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HomeMy WebLinkAboutResolution - 051371I - Amended Cooperation Agreement - URA - Memorial Center Complex - 05_13_1971b5t&71:�i 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 an Amended Cooperation Agreement between the City of Lubbock and the Urban Renewal Agency of the City of Lubbock with respect to Memorial Center Complex Tex, R-138(c), attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute ar be a part of this Resolution as if fully copied h,pv2t}i in detail. Passed by the City Council this 13th da�Cof Z May , 1971, ATTEST: Lavenia Lowe, CitySecretary-Treasurer APPROVED AS TO FORM: Fred 0. Senter, Jr., City Att,06ey REVISED COOPERATION AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK WITH RESPECT TO THE MEMORIAL CENTER COMPLEX NO. TEX. R-138(C) This agreement made and entered into by and between the Urban Renewal Agency of the City of Lubbock (hereinafter called Agency) and the City of Lubbock, a municipal corporation (hereinafter called the City,) WITNESSETH: WHEREAS, the Agency is a public body corporate and politic, created by the Urban Renewal Law 'of the State of Texas (Article 1269 1-3 R. C. S. of Texas) and .is transacting business and exercising the powers granted by said law; and WHEREAS, the Agency proposes with the aid and cooperation of the City to undertake and carry out an urban renewal project in the City (hereinafter called the Project) in accordance with the Urban Renewal Plan therefor approved by the Council of said City, the effective date of such approval beinS . March, i4Z, and pursuant to the provisions of said Urban Renewal Law of Texas; and WHEREAS, the Agency proposes, in carrying out the Urban Renewal Plan for said Project, to acquire that property and improvements as provided in and by said Urban Renewal Plan; and WHEREAS, the Agency proposes to enter into a loan and grant contract with the Secretary of the Department of Housing and Urban Development, an Agency of the United States of America, providing for financial assistance pursuant to Title I of the Housing Act of 1949, as amended, for the rehabilitation, acquisition, clearance, preparation for sale, and disposition of parcels within said Project in the sum of: 1. A loan or loans in an amount sufficient to enable itto defray the gross cost of the project, but in the amount of at least $13,363,070. 2. A project capital grant in the amount of at least $8,782,470. 3. A Relocation Grant in the amount of at least $2,580,600. WHEREAS, the City desires to provided "Local Grants -in -Aid" in connection with said Project and has heretofor indicated its intention to do so in an Ordinance approving said Urban Renewal Plan for said Project: NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, the Agency and the City agree: 1. The Agency agrees to proceed, diligently and forthwith, with all necessary action, work and undertakings to carry out the proposed and approved Urban Renewal Plan in the Project Area described by metes and bounds on Exhibit "A" attached hereto and made a part hereof, and to carry out and fulfill the proposed Loan and Grant Contract between it and the United States of America, acting by and through the Secretary of the Department,of Housing and Urban Development, such Project Area being identified as the Memorial Center Complex Urban Renewal Project, No. Tex. R- 138(C), situated in the City of Lubbock, Lubbock County, Texas. 2. The City agrees to provide "Local grants-in-aid" and to cooperate otherwise in the undertaking and completion of said Urban Renewal Project and to take such action as may be required to vacate streets, alleys and utility and drainage easements; to accept dedication of other areas for streets, alleys, parks, utility and drainage easements as may be necessary and proposed in said Plan for said Urban Renewal Project, and to zone and re -zone the Project properties in accordance with said Urban Renewal Plan therefor so far as the City may legally do so. 3. The City recognizes that, under Federal Law, the locality must provide one-third (1/3) of net costs of Projects and hereby agrees, as far as it is able within its charter and applicable laws, to contribute cash or non -cash grants-in-aid in such additional amount or amounts as shall be required from time to time in order to make it possible for the Urban Renewal Agency of the City of Lubbock to earn the full capital grant in Federal Funds in connection with such Project. In this connection the City agrees to do the following including necessary engineering and other contingencies, at its cost; A. Proposed Non -Cash Grants -in -Aid, Land Purchase For Convention Center Facilities. Land Acquisition for Convention Center Facilities by City 2,016,000 S. F. P .496=$1,000,000 P 25%=250,000 NCGIA Land Cost: From Homer Akins - Appraiser First Reuse Appraisals. B. All Convention Center Facilities will be installed by City as Non Cash Grant - in -Aid. -To be installed by the City of Lubbock in the Memorial Center Complex Urban Renewal Project Tex. R-138(c). 1. Public off street parking 225,000 (a 100°/a = 225,000 2. Library 1,100,000 P 25% = 275,000 3 Landscaping 250,000 P 100% = 250,000 4. Meeting Room Facilities 2,850,000 P 254 = 712,500 5. Theatre 600,000 P 25% = 150,000 6. Information Center 580,000 P 25% = 145,000 7. Day Care Nursery 200,000 P 100% = 200,000 8. Youth Center 330,000 @ 25% = 82,500 9. Central Heating S Cooling Plant 500,000 P 100% = 500,000 Total Improvements by the City of Lubbock=6,635,000 for non Cash Grant- 2 0 in -Aid of 2,790,000. Because the program for the Convention Center facilities has not been finalized, some of the above mentioned facilities may change; but in any event the City of Lubbock agrees to provide_'non-cash Grant -in -Aid at Least in the amount of $2,790,000. 4. The City agrees to contribute cash in the amount of $1,316,696 to provide its one-third (1/3) of net costs of projects. It shall be paid in four annual installments, the first two annual installments of $200,000.00 to be paid on'or before March 31, 1972 and March 31, 1973, respectively. The third annual installment in the amount of $516,696 shall be paid on or before March 31, 1974. The fourth annual installment in the amount of $400,000 shall be paid on or before March 31, 1975. Should the financing plan be revised after execution of the Loan and Grant Contract and upon approval of such Plan by D.H.U.D.,the City of Lubbock understands that in a new financing plan the above cash grant-in-aid may be reduced or eliminated and further, in that event, the City may be eligible for a refund of prior payments upon approval of such Plan by D.H.U.D. 5. It is further understood and agreed that the public facilities and improve- ments hereinabove stipulated to be provided by the City of Lubbock will be undertaken and completed in such order and sequence and at such dates as will permit the prompt and orderly undertaking and completion of the proposed urban renewal project by the Urban Renewal Agency, and in any event the con- struction of any such improvements shall start prior to closing of the project. 6. The City agrees to maintain and repair all public facilities or improvements which the City may provide in the Project area under the terms of this agree- ment, as well as those which the Agency may provide in the area, and any other public facilities or improvements which may be located or constructed in the Project area, in the same manner and to the same extent that similar facilities and improvements located in other areas of the. City of Lubbock are maintained and repaired by the City. If there are no similar facilities, the City agrees to maintain and repair such facilities or improvements to the extent and in a manner (1) necessary to prevent deterioration, (2) conducive to the preser- vation of aesthetic beauty, sightliness and desirability and (3) consistent with the safe and pleasant use by the public of such facilities and improvements. 7. The City of Lubbock recognizes -that Title VI of the Civil Rights Act of 3 N 1964 and the regulations and policies of the Department of Housing and Urban Development effectuating the Title prohibit discrimination of the grounds of sex, race, color, or national origin in the policies and practices of any public facility, educational institutions, or hospital responsible for proposed credit to the Locality's share of the cost of an urban renewal project receiving the financial assistance from the United States and the Secretary of the Department of Housing and Urban Development that the facilities described in Paragraph number 3 hereof as well as any other facilities which may be in any way owned, operated, or sponsored by the City will be available to and serve all persons without regard to race, color or national origin. 8. The Agency agrees to sell to and the City of Lubbock agrees to purchase all of Parcel 4-1 as designated on the Lard Disposition Map attached hereto as Exhibit B of which the estimated disposition price is $1,000,000, however, the actual purchase price shall be that determined by two independent appraisals. The Agency agrees to convey all such parcels by a general warranty deed after purchase, demolition and clearance by the -Agency. When these parcels of land are made available to the City for redevelopment in accordance with the Plan, the City agrees to enter into a Redevelopment Contract which will contain • _ all the required covenants and restrictions necessary to comply with the Housing Act of 1949, as amended. 9. The City of Lubbock agrees to sell Parcels 4 and 5, Block 53 of_the Original Town Addition to the Urban Renewal Agency, of which the estimated acquisition price is $64,375, however, the actual purchase price shall be determined by two independent appraisals. 10. The City of Lubbock hereby agrees to accept from the Agency all parcels or portions of parcels of land as designated on Exhibit SO IX Land Disposition Map attached hereto as Exhibit "B",In dedication for public Right -of -Way for purpose of street reconstruction"or widening. 11. The City further agrees to cooperate with the Agency in all respects to such extent as may be necessary and required in order to bring the Memorial Center Complex Urban Renewal Project No. TEX R-138(c) to its final and successful completion. 12. The City further agrees that it will comply with the provisions of the or Uniform Relocation Assistance and Real Property Acquisition Policies Act of I 1970 and will provide cash or non -cash local grants-in-aid for one-third (1/3) of the relocation expenses incurred by families and individuals after July I, 1972, and beginning on January 2, 1971, will also provide one-third (1/3) of all relocation expenses of any business to the extent that said expenses exceed the sum of $25,000. EXECUTED IN DUPLICATE ON THIS THE 1 3 Day of MAY C I TY OF LUBBO'E By: IA l5 '4051- ATTES-?.% r gird Amu City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney ATTEST Secretary URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK By: Chairman of the Board 5 DESCRIPTION OF PROJECT 1. Boundaries of Urban Renewal Area: GENERAL BOUNDARY DESCRIPTION MEMORIAL CENTER COMPLEX URBAN RENEWAL PROJECT TEX. R-138 (C) LUBBOCK, TEXAS BEGINNING AT A POINT, said point being the intersection of the westerly right-of-way line of Avenue K and the southerly right-of-way t.. line of Fourth Street; said point also being the Northeast Corner of the Memorial Center Complex Urban Renewal Project Tex. R-138 (C), THENCE, in a southerly direction along the westerly right-of- way line of Avenue K and along the.easterly.line of Blocks 5, 21, 37. 53, 69, and 85 of the Original Town of Lubbock, Texas a distance of. 1,987 feet more or less to the southeast corner of Block 85 of the Original Town of Lubbock, Texas; said point also being the intersectioi of the westerly right-of-way line of Avenue K and the northerly right- of-way line of Tenth Street. THENCE, in a westerly direction along the northerly right-of-way line of Tenth Street and along the southerly line of Blocks 85, 84, 83, 82, and 81 of the Original Town of Lubbock, Texas a distance of 1505 feet more or less to the southwest corner of Block 81 of the _. Original Town of Lubbock, Texas;.said point also being the intersectio3 of the northerly right-of-way line of Tenth Street and the easterly right-of-way line of Avenue P. THENCE, in a southwesterly direction a distance of 32 feet'more or less to a point; said point being the southeast corner of Lot 24 of the E.P. Earhart Subdivision of the City of Lubbock, Texas; said point also being the intersection of the northerly right-of-way line o Tenth Street and the westerly right,=of-way of Avenue P. THENCE', in a westerly direction along the northerly right-of-way line of Tenth Street a distance of 600 feet more or less to its point of intersection with the easterly.right-of-way line of Avenue Q; Exhibit A-1 } said point also being the southwest corner of Lot 13 of the E.P. Earhart Subdivision of the City of Lubbock, Texas, THENCE, in a northerly direction along the easterly right -of way line of Avenue Q a distance of 2076 feet more or less to its point of intersection with the southerly right -of -way -line of Fourth Street; said point also being the Northwest Corner of the Memori Center Complex Urban Renewal Project Tex. R-138 (c)" THENCE, in an easterly direction along the southerly right-of- way line of Fourth Street a distance of 343.3 feet more or less to an angle point, THENCE, in an easterly direction, continuing along the southerly right-of-way line of Fourth Street a distance of 260 feet more or less to its point of intersection with the westerly right-of-way line of Avenue-P. THENCE, in a southerly direction along the westerly -right-of- way line of Avenue P a distance of 32 feet more or less to a point; said point being the intersection of the westerly extention of the southerly right-of-way line of Fourth Street and the westerly right-of-way line of Avenue P. THENCE, in an easterly direction along,the southerly right -of- way line of Fourth Street and along the northerly line.of Blocks 1,2,3,4, and 5 of the Original Town of -the City of Lubbock, Tex-s a distance of 1532 feet more or less to the point of beginning and containing approximately 97.7 acres..