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HomeMy WebLinkAboutResolution - 2017-R0300 - Shared Parking Agreement - LBK Boys' & Girls' Club - Lot Near Duran Park - 08/24/2017Resolution No.2017-R0300 Item No.6.19 August 24,2017 RESOLUTION 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 Shared Parking Lease Agreement and related documents by and between the City of Lubbock and the Lubbock Boys'&Girls'Club, Inc. for the joint use of a parking area located at the Lubbock Boys'&Girls'Club facility adjacent to the City of Lubbock's Duran Park. Said Shared Parking Lease 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 August 24,2017 ATTEST: *(Ux.<^_^L Rebedca Garza, City Secret APPROVED AS TO CONTEN l/Ai Scott Snider, Assistant City Manager APPROVED AS TO FORM: Ryan Brooke,Assistant City Attorney DANIEL M.POPE,MAYOR RES. Agreement - Boys & Girls Club - Shared Parking Lease Agreement 08.09.17 Resolution No. 2017-RO300 Shared Parking Lease Agreement THIS SHARED PARKING LEASE AGREEMENT (the "Agreement") is made by and between the City of Lubbock, Texas, a State of Texas municipal corporation (the "City") and the Lubbock Boys' & Girls' Club, Inc., a State of Texas nonprofit organization (the "Club"), (each considered a "Party," and considered collectively as the "Parties"), acting by and through their respective and duly authorized officers and officials, and is hereby entered into by the Parties on August 24 , 2017 (the "Effective Date"). THE PARTIES, FOR GOOD AND VALUABLE CONSIDERATION, AGREE AS FOLLOWS: Article 1. The Parking Area. Subject to the terms hereof, the Club authorizes the joint use by the Parties of the parking area that will be constructed and maintained by the Club on approximately 1.476 acres of land generally located on the northernmost portion of the area bordered by 261h Street on the north, Kewanee Avenue on the west, Juneau Avenue on the east, and 29th Street on the south, and Duran Park (the "Park") on the south. The Parties' joint use of the Parking Area shall be at no cost to the Parties, shall be non - preferential, and shall be for the sole purpose of public parking during either of the Parties' events near the Parking Area. The Parking Area is more specifically described and depicted in Exhibit "A" of this Agreement. Article 2. The Term. This Agreement shall become binding on the Effective Date and shall remain in effect through December 31, 2037. The Term may be extended with written authorization of the City Council. Article 3. Parking Area Maintenance. The Club will maintain the Parking Area at its own expense according to the terms of the Commitment Agreement between the City and the Club, with such Commitment Agreement being made a part of this Agreement by reference. The City will not create or allow to be created any waste or nuisance on the Parking Area caused by the City's use of the Parking Area. The Club will not create or allow to be created any waste or nuisance on the Parking Area caused by the Club's use of the Parking Area. Article 4. Future City Improvements. Nothing in this Agreement shall prevent the City from improving any land or property owned by the City at the time of, or subsequent to the Effective Date of, this Agreement. If the City should so improve any of its property, and should such improvement interfere with the Club's joint use of the Parking Area, then this Agreement shall not terminate and the Parties' joint use of the Parking Area shall continue without interruption. However, if the City should improve its property as contemplated under this Article, and should such improvement affect the availability of the parking at the Parking Area, then this Agreement shall be immediately suspended and shall not become reactivated until such time as the City has amended this Agreement through a resolution passed by the City Council of the City. Any suspension of this Shared Parking Lease Agreement — City of Lubbock and Lubbock Boys' & Girls' Club, Inc. — 2017 Page I Agreement under this Article shall neither extend nor otherwise have any effect on the Term of this Agreement. Article 5. Access to City Property. This Agreement shall have no effect on the City's ability to have free and uninterrupted access at all times to City -owned property near the Parking Area including, but not limited to, the City's ability to access the Park. Article 6. Termination. Either Party may terminate this Agreement for cause by providing written notice of such termination to the other Party at least thirty (30) days prior to the effective date of termination, with such notice allowing the cure of the cause of termination within a reasonable time. Article 7. Service of Notice. Any notice required by this Agreement shall be deemed to be properly served within three calendar days after the notice is deposited in the U.S. mail by certified letter, return receipt requested, addressed to the recipient at the recipient's address shown below, and subject to the right of either Party to designate a different address by notice given in the manner just described. For the City: City Manager City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2016 For Lubbock Boys' & Girls' Club, Inc.: Tom Vermillion, Executive Director Lubbock Boys and Girls Club, Inc. P.O. Box 94163 Lubbock, Texas 79493 (806) 792-2880 The Parties acknowledge and affirm that no department of the City has the legal authority to enter into any contract of any type or nature in the name of the department or to accept any legal notice on behalf of the City. Article 8. Funding. The Parties understand and acknowledge that the funding of this Agreement, if any such funding is required, is contained in the City's annual budget and is subject to the approval of the City in each fiscal year. The Parties further agree that should the City Council fail to approve a budget which includes sufficient funds for the continuance of this Agreement, or should the City Council fail to certify funds for any reason, then and upon the occurrence of such event, this Agreement shall terminate as to the City and the City shall then have no further obligation to the Club. When the funds budgeted or certified during any fiscal year by the City to discharge its obligations under this Agreement are expended, the Club may terminate this Agreement. Article 9. Venue and Applicable Law. This Agreement is subject to all present and future valid laws, orders, rules, ordinances, and regulations of the United States of America, the State of Texas, the Parties, and any other regulatory body having jurisdiction over this Agreement. This Agreement shall be construed and governed according to the laws of the State of Texas. The sole venue for any action, controversy, dispute, or claim arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. Shared Parking Lease Agreement — City of Lubbock and Lubbock Boys' & Girls' Club, Inc. — 2017 Page 2 Article 10. Rights and Remedies Reserved. Each Party reserves 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, neither Party shall 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, the former shall control. Article 11. Public Information. This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et seq., as amended, same shall be of no force and effect. Article 12. No Third -Party Beneficiaries. This Agreement is entered solely by and between, and may be enforced only by and among, the Parties. Except as set forth above, this Agreement shall not be deemed to create any rights in or obligations to any third parties. Article 13. No Personal Liability. Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer or agent of any public body or party to this Agreement. Article 14. No Joint Enterprise. This Agreement is not intended to, and shall not be construed to create any joint enterprise between or among the Parties. Article 15. No Indemnification by City. The Parties expressly acknowledge that the City's authority to indemnify and hold harmless any third party is governed by Article XI, Section 7 of the Texas Constitution, and any provision that purports to require indemnification by the City is invalid. Article 16. Insurance Requirements. The Club, and any contractor or subcontractor of the Club, shall obtain and maintain all insurance coverage required by the City at all times while this Agreement is in effect. Article 17. Sovereign Immunity Acknowledged and Retained. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE BY OPERATION OF LAW. THE CITY RETAINS ALL GOVERNMENTAL IMMUNITIES. Article 18. Authority to Amend. This Agreement may be amended by either Party in writing as approved by the City Council Shared Parking Lease Agreement — City of Lubbock and Lubbock Boys' & Girls' Club, Inc. — 2017 Page 3 The Parties execute and enter into this Agreement on August 24, 2017 SIGNATURES FOR THE CITY: DANIEL M. POPE, MAYOR ATTEST: Reb cca Garza, City Secr ary APPROVED AS TO CONTEN V Y� Scott Snider, Assistant City Manager APPROVED AS TO FORM: Ryan Voke, ssis ant City Attorney FOR LUBBOCK BOYS' & GIRLS' CLUB, INC.: -)L Signature ` Print Name i Title Shared Parking Lease Agreement — City of Lubbock and Lubbock Boys' & Girls' Club, Inc. — 2017 Page 4 ?6th 5YFFEET ..�....._.._.._.. _.._.._.._.. _.._.._.._.._.._ .._.._. .. —. b � � SITE PLAN 01 w N 5 COX DIRKS gy n ARCHITECTS PC sT $7 go rh ANERICAN INSTITUTE Of ARCHITECTS 1710 15TH STREET -Vjlz`� LUBBOCK, TEXAS 79401 NOPVRR @OUN-x. pz RRT TEL lOtl/TE2-122E TAE E06/Tl2-1251 OR Bi(IIRAtOHY IPPBAVLL Iln