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HomeMy WebLinkAboutResolution - 042877D - URA And COL Joint Contract - Highland Interiors - Memorial Center Complex - 04_28_1977�J A KJ/hw 1YM QnT TT IP WNTO 04/ZoO 7i WHEREAS, the URBAN RENEWAL AGENCY of the City of Lubbock, Texas, and the CITY OF LUBBOCK entered into a joint contract with HIGHLAND INTERIORS, INC, for the installation of carpeting in the Memorial Center Complex, and, WHEREAS final acceptance of the carpeting and installation as prescribed under said contract has been made, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK- THAT the CITY COUNCIL does hereby accept such improvements and the assignment and transfer of any and all interests therein from the URBAN RENEWAL AGENCY of the City of Lubbock to the CITY OF LUBBOCK. Passed by the City Council this 28rfi day of n„rfi , 1977 ROY BASS, MAYOR .ATTEST: Treva Phillips, City ecretary-Treasurer APPROVED AS TO FORM: KJlhw LESOLUTION WiIEF EAS, the ULBAN XgENEWAL AGENCY of the City of Lubbock, and the CITY OF LUBBOCK entered into a> joint contract with PAGE AND WMTZ,' CONSTEUCTION COMPANY for the construction and installation of certain site improvements as part of the development of the Memorial Center Complex and, WHELEAS, final acceptance of the work prescribed under said contract has been made, NOW TIiELEFOEE, BE IT I=ESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCKr THAT the CITY COUNCIL does hereby accept the asstgnment and transfer of such improvements from the UIXAN LENEWAL AGENCY of the City of Lubbock to the CITY OF LUBBOCK. Passed by the City Council this 28 day of APRIL 1877. MY BASS, MAYOL ATTEST: czaw V • Treva Phillips. Cif Secretary -Treasurer APPROVED AS TO FOEM: Fred O. Senter. Jr., City Attorney A ASSIGNMENT AND TRANSFER. WHEREAS, the -Urban Renewal Agency of the City of Lubbock, Texas, a corporate body politic, created and existing pursuant to the Texas Urban Renewal Law, Article 1269L-3, Revised Civil Statutes of Texas (hereinafter called "Agency"), and the City of Lubbock, Texas, a home -rule municipal corporation under the laws of the State of Texas (hereinafter called "City"), entered into a joint contract with High- land Interiors, Inc., for the installation of carpeting in the Memorial Center Complex, Urban Renewal Project No. TEX-R-138(C); and WHEREAS, final acceptance of the carpeting and installation thereof as prescribed under the said contract has been made, by the Agency and by the City, the effective date of which was'March 18, 1977; and WHEREAS, a portion of the carpeting installed under the said contract was done and performed on behalf of the Agency, in the Memorial Center Complex which was constructed upon real property either owned by the City or dedicated to public use for the benefit of the public, under applicable law; and WHEREAS, the Agency is desirous of assigning and transferring any and all interest it might have in and to the carpeting installed in the Memorial Center Complex, which was constructed upon property owned by the City or dedicated to public use within the Lubbock Memorial Center Complex, Urban Renewal Project No. TEX-R-138(C), as of March 18, 1977, the date of acceptance of the carpeting under the contract, by the City and by the Agency; and WHEREAS, certain of the contract rights and obligations in the contract entered into by and between Highland Interiors, Inc., the City, and the Agency, and particularly those rights as are set forth in that section of the contract entitled "General Conditions, Part I" should be transferred and assigned to the City; and WHEREAS, all other terms and conditions in the said contract, particularly "Part II" and "Attachment to Part II of General Condi- tions" shall remain the responsibility of the Agency and are not to be transferred and assigned hereby. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS; That for and in consideration of the premises, and in consideration of the mutual benefits heretofore received, the Agency has ASSIGNED, TRANSFERRED and CONVEYED and does by these presents, ASSIGN, TRANSFER and CON- VEY to the City, any and all interest it may have in and to the car- peting installed within the Memorial Center Complex, Urban Renewal Project TEX-R-138(C), pursuant to the contract entered into with Highland Interiors, Inc., together with all warranties with respect to the work and materials thereunder, express or implied; guaranties with respect to the work and materials, express or implied; and any and all causes or rights of action, claims, or demands",, of whatsoever kind or nature, which may exist or which may arise in the future, under the said contract; and further, FOR AND IN CONSIDERATION of the premises, the Agency has ASSIGNED and TRANSFERRED, and by these presents does hereby ASSIGN and TRANSFER to the City, all of its.interests, rights, obligations, or duties, contained in or with respect to certain portions of the said contract entered into by and between Highland Interiors, Inc. and the Agency, for the furnishing and installation of carpeting within the Memorial Center Complex, Urban Renewal Project TEX-R-138(C), specifically, those rights and obligations as are contained in the said contract known and set forth as "General Conditions, Part I"; further, IT IS UNDERSTOOD and AGREED that all other terms and conditions in the said contract with Highland Interiors, Inc., particularly "Part II" and "Attachment to Part II of General Conditions", are not transferred and assigned hereby, and all interests, rights, duties and obligations thereunder shall remain vested in the Agency; further IT IS UNDERSTOOD and AGREED that the assignment, transfer and conveyance of any and all interests in and to the carpeting installed within the Memorial Center Complex, Urban Renwal Project TEX-R-138(C), as is recited herein, shall be effective as of March 18, 1977, and as of such date, the Agency shall have had no further responsibility, if any it had, with regard to the maintenance, insurance, or any other like item, with respect to the carpeting installed within the No Text