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HomeMy WebLinkAboutResolution - 042877I - Acceptance Of Assignment And Transfer Of Improvements From URA To COL - 04_28_1977KJ/hw RESOLUTION WHEREAS, the URBAN RENEWAL AGENCY of the City of Lubbock, and the CITY OF LUBBOCK entered into ajjoint contract with PAGE AND WMTZ' CONSTRUCTION COMPANY for the construction and installation of certain site improvements as part of the development of the Memorial Center Complex and, WHEREAS, final acceptance of the work 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 the assignment and transfer of such improvements from the URBAN RENEWAL AGENCY of the City of Lubbock to the CITY OF LUBBOCK. Passed by the City Council this 7Rrh day of April 1977 BOY BASS, MAYOR ATTEST: Treva Phillips, City/11ecre tary- Treasurer APPROVED AS TO FORM: O. Senter, Jr y Attorney t 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 Page & Wirtz Construction Company for the construction and installation of certain site improvements as part of the develop- ment of the Memorial Center Complex, Urban Renewal Project TEX-R-138(C); and WHEREAS, final acceptance of the work as prescribed under the said contract has been made, by both the Agency'and by the City, by .o-fficial action of their governing bodies, the effective date of the acceptance of the work being January 27, 1977; and WHEREAS, certain of the site improvements under the said con- tract, specifically, "Part II: Two Level Pedestrian Mall, Pedestrian Bridge, Entrance Plaza", and "Part III: Site Improvements" were done and'performed on behalf of the Agency, upon real property either owned by the City or dedicated to public use or for the benefit of the public, under applicable law; and WHEREAS, the Agency.is desirous of the Assignment and Transfer of any and all interest it might have in and to the improvements constructed upon the real 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 January 27, 1977, the date of acceptance of the work by.the City and by the Agency; and WHEREAS, certain of the contract rights and obligations in the contract entered into by and between Page & Wirtz Construction Com- pany, the City, and the Agency, and particularly those rights as are set'forth in that •section of the contract entitled "General Condi- tions, Part I" of both parts of the said contract with the Agency, entitled "Part II: Two Level Pedestrian Mall, Pedestrian Bridge, and Entrance Plaza" and "Part III: Site Improvements" should be transferred and assigned to the City; and p WHEREAS,'.all other terms and conditions in the said contract, particularly "Part II".and "Attachment to Part II of General Con- ditions" of both parts of the said contract, entitled "Part II: Two Level Pedestrian Mall, Pedestrian Bridge, and Entrance Plaza" and "Part III: Site Improvements",.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 i.n consideration of the mutual benefits heretofore received, the Agency has ASSIGNED, TRANSFERRED and CONVEYED and does by these presents, ASSIGN, TRANS- FER and CONVEY to the City, any and all interest it may have in and to the improvements constructed within .the Memorial Center Complex., Urban Renewal Project TEX-R-138(C) (together with all warranties with respect.to the work - and materials employed in such construction job, express or implied.; guaranties with respect to the work and materials employed in such•construction job, express or implied; any and all causes or rightsof action, claims, demands of whatsoever kind or nature, which:mayfe7cist or which.may arise in the future), under the contract entered into with Page & Wirtz Construction Company for the construction thereof, upon real property owned by the City or dedicated to the public use for the benefit of the public; 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 Page & Wirtz Construction Company.and the Agency, for the.construction of certain of the im- provements within the Memorial Center Complex, Urban Renewal Project TEX-R-138(C), specifically those rights and obligations as are con- tained in the said contract known and set forth as "General Conditions, Part I" of both parts of said contract, entitled "Part II: Two Level Pedestrian Mall, Pedestrian Bridge, and Entrance Plaza" and "Part III" Site Improvements" of the said contract; further IT IS UNDERSTOOD and AGREED that all of the terms and con- ditions in the said contract with Page & Wirtz Construction Company -2- ^' particularly "Part II" thereof and "Attachment to Part II. of General Conditions" of both parts of the said contract, entitled "Part II: Two Level Pedestrian Mall, Pedestrian Bridge ano Entrance Plaza" and "Part III: -Site Improvements" are not transferred and assigned hereby and all interests, rights, duties and obligations shall re- main 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 improvements constructed and installed upon the'real property within the Memorial Center Complex, Urban Renewal,Project TEX-R-138(C), as is recited herein, shall be effective as of January 27, 1977, and as of such date, the.Agency shall have had no further responsibility, if any it had, with regard to maintenance, insurance, utilities or any other like items, with respect to the improvements constructed and installed within the Memorial Center Complex pursuant to the said contract with Page & Wirtz Construction Company; and the assignment and transfer of the contract rights, duties and obligations as -is recited herein shall be effective as of January •27, 1977, and the Agency shall have had no further responsibility with regard to the said contract rights so transferred and assigned herein as of said date. EXECUTED this >>th day of April 1977. URBAN RENEWAL AGENCY OF THE i CITY OF LUBBOCK, TEXAS i By: C a'rman' ATTEST: Secretary THE STATE OF TEXAS COUNTY OF.LUBBOCK BEFORE ME, the undersigned authority, on this day personally appeased KENNETT HOBBS and H. 0. ALDERSON, Chairman and Secretary, respectively, of the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS, known to me to be the persons and officers whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration .therein expressed,•in'the capacity therein stated, and as the act and. deed of the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 0`3ay of April, 1977. 11%otary Public in and or Lubbock County, Texas'4,()1,1:o P � -4-