Loading...
HomeMy WebLinkAboutResolution - 052765I - Contract - URA - Coronado Urban Renewal Project - 05/27/1965 MYT,bw RESOLUTION y 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 between the City of Lubbock and the Urban Renewal Agency for the purchase:nf a tract of land for use as an electric substation site 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 27th day of 4"- 1965. J MAX TID MORE, Mayor ATTEST: . Lid. nia;-Lowe, Cit Secretary-Treasurer FORM APPROVED:_ Fred O. Senter, Jr., Cll Attorney cy:^ CONTRACT WITH PRIVATE REDEVELOPER bP061 I t I . BACKGROUND AND DEFINITIONS OF THE AGREEMENT This Agreement relates to the following: A. Part ies: I . The Urban Renewal Agency of the City of Lubbock, herein sometimes called the "Agency". 2. City of Lubbock herein sometimes called the Redeveloper". B. Documents: The Urban.Renewal Plan for the Coronado Urban Renewal Project as revised, August 31 , 1960, on file at the office of the City Secretary-Treasurer of the City of Lubbock, and all amendments there- to, herein sometimes called the "Plan", which was approved by the City of Lubbock, herein sometimes called the "City", by resolution passed and adopted on the 23rd day of March, 1961 , notice of which Plan was filed for record on the 16th day eF October, 1961 , in Volume 862, Page 127, Deed Records of Lubbock County, Texas. C. Real Estate: 1 . The area which is being redeveloped and is designated in the Plan, herein sometimes called the "Project Area". 2. The description of the property to be purchased by the Redeveloper is contained in Exhibit A, which is attached hereto and made a part hereof, herein sometimes called the "Property". D. Selling Price 1 . $ 5,64 I -33 herein so;,.�..'mes called the "Price". E. Other Definitions: 1 . IMPROVEMENTS: Improvements to be constructed upon the Property by the Redeveloper, herein sometimes called the "Improvements". 2. DEED: The instrument of conveyance of the Property, herein sometimes called the "Deed". 11 . " MAIN BODY OF THE AGREEMENT A. In connection with the Deed and the Deposit the Agency and the Redeveloper agree to the following: 1. Upon the payment by the Redeveloper of the Price in cash, the Agency will convey the Property by general warranty deed to the Redeveloper. a, The deed shall contain agreements and covenants running with the land that the Redeveloper shall : (I) Compiy with the applicable restrictions as set forth in the Plan (2) Not discriminate upon the basis of race, creed, color or national origin in the sale, lease, or rental or in the use or occupancy of the property or any improvements erected or to be erected thereon, or any part thereof. (3) Construct on the Property the following improve- ments: Electrical Substation b. The provisions and covenants of this Agreement shall not be merged and shall survive delivery of the Deed. C. The Covenant in Item 11 , A. I. a(2) above shall remain in effect without limitations as to time. d. Agency and United States Rights to Enforce. In ampli- fication, and not in restriction of, the provisions of all of the preceding part of Section II , it is intended and agreed that the Agency and its successors andissigns shall be deemed beneficiaries of the agreements and covenats provided in said Section II hereof, and the United States shall be deemed a beneficiary of the covenant provided in subdivision I a(2) of Section II hereof, both for and in their or its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose benefit such agreements, and covenants have been provided. Such agreements and covenants shall (and the Deed shall so state) run in favor of the Agency and the United States for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the Agency or the United States has at any time been, remains, or is an owner of any land or interest therein to or in favor of which such agreements and covena"ts relate. The Agency shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of the covenant pro- vided in subdivision I a(2) of Section II hereof, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. B. The Agency agrees to the following: I . If the Property requires replatting in order to conform to the Plan, the Agency will have the Property surveyed, a replat and replat dedication instrument made, and such replat and instrument properly recorded in the CounS:y Deed Records - al I in accordance with the needs of the Redeveloper •For his proposed redevelopment. The Redeveloper w i I I pay the Agency the actual cost of such rep I att i ng and filing at the time of conveyance of the Property to the Redeveloper. 2, The Agency will furnish abstracts of title and/or title policies to the property to a current date and will convey good and merchantable title free and clear of any and all encumbrances except those named herein. The Redeveloper agrees within 15 days from the receipt of said abstracts and/or title policies either to accept the title as shown by said abstracts and/or title policies or to return them to the Agency with writtt(sn objections to the title. If the abstracts and/or title policies are not returned to the Agency with written objections noted within the time specified, it shall be con- strued as an acceptance of title. If any title objections are made, then the Agency shall have a reasonable time to cure said objections and show good and marchantablp: title. 3. The Agency will deliver a good and sufficient General Warranty Deed on the day of , 19 , or on such earlier date as s—�—be mutually agree a to the Redeveloper, and the Agency, properly conveying said property to said Redeveloper and Redeveloper agrees, when said Deed is presented, to pay the price herein provided. 4. The Agency shall prepare the Property for redevelopment in accordance with the Plan. The preparation of the Property for redevelopment may, goon the request of or with the consent of the Redeveloper be performed after conveyance and coordinated with the work of the Redeveloper, provided that such timing will not increase the cost of the Agency or the project and that any structures, paving -2- or other facilities left temporarily in place will be used by the Redeveloper only in connection with the Redeveloper's construction of improvements on the Property, and if left for the w nvenience of the Redeveloper, will be removed at the expense of the Redeveloper. Such preparation by the Agency shall include: a. The demolition and removal to grade of all existing buildings, structures, and obstructions on the Property, including the removal of any debris resulting from such demolition; b. The removal (by the Agency or by appropriate public bodies or public utility companies) of all paving (including curbs and gutters), sidewalks, and utility lines, installations, facilities, and related equipment, within or on the Pro erty which are to be eliminated or removed pursuant to the Plan; C. Such filling and grading and leveling of the land (but not including top soil or landscaping as shall be necessary to make it ready for construction of the improvements to be made thereon by the Redeveloper -O t being intended that such filling, grading, and leveling conform generally to the respective surface elevations of the land prior to the demolition of the buildings and structures thereon.) All expenses (including current taxes, if any) relating to buildings or structures demolished or to be demolished shall be borne by, and any income or salvage received from such buildings or structures shall belong to the Agency. d. The paving and improving (by the Agency itself or by the City) in accordance with the usual technical specifications and standards of the City, of such streets ( including the installa- tions of gutters, curbs, and cat chbasins and the removal of trees and shrubs), and the street lighting, in such rights-of-way, as are to be provided pursuant to the Plan; e. The .installations and relocation (by the Agency itself or by appropriate public bodies or public utility companies) or such sewers, drains, water and gas distribution lines, and electric, tele- phone and telegraph installations (exclusive in each case of house or building service lines,) as are to be installed or relocated pursuant to the .Plan; and f. The vacating of present streets, alleys, other public rights-of-way, and plats, and the dedications of new streets, alleys, and other public rights-of-way, in the Project area, and the re-zoning of such area, in accordance with the Plan;. Provided, that the Redeveloper will , upon request by the Agency, subscribe to and join with the Agency in any petitions and proceedings required for such vacations, dedications and re-zoning. 5. After completion of construction of the improvements in accordance with the Plan, the Agency shall promptly furnish the Redeveloper with an appropriate certification of such completion, C. The Redeveloper agrees to the following: 1 . The Redeveloper shall pay the Price for the Property, in cash to the Agency. 2. The Redeveloper shall construct the improvements in accordance with the Plan. D. The Agency and the Redeveloper do hereby agree to the following: 1 . The Agency, the Redeveloper, and their authorized repre- -3- sentatives shall have access to the Property at all reasonable times to carry out the purposes of this Agreement. 2. Any notice or communication provided for under this Agreement shall be sufficient if made by registered mail . a. To the Redeveloper at 916 Texas Avenue, Lubbock, TexaE b. To the Agency at 907 Texas Avenue, Lubbock, Texas 3. Each and every reference to parties named in this Agreement shall also refer to and include all assigns, transferees, successors in interest and heirs, executors and administrators of such parties as if they were described in this Agreement. 4. All of the provisions, covenants, conditions and obli- gations of this Agreement shall be binding upon and shall extend to allof the successors, assigns, transferees, heirs, executors and administrators and any mortgagees to the extent of their right, title and interest in the Property, who may succeed to the interest of the Redeveloper of all or any part of the right, title, and interest of the parties to this Agreement, unless otherwise provided. 5. No member, official or employee, of the Agency shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official , or employee participate in any decision relating to this Agreement which affects his personal interest or the interests of any corporation, partnership, or associ- ation in which he is, directly or indirectly interested. No member, official or employee of the Agency shall be personally liable to the Redeveloper or any successor in interest in the event of any default or breach by the Agency or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of this Agreement. IN WITNESS WHEREOF? this Agreement has been duly executed in I original and 5 copies on the day of , 19 URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS BY: CHAIRMAN (SEAL) ATTEST: CITY OF LUBBOCK SECRETARY BY• REDEVELOPER ATTEST: MAX TIDMORE, Mayor Lavenia Lowe, City Secretary FORM APPROVED: Fred O. Senter, Jr.,`City Attorney -4- r' EXHIBIT A LOT I, BLOCK 36 CORONADO ADDITION TO THE CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS Disposition Parcel Number 35-2, Eakt 140 feet of the West 201 .36 feet