HomeMy WebLinkAboutResolution - 2247 - Operating Agreement - Native Land - Lake 6, Yellowhouse Canyon Lakes - 02/13/1986Resolution #2247
February 13, 1986
Agenda Item #31
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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 Operating
Agreement by and between the City of Lubbock and Native Land, 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 fully copied herein in detail.
Passed by the City Council this 13th day of February 1986.
ALAN KENRY, MAYOR
ATTEST:
Ranett Boyd, City Secretary' -
APPROVED -AS TO CONTENT:
im Weston, Director of Community
Facilities
! APPROVED AS TO FORM:
Mich re Hart, Assi tant City
Attorney
Resolution #2247
OPERATING AGREEMENT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
This Agreement entered into this day between the City of
Lubbock, a home rule municipal corporation, hereinafter called
"City" and Native Land, a nonprofit corporation, hereinafter
called "Native Land".
WITNESSETH:
WHEREAS, the City owns certain property located north of
Lake 6 of the Yellowhouse Canyon Lakes which is a portion of the
Old Price Ranch; and
WHEREAS, Native Land desires to maintain and improve said
premises; and
WHEREAS, the services offered by Native Land are a valuable
public service;
NOW THEREFORE, the City and Native Land do hereby mutually
agrees as follows:
I.
The City does hereby authorize Native Land to operate the
area north of Lake 6 of the Yellowhouse Canyon Lakes which is a
portion of the Old Price Ranch and which is more particularly
described in the map attached hereto which is marked Exhibit A in
the manner as set out in this Agreement.
II.
1. The term of this Agreement shall begin on the date of
execution of this Agreement and shall end on December 31, 1987.
2. This Agreement may be extended beyond this term from
year to year upon mutual agreement of the parties hereto.
3. Native Land agrees that it will maintain and renovate
the area and buildings located thereon. New construction or
improvements must be approved prior to construction by the Parks
and Recreation Director for the City of Lubbock. All renovation
and improvements made upon the property shall become the property
of the City.
4. Native land shall comply with all ordinances of the
City of Lubbock and laws of the State of Texas applicable to said
premises and all orders and requirements imposed by the depart-
ments of Health, Building Inspection, Zoning and Environmental
Control, Sanitation, Police and Fire of the City, County and
State.
5. The City shall not be liable to Native Land or to
Native Land's employees, members, patrons or visitors for any
damage while on the property and Native Land agrees to hold the
City harmless from all claims for any damage to any person or
property in or upon said property.
6. Utilities and all costs incurred in the operation of
this property are the sole responsibility of Native Land.
7. Native Land shall be deemed at all times to be an
independent operator and nothing contained herein shall be
construed as creating the relationship of employer and employee
between the City and Native Land.
8. The City shall not be subject to any of the obligations
or liabilities of Native Land incurred in performance of this
Agreement. Native Land expressly agrees to indemnify and hold
harmless the City for any and all liabilities and obligations
incurred due to the negligence of Native land, its employees,
officers, agents, subcontractor or agencies or the negligent acts
or omissions, breaches of contract of Native Land or its employ-
ees, officers, agents, subcontractors or agencies.
9. It is understood and agreed that Native Land will not
deny benefits of the facilities to or discriminate against any
person on the grounds of race, color, religion, age, sex or
national origin.
10. If through any cause Native Land shall fail to fulfill
in a proper manner its obligations under this Agreement or if
Native Land shall violate any of the covenants, agreements or
stipulations of this Agreement the City shall thereupon have the
right to terminate this Agreement by giving written notice to
Native Land of such termination and specifying the effective date
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thereof at least five (5) days before the effective date of such
termination. This Agreement may be terminated by either party
without cause upon thirty (30) days prior written notice to the
other party.
11. Native Land shall provide the City an annual written
report by January 31st of each year which will list any con-
struction or improvements made to the premises during the prior
calendar year.
12. This Agreement shall constitute and express the entire
agreement between the parties hereto and shall not be amended or
modified except by written instrument signed by both parties.
IN WITNESS WHEREOF, the City and Native Land have executed
this Agreement this 13th day of February , 1986.
CITY OF LUBBOCK
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ALAN HENRY, MAYOR
ATTEST:
Ranete Boyd
City Secretary
APPS D AS TO CONTENT:
If, J' Weston
irector Community Facilities
APPROVED AS TO FORM:
Miche e Hart
Assistant City Attorney
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NATIVE LAND