a National Landmark due to the major archaeological and historical finds located upon such site; and both the Department and the City acknowledge the major contribution rendered by Texas Tech University in the exploration and development of the archaeological and historical resources contained within the leased premises; and both parties hereby agree that in view of the contribution to the development of the leased premises by Texas Tech University as a result of its past development efforts concerning the leased premises, that it would be in the public interest for the Department to enter into and execute an Interagency contract with Texas Tech University pertinent to the archaeological and historical development of the leased premises so that the full potential of the archaeological and historical significance of the leased premises may be made available to members of the general public both within the State of Texas and within the United States of America. The Department does hereby further agree that said Interagency contract, which contract is authorized by Section 13.005, V.T.C.A., Parks and Wildlife Code, shall be executed between the Department and Texas Tech University at the time of signing of this Lease Agreement, and for a corresponding period of time (50 years), and including the same extension and termination conditions as this agreement. The parties hereto further agree that the Interagency contract -5- above mentioned shall authorize Texas Tech University access to the leased premises subject to the control and direction of the Department for the purpose of engaging in the archaeological and historical development of the site, and research, exhibit, and educational activities connected with the leased premises, and any other purpose compatible with the use of the leased premises as a State Historic Site. Furthermore the Interagency contract shall, within the guidelines of the Texas State Antiquities Committee, designate The Museum, Texas Tech University as the primary repository of artifacts resulting from research, development, and investigation of the leased premises, except those artifacts needed for display at the State Historic Site as mutually agreed between the Department and Texas Tech. 14. Concession Agreements: The City agrees and understands that the Department has the right to enter into any type of Concession agreement which the Department feels may be appropriate for the proper development of the leased premises; however, the Department agrees that any concession agreement shall be for a term no greater than the term of this lease agreement and shall require the concessionaire to carry public liability insurance in an amount deemed appropriate by the Department to protect both the Department and the City during the term of such Concession agreement. 15. Hold Harmless: The Department agrees to hold harmless and defend the City from all claims, lawsuits or causes of action which may be brought against the City by any person alleging negligence in the operation of the leased premises by the Department and the City shall not be liable to the the Department or to any of the Department's employees, patrons or visitors by reason of the operation of the leased premises by the Department. 16. Reservations: The City hereby reserves from the leased estate the following: (a) All rights granted in an Oil and Gas Lease between the City of Lubbock and W. E. Medlock, Sr., dated the 9th day of November, 1984, and filed of record in Volume 1930 at Page 513 through Page 584 in the Deed Records of Lubbock County, Texas. (b) The right to install, operate and maintain any and all pipes, pipelines and structures and the right to grant any and all utility easements in, over and under the leased premises for the purpose of providing water and sewer service and utilities to the leased premises or any other parts of Yellowhouse Canyon Park, which park is depicted on Exhibit A attached hereto. Utilities for the purposes of this lease shall mean any and all gas, electric, water, sewer or phone services. The City will consult with the Department concerning the location of any and all pipes, pipelines, structures and utility easements so as to minimize the harm to the property as a State Historic Site. (c) The right of ingress and egress to and from the leased premises to install, operate and maintain any and all utilities, electric utility poles, lines, cables or other related facilities, City water or sewer lines or water or sewer pipes or pumping facilities in existence upon the execution of this lease or which may, in the future, be installed in, under, or over the leased premises. (d) All easements or other encumbrances of record in the office of the County Clerk of Lubbock County, Texas, as of the date of the execution of this lease. We (e) The right to develop all of Yellowhouse Canyon Park, not herein leased to the Department, for public park purposes as the City deems best to serve the public needs of its citizens. (f) The right, with notice first given to the Department, to enter the leased premises for the purpose of inspecting the premises. (g) The right of ingress and egress and the right to operate and maintain the existing sewage treatment plant owned by the City and located within Tract "D" as shown on Exhibit A attached hereto. (h) The right of ingress and egress to Berl Huffman Athletic Complex located within Yellowhouse Canyon Park and the further right to operate, maintain, repair or enlarge the existing roadway to said Berl Huffman Athletic Complex which roadway is shown on Exhibit E attached hereto and made a part hereof for all purposes. The City further reserves a construction easement of fifteen feet on either side of this road to be used by the City in the event it repairs or enlarges said roadway and in addition the City further reserves an additional fifteen feet on either side of the existing roadway to be used by it in the event it enlarges said roadway. (i) All rights granted by Franchise to Public Utility companies. 17. Resource Management Plan: The Department agrees that it shall, upon execution of this lease, undertake the preparation of a Master Plan for the leased premises, which plan shall be completed within twenty-four (24) months from the date of execution of this lease, and shall furnish the City with a copy of said Master Plan. The Department further agrees that it will amend or update said plan to show future or additional improvements upon the leased premises and furnish a copy of such amended or updated Plan to the City. The Department covenants to implement said Master Plan by commencing construction of significant improvements on the leased premises within five years from the date of execution of this lease. In the event the Department should fail to do so, the City at its option may terminate this lease. 18. Open to the Public: The Department agrees that after it has made improvements to the leased premises and determined that the leased premises are ready for the use and enjoyment of the general public, that it shall establish hours where the leased premises will be open to the general public and such hours shall be similar to similar State parks operated by the Department. 19. Federal and State Law: The Department acknowledges that contained within the leased premises is an area containing 29.156 acres which has been designated as a State Archaeological Landmark and further that the entire leased premises have been designated as a National Historic Landmark and the Department agrees to abide by all Federal or State laws or rules or regulations which may be applicable to the leased premises as a result of such designations, above mentioned, during the term of this lease. 20. Assignment and Sublease: The Department shall not assign this lease or grant any sublease upon the leased premises unless authorized by the City prior to such act. The City's authorization for such assignment or sublease shall be expressed by Resolution duly passed by its City Council. Nothing contained in this section shall prevent the Department, without -7- authorization of the City, to grant concession agreements within or upon the leased premises or to execute Interagency contracts with Texas Tech University as authorized in Sec. 13.005, V.T.C.A., Parks and Wildlife Code. 21. Termination on Default: Should the Department default in the performance of any covenant, condition or agreement in this lease and such default is not caused by a lack of funding on the part of the the Department, then in such event the City shall point out in writing the default of the Department and the Department shall have a period of One Hundred and Eighty (180) days from the date of receipt of such notice of default to correct such default. If such default is not corrected or the Department has not commenced to correct such default within the One Hundred and Eighty (180) day period of time above mentioned, then the City may terminate this lease and the right of the parties shall be the same in such instance as if the lease had expired by its own terms. In the event the Department defaults in the performance of any covenant, condition or agreement in this lease and such default is due to the Department's inability to secure funding to comply with the covenant, condition or agreement expressed herein, then in such event the Department shall notify the City of such fact and shall thereafter use its best efforts to secure funding to allow it to fulfill the covenant, condition or agreement which the Department has been unable to fulfill. A failure of the Department to fulfill any condition, covenant or agreement as a result of failure to secure funding therefore shall not be deemed a default. 22. Force Majeure: It is expressly understood and agreed that if the construction, erection or development of the improvements to be placed upon the leased premises by the Department or the performance by the Department of any covenant, condition or agreement as herein contained is delayed by reason of war, civil commotion, act of God, act of nature, governmental restriction, regulation, or interference, fire or other casualty, or any other circumstance beyond the Department's control or beyond the control of the party obligated as permitted under the terms of this lease to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, each party so delayed shall be excused from doing or performing the same during the period of delay. 23. No Waiver: No waiver by either party of any default or breach of any covenant, condition or agreement contained in this lease shall be treated as a waiver of any subsequent default or breach of the same or other covenant, condition or agreement of this lease. 24. Texas Law to Apply: This agreement shall be construed under and in accordance with the laws of the State of Texas and all obligations of the parties created by this lease are performable in Lubbock County, Texas. 25. Legal Construction: In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, this invalidity, illegality or unenforceability shall not affect any other provision of this lease, and this agreement shall be construed as if the invalid, illegal or unenforceable provision had never been contained therein. In the event this lease agreement is for any reason declared invalid or set aside by the Courts of this State, then in such event this agreement shall nevertheless be binding between the parties hereto as a management agreement wherein the Department is to manage the leased property on behalf of the City in accordance with the terms herein set forth all for the benefit of the general public. -8- 26. Amendment: No amendment, modification, or alteration of the terms of this lease shall be binding unless it is in writing, dated subsequent to the date of this lease, and duly executed by both parties hereto. 27. Wheelchair Access: The Department will, at its expense in the development of the leased premises, install and maintain ramps, handrails, restroom fixtures and other conveniences so that such facilities, if located upon the leased premises, can be used by wheelchair bound persons together with other fixtures or improvements necessary to make the leased premises and the common areas therein accessible to and reasonably safe for use by wheelchair bound persons. In addition, if off street parking is provided, then the Department will provide three (3) parking spaces in such designated parking area for the use of handicapped persons. EXECUTED in duplicate originals as of the 30th day of December , 1986. APPROVED AS TO TEXA ARKS AND LDLIFE DEPARTMENT FORM AND LEGALITY ' COYD JOHNSON BY: GENERAL COUNSEL E e uti Di ect r CITY OF LUBBOCK, TEXAS S C BY: 4f zy J04 iGw B. C. McMINN, MAYOR ATTEST: — - Rane to Boyd, City Secretary APPROVED AS TO CONTENT: Rita Harmon, Assistant City Manager for Public Safety and Services APPROVED AS TO FORM: `�-'�4 t '� ,I, , ,tghn C. Ross, Jr., City Attorney EXHIBIT A STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned notary public in and for said County and State, on this day personally appeared Charles D. Travis , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said TEXAS PARKS AND WILDLIFE DEPARTMENT, and that he executed the same as the act of such state department for the purposes and consider- ation therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30th day of December , 1986. otary Public for the State of Texas Print Name T*,*6S D . YE,+74€6P My Commission Expires ZZIZAE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned notary public in and for said County and State, on this day personally appeared B. C. McMINN, Mayor, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said CITY OF LUBBOCK, TEXAS and that he executed the same as the act of such city for the purposes and consideration therein expressed and in the capacity therein stated. d (' GIVEF UNDER MY HAND AND SEAL OF OFFICE this day of 1986. Notary Public for the State of Texas �j % Print Name 0/ 1 0I � ("� . S6 1 My Commission Expires -10- CX3 EXHIBIT B THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK I, EVELYN GAFFGA,.City Secretary -Treasurer of the City of Lubbock, Texas hereby certify that the attached documents are true and correct copies of a Resolution, Dedication Deed and map duly recorded in Minute Book No. 25, Page 5, Item 11 of the Minutes of the City Council dated January 6, 1966. „ (Seal) TO CERTIFY WHICH, witness my hand and sea] of the City of Lubbock, Texas this 17th day of January, 1980. EVELYN GAFF A City Secretary -Treasurer 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 a Park Dedication Deed attached hereto which 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 6th day of January , 1966. �r 'Mayor ATTEST: L venia Lowe, ity Secretary -Treasurer APPROVED: Fred O. Senter, Jr., City,Attorney Approved Asst. City Attorney THE STATE OF TEXAS 4 COUNTY OF LUBBOCK f KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock, a home rule municipal corporation of Lubbock County, Texas, acting by and through its Mayor, hereunto duly authorized, hereby dedicates to the public for park uses forever a parcel of land in Lubbock, County, Texas being all the land owned by the City of Lubbock in Sections 12, 13 and 17 of Block A, Lubbock County, Texas, and lock A, all the land owned by the City lvofoL Lubbock parcel isin Section 1, fBurther identified County, Texas lying north of p 9 as outlined on a Map attached hereto and made a part hereof; provided, however, that the City of Lubbock reserves the right to erect, maintain, and use all or any part of said rrea for public erected thereonasthe,C tyllities or may see fit. im- provements to be constructed TO HAVE AND TO HOLD for public use as a park forever and, except as otherwise indicated herein, for park purposes forever. «'ITNESS THE HAND OF THE CITY OF LUBBOCK this_ 6th day of January 1966. CITY OF LUBBOCK BY: /y�ZTIMI �"� . IvlAXORE, Mayor ATTEST: LLL Laveni Lowe, Cit Secretary -Treasurer THE STATE OF TEXAS I COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally to the foregoing nstrppeared MAX TIDMORE, u_ Dwn ent to me to be the person whose name is subscribed the and acknowledged to me thathe executed the same as the purposes and consideration' the act and therein CITY OF LUBBOCK andt expressed, and in the capacity therein stated. GI' TEN UNDER MY HAND AND SEAL OF OFFICE<this 1966. uay of (SEAL) Notary Public, Lubbock County, Texas •' �• r 252 W 7 3 D ao . 0 Sec. 13 Blk. A S ction 12 BLK. . l � w 75 P 3Yz,L. FLA. i I 0�� tr- r 1.-.. , 4 5.5' f i • 2140.8 �A147 - \W-193483.3_ W-16- \ 1 f o W 20 TREATMENT PLANT r `� � 9122• •�-, ... - \� Loop 289 Sec. 18 BIk.A Sec. 17 B1 INI , W-17 ..•♦•.r ♦+..■vawr+s .■w.ra weww _ _ - _ .r.er ■ EXHIBIT C HUGO REEO AND ASSOCIATES, INC. 1210 Avenue O / Lubbock, Texas 79401 1806/763.5642 3525 Andrews Highway / Suite 1021 Midland, Texas 79703 / 915/689-0664 915/333-2635 (Odessa) Tommie E. Anderson, R.P.S., President Bernard J. Gradel, Jr., P.E., R.P.S. David Goyette, Mgr. Robert L. Smith, R.P.S. Charles M. Rothwell, P.E. 1 12 Em LAND SURVEYORS CIVIL ENGINEERS METES AND BOUNDS DESCRIPTION of a 307.315 acre tract located in Sections 12, 13 and 18, Block A, Lubbock County, Texas; BEGINNING at the Northwest corner of Section 12, Block A and at the Northeast corner of Section 13, Block A, Lubbock County, Texas; THENCE N. 89°54'05" E., along the North line of Section 12, a distance of 676.47 feet to a found 1" iron pipe; THENCE S. 00°04'47" E. a distance of 2277.15 feet to a found 1/2" iron pipe; THENCE S. 87°46'57" W. a distance of 261.06 feet to a set 1 1/4" iron pipe; THENCE S. 04°29'55" W. a distance of 579.46 feet to a set 1 1/4" iron pipe; THENCE S. 49°09'58" W. a distance of 137.92 feet to a set 1 1/4" iron pipe; THENCE S. 24°36'20" W. a distance of 135.27 feet to a set 1 1/4" iron pipe; THENCE S. 84°22'58" W. a distance of 352.47 feet to a set 1 1/4" iron pipe; THENCE S. 59°19'07" W. a distance of 78.68 feet to a set 1 1/4" iron pipe; THENCE S. 11°05'40" W. a distance of 233.49 feet to a set 1 1/4" iron pipe; THENCE S. 03°27'52" W. a distance of 253.18 feet to a set 1 1/4" iron pipe; THENCE S. 00°27'18" E. a distance of 900.58 feet to a set 1 1/4" iron pipe; THENCE S. 03°35'23" E. a distance of 172.49 feet to a set 1 1/4" iron pipe; THENCE S. 14°26'52" E. a distance of 90.16 feet to a set 1 1/4" iron pipe; THENCE S. 24°13'48" E. a distance of 165.42 feet to a set 1 1/4" iron pipe; THENCE S. 18°43'44" E. a distance of 196.22 feet to a set 1 1/4" iron pipe; THENCE S. 05°34'17" W. a distance of 71.27 feet to a set 1 1/4" iron pipe; THENCE S. 35°58'53" W. a distance of 173.94 feet to a set 1 1/4" iron pipe; THENCE S. 39°30'30" W. a distance of 234.55 feet to a set 1 1/4" iron pipe; THENCE S. 38°02'10" W. a distance of 436.95 feet to a set 1 1/4" iron pipe; THENCE S. 48°58'36" W. a distance of 736.50 feet to a set 1 1/4" iron pipe; EXHIBIT D THE STATE OF TEXAS § COUNTYOF LUBBOCK § DEED RESTRICTIONS The City of Lubbock, a Texas Horne Rul e Muni ci pal i t* locat Lubbock County, Texas, i n considerat ion of and compl i ance wi ed in h and 'regulat i ons of t he Nat ional Park Service of the Uni ted States Government run es concerning particularly requirements with respect to documentation necessary for grant. funding from said Service for the Lubbock Lake Site Archeo Project (48-73-00033), and at the special instance and request of the Statelof Texas, the City of Lubbock as owner of the tract of land herei na does hereby impose the following restrictive covenants enforc fter described Of Texas and running with the land, to -wit: eable by the State RESTRICTIVE COVENANTS ( 1) THE OWNER. (CITY OF LUBBOCK) AND ITS SUCCESSORS IN INTEREST, IF ANY, SHALL OPEN THE PROPERTY TO THE PUBLIC FOR EXTERIO AND INTERIOR VISITATION NO LER SS THAN 12 DAYS A YEAR ON AN EQUITABLY SPACED BASIS AND OTHER TIMES BY APPOINTMENT UNTIL DECEMBER 10, 2003. (2) THE OWNER (CITY OF LUBBOCK) AND ITS SUCCESSORS I N I NTER.EST, I F ANY, SHALL RE- PAIR, MAINTAIN, AND ADMINISTER. THE PREMISES SO AS TO PRESERVE THE HI STORI CAL I NTEGRI TY OF THE FEATURES, MATERIALS, APPEARANCE WORKMANSHIP, AND ENVIRONMENT UNTIL DE- CEMBER 10, 2003. Said restrictive covenants are hereby imposed upon the following tractof land located in the City of Lubbock, Lubbock County, Texas beiri particularly described by metes and bounds as follows, to -wit; g more BEGINNING at a 1iron pipe set in the North line of Section 13 for the Northwest and beginning corner of this tract; from whence the Southwest corner of Section 13, Block A bears North 89a 49' West, 3582. 1 feet; THENCE North 76* 43' 30" East Pi , 1101, 8 feet to a 1" iron pe.set for a corner of this tract; THENCE South 76* 44' 30" East at 482. 05 feet pass the East line of a 95, 27 acre tract of land, continuing for a total distance of 572. 2 feet to a 1" iron pipe set for the Northeast corner of this tract; THENCE South 370 38' West at 160, 02 feet pass the South lie Of Section 13 and the North line of Section 18, continuin for a total distance of 913.5 feet to a 1" iron i g of this tract; P pe set for a corner THENCE South 50° 37130" West, 529, 25 feet to a 1" iron Pipe set for a corner of this tract; . THENCE North 79° 081 30" West, 498. 5 feet to a 1" iron set for a corner of this tract; p Pe THENCE North 37° 541 W('st, 380. 16 feet to a 1" ironipe set for the Southwest corner of this tract; pip D' EXHIBIT E THENCE S. 39°36'35" W. a distance of 156.57 feet to a set 1 1/4" iron pipe; THENCE S. 24°1338" W. a distance of 188.55 feet to a set 1 1/4" iron pipe; THENCE N. 56°58'50" W., along the Northeasterly right -of -,way line of the Panhandle and Santa Fe railroad, a distance of 2533.00 feet to a found 3/4" iron pipe, THENCE S. 89°51'23" E., along the North line of Section 18, a distance of 1533.66 feet to a found 3/4" iron pipe; THENCE N. 00°09'01" E. a distance of 1199.51 feet to a set 1/2" galvanized iron pipe; THENCE S. 89°48'30" E. a distance of 416.60 feet to a found 3/8" iron rod; THENCE N. 00°09'31" E. a distance of 1441.25 feet to a found 3/4" iron pipe; THENCE S. 89°50'20",E. a distance of 832.98 feet to a found 5/8" iron rod; THENCE N. 15°57'31" W. a distance of 1204.37 feet to a found 1/2" iron pipe; THENCE S. 89°01'53" W. a distance of 1576.51 feet to a found 1/2" iron pipe; THENCE N. 00°07'57" W. a distance of 770.21 feet to a set 5/8" iron rod with cap; THENCE N. 45°11'16" W. a distance of 183.46 feet to a found 1/2" iron pipe; THENCE N. 83°51'02" W. a distance of 351.38 feet to a found 1/2" iron pipe; THENCE N. 02°55'34" W. a distance of 146.43 feet to a found 1/2" iron pipe; THENCE N. 87°55'43" W. a distance of 211.32 feet to a set 5/8" iron rod with cap; THENCE N. 02°23'49" W. a distance of 419.27 feet to a point 0.48 feet North of a found 1/2" iron pipe; THENCE S. 89°47'45" E., along the North line of Section 13, a distance of 3313.54 feet to the Point of Beginning. Certified correct December 2, 1986 Registered Public Surveyor Lubbock, Texas COMMISSIONERS EDWIN L. COX, JR. Chairman, Athens RICHARD R. MORRISON, III Vice -Chairman Clear Lake City BOB ARMSTRONG Austin HENRY C. BECK, I II Dallas GEORGE R. BOLIN Houston WM. L. GRAHAM Amarillo CHUCK NASH San Marcos BEATRICE CARR PICKENS Amarillo A.R. (TONY) SANCHEZ, JR. Laredo x � a TEXAS PARKS AND WILDLIFE DEPARTMENT 4200 Smith School Road Austin, Texas 78744 May 18, 1987 Mr. Lee Osborn - Parks Director City of Lubbock Parks and Recreation Department 916 Texas Avenue Lubbock, Texas 79401 Dear Mr. Osborn: CHARLES D. TRAVIS Executive Director In accordance with Section II, paragraph 13 of the Lease Agreement with the City of Lubbock on the Lubbock Lake Landmark State Historic Site, please find enclosed a copy of the Interagency Contract with Texas Tech University. Please see that, this document is appropriately filed, along with the City's copy of the lease. If you have any questions, please contact Bob Singleton at (512) 389-4872. Sincerely, d Wilson E. Dolman Director, Parks Division WED:BS:smg Enclosure Y::Yf .� a CITY OF LUBBOCK At Office of / \ The City Attorney P.O. Bax 2000 Lubbock, Tx. 79457 December 18, 1986 3 (806) 762-6411 Mr. Boyd Johnson General Counsel Texas Parks & Wildlife Department 4200 Smith School Road Austin, Texas 78744 Re: Lease Agreement Dear Boyd: On this date the City Council of the City of Lubbock authorized execution at open meeting of the enclosed lease agreement between the City and the Texas Parks and Wildlife Department for the Lubbock Lake Site area. Enclosed are duplicate originals of this lease which have been executed by the mayor as per our agreement. Please have these executed by your Executive Director, retain a copy for your files, and return the remaining executed original to us by Federal Express. Thank you for your cooperation in this matter. If we may be of any further assistance please let us know. Sincerely, John C. Ross, Jr. City Attorney JCR: da Enclosure JOHN C. ROSS, JR. Citv Attornev DONALD G. VA\DIVER . First Assistant JAMES P. BREWSTER Civil Trial :Attorney DENNIS W. McGILL Assistant Civil Trial .Attorney JAMES F. MOORE II J. WORTH FCLLINGIJI KEN JOHNSON HAROLD WILLARD LAUIZA J. MONROE MICHELE H<1RT B.J. "Beni" IIENIMEI.INE INTERAGENCY CONTRACT BETWEEN TEXAS PARKS AND WILDLIFE DEPARTMENT AND TEXAS TECH UNIVERSITY STATE OF TEXAS COUNTY OF LUBBOCK This Interagency Contract ("Contract") is entered into this 7th day Of MAY , 1987 by and between the Texas Parks and Wildlife Department ("Department") and the Texas Tech University ("University"), each acting by and through duly authorized officers; WITNESSETH: WHEREAS, the Department acquired the Lubbock Lake Landmark State Historic Site ("Landmark") under the terms of that certain Lease Agreement, dated December 30, 1986 with the City of Lubbock, Texas, which contemplated at paragraph 13 this Contract with the University; and WHEREAS, the Department desires to obtain the able assistance of the University to develop, restore and maintain the Landmark as authorized by Section 13.005 of the Parks and Wildlife Code; NOW, THEREFORE, for and in consideration of the premises and the mutual covenants and benefits hereof, the parties hereto agree as follows: SECTION I SITE AND FACILITIES DEVELOPMENT 1. The Department will prepare a final comprehensive master plan for the development of the Landmark, .including a pi�eliminary schematic of a cultural and natural resources management prog�am and an operational plan 4-752-03/11/87 Page 2 reflecting Departmental commitment in performance of the resources management program. 2. The University will be accorded input and review opportunities in the preparation of the Master Plan. 3. The University will, upon consummation of this Contract, initiate a study of the potential adverse impacts of surface water and ground water associ- --abed- with- the—L�ndm�rk, end sufimit-recommenfiations -of-possible so utfons that will ensure protection of threatened cultural resources. The potential water problems and the division of physical responsibilities of the Department and the University thereunto will be addressed in the Master Plan. 4. The Department will fund archeological mitigation necessary for all improvements made by the Department in the development of the Landmark, subject to the budgetary allocation for such activity approved by the Texas Parks and Wildlife Commission in the master plan; provided, however, that such funding shall be exclusive of overhead and salaries of Univer- sity professional staff. 5. The University will conduct.all archeological mitigation necessary for the physical development of the Landmark in accordance with the Texas Antiqui- ties Code. 6. Subject to available funding, the Department will cause to be constructed the following developments: a. Interpretive center/headquarters building b. Research laboratory building C. Site fencing, public parking lots and roads 4-752-03/11/87 Page 3 d. Trail system, including overlooks, interpretive signage, a.nc picnic sites e. Site restoration and compatible landscaping 7. The Department will provide the University access to the Landmark premises for the future development of appropriate physical facilities (here- after: "Field Camp") associated with archeological research and educa- ----t4or,-a --- programs--tv be--conducted--by--t-he-- Untver-sity--as -out-T ned- in this ---- Contract, all such access subject to the control of the Department and applicable provisions of said Lease Agreement with the City of Lubbock. 8. The University may construct Field Camp facilities for the use of the University for the archeological research and educational programs out- lined in this Contract designed to be architecturally compatible with the facilities built by the Department, subject to the prior written approval of the Department. All such improvements shall remain the property of the University during the term of this Contract. Upon termination, such improvements become the property of the City of Lubbock. 9. No development activity, including terrain and drainage management, will take place without prior cultural and natural resource clearance of the specific location of the proposed development. The Department reserves the right to employ the least costly solution to each clearance issue, for example, mitigate by infilling with sterile soil in lieu of extensive archeological excavation. SECTION II SITE AND FACILITIES MANAGEMENT 1. The Department will operate the Landmark as a State Historic Site in accordance with regulations of the Texas State Park System. Such 4-752-03/11/87 Page 4 operations will be conducted so as to enable the University to operate research and educational programs on the premises. 2. The Department will operate the Interpretive center/headquarters in a manner consistent with the University's mission to offer educational programs within that facility. 3. The University will operate the Research Laboratory and the Field Camp, �u o�er�ti on_ to be -cons i -stent- wi tTi the �eparmen rs-operation - of e premises as a state historic site. The University will bear all costs associated with the operation, repair and maintenance of these facilities, including utility expense. 4. The Department will be responsible for perimeter security of the Landmark, external security of all facilities, and internal security of the Inter- pretive center/headquarters, such security not to inhibit access by authorized University personnel. 5. The University will be responsible for internal security of the Research Laboratory and the Field Camp, such security not to impede access by Department personnel as necessary to properly operate the state historic site. 6. The Department will maintain the Interpretive center/headquarters facility and the grounds of the Landmark, including payment of associated utilities costs. 7. The Department and the University will each notify the other, well in advance, of any need to utilize the Interpretive center/headquarters audi- torium after normal operating hours, or for special use during normal operating hours. C 8. The Department and the Uniersity will meet semiannually to resolve problematic issues, to revi w the current status of site and program 4-752-03/11/87 Page 5 management and operation and discuss future plans and projects, the results of such meetings to be incorporated into an Annual Programs Report. SECTION III PROGRAMS DEVELOPMENT AND MANAGEMENT 1. Subsequent to the adoption of the master plan, the Department and the ----Univ_er ity—wil_l_., within- _-fi_ve _ _years,_--jo-i-nt-ly----produ- e-- a- -comprehensive--- cultural and natural resources management program. 2. The University will fund, develop, staff and conduct an on-going archeological research program at the Landmark in accordance with the rules and regulations of the Texas Antiquities Code, and provide periodic reports of the results of research findings to the Department. 3. The University will curate and house all artifacts, specimens, documentation and related materials recovered from the Landmark except for those artifacts displayed at the state historic site. 4. The University wi•11 fund, develop, staff and conduct outreach educational programs which will include a children's learning laboratory and related activities within the Interpretive center/headquarters facility. 5. The Department will provide technical assistance as needed, in the development and implementation of educational programs initiated by the University. 6. The University will organize, with support of the Department, a non-profit support group to assist in the implementation and conduct of educational programs, and which may operate a sales area in the Interpretive center/headquarters limited to distribution of site -related publications and appropriate promotional materials as approved by the Department. 4-752-03/11/87 Page b Revenue generated by such sales will be used to support educational and volunteer programs at the Landmark. 7. The Department will fund, plan, design and fabricate permanent exhibits for the Interpretive center/headquarters facility. 8. The University will provide expert input, advice, technical information and selected artifactual material for display and/or replication necessary for the development of permanent exhibits by the Department, and will maintain full review rights in all phases of production. 9. The Department will execute necessary updating of permanent exhibits based on new research findings, the timeliness of such execution based on the availability of Departmental staff and funding. 10. The University will provide, as needed, expert advice, technical information and selected artifactual material for display and/or replication necessary for updating permanent exhibits. 11. The University may, in the event that the Department cannot execute necessary updates of the permanent exhibits by reason of lack of staff or funding, execute such updates based on the availability of University staff and funding, with consent of the Department. 12. The University will plan, design, fabricate and maintain a rotating exhibit in the Interpretive center/headquarters facility. 13. The Department will, if deemed necessary by joint agreement with the University, plan and produce a major interpretive audio-visual program about the Landmark. 14. The University will provide expert advice and technical information necessary for the production of the major audio-visual program, if produced by the Department, and will produce all audio-visual programs related to education programs conducted by the University. 4-752-03/11/87 Page 7 15. The Department will provide audio-visual equipment for joint use with the University in the Interpretive center/headquarters auditorium. 16. The University will provide all additional audio-visual equipment necessary for the implementation of educational programs conducted outside the Interpretive center/headquarters auditorium. 17. The -Department and the University will jointly develop and implement a -- pttb14cat-i-ons -program, with product! on-responsib- l i-t-zes -to-- be--- determined e-- determined for each publication, as need arises. SECTION IV OTHER TERMS 1. The term of this Contract is the same as that of the above -identified Lease Agreement with the City of Lubbock, Texas including the same extension and termination provisions. EXECUTED as of the date first above written. Texas' rks and Wildlife Department APPROVED AS TO FORMS AND LEGALITY By: � BOYD JOHNSON Executive Directo GENERAL COUNSEL Texas Tech University By: 4-752-03/11/87 Page is too large to OCR. Page is too large to OCR.