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HomeMy WebLinkAboutResolution - 052765H - Contract - URA - Land Disposition, Coronado Urban Renewal Project - 05_27_1965 MYT•bw ~ V J RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK- 'i,) 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 between the zCity of Lubbock and the Urban Renewal Agency attached herewith 5 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 27th day of May 1965. M T MORE, Mayor ATTES Lav nia Lowe, ty Secretary-Treasurer FORM APPROVED: Fred O. Senter, City Attorj y` 1 ONTRACI WIJE PRI ATE REDEVELOPER to 1-.ACK2ltltt AN0 ,I)EF.INITIONIOETLE AGREE14EKI This Agreement relates to the following: A. Parties: IN The Urban Renewal +erns of the City of EubbocL, herein so"times called the '"Agency,' 2. City of Lubbock ra r► eaoaat r�aa ra ad t ®x eve oar . S. Documents: The Urban Renewal Plan for the Coronad*.ItrLasn Usnetrsi Project as August 21, 1960, on f`ite at the office of the City Sowetary+Troasurer of the City of lubbocL rind all ateern yenta there" to, here#a. sometimes "iced the "Plan', "1a was a0p"vfad by the Clty of Lubbock, he sometimes csll�ed the "City`, by resolution arssed and-sdotitod .on the 23rd day of March. 1961, not i ce of which Ian .eras flied for twcord an tits 16th day of tictobor, 1961, in Vol uee.862, Peon 127, Dead Records of Lubboct,'Cou nt y, Tewxas. C. Paa l Esrtat+e t 1.; The area which is-bolftS redeveloped and is designated in the Pion, horeln sometimes called the 'Project Area,' 2.. The description of the property to bet .pvrehased by the Redeveloper to contained in 'Exhlbit A, which Is attached berate and mead® a part horeof, herein sometimes valled the 'Property.' 0. Selling Price: 1. 4 . 100.00 , herein sssmetimes celled the 'Price% E. Other Def'initionst 1. ALOROVEMENTSt improvements to ba constructed upon the property by the Redeveloper, heroin sometimes called the "Ireroverentso' 3. It El: Tito instrument .of convoyance of the Property, hernia sometimes ca `'tbe "Deed.' 1 t. tiA l li OD 1 OF THE AC REEMENT A. in connection with the Cued and the Deposit the Agency 46ad the Redeveloper agree to the fol lowingi 1. Upon the payment by the Redeveloeretr of the Price in cash, the Agency will convey the Property by general warranty treed to the Re rile ve l opery. ao The Deed shall contain agreements and cov000nts running with the land that the Redeveloper shall: (1) Cody with the appl ic.al4o restrictions as .set forth in the Plan. (2) Net discriminate upon tke basis of pace, creod, color or national origin In the sale, lease, or rental or In the use or occupancy of the property or any isprovements erected or to be erected thereon, or any part thereof* (3) Construct on the Property the following improve- mentat Water Wa 1 t House b. The provisions lend covenants of this Awmeneat steal t not be mar ed and slha I t surrvi ve de 11 very of the Dead, . The Covenant in item 11, A.I. *(2.) above, ebai l reoa i n in offoo. without I imitations as to time. do AdsSy,.gad ltnite:d ftAes.Rinhty to EaforSg.. In aer rlification, and not in restriction of, the provisions pf all of the preceding part of Section It, 1t in Intended and ,agreed tint *be Agency and Its successors and assigns shall be deaved beneficiaries' of the awoome nts an4l covenants provided 'in spa i d Sam ct iota If hereof, and tine ,Unit*d States shall be deemed ae bensfic ory "of the covenant provided In subdivision i e(2) of Section It hereof, both:�for clad in tbalr'r or its own right and also.forr the purposes of Qrotsci'lag ho iaterwee+ s 04 the ca,s ,unity and a sr 'parties. Public or pr� ts, its whose favor or for whose benefit such agreeaoants covenants have been'.'rovided. Such. agreements and covenants shall lewd the Deed shot 1 se state) run in favor of tine Agency and the united Stiitas for the *"time patriod during which such agreementsand covenanto -steal l be 16(.1arce and effect, withoutragard to whether the Agency srr.?the United States has at env time been, remains, or is an owner it any land of Interest therein to or in favor of which ouch agreements and covenants relate. Tile Agency shall have the right, In the ov at of army blraaach of any such agreement or covenant, and the United States shaM have the right Ia h event of say bread of the covenant pro- vlded, In subdivis on 1 as 2� of Section It heroof, to arrercise all the. rights and remedies, and to maintain say actions or suits at last or In equity or other proper proceedings to oafor* the curing of such bresaOi of ,agreeemasat or, tov+esaant, tea which it or .any otthar bege€ic:ir�ries of saich agreement or caaveaant "yts ea►titlods E. Vie agency +agrees to the followingt to If the Property requires rasp l,att i ng in orrJ*r to conform to the Alan, the Aganc)• wi 1 I have the Property. surveyed, a replat and rep tat dedication instrument made, ,and such rop lot and instrument property recarJed .in the County peed Record* all In accordance with the needs of the keedeveioper. for his proposed 40egiavo lopes at. The pe3avelorerw will pay the Agency the actual eat. of such replatfing an.t fi I irs8 at the"time of conveyance of the Property to the Redeveloper. 2. The Asoacy will furnish abstracts of'.tltto and/or title pcs I i ci+ss to .the p'operty to s current- date ,and sei 11 convey **ad and ssarrchiantratils title free and clear of ony andail 6acuebrmms except those named herein. no Redeveloper agrees witiri:a 15 days from the receipt of said abstracts and/Orr title policies Other to accept the title as shown by said.obstratts and/or tlt:i* policies Or to trotura Oise to the A ncY arith 'trittien obje►ctionrs to the .:title. if the abstracts and/or title poi icier are not reterned' to the Agency with written objections noted within the time neclf'ied, It shall be con- strued as an acceptance of title. if any title objections aramade, then the Agency sbal I have :a rsasos at to time to cure said �,iactlons and show good and merchantable title. 3. the Agency will deliver a good and sufficient Conioral Warranty Deed on the , clay of - 19 4W +cos such *art leer date is a h=1" reutua 11 y agreea a .ta th;ov`milavo toper ani the Agency, property conveying sold property to s4IJ Redeveloper, and Redeveloper agrees, when sold Deed is presented„ to pay"the price herraln provided. al• Tho Agency shalt prepare the Property for rredesvolapmeent In accordance with the Plan. The preparation of the Property for redevelopment clay, "a the request ,of or with the consent of the ttedevetoper be performed after conveyance and coordinated with the work of ,the Re de ve l opsrr, prrovi do d that ouch timing will not Increase the cost Io the Agency or the project and tlwat any structures, Paving or oth er foci l itiea left temporarily to piece wi i1 be used by the te4avoloperr orsly_hn io"no ct#on with t iO4ovel er`s construction of mprovement& ors.�►� Prcporty, a if ef`t feor, the convenience of the Redeveloper, wi I l�:`.a, rer*ved rt the oxpehnce of the Re,dsve toper. Such preparation by the Agency ysl�►a i 1 i ntl udo t a. The deem"elitism and removal to grade of all existing buildings, structures., and obstruction* on the Property, Including the removal of any debris resulting from such demolition; 6. The removal (by the :Agency or ty propriata public bodies or P bile utility 06006n1e0) of all paving {Including curb* and gutters), sidewolis, and utility tines. Installations, facilltles, and related equipment, within or on the Pro arty which are to be ellusinated ar ramoved Pursuant to the flan; c. Such fI1ling and grading and leveling of the land (hut not lncluding top poll ar landscaping as Choi! be necessary to Male It ready for construction of the improvements to be mads thereon by -the Redeveloper (it being Intended that such filling, gradin , and leveling conform generally **' the respective surface elevattens of the I nd prior to the demolition of the buildings and atructuras tberean ) All expenses (including current taxes, if-ony), relating to building*. rr structures demolished or to be demolished 4hal l be ne bor by, and 4"y Income or salvage received from ouch buildings or ot'ruttures shalt belong to the geney. <l. The paving and Improving (l-y. the Agency Itself or lay apes City) In accordance with the usual technical specifictlons and standards of the City, of such streets (including the in-stalle- tions of gutters, curbo, and catchbaaln$ and the removal !sf shrubs Aftdtrees,) and the street lighting, In such rights-ofwway, as Arlo " 'Co' be provided pursuant to the Plan; e. The inetesi ldt#ons .anu! relocation Irby the Agency It self or by appropriate public bodies or pu6iit utility companies) or such sewers, drains, grater and gees distribution lines, and electric, telephone or telegraph Installations (exclusive in each case of house or building service flues , as are to be Installed or relocated pursuant to the Plan; and f. The vacating of present street*, allays, other publle rights-of-way ar+d Plata, and the dedications of never etrsets,. eileys, and other Public PjQhto-of-Way'r In the Project Area, and they kol.-tonIn9 of such tires; in accordance With the Plan; Provided, that the lie- developer will, upon request by the Agency, subscribe ** I and ;join' with the (Agency In any petitions and proceedings required for such vacations, dedications and re-stoning. 5. After completion of Construction of the Improvements In accordance with the Plan the Agency shall !promptly furnish the Redeveloper with an spproprlato v rtiflcatlon of, such completion. - C. The Redeveloper agrees to the followings 1. The Radeve toper shall Pay the Price for the Property, In cash to the Agency, 2. The Redevol*per shall construct the Improvements in accordance with the Plan._ D. The Agency and the Redeveloper do hereby agree to fli a fol low- I ng: i. The Agency, the Rodevolsper, and their authorised repro- rsentatives shall have accesr to th* Property at re.aaona6le times to carry out thus pur+;xosas of this Agreement. 2, Any +rot i c e or vommun i cra,t i on provided for under this Agreement shall be sufficient if made by registered calla a. To tl-e Redevelaper at b. To the Agency at 907 Texas. Avenue, Lubb*6., Texas. 3• . Each and every r eforwnce to parties mimed 1n this Agree- ment shall also refer to and include all aassions, transferees, succes- sors to Interest *ad hairs, oxeecwtoraa and administrators of such parties as if they *are described 1n this Agreownt.. 4. All of the >proviolons, covsora<;ants, conditions, wnd eebll- gations of this Agreavont shall t>e binding upon a^4 shalt oxteiid to all of the successors, assigns, transforoeet, heirs, executors and adwinistrators and any mortvagoes to the extent of their right, title and Interest Ia the Property, wh* shay succeed to the interest of the l►odevolopOr.oaf all or :any part of the ripht, title. and interest of the parttea tb this Agreement, unless otherwloe provided. S. No mesp 'arr, official, ear employee, of the Agency shall have any personal late reast,'_direct or indirect, In this Agreeawnt, nor ohs l i say such 0amtMor, off i cie 1, or employee parti tipate i n ;any decision rebating to this Agreement which affect* MO. personal interest or the interests of any.-corporatio", prartlWr°ahip ar eoeocl- otioo in Which lyaa is, dir�aat:ly or lndlrectly intser'ested.. No member, official;,. or employs of tiro Agency shall be personally liable to the Rodevelopesr• or any aautcessor in Interest in the event of any default or. breach by the Agency or for *ny &MOUett "Jeh may become due to the Redeveloper or aaut+cooaeor or on any abtlgations under the ter" of this Agreement. IN ##TNESS WHEREOF, this Agreement has be*n duty executed 10 # original and 5 captes on the ,. ,-,,Jay of URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, l.USP>3CX COUNTY, TEXAS (SEAL) CHAIRIMN ATTEST: SURETIRY 11T. -4- f liIT 'A UgAL DKjCR-iPTlON A tract of land heginninr, at the Southwest cornea of.Eert 9, ttlo4. 23, Scharbasor's e•Su►9di isian of 91*cl< 13, t h6*ie►cV 6 Second Add 1 t i on to the City of tubbec&, Lub6oci t*unty, To*ae thence North 20 f*ot, thou" Feet ko feet, thonaa Sruth 20 foot, thonco Vast 24 feel: td the Point of Beginning. RISPOSITIOX PARCEL DESCRIPTICAN A tract of Lend beginning at a po i at feet South of the North darner of 1-*m4 Disposition Parcel I4-5, trance fast 20 foot, thence South 20 foot, thence t ost 20 feet thence Nerds 20 feet., to the point of favinnifts.