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HomeMy WebLinkAboutResolution - 692 - Agreement - LMAF Inc - Arboretum/Botanical Garden, KN Clapp Park - 01/22/1981AA:bs RESOLUTION RESOLUTION #692 - 1/22/11 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 the Board of Trustees of the Lubbock Memorial Arboretum Foundation, Inc., for the development of an Arboretum and Botanical Garden in K. N*Clapp Park, a copy of which is 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 City Council this 22nd day of . January ,1981. ATTEST : -- Evelyn Gaf'ga,' City a ry-Treasurer APPROVED AS TO CONTENT: r-�L) ACD John Al , Director o ks and Recreation APPROVED AS TO FORM: Angela Adams, Assistant City Attorney ii4,4 11 RESOLUTION 4692 - 1/22/81 AGREEMENT Whereas, the Arboretum Board and the Parks and Recreation Department of the City of Lubbock, Texas, have for many years been associated in the joint operation of various projects relating to the establishment, maintenance, and improvement of an Arboretum in the K. N. Clapp Park of the City of Lubbock and it is now mutually deemed appropriate to clearly define the policies, functions and responsibilities of each respective body regarding future joint operation of the Arboretum activities in such park, the parties have entered into the following Agreement: This agreement between the City of Lubbock and the Board of Trustees of the Lubbock Memorial Arboretum Foundation, Inc., a Texas non-profit corporation, hereinafter referred to as the Arboretum Board is entered into this 22nd day of January , 1981. The parties hereto, in consideration of the mutual covenants and agree- ments to be performed, as hereinafter set forth, agree as follows: ARTICLE I A. That the Arboretum Board be authorized to use all of the park land encompassed in the city owned park known as the K. N. Clapp Park located between University Avenue and Avenue U and 40th -and 46th Streets, exclusive of existing recreation areas, for the development of an Arboretum and Botanical Garden to the extent and kind defined in Article II of this agreement, provided that all plans and specifications are submitted to the Lubbock Parks and Recreation Board for approval before their execution. B. That the Arboretum Board shall be informed of any future improvements and/or alterations proposed by the City of Lubbock. ARTICLE II A. That the Arboretum Board furnish a complete landscape plan for the entire park of all plantings, special gardens, paths and/or drives to be in- cluded, that a complete list of all plants with both common and botanical names accompany the plans, and that the design shall complement the existing building presently located within the park. B. That the Arboretum Board be authorized to enter into contracts for the construction and maintenance of walls, walks, and other special structures as are necessary to and included in the plans and specifications as approved by the Parks and Recreation Board; such contracts shall in no way be construed as binding upon the City of Lubbock. C. That the Arboretum Board be responsible for purchasing all plants and providing supervisory care following the plantings including the supervision of the pruning of the Rose Garden, and that the Arboretum Board provide all walks, walls, trellises, fountains and other special construction as called for by the approved plan. D. That the Arboretum Board make all reasonable efforts to provide and maintain labels or, other means of identification for the aforementioned plants in the Arboretum in such a manner that the labels are visible and sufficient to identify the plants to the visiting public. E. That the Arboretum Board shall have the authority to provide main- tenance including additional watering and replacements for the plants contained in the Arboretum, in addition to that maintenance which is delegated to the Parks and Recreation Department as set forth in Article III of this agreement. ARTICLE III A. That the Parks and Recreation Department of the City of Lubbock will install the watering system and will furnish water to the K. N. Clapp Park area. B. That the Parks and Recreation Department of the City of Lubbock will furnish substantially the same type of maintenance to K. N. Clapp Park that it furnishes to other city parks, to -wit: planting, watering, and mowing grass areas; watering trees; and mechanical cultivation and maintenance of the beds and garden areas. C. That the Parks and Recreation Department of the City of Lubbock will be responsible for the planting of all plants and trees purchased by the Arboretum Board as set forth in Article II, Section C above, upon verbal notice to the Parks and Recreation Department within ten (10) days of such notice. D. That the City of Lubbock will furnish lights for the park. E. That the City of Lubbock will furnish police protection for the park. ARTICLE IV This agreement may be altered or amended by a written instrument setting forth such alteration or amendment and signed by both parties hereto. Such amendment shall become a part of this agreement for all purposes. Except as provided below, this agreement shall continue in effect for ten (10) years at which such time the parties hereto may extend the terms and effects of this agreement for an additional term of ten (10) years. Should the Lubbock Memorial Arboretum Foundation dissolve before the expiration of Sul w . ten years, this agreement shall terminate. Upon termination of this agreement, the assets of the Lubbock Memorial Arboretum Foundation which have been planted on or affixed to the K. N. Clapp Park in accordance with this Agreement shall become the property of the City of Lubbock. ATTEST: 4FAilYn Gaffga, qty Secre a��� APPROVED_AS TO CONTENT: �r Joh Al o d, Dir for of Parks and Recre APPROVED AS TO FORM: Angela Adids, Asst. City Attorney ATTEST: Secretary CITY OF LUBBOCK, TEXAS BY: 4IgLL MCAL ASTER, MAYO LUBBOCK MEMORIAL ARBORETUM FOUNDATION, INC. -Trus ee