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Home My WebLink AboutResolution - 2024-R0115 - Transfer Baldwin Nine-Foot Grand Piano, TTU School Of Music - 03/05/2024Resolution No. 2024-RO115 Item No. 5.15 March 5, 2024 RESOLUTION WHEREAS, the City Council of the City of Lubbock, upon finding a public purpose and benefit to the citizens of Lubbock, may authorize the transfer of certain City - owned surplus and salvage property at no cost; and WHEREAS, the City of Lubbock owns certain surplus property it wishes to transfer (herein called the "Surplus Property") at no cost; and WHEREAS, the City Council finds that the services provided by Texas Tech University School of Music through Texas Tech University (herein called the "Transferee"), a Texas public institution of higher education, provide a significant public benefit to the citizens of the City of Lubbock; and WHEREAS, the City Cotuicil finds that the transfer of the Surplus Property to the Transferee at no cost provides a public benefit and furthers the health, safety, and welfare of the citizens of the City of Lubbock: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby transfer the Surplus Property as listed in Exhibit "A", to the Transferee at no cost to the Transferee. Said Exhibit "A" 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 March 5, 2024 SHELIA PATTERSON HARRIS, MAYOR PRO TEM ATTEST: (Am xlz Courtney Paz, City Secretary APPROVED AS TO CONTENT: 4�-- Marta Alvarez, Director of Purchasing APPROVED AS TO FORM: Rachael Foster; Assistant City Attorney cedocsll/RCS.CitySurplusProperty-Grand Piano- T 1'U School of Music 2.22.24 Resolution No. 2024-RO115 Exhibit A CERTIFICATIONS AND AGREEMENTS (a) THE TRANSFEREE CERTIFIES Ti•IAT- 1. It is a civic organization or a nonprofit institution or organization, exempt from taxation under the Internal Revenue Code and/or the regulations ofthe CITY OF LUBBOCK; or is a govenunental agency. 2. Ifa civic organization, the property is needed and will be used by the recipient for canying out or promoting for the residents of the CITY OF LUBBOCK one or morepublic purposes, or if a nonprofit MM'C,cmlx institution or organization, the property is needed for and will be used by the recipient for the furtherance ofthe putposes of the Cl-IY OF LUBBOCK. The properly is not being acquired for any other use or purpose, or for sale or other distribution; or for permanent use outside the CITY OF LUBBOCK. 3. Funds are available to pay all costs and c' ..c cs incident to transfer. (b) THE TRANSFEREE AGREES TO Tlib I"- t'ONDITIONS: All items of property shall be placed in use foi cl.r pi,w ;, (s) for which acquired within one year of receipt and shall be continued in use for such purposes for one ye:.i :`.um the ki:, the properly was placed in use. In the event the property is not so placed in use, or continued in use, the r,f. ce shall i:rcncdimely notify the CITY OF LUBBOCK, and at the transferee's expense, return such property to the CI'i )I: LUBBOC , or otherwise make the property available for transfer or other disposal by the CITY OF LUBBOCK, pro, i 1cd clue proper-, i; still usable as determined by the CITY OF LUBBOCK. In the event the property is not so used or'car.l:, 1 :.+ w,[k.': cd by (b)(I ), title and right to the possession of such property shall at the option ofthe CiTY OF LUBBOCK revert lc the l'I i 1 OF LUBBOCK and upon demand the transferee shall release such property to such person as the CITY OF LUBB: ,"K or its designee shall direct. c. THE TRANSFEREE AGREES TO THE FOI.I i ":, ;:;(� TFRNIS, RESERVATIONS, AND RESTRICTIONS: 1. From the date it receives the property I'> c:'. heron and 0,, )neh the period(s) of tine the conditions imposed by (b) remain in effect, the transferee shall nu'.:.• 1, :._..., lease, lend, ba:I, c.r•. ,halizc, encumber, or otherwise dispose of such property, or remove it permanently, for c,,: ca.;:.ic the CITY OF LUBBOCK, without the prior approval of the CITY OF LUBBOCK under (b). The proceeds rro: t .r, ,., e, trade, lease, loan, bailment, encumbrance or other disposal ofthe property, when such action is audrorized by the CITY OF LUBBOCK, shall be remitted promptly by the transferee to the CITY OF LUBBOCK, as the case nun• ba. 2. In the event aoy of the property listed hereon is sold, traded, lensed, loaned. bailed, cannibalized, encumbered, or otherwise disposed of by the transferee from the date it receives the property through the period(s1 of time the conditions imposed by (b) remain in clfcu, without prior approval of die CITY OF LUBBOCK, the transferce, at the option orthe CITY OF LUBBOCK shall pay to the CITY OF LUBBOCK, as the case may be, the proceeds ofthe di,posel or iltc lair market value or the fair rental value of the property at the time ofsuch disposal, as determined by the Crl'Y OF LUB)IOCK• 3. If at any time, from the date it receives flue property through the period(S) of time iltc conditions imposed by (b) and remain in effect, any ofthe property listed hereon is no longer suitable, usable, or furlhur needed by the uansferee for the purpose(s) for Which acquired, the transferee shall promptly notify the CITY OF LUBBOCK, and shall, as directed by the CITY OF LUBBOCK, return due properly to the CITY OF LUBBOCK, release the property to another transferee or a department or agency ofthe CITY OF LUBBOCK. sc11 or otherwise dispose of due property. The proceeds from any sale shall be remitted promptly by the trawsicro to the Cl I r_,F LUBBOCK. 4. The transferee shall nrfd:c , I,e.a.:,, :he CITY OF LUBBOCK on the use, condition, and location ofthe property listed hereon, and on other pertinent nr.cers as may be required from time to time by the CITY OF LUBBOCK. 5. At the option f ih, ; OF LUBBOC'l: the transferee may abrogate the conditions set forth in the terms, reservations, and restrictions pn ❑,. ,(:':.-ri i rc' In px,, :c::t of am amount as determined by the CITY OF LUBBOCK. c. 'I'HE TRANSIT;,] E AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALI, ITEMS OF PROPERTY LISTED HI -,;,I 1. The ; : city acquired by the transferee is out an "as is, where is" basis, without warranty of any kind, and the CITY OF LUBBOCK, its agencies or assigns, and employees thereof will be held harmless from any or all debts, liabilities, judgments, costs, demands, suits, actions, or claims of any nature arising from or incident to the transfer of the property, its use, or final disposition. 2. Where a transferee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to transferred property with unexpired tenns, conditions, reservations or restrictions occurs, the CITY OF LUBBOCK, as the case may be, will be entitled to reinibursemeatt from the hursferee out ofthe insurance proceeds, of an amount equal to the unamortized potion of the Lair market value ofthe damaged or destroyed transrerred items. DESCRIPTION OF TRANSFERRED PROPERTY Texas Tech University School of Music NAME OF ORGANIZATION ('I'RANSI'EREE) I I/18/23 Baldwin Grand Piano E OF AUTHOR [ZED OFFICIAL Director ofthe School of Music MAIL COMPLETED FORMS TO: CITY OF LUBBOCK PURCHASING MANAGER, BOX 2000, LUBBOCK, TX 79457.