Resolution - City Manager: Consider a resolution authorizing the Mayor to execute an amendment to Section 6, Paragraph H of the Commitment Agreement, by and between the City of Lubbock, and the Lubbock Entertainment and Performing Arts Association, dated January 25, 2018, allowing for additional time to begin construction of a parking area.
Item Summary
This resolution is an amendment to Section 6, Paragraph H, of the Commitment Agreement, by and between the City of Lubbock and the Lubbock Entertainment and Performing Arts Association (LEPAA), dated January 25, 2018. The agreement stated that within a reasonable time after the execution of the agreement, but no later than twelve (12) months after substantial completion of the Performing Arts Center, LEPAA agreed to begin construction of a parking area.
Due to the COVID-19 pandemic, the Buddy Holly Hall of Performing Arts and Sciences (BHH) encountered delays in the receipt of materials, construction delays, and restrictions on gathering of individuals, including theaters. The Buddy Holly Hall of Performing Arts and Sciences opened in January 2021 with COVID-19 restrictions in place. These circumstances impacted LEPAA's income during the first year of operation, and have impacted their ability to secure all the funding necessary for construction and maintenance of the parking area within the required time period.
The amendment provides, within a reasonable time after the execution of this Agreement, but no later than December 1, 2022, that LEPAA agrees to begin construction of the initial phase, being roughly the southern half, of the Parking Area, at its own expense. Said Parking Area being more particularly described in the attached Exhibit "C," is to be included and become part of this Agreement after approval by the City. LEPAA shall complete construction of the initial phase of the Parking Area by May 31, 2023. LEPAA shall complete construction of the entire Parking Area by May 31, 2025. Upon completion of the Parking Area, LEPAA agrees to maintain the Parking Area at its own expense according to the Downtown Public Improvements Design Standards. Prior to beginning construction, LEPAA shall submit plans and specifications for the Parking Area, including delineation of the initial phase, to the City for approval. The City shall not unreasonably withhold approval of the plans and specifications.
LEPAA further agrees to grant the City the right of ingress and egress at all times for such purpose of accessing the City's physical plant located on the Southeast corner of the Parking Area. LEPAA shall not in any way, by design of the Parking Area or otherwise, restrict the City's access to the City's physical plant located on the Southeast corner of the Parking Area. Particularly, the access on the North side of the physical plant shall not be obstructed in any way.
Both parties acknowledge that the City issued the Certificate of Occupancy for the BHH on January 5, 2021. Construction of the permanent parking area must commence no later than December 1, 2022.