HomeMy WebLinkAboutResolution - 994 - Operating Agreement - Native Land - Land, Yellowhouse Canyon Lake #6 - 12/17/1981SMH:mck
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RESOLUTION 994 — 12/17/81
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN OPERATING AGREEMENT
BETWEEN THE CITY OF LUBBOCK AND NATIVE LAND.
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 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 if fully copied herein in detail.
Passed by the Council this 17th day December 1981.
BIL c ISTER, MAYOR
ATTEST:
Evelyn Ga fga, City S cr -Treasurer
APPROVED AS TO CONTENT:
Lawre ce Banks, Acting Parks and Recreation Director
APP R VED AS TO FRM:
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Susan M. Horton, Asst. City Attorney
RESOLUTION 994 - 12/17/81
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CITY SECRETARY -TREASURER
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, anon -profit corporation, hereinafter
called "Native Land".
WITNESSETH:
WHEREAS, the City owns certain property located north of Lake
6 of the Yeilowhouse 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
agree 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 be for a period of one
year from the date of execution of this agreement.
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 Board 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 departments
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 independ-
ent 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, sub -contractors or agencies or the negligent
acts or omissions, breaches of contract of Native Land or its
employees, officers, agents, sub -contractors, 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 convenants, 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
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. 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 17th day of December , 1981.
CITY OF CK
r, ,
L Mc-ER,-MAMAYOR
ATTEST : - .
Eve yn Ga ga, City S c ary-Treasurer
APPROVED AS TO CONTENT:
Lawrence Banks, Acting Director Parks and Recreation
APPROVED AS TO FORM:
64veM- "
S
M. Horton, Asst. City Attorney
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