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Home My WebLink AboutResolution - 2003-R0096 - Deed Without Warranty - Fiestas Del Llano, Inc. - 02_27_2003Resolution No. 2003-R 0096 February 27, 2003 Item No. 31 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, a Deed Without Warranty, by and between the City of Lubbock and Fiestas del Llano, Inc. and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: &L,--) 6� g�z- Martha Ellerbrook Director of Management Services APPROVED AS TO FORM: February 12, 2003 day of February ,2003. C N DATE: March 15, 2003 File.And !getuyn TC Ed icy R-0-W DEED WITHOUT WARRANTY 11632 Resolution No. 2003—R0096 February 27, 2003 Item No. 31 VOL �212PAc�32.� + d� GRANTOR: City of Lubbock, Texas CD GRANTOR'S MAILING ADDRESS: P.O. Box 2000, Lubbock, TX 79457 GRANTEE: Fiestas del Llano, Inc. GRANTEE'S MAILING ADDRESS: P.O. Box 94814, Lubbock, Texas 79493 CONSIDERATION: Grantor and Grantee expressly stipulate that Grantee shall utilize the Property solely in a manner that promotes a public purpose of the Grantor. Grantor and Grantee stipulate that the consideration of public purpose use by Grantee is the sole consideration to be received by Grantor for the conveyance of the Property by Grantor and that such consideration is sufficient in all respects. PROPERTY (INCLUDING ANY IMPROVEMENTS): 2422 — 3rd Street, Lubbock, Texas. Legal Description: The east 31 feet of Lot 31 and all of Lots 32 and 33, Block 4, Perkins Subdivision of Block 17 of the Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas. The Property is conveyed to Grantee, and Grantee's successors and assigns for so long as the Property is used to promote a public purpose of the Grantor. If the Property ceases to be so used, all rights, title, and interest conveyed by this instrument shall automatically revert to and vest in Grantor, and Grantor's successors and assigns, without i the necessity of any further act on the part of or on behalf of the Grantor, it being the intent of Grantor to convey a fee simple determinable estate to the Grantee. For the purposes hereof, "public purpose" of the Grantor shall mean the center will be a Deed Without Warranty Page 1 of 5 VOL 8212PAGF.3.3Q multifunctional facility that will benefit low to moderate income residents of that area with activities and services such as: ■ A Hispanic Arts and Culture center providing art and theater programs ■ As a meeting place for neighborhood associations ■ As a studio for ballet folkloric groups for the purpose of practice and training ■ As office space for non -profits ■ To provide health screening and health services ■ As an extension for community programs ■ As an Information and referral center ■ To house a computer lab ■ To provide training, tutoring and other educational opportunities ■ Most importantly, as a heart to house and share our history REPRESENTATIONS AND WARRANTIES OF GRANTEE: Grantee warrants and represents that it is a non-profit organization, as that term is defined in the Texas Local Government Code Section 253.011(a). Grantee represents and warrants to Grantor that it has made an independent inspection and evaluation of the Property and the title to same and acknowledges that Grantor has made no statements or representations concerning the present or future value of the Property, the state of title of the Property, the condition, including the environmental condition of the Property, or the anticipated income, costs, or profits, if any, to be derived from the Property. Deed Without Warranty Page 2 of 5 VOL 8?12NGE 3.3, FURTHER, GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO THE DESCRIPTION, TITLE, INCLUDING WITHOUT LIMITATION, THE EXISTENCE OF LIENS AGAINST THE PROPERTY, THE VALUE, QUALITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY AND/OR IMPROVEMENTS LOCATED THEREON, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF THE PROPERTY. Grantee further acknowledges that, in accepting this Deed Without Warranty, it has relied solely upon its independent evaluation and examination of the Property, and public records relating to the Property and the independent estimates, computations, evaluations and studies based thereon. Grantor makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Grantee, if any, whether furnished by Grantor or any other third party. Grantor, its officers, employees, elected officials, independent contractors, and agents assume no liability for the accuracy, completeness or usefulness of any material furnished by Grantor, or any of its officers, employees, elected officials, independent contractors and/or agents, if any, and/or any other person or party. Reliance on any material so furnished shall not give rise to any cause, claim or action against Grantor, its officers, employees, elected officials, independent contractors and/or agents, and any such reliance shall be at Grantee's sole risk. Deed Without Warranty Page 3 of 5 VOL ��12PAGE.3.�z THE CONVEYANCE OF THE PROPERTY SHALL BE ON A "WHERE IS", "AS IS", AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESSED, STATUTORY OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO TITLE, INCLUDING, BUT NOT LIMITED TO THE EXISTENCE OF LIENS AGAINST THE PROPERTY, THE DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY AND/OR IMPROVEMENTS LOCATED THEREON, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, QUALITY, VALUE, FITNESS FOR PURPOSE, MERCHANTABILITY OR OTHERWISE. Grantee has satisfied itself as to the title, type, condition, quality and extent of the property and property interests which comprise the Property it is receiving pursuant to this Deed Without Warranty. Grantor, for the consideration and subject to the reservations and exceptions to conveyance, grants, sells, and conveys to Grantee the Property, to have and to hold it to Grantee and Grantee's successors and assigns forever, without warranty, express or implied, statutory or otherwise, and all warranties that might arise by common law and the warranties created by Section 5.023 of the Texas Property Code (and all amendments and successors thereto) are expressly excluded. EXECUTED THIS 27th DAY OF February_, 2003. r Deed Without Warranty Page 4 of 5 ATTEST: R b Garza, City Secre APPROVED AS TO CONTENT: qw('t&Ub4_ Martha Ellerbrook, Director of Management Services APPROVED AS TO FORM: vaN.I'uN a ui:. °x THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public i on this day personally appeared MARC MgDOUGAL,.16i to m is subscribed to the foregoing instrument and who acknowledged tc same in the capacity therein stated and for the purposes aril consids UMN ER MY HAND AND SEAL OF OFFICE, this ZA 2 Cu c No Pu vcityanMehard/Deedwithoutwammty 3 Lubbock ( July 17, 2002 needwimoutworaatr FILED FOR RECORA 7jP03 MAR 14 PM 2: 08 oQ l ��1/ COUNTY CLERK, IUSBUC COUH7Y.TFXAS i for said County, Texas, I1P�+�fP 11P1'CAT'li/�1ACP on fId �. 0t�al nereai by nw MAR 14 2003 O�S?� 9. COUNTY CLERK LUBBOCK COUNTY. TM(AS Resolution No. 2003-R0096 Fiestas del Llano, Inc. February 11,2003 City of Lubbock c/o Martha Ellerbrook P. 0. Box 200, Lubbock, Texas 79408 RE: Public Purpose Statement By taking ownership of the facility located at the corner of 3rd Street and University Avenue, and removing the lease requirements made by previous leadership of the board of Fiestas del Llano, Inc., we, Fiestas del Llano, Inc. shall utilize the facility as a Hispanic Multipurpose Cultural Center. Fiestas del Llano, Inc. will provide surrounding neighborhood organizations and groups access to the facility. This center will be a multifunctional facility that will benefit low to moderate residents of that area with activities and services such as: ■ A Hispanic Arts and Culture center providing art and theater programs. ■ As a meeting place for neighborhood associations. ■ As a studio for ballet folkloric groups for the purpose of practice & training. • As office space for non- profits. ■ To provide health screening and health services. ■ As an extension for community programs. ■ As an Information and referral center. ■ To house a computer lab. ■ To provide training, tutoring and other educational opportunities. ■ Most importantly, as a heart to house and share our history. We are hopeful that this facility will initiate other opportunities that will correspond to the needs of the neighborhood and North University Ave. Further, we believe that this Center will be a frontage to attracting and sustaining traffic that could potentially be disrupted by the development of the Marsha Sharp Freeway. If we can provide additional information, or answer additional questions, please contact me at (806) 797-7233. Again, on behalf of the Board of Directors, thank you. Sincerely, Christy Martinez P. 0. Box U814 Lubbock, Texas 78483 www.nestadeNano.orp Fiesta Del Llano, Inc. Board of Directors Meeting (Meeting held at North University United) February 8, 2003 Members Present: Christy Martinez, Board Chair; Jenny Blanco, Vice Chair; and board members: Teresa Herrera, Susie Juarez, Mary Jane Gutierrez, and Frank Gutierrez. I. Christy Martinez called the special meeting to order at 10:02 am II. Minutes and Treasurer report: Tabled until general meeting III. Reports Chair report — Christy ■ Building (3rd and University) ❖ Asbestos abetment complete ❖ Roof contractor to begin roof repair. ❖ Branden (electrician) has been contacted for estimate. ❖ Public purpose statement being prepared by Chair ❖ Building to be used for: ■ A Hispanic Arts and Culture center providing art and theater programs. ■ As a meeting place for neighborhood associations. ■ As a studio for ballet folkloric groups for the purpose of practice & training. ■ As office space for non- profits. ■ To provide health screening and health services. ■ As an extension for community programs. ■ As an Information and referral center. ■ To house a computer lab. ■ To provide training, tutoring and other educational opportunities. ■ Most importantly, as a heart to house and share our history. ❖ Discussion: Building ownership 1 Motion: Frank Gutierrez In order to proceed with the option of Fiesta taking ownership of the building and removing the lease requirements made by previous leadership, Fiestas Del Llano Inc. will accept responsibility on building (3`d and University) contingent upon Lubbock City Council approval for ownership. Building will be utilized as a multifunctional facility, as stated in public purpose statement. Seconded: Susie Juarez Vote: All in favor. ■ Cinco De Mayo - Event ❖ North University Hasting has been contacted. Pending negotiation. Meeting scheduled for next week. TBO ❖ Starlite Amusement has contacted us in regards to event. Pending negotiation. ❖ Vendors — Tabled until next meeting ❖ Entertainment — Tabled until next meeting ❖ Security —Tabled until next meeting ■ Fiesta Property ❖ Equipment obtained ❖ Fax machine obtained ❖ Records obtained ❖ Action tabled until next meeting. ❖ Audit will be conducted in preparation for tax purposes, etc. V. Board of Directors Update ❖ Currently recruiting new Board members ❖ Ad to be place seeking candidates ❖ Suggested Candidates: ■ Dr. Edward Caberera (Accepted) ■ Daniel Sanchez, Oral Historian (Accepted) ■ Richard Molina, Principal ■ Alex Torres ■ Alex Bera ■ Nolan Watson (Pending) 2 ix. meeting Aa oumea: i i: i u am Motion made: Susie Meeting adjourned Seconded: Teresa Vote: All in favor. Next Meeting: Scheduled for February 22,2003 at 7:00 am (North University United) k