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HomeMy WebLinkAboutResolution - 4076 - Contract - Southwest Little League - Baseball Fields, Maxey Park - 02_11_1993Resolution No. 4076 February 11, 1993 Item #26 RESOLUTION 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 a Contract of Sale by and between the City of Lubbock and Southwest Little League, 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 ATTEST: JLI�y Sti A6e,��c�nC �ye�'cf;etary APPROVED AS TO CONTENT: E Bucy, Right-of4ay Agent APPROVED AS TO FORM: a o i ar , Assisant City Attorney HW:da/AGENDA-D1 /C-SWLL.res December 8, 1992 Resolution No. 4076 February 11, 1993 Item #26 THE STATE OF TEXAS § COUNTY OF LUBBOCK S CONTRACT OF SALE This Contract of Sale is made by and between the CITY OF LUBBOCK, TEXAS, a home -rule municipal corporation, hereinafter called "City," and SOUTHWEST LITTLE LEAGUE, a non-profit Texas corporation, hereinafter called "Grantor." RECITALS WHEREAS, Grantor has title to a 3.493 acre tract of land in Lubbock County, Texas, which the City would like to acquire for park purposes; and WHEREAS, Grantor desires that capital improvements be made to the little league baseball fields at Maxey Park in Lubbock, Texas, which Grantor utilizes from time to time; NOW THEREFORE: THE PARTIES TO THIS CONTRACT HEREBY AGREE AS FOLLOWS: I. CONSIDERATION Grantor agrees to convey to the City and the City agrees to accept from the Grantor the 3.493 acre tract of land described in Exhibit A, attached hereto and incorporated herein as part of this Agreement, together with all the rights and appurtenances pertaining thereto and all improvements thereon, in exchange for which the City agrees to expend approximately Thirty Thousand and No/100 Dollars ($30,000) for capital improvements to the little league baseball fields at Maxey Park. However, nothing contained in this Agreement shall be construed as giving Grantor any right, title or interest in Maxey Park or in any of the capital improvements made to the little league baseball fields on park property. II. TIME FOR PERFORMANCE City shall have three (3) full years from the date this Agreement is executed to complete the capital improvements contemplated by this Agreement but shall endeavor to construct and install approximately one-third of such improvements in each of those years unless otherwise agreed by the parties. PRIORITY LIST Grantor has developed for the City a priority list of needed capital improvements for Maxey Park, which list shall serve as a guide for the City in determining what improvements should be constructed on park premises. Such list is attached as Exhibit B and incorporated hereto as part of this Agreement. Grantor may amend Exhibit B at any time, but the City shall not be obligated to construct improvements on park premises in the exact order in which such improvements are prioritized on Exhibit B or to expend a greater sum for such improvements than agreed to herein. CONTRACT OF SALE - Page 2 IV. RESTRICTIONS ON CONVEYANCE The conveyance of the property described in Exhibit A shall be subject to all written oil, gas and other mineral leases, restrictions, covenants, reservations and mineral severances and rights -of -way of record in Lubbock County, Texas, or visible upon the ground, but only to the extent they are still in force and effect at the time of such conveyance. V. TAXES All ad valorem taxes for the property described in Exhibit A, if any, shall be paid by Grantor prior to the date of closing. VI. CONDITIONS PRECEDENT The obligation of the City to consummate this transaction is subject to the Grantor at or prior to closing, providing to the City such legal documents as may be required to consummate this transaction, including a quit claim deed conveying to the City all of Grantor's right, title and interest in and to that certain tract or parcel of land described in Exhibit A. CONTRACT OF SALE • Page 3 VII. SUCCESSORS AND ASSIGNS This Contract and all covenants and agreements herein shall inure to the benefit of and be binding upon the parties hereto and upon their respective successors and assigns. VIII. ACCEPTANCE OF PROPERTY City represents that is has inspected the real property to be conveyed and agrees to accept such property and all improvements thereon conveyed AS IS, WHERE IS and WITH ALL OF THEIR FAULTS; and said property is being conveyed to the City without any warranty as to quality or fitness, save and except those representations made in the quit claim deed executed by Grantor. IX. FEES City and Grantor represent to each other that neither party has retained a realtor or broker with respect to this Contract of Sale and no realtor or broker fees are due to any party. X. CLOSING Closing shall take place on February 21, 1993, at the office of the title company selected by the City, or such other place agreed to by the parties. CONTRACT OF SALE - Page 4 XI. ENTIRE AGREEMENT This Contract of Sale embodies the entire agreement and understanding of the parties and supersedes any and all prior letters of intent, agreements, arrangements and understandings relative to the subject matter hereof. XII. COUNTERPARTS This Contract may be executed in one or more counterparts, each of which shall be effective as an original. IN WITNESS WHEREOF, the parties hereto have executed this Cont ct of Sal effective this llth day of February , 1993. L f��YJD�,,R.GSTON Y�®R� i `ATTEST: i c�l�i Fez ly Still Abbe, ity ecretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -,',Way Agent APPROVED AS TO FORM: SOUTHWEST LITTLE LEAGUE BY: DAVID L. TRUE, PRESIDENT ATTEST: ,4-W arold Willard, As istant City Attorney CONTRACT OF SALE - Page 5 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DAVID R. LANGSTON, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of the City of Lubbock. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1993 . � f2GTd j 61'� i.r')) Mt.1 • 1 cLic. Sf3ie 0( iPxas Y Cc,mmissan �r�irzs ���VEk7f3EFt 30, 193 vj/' �k— r 1� Notar"y Public in and for the State of Texas CONTRACT OF SALE - Page 6 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DAVID L. TRUE, President of Southwest Little League, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of Southwest Little League. GIVEN UNDER MY HAND AND SEAL OF OFFICE this J,4 _ day of �nljol-u / , 1993. E- RGGM GOLDEN My %O WSSiON EXPIRES November 12,1993 HW:da/INST-D8/C0S-SWLL.d0c December 8, 1992 Not ry uP blic in and for the State of Texas CONTRACT OF SALE - Page 7 EXHIBIT A A 3.493 acre tract of land in the South 157.5 feet of Lot 1 and Lot 4, Block 14, Alta Vista Acres Addition to the City of Lubbock, Lubbock County, Texas, according to the map or plat thereof recorded in Volume 99, Page 548, of the Deed Records of said County and being further described as follows:: BEGINNING at a 1/2" iron rod with cap set at the Southwest corner of said Lot 4 for the Southwest corner of this tract; THENCE North, along the West line of said Lot 4, a distance of 92.5 feet to a 1/2" iron rod with cap set at the Southwest corner of a 3.142 acre tract of land for a corner of this tract; THENCE East, along the South line of said 3.142 acre tract a distance of 370.0 feet to a 1/2" rod with cap found at the Southeast corner of said 3.142 acre tract for a corner of this tract; THENCE North, along the East line of said 3.142 acre tract at a distance of 212.5 feet pass the South line of said Lot 1 and the North line of said Lot 4, in all a distance of 370.0 feet to a 1/2" iron rod with cap found at the Northeast corner of said 3.142 acre tract in the South line of a 15 foot alley for the most Northerly Northwest corner of this tract; THENCE East, along the South line of said 15 foot alley, a distance of 255.0 feet to a concrete nail set in cinder block in the West right of way line of Avenue "U" at the Northwest corner of that street dedication described in Volume 574, Page 698, of the Deed Records of Lubbock County, Texas, for the Northeast corner of this tract; THENCE South, along said right of way line at a distance of 157.5 feet pass the South line of said Lot 1 and the North line of said Lot 4, in all a distance of 462.5 feet to a 1/2" rod with cap set in the South line of said Lot 4 for the Southeast corner of this tract; THENCE West, along the South line of said Lot 4, a distance of 625.0 feet to the PLACE OF BEGINNING. EXHIBIT B PRIORITY LIST Capital improvements needed to be made prior to the 1993 Little League baseball season: 1. Move the existing major league scoreboard to the Pee Wee field and install. 2. Provide a concrete pad around the concession stand situated between the minor and major league fields with the concrete to extend up to the minor league backstop on the north side of the concession stand to the major league backstop on the south side of the concession stand, and to extend out on the east and west sides of the concession stand approximately 20 feet. 3. Provide soil for all three of the Southwest Little League infields to be spread on the infields, with the compensation of the soil to be made up of five parts top soil and six parts Chat. 4. A combination storage/scorers building to be situated behind the Pee Wee backstop, with the building to be approximately eight feet by ten feet and approximately ten feet high and constructed of cinderblock. 5. Rework the bullpen areas adjacent to the minor league field and the major league field and extend the bullpen fences necessary to provide a safe area. In years two and three prior to the beginning of the season, the balance of the capital improvements to be provided in the form of bleachers and concrete pads for the bleachers around the baseball fields.