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HomeMy WebLinkAboutResolution - 032372A - Agreement - URA - Urban Renewal Project, Memorial Center Complex - 03_23_1972a�z.z 7z 19 CONTRACT FOR SALE OF LAND FOR REDEVELOPMENT BY THE CITY OF LUBBOCK Agreement (hereinafter called "Agreement") made on or as of the 23 day of March 1972, by and between` the Urban Renewal Agency of the City of Lubbock, a Public Body Corporate and Politic of the State of Texas (hereinafter called "Agency") having its office at 1114 - 10th Street, in the City of Lubbock, State of Texas, and the City of Lubbock, a Public Body Corporate and Politic of the State of Texas (hereinafter called "Public Body") having its office at City Hall, 916 Texas Avenue, in the City of Lubbock, State of Texas, WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Law of the State of Texas (Article 1269 L-3 R.C.S. of Texas), the Agency has undertaken a program for the clearance and recon- struction or rehabilitation of slum and blighted areas in the City of Lubbock (hereinafter called "City"), and in this connection is engaged in carrying out an urban renewal project known as "The Memorial Center Complex - Urban Renewal Project" (hereinafter called "Project" in an area (hereinafter called "Project Area") located in the City; and WHEREAS, as of the date of the Agreement there has been prepared and approved by the Agency an urban renewal plan for the Project consisting of The Revised urban Renewal Plan, for the Memorial Center Complex Urban Renewal Project, dated December 21, 1971, and originally approved by the City of Lubbock by resolution passed on the 30th day of October, 1970, and amended and adopted by Ordinance No. 6040 passed by the City Council on the 3rd day of March, 1971, and amended and adopted as amended by Ordinance No. 6273 passed on the 13th day of January, 1972, which plan, as so amended, and as it may hereafter be urther amended from time to time pur- suant to law, and as so constituted from time to time, is, unless otherwise indicated by the context, (hereinafter called "Urban Renewal Plan"); and a notice of said Urban Renewal Plan, as con- stituted on the date of the agreement, has been recorded among the land records for the place in which the Project Area is situate, namely, in the Deed Records of Lubbock, Lubbock County, Texas, in Volume 1296.E page 390; and WHEREAS, in order to enable the Agency to achieve the objectives of the Urban Renewal Plan, and particularly to wake land in the Project Area available (after acquisition and clearance by the Agency) for redevelopment by a public entity for and in accordance with the uses specified in the Urban Renewal Plan, both the Federal Government and City have undertaken to provide, and have provided, substantial aid and assistance to the Agency through a Contract for Loan and Capital Grant dated June 16, 1971, in the case of the Federal Government, and a Cooperation Agreement dated December 22, 1971, in the case of the Cityl NOW, THEREFORE, each of the parties hereto, for and in consideration of the premises and the mutual obligations herein, does hereby covenant and agree with the other, as follows: ARTICLE I. GENERAL TERMS OF CONVEYANCE OF PROPERTY Sec. 1. Sale and Purchase Price. Subject to all the terms, covenants, and conditions of the Agreement, the Agency will sell certain real property in the Project Area more particularly described in Schedule A annexed hereto and made a part hereof (which property, as so described, is hereinafter called "Property"), to the Public Body for, and the Public Body will purchase the Property and pay to the Agency therefor, the amount of one Million Dollars ($1,000,000.00), (hereinafter called "Purchase Price"), which Purchase Price shall be paid in three increments as follows: Tract 1 Lot One (1), Block Two (2 of Proposed Memorial Center, dition $ 59,000.00 Tract 2 Lot Three (3), Block Two (2) of Proposed Memorial Center Addition 570,000.00 Tract 3 Lot One (1), Block One (1) of Proposed Memorial Center Addition 371,000.00 ,0 0,060.00 Tracts 1, 2 and 3 being more particularly described by metes and bounds in Schedule "A" attached hereto, and by reference made a part hereof as though copied here in full. Such payment shall be in cash, or by such check as shall be satisfactory to the Agency, at the time and place provided herein. -2- i Sec. 2. Conveyance. The Agency shall convey to the Public Body, upon payment in full of the Purchase Price by the I". Public Body, 'title to the Property by General Warranty deed/deeds (hereinafter collectively called "Deed"). Such conveyance shall, f in addition to all other conditions, covenants, and restrictions set forth or referred to elsewhere in the Agreement be subject to: (a). All existing easements and rights of way. (b) Restrictive covenants affecting the land described in Schedule A attached to this Contract. (c) Any discrepancies, conflicts, or shortages in area or boundary line, or any encroachments, or any overlapping of improvements. (d) All applicable restrictions and controls imposed by the Urban Renewal Plan for the Memorial center Complex. Sec. 3. Delivery of Deed. The Agency shall deliver the Deed and possession of the Property to the Public Body in j three (3) separate increments as followsa Tract 1 hot One (1), Block Two (2), of. proposed Memorial Center.Addition (. on or before June 1, 1972 H Tract 2 Lot Three (3), Block Two (2), of proposed Memorial Center -Addition ! on or before January,l, 1473 Tract 3 Lot One (1), Block One (1), of proposed Memorial Center Addition on or before July 1, 1973, or on such earlier date as the parties may mutually agree in writing. Tracts 1, 2 and 3 being more particularly described by metes and bounds in Schedule "A" attached hereto, and by reference made a part hereof as though copied here in full. Conveyance shall I be made at the principal office of the Agency and the Public Body shall accept such conveyance and pay to the Agency at such time and place the purchase price. Sec. 4. Title. 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 Public Body agrees within forty-five ( 45 ) days from the receipt of said abstracts and/or title policies either to accept the title as 3- shown by said abstracts and/or title policies or to return them to the seller with written objections to the title. If the abstracts and/or title policies are not returned to the seller with written objections noted within the time specified, it shall be construed as an acceptance of title. If any title objections are made, then the seller shall have a reasonable time to cure said objections and show good and merchantable title. In the event of failure to furnish good and merchantable title, this Agreement shall be cancelled and be null and void. ARTICLE II - PREPARATION OF PROPERTY FOR REDEVELOPMENT sec. 1. Preparation of Property. The Agency shall, prior to conveyance of the Property and without expense to the Public Body, prepare the Property for redevelopment, which prepara- tion shall consist of the following: The seller shall prepare the property for redevelopment in accordance with the Urban Renewal Plan. The preparation of the property for redevelopment may, upon request for or with the consent of the purchaser be performed after conveyance and co- ordinated with the work of the purchaser, provided that such timing will not increase the cost to the seller and that any structures, paving or other facilities left temporarily in place will be used by the purchaser only in connection with the purchaser's construc- tion of improvements on the property, and if left for the con- venience of the purchaser, will be removed at the expense of the purchaser. Such preparation by the seller 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 seller or by appropriate public bodies or public utility companies) of all paving (including curbs and gutters), sidewalks, and utility ;.lines, installations, -4- facilities, and related equipment, within or on the property which are to be eliminated or removed pursuant to the Urban Renewal 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 purchaser (it being intended that such filling, ,grading and leveling conformed generally to the restrictive surface elevations of the land prior to the demolition of the building 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 seller. (d) The paving and improving (by the seller itself or by City) in accordance with the usual technical specifications and standards of.;the City, of such street (including the installation of gutters, cUrbs•'- and catchbasins and the removal of trees and shrubs), and the street lighting, in such rights of way, as are to be provided pursuant to the Urban Renewal Plan; (e) The installation and relocation (by the seller itself or by appropriate public bodies or public utility companies) or such sewers, drains, water and gas distribution lines, and electric, telephone and telegraph installations (exclusive in each case of house or building service lines), as are to be installed or relocated pursuant to the Urban Renewal Plan; and (f) The vacating of present streets, alleys, other public rights of way, and plats, and the dedication of new streets, alleys, and other public rights of way, in the project area, and the rezoning of such area, in accordance with the Urban Renewal Plan; provided, that the purchaser will, upon request by the Agency, subscribe to and join with the seller in any petitions and proceedings required for such vacations, dedications, and rezoning. Sac. 2. Other Action by Agency Relating to Preparation. The Agency shall, without expense to the Public Body and prior to the completion of the Improvements as hereinafter defined (or at such earlier time or times as the Public Body shall find, and by timely notice in writing inform the Agency, is necessary to enable the Public Body to construct or complete the Improvements in accor- dance with the provisions of the Agreement) provide or cause to be provided the following: (a) Pedestrain and public rights of way improvements in the convention and library areas as set forth in the Site Plan= (b) Site improvements in public rights of way in and around the Memorial Center Complex in accordance with the Site Plan. ARTICLE III. CONSTRUCTION OF IMPROVEMENTS Sec. 1. Construction Required. The Redeveloper will redevelop the Property by construction thereon of "The Memorial Center Complex", for public use, which shall consist of the follow- ing facilities: Library, Convention Facilities, Early Learning Center, Central Seating and Cooling Plant, Malls, Plazas, and other facilities for public use, (hereinafter collectively called the "Improvements") and all plans and specifications and all work by the Public Body with respect to such redevelopment of the Property and the construction or the snaking of other improvements thereon, if any, shall be in conformity with the Urban Renewal Plan, the Agreement, and all applicable State and local laws. Upon written request of the Agency from time to time, the Public Body will de- liver to the Agency, to be retained by the Agency, plans with respect to the improvements to be constructed or otherwise made by the Public Body on the Property, in sufficient completeness and detail to show that the Improvements and construction thereof will be in 'accordance with the provisions of the Urban Renewal Plan and the Agreement. Sec. 2. Time for Construction. The Public Body agrees -f - for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deeds shall contain covenants on the part of the Public Body for itself and such successors and assigns, that the Public Body shall begin the re- development of the Property through the construction of the im- provements thereon, within six (6) months from the date of each Deed, and diligently proceed to complete such construction within —thirty-six (36) months from such dates. It is intended and agreed, and the Deeds shall so expressly provide, that the agreements and covenants of the Agreement pertaining to the Improve- ments shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the Agency and enforceable by the Agency against the Public Body, its successors and assigns, and every successor in interest to the Property, or any part thereof or any interest therein. Sec. 3. Report on Progress. Subsequent to conveyance of the Property or any part thereof to the Public Body, and until construction of the improvements has been completed, the Public Body shall, upon written request of the Agency, make, in such detail as may reasonably be required by the Agency, and forward to the Agency a report in writing as to the actual progress of the Public Body with respect to such construction. During such period, the work of the Public Body shall be subject to inspection by the Agency. Sec. 4. Access to Property. Prior to delivery of possession of the Property to the Public Body, the Agency shall permit the Public Body access thereto, whenever and to the extent necessary to carry out the purposes of this and other sections or provisions of the Agreement: and, subsequent to such delivery, the 'Public Body shall permit access to the Property by the Agency -7- and the City whenever and to the extent necessary to carry out the purposes of this and other sections or provisions of the Agreement. Sec. 5. Certificate of Completion. Promptly after com- pletion of the Improvements in accordance with the provisions of the Agreement, the Agency shall furnish the Public Body with an appropriate instrument so certifying. Such certification by the Agency shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Public Body, its successors and assigns, and every successor in interest to the Property, to construct the Improvements and the dates for the beginning and completion thereof. All certifications provided for in this Section shall be in such form as will enable them to be recorded with the Clerk of the Registry of Deeds for the County of Lubbock. ARTICLE IV. LAND USES Sec. 1. Restrictions on Land Use. The Public Body agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Public Body for itself, and such successors and assigns, that the Public Body, and such successors and assigns, shalls (a) Devote the Property''to and only to and in accordance with, the uses specified in Section 4:02 of the Urban Renewal Plan, as the same may hereafter be amended and extended from time to time; and (b) Not discriminate upon the basis of race, color, creed, 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. -8- Sec. 2. Effect of Covenants; Period of Duration. It is intended and agreed, and the Deed shall so expressly provide, that the agreements and covenants provided in this Article IV shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or de- signation, legal, or otherwise, and expept only as otherwise specifically provided in the Agreement, be, to the fullest extent permitted by law and equity, binding for the benefit and in favor of, and enforceable by, the Agency, its successors and assigns, the City, and the United States (in the case of the covenant pro- vided in subdivision (b) of Section 1 of this Article IV), against the Public Body its successors and assigns, and every successor ia_interest to the Property or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided (a) in subdivision (a) of Section 1 of this Article IV shall remain in effect until January 1, 1990, (at which time such agreement and covenant shall terminate), and (b) in subdivision (b) of such Section 1 shall remain in effect without limitation as to time. Sec. 3. Enforceability by Agency and United States. In amplification, and not in restriction, of the provisions of Section 2 of this Article IV, it is intended and agreed that the Agency shall be deemed a beneficiary of the agreements and covenants provided in Section 1 of this Article IV, and the United States shall be deemed a beneficiary of the covenant provided in subdivi- sion (b) of such Section 1, both for and in their or its own right and also for the purposes of protecting the interests of the community and the 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, -9- without regard to whether the Agency or the United States is or has been an owner of any land or interest therein to, or in favor of, with such agreements and covenants 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 provided in subdivision (b) of Section 1 of this Article IV, to exercise all the rights and remedies, and to maintain any act-.ons or suits at law or in equity or other proper 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. ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER Sec. 1. Representation as to Redevelopment. The Public Body represents and agrees that its purchase of the Property shall be for the purpose of redevelopment of the Property in accordance with the Urban Renewal Plan and the Agreement. Sec. 2. Prohibition Against Transfer of Property and Assignment. The Public Body has not made or created, and will not, prior to the proper completion of the Improvements, as certified by the Agency, snake or create, or suffer to be made or created, (a) any total or partial sale, conveyance, or lease of the Property, or any part thereof or interest therein, or (b) any assignment of the Agreement, or any part thereof, or (c) any agreement to do any of the foregoing, without the prior written approval of the Agency. Such approval shall be on such condition as the Agency may in its exclusive discretion determine, including, but not limited to, the assumption by the proposed transferees, by instrument in writing, for itself and its successors and assigns, and for the benefit of the Agency, of all obligations of the Public Body under the Agreement. -10- at the option of the Agency be terminated by the Agency. In such event, except for the right of the Agency to damages for such breach afforded by law, neither the Public Body (or assignee or transferee) nor the Agency shall have any further rights against or liability to the other under the Agreement. Sec. 4. Delays Beyond Control of Parties. For the purposes of the Agreement, neither the Agency nor the Public Body, as the case may be, nor any successor of either of them shall be considered in breach of or in default under its obligations with respect to the preparation of the Property for redevelopment, or the beginning and completion of construction of the Improvements, or progress in respect thereto, in the event of enforced delay in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, acts of the public enemy, acts of the Government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, or delays cf subcontractors due to such causes; it being the purpose and intent of this provision that, in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the Agency with respect to construction of the Improvements, as the case may be, shall be extended for the period of the enforced delay; provided, that the party seeking the benefit of the provisions of this Section shall, within thirty (30) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof and requested an ex- tension for the period of the enforced delay. Sec. 5. Rights and Remedies Cumulative. The rights and remedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such -12- ARTICLE VI. REMEDIES Sec. 1. Notice of Default. In the event of any default under or breach of any of the terms or conditions of the Agreement by either party hereto, or any successor or assign of, or successor in interest to, the Property, such party or successor shall upon written notice from the other proceed to remedy or cure such default or breach within thirty (30) days after receipt of such notice. In case such action is not taken or diligently pursued or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure or remedy such default or breach or to obtain damages therefor, including but not limited to proceedings to compel specific per- formance by the party in default or breach of its obligations. Sec. 2. Termination by Public Body. In the event that the Agency does not tender conveyance of the property or possession thereof in the manner and condition, and by the date, provided in the Agreement and any such failure shall not be Cured within ninety (90) days after written demand by the Public Body, then the Agreement shall at the option of the Public Body be terminated, and neither the Agency nor the Pub:,ic Body shall have any further rights against or liability to the other under the Agreement. Sec. 3. Termination by Agency. In the event that prior to conveyance of the Property to the Public Body and in violation of the Agreement the Public Body (and any successor in interest) assigns or attempts to assign the Agreement or any rights herein or in the Property, or the Public Body does not pay the Purchase Price for and take title to the Property upon proper tender of conveyance by the Agency pursuant to the Agreement, then the Agreement and any rights of the Public Body or any successor or assign of the Public Body or transferee of the Property under the Agreement or arising therefrom, with respect to the Agency or the,Property, shall -11- remedies for the same default or breach, or of any of its remedies for any other default or breach by the other party. No waiver made by either party with respect to the performance, or manner or tine thereof, or any obligation of the other party or any condition to its own obligation under the Agreement Khali be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. No suet waiver shall be valid unless it is in writing duly signed by the party waiving the right or rights. ARTICLE VII. MISCELLANEOUS PROVISIONS Sec. 1. Conflict of Interest. No member, official, or employee of the Agency shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee parti6ipate in any decision relating to the Agreement which affects his personal interests or the interest of any corpora- tion, partnership, or association in which he is, directly or in- directly, interested. No member, official, or employee of the Agency shall be personally liable to the Public Body 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 Public Body or successor or on any obligations under the terms of the Agreement. Sec. 2. Equal Employment Opportunity. The Public Body for itself, and its successors and assigns, agrees that it will include the following provisions of this Section 2 in every contract or purchase order which may hereafter be entered into between the Public Body and any party (hereinafter in this Section called "Contractor") for or in connection with the construction of the Improvements, or any part thereof, provided for`in the Agreement unless such contract or purchase order is exempted by rules, regulations, or orders of the Secretary of Labor ussued pursuant -13- to Section 204 of Executive Order 11246 of September 24, 1965: "Sec. 3. Equal Employment Opportunity. During the performance of this contract, the Contractor agrees with the Public Body as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and after October 13, 1968, because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, or national origin, and after October 13, 1968, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or,recruitment advertising; layoff or termination] rates of pay or other forms of compensations and selection for training, inc)tuding apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and employees and applicant for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitptions or advertise- ments for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employ - :sent without regard to race, creed, color, or national origin, and after October 13, 1968, without regard to race, color, religion, sex, or national origin. (c) The Contractor will send to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice, to be provided, advising the labor union or worker's representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 25, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of .. -14- Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders::of the Secretary of Labor or the Secretary of Housing and Urban Development pursuant thereto, and will permit access to the Contractor's books, records, and accounts by the Agency, the Secretary of Housing and Urban Development, and the Secretary of Labor for purposes and investigation to as- certain compliance with such rules, regulations and orders. (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as pro- vided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the provisions of Paragraphs (a) through (g) of this Section in every subcontract or purchase order unless exempted by Section 204 of Executive Order 11246 of September 24, 1965,.so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any construction contract, subcontract, or purchase order as the Agency or the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliances Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Agency or the Department of Housing and Urban Development, the Contractor may request the United States to enter into such litigation to protect the interests of the United States." -15- For the purpose of including such provisions in any construction contract or purchase order, as required by this Section 2, the term "Public Body" and the term "Contractor" may be changed to reflect appropriately the name or designation of the parties to such contract or purchase order. Sec. 3. Notice. A notice of communication under the Agreement by either party to the other shall be sufficiently given or delivered if dispatched by registered mail, postage prepaid, return receipt requested, and (a) In the case of a notice or communication to the Public Body, is addressed as follows: and, City Manager, City Hall, 916 Texas Avenue, Lubbock, Texas, (b) in the case of a notice or communication to the Agency, is addressed as followsa Urban Renewal Agency, 1114-10th Street, Lubbock, Texas, Attentions Mr. H. O. Alderson, or is addressed in such other way in respect to either party as that party may, from time to time,designate in writing dispatched as provided in this Section. Sec. 4. Agreement Survives Conveyance. None of the provisions of the Agreement is intended to or shall be merged by reason of any deed transferring title-to'the Property from the Agency to the Public Body or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of the Agreement. three (3) Sec. 5. Counterparts. The Agreement is executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. IN WITNESS WHEREOF, the Agency has caused the Agreement to be duly executed in its behalf and its seal to be hereunto affixed and attestedi and the Public Body has caused the same to -16- Thence South 860 57' 46" East, 105.8 feet to a point, the beginning of a curve to the right of radius 20.0 feet, said point also being a corner of this tract; Thence Southeasterly, around the arc of a curve to the right of radius 20.0 feet, an arc distance of 30.17 feet to a point for a corner of this tract; Thence South, 15.05 feet to a point, the beginning of a curve to the left of radius 598.0 feet, said point also being a corner of this tracts Thence Southeasterly, around the arc of a curve to the left of radius 598.0 feet, an arc distance of 328.95 feet to a point for a corner of this tract; Thence South 310 31' East, 291.35 feet to a point, the beginning of a curve to the right of radius 25.0 feet, said point also being a corner of this tract; Thence Southwesterly, around the arc of a curve to the right of radius 25.0 feet, an arc distance of 53.02 feet to a point for a corner of this tract; Thence West, 1176.07 feet to a point, the beginning of a curve to the right of radius 25.0 feet, said point also being a corner of this tract; Thence Northwesterly, around the arc of a curve to the right of radius 25.0 feet, an arc distance of 51.7 feet to a point for a corner of this tract, said point also being the beginning of a curve to the left of radius 488.0 feet; Thence Northerly, around the arc of a curve to the left of radius 488.0 feet, an arc distance of 219.48 feet to a point for a corner of this tract; Thence North, 367.0 feet to a point for a corner of this tract, said point also being the beginning of a curve to the right of radius 20.0 feet; Thence Northeasterly, around the arc of a curve to the right of radius 20.0 feet, an arc distance of 31.41 feet to a point for a corner of this tract; Thence East 635.0 feet to a point for a corner of this tract; Thence South 864'57146" East, 125.18 feet to a point for a corner of this tract; Thence South 56.37 feet to a point for a corner of this tract; Thence West 15.0 feet to a point for a corner of this tract; Thence South, 15.0 feet to a point for a corner of this tract; Thence West 147.5 feet to a point for a corner of this tract; Thence South 104.0 feet to a point for a corner of this tract; Thence East 182.5 feet ;to a point for a corner of this tract; Thence North 174.31 feet to the place of beginning. Page 3 Thence Northwesterly, around the arc of a curve to the right of radius 25.0 feet, an arc distance of 39.27 feet to a point for a corner of this tracts Thence North, 880.0 feet to a point for a corner of this tract, said point also being the beginning of a curve to the right of radius 25.0 feet; Thence Northeasterly, around the arc of a curve to the right of radius 25.0 feet, an arc distance of 39.27 feet to a point for a corner of this tract; Thence East, 1256.0 feet to a point for a corner of this tract, said point also being the beginning of a curve to the right of radius 25.0 feet; Thence Southeasterly, around the arc of a curve to the right of radius 25.0 feet, an arc distance of 33.11 feet to a point for a corner of this tract, said point also being the beginning of a curve to the right of radius 488.0 feet; Thence Southerly, around the arc of a curve to the right of radius 488.0 feet, an arc distance of 120.23 feet to a point for a corner of this tract; Thence South 155.0 feet to a point for a corner of this tract; Thence West 100.0 feet to a point for a corner of this tract; Thence South, 180.5 feet to a point for a corner of this tract; Thence West 172.5 feet to a point for a corner of this tract; Thence South, 154.5 feet to a point for a corner of this tract; Thence West, 162.5 feet to a point for a corner of this tract; Thence South, 297.5 feet to the place of beginning. Tract 3: Lot One (1), Block One (1), of the proposed Memorial Center Addition to the City of Lubbock, Lubbock County, Texas. The following is a metes and bounds description of Lot One (1), Block One (1), Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, written prior to actual survey in the field: Beginning at a point, the intersection of the South right- of-way line of Fourth Street with the East line of the alley in Block 4, Original Town of the City of Lubbock, for the beginning corner of this tract; Page 2 i be: duly executed in its behalf, on or as of the day and year first above written. i i`. { CI BY ATT ST sJ , City Secretary i APPROVED AS TO FORM AND LEGALITY: City Attor ey ATPgW % secretary URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK B a rman of t - dard SCHEDULE "A" Description of Property All that certain parcel or parcels of land located in'the City of Lubbock, County of Lubbock, State of Texas, more particularly described as follows: Tract 1: Lot One (1), Block Two (2), of proposed Memorial Center Addition to the City of Lubbock, Lubbock County, Texas. The following is a metes and bounds description of Lot One (1), Block Two (2)r of the proposed Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, written prior to actual survey in the fields Beginning at a point, the intersection of the -North right-of-way line of Ninth Street with the East line of the alley in Block 68, Original Town of the City of Lubbock,.for the beginning corner of this tract; Thence North 297.5 feet to a point for a corner of this tract; Thence East 427.5 feet to a point for a corner of this tract, said point being in a curve of radius 488.0 feet; Thence Southwesterly, around the arc of a curve to the right of radius 488.0 feet, an arc distancejof approximately 340 feet to a point for a corner of this tract, said point also being the beginning of a curve to the right of radius 25.0 feet; F Thence Southwesterly, around the arc of a curve to the right of radius 25.0 feet, an arc distance of 19.19 feet to a point for corner of this tract; Thence West, 230.0 feet to the place of beginning. Tract 2: Lot Three (3), Block Two (2), of the proposed Memorial Center Addition to the City of Lubbock, Lubbock County, Texas. The following is a metes and bounds description of Lot Three (3), Block Two (2), Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, written prior to actual survey in the field: Beginning at a point, the intersection of the North right- of-way line of Ninth Street with the East line of the alley in Block 68, Original Town of'the City of Lubbock, for the beginning corner of this tract; Thence West, 870.8 feet to a point for a corner of this tract said point also being the beginning of a curve to the r�ght of radius 25.0 feet; �HD 11'LepalNdtices NOE ADVERTISE•1fENS FOR'$IDS %ID&? DEMOIN,t AND NCE Sl'fE CLEAR. O MEMO1i1AL ACENTER cowl. !t^� . The UMTEX. R-738Ay .7 V L71r of Lubbock Teri lwlllyteMcettve .so ClearanBid, xated tmolthe and 6 t¢ Gaoler ComDltx fa Wa Memotdu ! PnaleeE ilex, %• ' Urban Reaewu atta. of the AUI,(C) In t e central a m, will bt received a itil T p�pp ao boa Renewal bar 5. at :the Vr- Lubbock, of the CIt y of !! //�� lll4 Tenth Street, .Lubbock, ll•;VO Texas, et which lime and Dlece all B1ds will be pub11c1y oDeaed and IIE_��� read aloud... Itemaa n re InviteuDoa . descrtand molor ryud antttiea of wseveral .11 ork Tech I 1 SDec16. oe Drawings and and D18cln tit Pavl°R:-curb, palter Contract romDacteI tDadway fill.' rawla a 4 Doc°menu, fncludlna ifons, Or and Techucal SPeciflea- ffe tmbhoex On file at toe office of the ll14 Tenth'6tree6 Lub u Aaency at IZCopies o[. the .� bock, Texas. may. De +binned b ntraM Doeumeats wih the Lubboekr deaositlna ia0.p0 716ncyter each Vrban Reaearu Yo"obtaiattl.'EaCh suchafdcocu'aanta be refunded Ir t11e Posit will ConlraM DnnnmOWN +BrewaIIa and 'HI U B d conditlen within 10 returned 1n YL/ id oPenfng. _. daYs utter iiofory BfQ Bondbonds.or. �'"8Q d'Irr and as McDtah%wur�ty bet). dfunt taunt to ten Der cenC Iitlon n the estimated cost at des a deite Clearanre excluslve an'v deductlons for aalvaat,'khall is wflh each bid The auDcesafu] 8ldder wits be dutretl to famish and Day fdr sal Vta.9 (bonds, aDN'(0lttlflllet.: and. Dayml s t Attelention 1s called -to {he fact th not han the ,minimum snarl tel Cron racta�Documenf! forth ' 1a t on s ProltM, moat bel De and that -thCo r anQMor must ensure that Rra7nenl Pplicanta for tmplosnt �� oat AlscrhniDatetl against b aT national nrftheir race. ¢in color, sex,e i v !347a A¢encv r!s e'eMd Urban Renews ahY or +rved the rlaht M re1e< ll nida O or dto walyt an . ,inlnrmalities a the bdln¢, Bids may be held 6r the Luhbocl . Urban Rettewal Agency (Or a pot to a geed thiarty (30) day.Dfr,, thethe date ! 'the Denlna. of Did. tm _ and iewruosliaatl a theiaa the $id! otha,'the Riddeta,'Drlwr to Vualifirationa ConIT W. awetylna f 'Ills M Iaifih,Ri,.ei pm81.__taeney :ef lb, ftih.