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HomeMy WebLinkAboutResolution - 101476L - Contract Of Sale - URA - Fourth Action Year Neighborhood Devel Prog - 10_14_1976BE 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 a CONTRACT OF SALE between the City of Lubbock and the Urban Renewal Agency of the City of Lubbockk for Disposition Parcels 6C-1-1 and 6C-18-1, Neighborhol Development Program, 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 14th day of October 197 7"S ' ROY BASS, MAYOR ATTEST: TREVA PHILLIPS, TY SECRETARY -TREASURER APPROVED AS TO FORM: FRED 0. SENT R, JR., C Y TORNEY CONTRACT FOR SALE OF LAND -FOR REDEVELOPMENT BY THE CITY OF LUBBOCK. This Agreement, (hereinafter called "Agreement").made on or as of the 14th day of QexRer 1976,. 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 1269L-3 R.C.S. of Texas), the Agency has undertaken a program for the clearance and resonstruction 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 "Fourth Action Year - Neighborhood Development Program - 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 Fourth Action Year - Neighborhood Development Program - Urban Renewal Project; dated April 25, 1974 and originally approved by the City of Lubbock by resolution passed on the 23rd day of May, 1974, which plan, as it may be hereafter be further amended from time to time pursuant 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 constituted on the date of the Agreement, has been recorded among the land records for the place in which the Project Area is situated, namely, in the Deed Records of Subbock County, Texas, in Volume 1401, Page 98; and ._• � .u.l }. _. r .. - L G i 1HC . �i. iv �":..'�fi�f AP iw...i: Vtwz�1M' .�Ad$ �k.3b.bY•1"�":d. WHEREAS, in order to enable the Agency to achieve the objec- tives of the Urban Renewal Plan, and particularly to make 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 the Public Body have undertaken to provide, and have provided, substantial aid and assistance to the Agency through a Contract.for Loan and Capital Grant dated August 21, 1974 in the case of -the Federal Government, and a Cooperation Agreement dated June 27, 1974, in the case of the Public Body; NOW THEREFORE, each of the parties hereto, for and in consider- ation 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 FOUR THOUSAND EIGHT HUNDRED FORTY-FIVE DOLLARS ($4,845.00), (hereinafter called "Purchase Price") which Purchase Price shall be paid as follows: Tract I .. ............... .....$4,600.00 Tract 2.. ................... 245.00 ' 4,845.00. Tracts 1 and 2 being more particularly described by metes and bounds in Schedule "A" attached hereto, and by reference made a part hereof as though copied in full herein. Such payment shall be in cash, or by such check as shall be satisfactory to the Agency, at the time and place provided herein. n Sec. 2. Conveyance. The Agency shall convey to the Public Body, upon payment in full of the Purchase Price by the Public Body, title to the Property by General Warranty Deed (hereinafter.collectively called "Deed"). Such conveyance shall, 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 improve- ments. (d) All applicable restrictions and.controls imposed by the Urban Renewal Plan for -the Third Action Year - Neighborhood Develop- ment Program. The Agency shall furhish the Public Body with a title policy on the Property or a title opinion signed by an attorney acceptable to the Public Body. Sec. 3. Delivery of Deed. The Agency shall deliver the Deed and possession of the Property to the Public Body upon payment of the full Purchase Price. ARTICLE II. PREPARATION OF PROPERTY FOR REDEVELOPMENT - Sec. 1. Preparation of Property. The Agency covenants that it has, prior to the execution hereof, prepared the property for redevelo ment and public reuse, in accordance with the Urban Renewal Plan applicable hereto. ARTICLE III. CONSTRUCTION OF IMPROVEMENTS Sec. 1. Construction Required. The Public Body, as redeveloper, will redevelop the Property by construction thereon for public use, which shall consist of public open space and plans with respect to the Improvements to be constructed or otherwise made.by the Public Body on the Property shall be submitted to the Agency upon request in sufficie 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 for it- self, its successors and assigns, and every successorin interest to. the Property, or any part thereof, and the Deed shall contain cove- nants on the part of the Public Body for itself and such successors and assigns, that the Public Body shall begin the redevelopment of the Property through the construction of the Improvements thereon, within three (3) months after the conveyance of the Property'to the Public Body, and the Public Body agrees to diligently proceed to complete the construction of the Improvements herein within twelve (12) months from such date. It is intended and agreed, and the Deed shall to expressly provide, that the agreements and covenants, of the Agreement pertaining to the Improvements shall be covenants running with the land and that they shall, in'any'event, and without regard to technical classification or designation, legal or other-' wise, 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 enforce- able 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. Certificate of Completion. Promptly after completion of the Improvements in accordance with the provisions of the Agree- ment, the Agency shall furnish the Public Body with an appropriate instrument so certifying. Such certification by the Agencyshall 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 completetion there of. 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 -4- to the.Property, or any part thereof, and the Deed shall contain covenants on the part of the Public Body for itself, and such suc- cessors and assigns, that the Public Body, and such successors and assigns, shall: (a) Devote the Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan.applicable hereto, as the same may hereafter be amended and extended from time to time; and (b) Not discriminate upon the basis of race, color, religion, sex 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. (c) Comply with the regulations•issued.by the Secretary of Housing and Urban Development set forth in 37 F.R. 22732-3 and all applicable rules and orders issued thereunder which shall prohibit the use of lead -based paint in residential structures undergoing federally assisted construction or rehabilitation and require the elimination of lead -based paint hazards. Sec. 2. Effect -of Covenants; Period of Duration-. It is intended and agreed, and the Deed shall so expressly provide, that the agree- ments 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 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 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 provided in subdivision (b) of Section l of this Article IV), against the Public Body, its successors and assigns, and every successor in 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 iz effect until January 1, 1992, (at which time such agreement and covenant shall terminate), -5- 17 TINXIMMM G.- and (b) in subdivision (b) of such Section l shall remain if effect without limitaion as to time. Sec. 3. Enforceability by Agency.'af►d United States. In ampli- fication, and not in restriction, of the provisions of Section 2 of this Article IV, it is intended and agreed that the Agency'shall be deenced a beneficiary of the agreements and covenants provided in Section,l of this Article IV, and the United States shall be deemed a beneficiary of the covenant provided in subdivision (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', 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 exer cise all the rights and remedies, and to maintain any actions ~or suits at law or in equity or other proper remedies, and to maintain any actions or suits -at law or in equity q y 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 Bodv has not made or created, and will not, prior to the .. w. 3 ✓ .>v z,a, !G-� .wr I_1:.�4"C proper completion of the Improvements, as certified by the Agency, make 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 dis- cretion 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 tinder the.Agreement. ARTICLE NI .- 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 inform the other to proceed to remedy or cure such default or breach within' 3p 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 proceed- ings to compel specific performance 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 30 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 Public 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 (any 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 there- from, with respect to the Agency or the Property, shall 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 of subcontractors due to such causes; it being the purpose and inten.t 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 ease may be, shall be extended for the period of the enforced delay; provided, that the party seeking'the benefit of the prov._sions of this -Section shall, within 30 days after the begin- ning of any such enforced delay, have first notified the other party thereof in writing, and of the caus" or causes thereof and requested an extension for the period of the enforced delay. Sec. 5. Rights and Remedies Clttnulative. The rights and remedie of the parties to the Agreement, whF;Uher provided by law or.by the Agreement, shall be cumulative and the exercise by either party of any one,or more of such remedies sh,:ts]_ not preclude the exercise by it, at the same or different tines, Of any other such remedies for th 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 ItIanner or time thereof, or any obligation of the other party or any Condition to its own obligation under the Agreement shall be considered a waiver of'any rights of the party making the waiver with respect to the particular -obliga- tion 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 such waiver shall be valid unless it is in writing duly signed by the party waiving the right or rights. ARTICLE VII. MISCELLANEOUS PROVISIONS See..1. Conflict of Interest. No member, official, or employee of the Agency shall have any personas; interest, direct or indirect, in the Agreement, nor shall any such-tftember, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interest of any corporation, partner- ship, or association in which he is, .lirectly or indirectly; inter- ested. 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 obliga- tions under the term of the Agreement. Sec. 2. Equal Employment OpportiEnity. The Public Body for itself, and its successors and assignEj, agrees that it will include _9_ the following prq (sions of this Section 2 in every contract or purchase order wj}ch may hereafter be entered into between the Public Body. and any party; (hereinafter in this Section called "Contractor") for or in connect.;hh with the construction of the Improvements, or any part thereof# J�rovided for in the Agreement unless such -contract or purchase order -.!a• exempted by rules, regulations, or orders of the Secretary of 11,i6or issued pursuant to Section 204 of:Executive Order 11246 of September 24, 1965: "Sec. 3. Eni1 Employment Opportunity. During the per- formance of "Ills contract, the Contractor agrees with the Public 13g4y as follows: (a) The Contractor will not discriminate against any employee hr applicant for employment because of race, creed, Holor, or national origin, and after October 13, .1468, because of race, color, religion, sex, or national (a-igin. The Contractor will take•affirma- tive action 1- ensure that applicants are.employed and that employegh are treated during employment, without regard to thcglr race, creed, color, or national origin, and after Oc�6ber 13, 1968, without regard to their race, color, f-eligion, sex, or national origin.. Such action shall iftclude, but not be limited to, -the fol- lowing: employment, upgrading, demotion, or transfer; recruitment qi. recruitment advertising; layoff or ter- mination; rah: s of pay or other forms of compensation; and selectio;l for training, including apprenticeship. The Contractq� agrees to post in conspicuous places, available to Htaployees and applicants.for employment, notices to bq provided by the Agency -getting forth the provisions o1 this nondiscrimination clause. (b) Thq Contractor will, in all solicitations or advertisenenkH for employees placed by or on behalf of the.Contractq` state that all qualified applicants gill receive cons-geration for employment without regard to race, creed, Holor, or national.origin, and after October 13, 1�68, without regard to race, color, reli- gion, sex or National origin. (c) The Contractor will send to each labor union or representpt _Lve of workers with which the Contractor has a collectjVe bargaining agreement or other contract or understan:-I l thg, a notice, to be provided, advising the labor un-thh or worker's representative or the Con- tractor's coptl"itments under Section 202 of Executive Order 11246 q.� September 25, 1965, and shall post copies of the notice; in conspicuous places available to employ- ees and applicants for employment. (d) Th4 Contractor will comply with all provisions of Executive 11r_der 11246 of September 24, 1965, and of the rules, re'}Hilations, and relevant orders of the Secretary of (,abor. (e) ThE: Contractor will furnish all information and reports IHguired by Executive Order 11246 of September 24, 1.965, and by the rules, regulations, and orders of th4 Secretary of Labor or the Secretary of Housing and i.ij-ban Development pursuant thereto, anc 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 pur- poses and investigation to ascertain.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 con- tract 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 in- voked as provided 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 Sec- tion 204 of Executive Order 11246 of September,24, 1965, so that such provisions will be.binding upon each sub- contractor or vendor. The Contractor will take such action with respect to any construction contract, sub- contract, or purchase order as the Agency or the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sane tions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threat- ened 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 litiga- tion to protect the interests of the United States."* For the purpose of including such provisions in any construction con- tract 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: City Manager, City Hall, 916 Texas Avenue, Lubbock, Texas, and (b) In the case of a notice or communication to the Agency, is addressed as follows: Urban P.enewal Agency, 1114 10th Street, Lubbbock, Texas Attention Mr. H. O. Alderso:i 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 pro- vided 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 tte 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 this Agreement. Sec. 5. Counter arts. The Agreement- is executed it four counterparts, each of which shall be deemed to be an original, and such counterparts shall,constitute one and the same instrument. IN WITNESS 14HEREOF, the Agency has caused the Agreement to be duly executed in its behalf and its seal to be hereunto affixed and .attested; and the Public Body has caused the same to be duly executed in its be or as of the day and year first above written. CITY OF LUBBOCK ............. BY Mayor ATTtST? A-tv Secretary APPROVED AS TO FORM AND LEGALITY: 63�Attorney City URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK By: iman of APBoard ATT S Secretary -12- SCHEDULE "A" TRACT 1. Tract A, Pavers Addition to the City of Lubbock, Lubbock County, Texas, being a Replat of the Northern portion of Lot 1, Pavers Addition to the City of Lubbock, Lubbock County, Texas TRACT 2 •A tract or parcel of land out of Block 83, Roberts & McWhorter Addition to the City of Lubbock, Lubbock County, Texas, more particularly described as follows - Beginning at a point 35' North and 25' East of the Southwest corner of said Block 83, Roberts & McWhorter Addition; Thence East barallel•to the South line of said Block 83, a distance of 122.8 feet to a point, the South- east corner of this tract; Thence North, parallel to the West line of said Block 83, a distance of 40.0 feet to a point, the North- east corner of this tract. - Thence West, parallel to the South line of said Block 83, a distance of 122.8 feet to a point 25 feet East of the West line of said Block 83, the Northwest corner of this tract; Thence South, parallel to the West line of said Block 83, a distance of 40.0 feet to the place of beginning.