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HomeMy WebLinkAboutResolution - 2017-R0282 - Lubbock Boys And Girls Club - Duran Park - 08/10/2017Resolution No.2017-R0282 Item No.6.21 August 10,2017 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 Commitment Agreement and related documents by and between the City of Lubbock and Lubbock Boys and Girls Club,Inc.(the "Club")for the transfer of real property from the City of Lubbock to the Club for the public purpose of the construction and operation of a Club Facility and a parking area adjacent to the City of Lubbock's Duran Park. Said Commitment 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 bytheCity Council on August 10 2017 ATTEST: Repecca Garza,City Secretary APPROVED AS TO CONTE Scott Snider,Assistant City Manager APPROVED AS TO FORM: rooke, Assistant City Attorney RliS.Commitment Agreement - Boys & Girls Club 07.25.17 VA DANIEL M.POPE,MAYOR Resolution No. 2017-RO282 COMMITMENT AGREEMENT This Commitment Agreement (the "Agreement") is made by and between the City of Lubbock, Texas (the "City"), a Texas home rule municipal corporation, and Lubbock Boys and Girls Club, Inc. (the "Club"), a Texas nonprofit organization, acting by and through their respective and duly authorized officers and officials. RECITIALS WHEREAS, the Club is a nonprofit organization founded with the vision to "assure success is within reach of every young person who enters our doors, with all members on track to graduate from high school with a plan for the future, demonstrating good character and citizenship, and living a healthy lifestyle;" and WHEREAS, the Club, in order to provide a venue to implement its vision, desires to build a permanent facility (the "Facility") to serve the young people of West Lubbock on land currently owned by the City (the "Property"), with such Property being further depicted and described by a survey with metes and bounds in "Exhibit A" attached hereto; and WHEREAS, the Club, desires to construct a parking area adjacent to the Facility (the "Parking Area") on the Property; and WHEREAS, the City Council of the City (the "City Council") hereby finds that the Parking Area would serve a public purpose by providing public parking for the adjacent City of Lubbock park, Duran Park (the "Park"); and WHEREAS, the City Council hereby finds that the Facility would serve a public purpose by providing access to a "fun, safe and constructive environment for kids and teens during out -of -school hours" at a local Club facility in West Lubbock; and WHEREAS, Texas Local Government Code (the "Local Gov't Code") Section 253.011 allows a municipality to transfer real property to a non-profit organization for a public purpose; WHEREAS, the City desires to transfer the Property to the Club for the public purpose of the Club's construction and maintenance of the Facility and Parking Area, with such Facility and Parking Area being further depicted in "Exhibit B" attached hereto; NOW THEREFORE, THE PARTIES, FOR GOOD AND VALUABLE CONSIDERATION, AGREE AS FOLLOWS: Commitment Agreement — City of Lubbock & Lubbock Boys and Girls Club, Inc. — 2017 Page 1 AGREEMENT Section 1— Recitals and Exhibits The representations, covenants, and findings set forth in the recitals and exhibits of this Agreement are material to this Agreement and are hereby incorporated into and made a part of this Agreement. Section 2 — Contract Authority The Parties hereby warrant and represent that each has full lawful right, power, and authority to execute, deliver, and perform the terms and obligations of this Agreement. Accordingly, this Agreement constitutes a legal and binding obligation upon the Parties. Section 3 — The Property As more particularly depicted and described in "Exhibit A" attached hereto, the Property that is the subject of this Agreement is approximately 1.476 acres of City -owned 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, immediately adjacent to the Park on the south. Section 4 — Public Purpose The Club hereby warrants and agrees that if the Property is transferred according to the terms contained in this Agreement, then the Property will be used solely for the public purpose of the Facility and Parking Area. The Club hereby acknowledges that if at any time the Property is not used for the public purpose of the Facility and Parking Area, except as may be otherwise provided in this Agreement, then the City will notify the Club in writing of their violation under this subsection and provide thirty (30) days for the Club to remedy the violation. If the Club has not remedied the violation within thirty (30) days receipt of notice, then the ownership of the Property will automatically revert to the City. Section 5 — Term Unless terminated earlier under any provision contained herein, this Agreement shall become effective on the day of its execution by both Parties and shall be effective through December 31, 2019 (the "Term"). The Term may be extended through an amendment to this Agreement as authorized by the City Council through a resolution. Section 6 — The Club's Responsibilities Upon the execution of this Agreement, the Club agrees to be bound by the following: A. Prior to the Club's initiation of any construction or improvements on the Property, the Club shall provide evidence to the City that the Club has secured all the funding necessary for the construction and maintenance of the Facility and Parking Area. Such evidence shall be in an amount and form reasonably acceptable to the City. If the City, in its sole discretion, determines that the Club has not secured all the funding required for the construction and maintenance of the Facility and Parking Area, then the City will notify the Club in writing and provide thirty (30) days for the Club to secure such funding, or this Agreement shall terminate. Commitment Agreement — City of Lubbock & Lubbock Boys and Girls Club, Inc. — 2017 Page 2 B. Prior to the Club's initiation of any construction or improvements on the Property, the Club shall submit final site plans to the City for permit approval that reflect the Club's intended use of the Property solely for the public purpose of the Facility and Parking Area. C. Prior to the transfer of the Property that is the subject of this Agreement, and prior to the expiration of the Term, the Club shall enter into a shared parking lease agreement with the City. Such shared parking lease agreement shall be in substantially the same form as the Draft Shared Parking Lease Agreement attached as "Exhibit C" to this Agreement. D. Upon the transfer of the Property that is the subject of this Agreement, the Club agrees to pay for all closing costs, including, but not limited to, a title policy, if such a policy is required. E. Upon the transfer of the Property that is the subject of this Agreement, and during the construction and operation of the Facility and Parking Area, the Club agrees to maintain the Property at its own expense and in accordance with the City's Code of Ordinances and the City of Lubbock Standards for Neighborhood Park Maintenance attached hereto as "Exhibit D." F. Prior to the Club's initiation of any construction or improvements on the Property, the Club agrees to provide and pay for any and all necessary utility extension and connections, and any and all necessary engineering and drainage services required for construction and development of the Property at its own expense and in accordance with the City's Code of Ordinances. G. Within a reasonable time after the transfer of the Property that is subject to this Agreement, but no later than twelve (12) months after said transfer, the Club agrees to begin construction of the Facility and Parking Area at its own expense. Upon completion of the Facility and Parking Area, the Club agrees to maintain the Facility and Parking Area at its own expense according to the City's Code of Ordinances. H. The Parking Area will be primarily designed for the public purpose of vehicle parking and the Club shall be responsible for the irrigation and maintenance of any landscaping in the Parking Area at its own expense. I. The Club hereby represents that as of the date of execution of this Agreement it is a nonprofit organization as that term is defined in the Local Gov't Code Section 253.011(a). The Club further warrants that it will maintain its status as a nonprofit organization, as that term is defined in the Local Gov't Code Section 253.011(a), throughout its construction, maintenance, ownership, and control of the Facility and Parking Area. Commitment Agreement — City of Lubbock & Lubbock Boys and Girls Club, Inc. — 2017 Page 3 J. The Club agrees that public business records, including any financial documents, shall be open for inspection at reasonable times upon the request of the City. K. The Club may terminate this Agreement with cause by providing written notice of such termination to the City at least thirty (30) days prior to the effective date of termination. L. Prior to the transfer of the Property that is the subject of this Agreement, and prior to the expiration of the Term, the Club shall pay for one-half of the cost for an official survey of the Property, including a legal meets and bounds description, necessary platting, and necessary street dedication. Upon its completion, said official survey of the Property shall be incorporated into "Exhibit A" of this Agreement. Section 7 — The City's Responsibilities Upon the execution of this Agreement, the City agrees to be bound by the following: A. The City agrees to hold the Property for the public purpose of the Facility and Parking Area throughout the Term, by which time the Club shall have satisfied its applicable responsibilities under this Agreement. B. If the City determines that the Club has satisfied its applicable responsibilities under this Agreement prior to the expiration of the Term, then the City will notify the Club in writing within thirty (30) days of the City's determination of the City's intent to transfer the Property to the Club by a General Warranty Deed in a form substantially similar to the draft General Warranty Deed that attached to this Agreement as "Exhibit E." C. If the City determines that the Club has not satisfied all of its applicable responsibilities under this Agreement by the expiration of the Term, then the City shall provide written notification to the Club that this Agreement shall terminate, the City shall not transfer the Property to the Club, and the Property shall not be available to the Club for the Facility and Parking Area or any other project. The termination described in this subsection shall become effective immediately upon the determination of the City and shall not require any additional act, writing, or ruling of the City. D. Through a resolution authorizing an amendment to this Agreement, the City may elect to waive any of the Club's responsibilities under this Agreement. If any such resolution is approved by the City Council, the City will provide a copy of such resolution and amendment to the Club. E. Prior to the transfer of the Property that is the subject of this Agreement, and prior to the expiration of the Term, the City shall conduct and pay for one-half of the cost for an official survey of the Property, including a legal meets and bounds description, necessary platting, and necessary street dedication. Upon its completion, said official survey of the Property shall be incorporated into "Exhibit A" of this Agreement. Commitment Agreement — City of Lubbock & Lubbock Boys and Girls Club, Inc. — 2017 Page 4 Section 8 — 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 and 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. Section 9 — 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. Section 10 — 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. Section 11— 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. Commitment Agreement — City of Lubbock & Lubbock Boys and Girls Club, Inc. — 2017 Page 5 Section 12 — 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. Section 13 — 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. Section 14 — 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. Section 15 — No Joint Enterprise This Agreement is not intended to, and shall not be construed to create any joint enterprise between or among the Parties. Section 16 — 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 which purports to require indemnification by the City is invalid. Section 17 — 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. Section 18 — 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. Section 19 — Authority to Amend This Agreement may be amended in writing by either Party, with such writing being subject to the approval of the City Council. The Parties execute and enter into this Agreement on Commitment Agreement — City of Lubbock & Lubbock Boys and Girls Club, Inc. — 2017 Page 6 Exhibit A — The Property Feet Digital Orthophotography - June 2016 0 50 100 150 200 As required by SECTION 1. Chapter 2051, SUBCHAPTER D. GEOSPATIAL DATA PRODUCTS of the Government Code, the City of Lubbock hereby provides City of notice that the data on this map was created by the City of Lubbock. Any data that appears to represent property boundaries is for informational purposes Lub oof and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. TEARS Commitment Agreement — City of Lubbock & Lubbock Boys and Girls Club, Inc. — 2017 Page 8 e 19 Wtn srxra -------------------- I I 1 i I I / c I I SITE PLAN i =40 01 w E SCALEN S \ D AR�y Cox:DIRKS �`' �,y�;•o',��n ARCHITECTS PC "ERICAN INSTITUTE OE ARCHITECTS 1710 15TH STREET LUBBOCK, TEXAS 79401 rEi eoa/Tez-I ua rAx eos/Tcz-I UT Nor MR-NBTRucnml PER= OR col � 7J rr0l�ll■�■I■ mz� 'IIII'llt 1'llllll' S' ■ FLOOR PLAN A F E SCALE AREAS GYMNASIUM 6610 SF OFFICE / CLASSROOMS 4512 SF OPEN AREA 4496 SF S TOTAL 15612 SF COX DIRKS ARCHITECTS PC AMERICAN INSTITUTE OF ARCNRECFS 1710 15TH STREET LUBBOCK, TEXAS 79401 TEL 606/761-1226 FAX 606/76Y-1T 7 330R. ���RED ARC'S'i W` F �J 3790 P� 4Tf OF PREI]RO T OOCUYENT NOT FOR CONTSIRUC110N. OR RECULATOAY APPROVALVAL a Exhibit C — Draft Shared Parking Lease Agreement (DRAFT) 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 and 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 , 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 261 Street on the north, Kewanee Avenue on the west, Juneau Avenue on the east, and 29' 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 1" 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 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 Commitment Agreement — City of Lubbock & Lubbock Boys and Girls Club, Inc. — 2017 Page 11 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: For Lubbock Boys and Girls Club, Inc.: City Manager Tom Vermillion, Executive Director City of Lubbock Lubbock Boys and Girls Club, Inc. P.O. Box 2000 P.O. Box 94163 Lubbock, Texas 79457 Lubbock, Texas 79493 (806)775-2016 (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. 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 sea., 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. Commitment Agreement — City of Lubbock & Lubbock Boys and Girls Club, Inc. — 2017 Page 12 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. Sovereiin Immunity Acknowledeed 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 I& Authority to Amend. This Agreement may be amended by either Party in writing as approved by the City Council [Signatures and Exhibits will be Included on the Official Version of this Shared Parking Lease Agreement] Commitment Agreement — City of Lubbock & Lubbock Boys and Girls Club, Inc. — 2017 Page 13 Exhibit D — City of Lubbock Standards for Neighborhood Park Maintenance Turf • Mow on a 10 day cycle — approximately 17 cycles annually depending on weather (cutting height 2 inches) • Fences, structures, and tree bases either trimmed weekly or chemically sprayed (no more than 1 foot from each side of fence/tree) • Sidewalks and gutters edged weekly • No blowing grass into street • Clippings collected and disposed of, leaving clean surfaces • Apply weed prevention/ control as needed • Fertilize at least twice annually • Inspect grounds for holes or missing box lids (electrical, irrigation, etc.) weekly Litter • Litter picked up and barrels emptied once a week • Litter picked up prior to all mowing • Barrels inspected when emptied and repaired or reported when replacements are needed Irrigation • Inspect once a week - look for dry spots, standing water, or other problems • Ensure turf receives at least one inch of water per week • Follow city water restriction requirements • Replace valve covers when missing and screw down to lock lid into place Amenities • Inspect playground and park amenities once a month and make minor repairs • Barricade structure if unsafe until repairs are made • Remove graffiti in a timely manner (within 48 hours) • Inspect walking trails and maintain as needed Trees and Flower Beds • Trim trees and shrubs and remove dead limbs as needed. Replace if necessary • Ensure lower branches of trees and shrubs are removed for ease of mowing and for security • Weed flower beds weekly or as needed • Mulch flower beds and replace mulch as needed • Water beds and trees adequately Commitment Agreement — City of Lubbock & Lubbock Boys and Girls Club, Inc. — 2017 Page 14 Exhibit E — Draft General Warranty Deed NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. (DRAFT) GENERAL WARRANTY DEED DATE: August , 2017 GRANTOR: City of Lubbock, Texas GRANTOR'S MAILING ADDRESS: P.O. Box 2000 Lubbock, TX 79457 GRANTEE: Boys and Girls Club of Lubbock, Inc. GRANTEE'S MAILING ADDRESS: P.O. Box 94163 Lubbock, Texas 79493 CONSIDERATION: Ten and No/100 Dollars ($10.00) and other goods and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Grantor and Grantee expressly stipulate that Grantee shall utilize the Property solely in a manner that promotes a public purpose of the Grantor. Grantor and Grantee stipulate that the consideration of public purpose use by Grantee is consideration to be received by Grantor for the conveyance of the Property by Grantor and that such consideration is sufficient in all respects. This conveyance is made pursuant to Texas Local Government Code Section 253.011. PROPERTY (INCLUDING ANY IMPROVEMENTS): The property that is the subject of this General Warranty Deed is depicted and described in the attached "Exhibit A" (the "Property"). REPRESENTATIONS AND WARRANTIES OF GRANTEE: Grantee warrants and represents that it is a non-profit organization, as that term is defined in the Texas Local Government Code Section 253.011(a). RESERVATIONS FROM CONVEYANCE: None EXCEPTIONS TO CONVEYANCE AND WARRANTY: None GENERAL WARRANTY: Grantor, for the Consideration and subject to the Representations and Warranties of Grantee, Reservations from Conveyance, and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, Commitment Agreement— City of Lubbock & Lubbock Boys and Girls Club, Inc. —2017 Page 15 and assigns for so long as the Property is used to promote a public purpose of the Grantor. If the Property ceases to be so used for said public purpose, then the Grantor will notify the Grantee in writing of their violation and provide thirty (30) days for Grantee to remedy the violation. If the Grantee has not remedied the violation within thirty (30) days receipt of notice, then all rights, title, and interest conveyed by this instrument shall automatically revert to and vest in Grantor, and Grantor's successors and assigns, without the necessity of any further act on the part of or on behalf of the Grantor. It is the intent of Grantor to convey a fee simple determinable estate to the Grantee. For purposes hereof, the "public purpose" of the Grantor shall mean a Facility that will provide access to a "fun, safe and constructive environment for kids and teens during out -of - school hours" at a local facility in West Lubbock; and a Parking Area that will serve a public purpose by providing public parking for the adjacent City of Lubbock park, Duran Park. Grantor binds Grantor and Grantor's heirs and successors to warrant and defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Representations and Warranties of Grantee, Reservations from Conveyance, and the Exceptions to Conveyance and Warranty, for so long as the Property is used to promote a public purpose of the Grantor. [Signature, Notary, and Exhibit Pages To Be Included On Official Copy] Commitment Agreement— City of Lubbock & Lubbock Boys and Girls Club, Inc. — 2017 Page 16 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1011 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 12017-247292 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Lubbock Boys' & Girls' Club, Inc. Lubbock, TX United States Date Filed: 08/09/2017 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 08/09/2017 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 13566 Park land for new Boys & Girls Club 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Lubbock Boys & Girls Club, Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number 2017-247292 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Lubbock Boys' & Girls'Club, Inc. Lubbock, TX United States Date Filed: 08/09/2017 2 Name of governmenO entity or state agency that is a party to the contract for Zvfiich the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 13566 Park land for new Boys & Gins Club 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Lubbock Boys & Girls Club, Lubbock, TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. a+ +� JUSTIN BARRBTT POWER ,► �'ti i� r ray Nasty Public + STATE OFTEXAS •.� •/ NOTARY [DO 130714W7 nor ,✓' My Comm. Eapims0644.2020 Signature o uthodied agent of con achog business entity AFFIX NOTARY STAMP / SEAL ABOVE Swam to and subscribed before me, by the said /,rv, l t I this the 20_ to certify which, witness my hand and seal of t1fice. day of , tJ 4!Vl L Signature of officer administering oath Printed name of officer administering oath Title of officer ad, iinistering oath I Uivno N,uvwcu uy irxds r-UHUb kornrrttsston www.etnlcs.state.mus Version V1.0.883