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HomeMy WebLinkAboutResolution - 2003-R0347 - Deed Without Warranty - American Red Cross - 08_28_2003 (5)Resolution No. 2003—RO347 August 28, 2003 Item No. 60 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 the American Red Cross. Said Deed Without Warranty is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 28th day of August , 2003. ATTEST: (D-0-L, -4 . a�� Rebecca Garza, City ecreta.xy AS TO CONTENT: Harlan APPROVED AS TO FORM: /ke/ccdcos/Deedwithoutwarranty.AmericanRedCross. Res August 7, 2003 Resolution No. 2003-RO347 August 28, 2003 Item No. 60 DEED WITHOUT WARRANTY DATE: August 29, 2003 GRANTOR: City of Lubbock, Texas GRANTOR'S MAILING ADDRESS: P.O. Box 2000 Lubbock, TX 79457 GRANTEE: American Red Cross GRANTEE'S MAILING ADDRESS: 2201 19' Street Lubbock, Texas 79401 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): 2201 19`h Street, Lubbock, Texas 79401 Legal Description: Lot, tract or parcel of land lying and being situated in Lubbock County, Texas, the same being all of Lots one (1) and Two (2) in Block Number Forty Nine (49) of the McCrummen Second Addition to the town of Lubbock, Texas, according to the map or plat thereof of record in the Deed Records of 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 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 American Red Cross Center provides relief to victims of disasters and help people prevent, prepare for, and respond to emergencies. 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. 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. 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 28th DAY OF August , 2003. I'llZ"Q-11 CITY OF ATTEST: 'Ra' -C -tc An 2- [�� Reb cca Garza, City Secretary APPROVED AS TO CONTENT: r�03 Harlan Stauff6r, Fac' ' es Manager AS TO FORM: STATE OF TEXAS COUNTY OF LUBBOCK § UGAL, MAYOR BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared MARC McDOUGAL, known to me to be the person whose name is subscribed to the foregoing instrument and who acknowledged to me that he executed the same in the capacity therin stated and for the purpose and consideration therein expressed. A GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2003. CELIA WEBB Notary Public Notary Public, State of Texas My Commission expires: My Commission Expires o3-ot-loos GRANTEE: By: (-AzsWe- Name: Title: , �rl, 41,Cc Resolution No. 2003—RO347 American Red C roe i obbock-,South _PMints Chaptet Serving the people of Bailey, Cochran, Crosby, Dickens, Garza, Hockley, Kent, Lamb, Lubbock, Lynn, Terry and Yoakum Counties, SSDA—Hale, Floyd and Motley Counties The Mission of tke American }Zed Cross (from kttl2,//www.nix.com/rcJcross/FAOs.ktml) The American }zed Cross, a humanitarian organization led 69 volunteers, guided 69 its Congressional Charter and the Fundamental Principles of the International }zed Cross Movement, will Provide relief to victims of disasters and help people prevent, prepare for, and respond to emergencies. South Plains ChapterAmerican Ked Cross board Meeting 1 1/07/02 Present: Andy Anderson, Amber Bickel, Rex Castle, Chris Coke, Bob Curlee, Sean Donahue, Bruce Dougherty, Mindy Hegi, Judy Helm, Royce Ivory, Annette Kluck, Ben Morgan, Beverly Riley. In addition numerous members from Sigma Pi Fraternity @ TTU were present. Excused Absences: Chris Brown, Gantt Bumstead, Greg Jones, Dr. Ruth Morrow, Rick Osburn, Tiffany Stripling and Rick Woody. nexcused Absences: Dr. Libby Amos, Gilbert Blanco, Christine Martinez, Rion Sanford The meeting was called to order at 6:00 P.M. by Chair, Rex Castle, who then introduced the new interim Executive Director, Ken Fagan. Approval of Minutes: Rex sent the minutes to all Board members prior to the meeting. Sean Donahue moved to approve the minutes as sent. Ben Morgan seconded and the motion carried. Executive Director Hiring Update: Rex presented a draft hire letter to be sent to Jo Ann Jackson. Sean Donahue moved to accept the hiring decision and the terms of the letter. Bruce Dougherty seconded and the motion carried. Interim Director Observations: — Rex Castle spoke to several ideas/suggestions that Rick Cantrell left with us before leaving. Specifically, ♦ 10 Street Building —The city has no desire to lease the old United Way Building to the Red Cross; they want to deed it to the American Red Cross with the understanding that if the ARC abandons the building or uses it for a purpose not in compliance with the Congressional Charter or the ARC's Mission, the building will revert back to the City. National Red Cross has some requirements that must be met, including an environmental site study, the submission of a business plan and others listed in a letter presented to the Board. Rick Woody has agreed to spearhead the effort to be in compliance with National's requirements 11/07/02 Minutes-1 with approval from the board. Sean Donahue moved to approve the requirements and formally request the building from the City of Lubbock and appoint Rick as champion of this effort. Ben Morgan seconded and the motion was unanimously approved by the Board. Change of Meeting Dates —Rex proposed that the regular meetings of the Red Cross Board be moved to the 3`d Thursday of each month instead of the I` Thursday. This will give the accountant and Treasurer sufficient time to close out the previous month's books and will allow the board to work with current information. Bev Riley moved to accept the proposed dates and Royce Ivory seconded. The motion carried. The change will begin in January 2003 and the dates follow: 1/16/03 4/17/03 7/17/03 10/16/03 2/20/03 5/15/03 8/21/03 11/20/03 3/20/03 6/19/03 9/18/03 12/18/03 Financial Reports: Bob Curlee gave the following reports. ♦ Plainview —Plainview has a very good cash ratio with a little more than 2 months operating expenses available. He noted that their expenditures for course books have almost doubled over last year as more classes are being taught and attended. ♦ Lubbock —The Lubbock cash ratio is not as good, with less than one month's operating expenses available. A line has been added to reflect the funds donated toward the new building. The activity to collect outstanding accounts receivable has been concluded with a significant amount of funds recovered. Bob publicly thanked Sam Hollingsworth for his extra effort in bringing the financial statements current. Judy Helm moved to accept both the Lubbock and Plainview financial statements and Sean Donahue seconded. Motion carried. Bob Curlee recommended that the board rescind the capitalization policy approved at the September 51` meeting as it conflicts with the National Red Cross policy on depreciation. Sean Donahue moved that our policies are to follow the National Red Cross policies wherever conflict arises between the two. Ben Morgan seconded and the motion carried. Youth Group Report —The following discussions were held concerning Youth Group Activities: ♦ Rex Castle presented a Memorandum of Understanding concerning Youth Groups. The purpose of the MOU was to clarify the role of the Youth Committee, TTU Red Cross Club, LCU Red Cross Club and to assist in the development of future youth -related associates of the South Plains Chapter of the American Red Cross. The MOU covered the authority, roles and responsibilities of the various Youth Organizations and those of the American Red Cross. Bev Riley moved to accept the MOU as presented and Bob Curlee seconded. The motion carried. ♦ Mike Bickel, President of the Texas Tech University Red Cross Club, spoke to the Board and was very enthusiastic about the Red Cross and the Youth Committee plans for the future. Mike introduced the Red Cross Club of TTU, LCU and noted that the club at Lubbock High is the only high school association in the United States. Mike presented a precedent -setting fundraising opportunity. Working in conjunction with the Sigma Pi Fraternity at TTU, the Red Cross Club at TTU plans to sponsor a Country Music concert. They are committed to professional dignity and the funds raised will support the Red Cross, a college level scholarships and Sigma Pi. The concert is tentatively scheduled for the end of February and Mike asked that the Board approve the concert and show support for the fundraising memo to be presented by Rex. After much discussion, Ben Morgan moved to approve the concert fundraiser and Andy Anderson seconded. The motion carried. ♦ Rex presented a Board Resolution Concerning Fundraising & Youth Groups to the board. The resolution outlines a division of funds between the South Plains Chapter of the Red Cross and the sponsoring fundraising youth group. The resolution allows the South Plains Chapter of the Red Cross to successfully work with other organizations to raise more funds for local services while supporting the Youth Committees. There was some concern about the accounting for the funds raised, but Board members were assured that all funds would flow through the Chapter office first. Sean Donahue moved to accept the resolution as presented by Rex. Judy Helm seconded and the motion carried. Other Fundraising —Several fundraising issues were discussed as follows: 11/07/02 Minutes-2 } ♦ Restricted Funds --Sean Donahue discussed other fundraising issues with the Board. According to the National Red Cross, the Chapter cannot restrict funds, but can direct funds toward a specific purpose. Therefore, Sean moved to change the restriction on the $16,000 refund from National to a redirection toward the building fund. Ben Morgan seconded and discussion followed. Bob Curlee expressed concern that we might need these funds for regular operating expenses and didn't feel the redirection was in the Chapter's best interest. It was clarified that redirected fluids could be used for other expenditures if it became necessary with approval from the board. The motion passed. ♦ New TTU Golf Course —Rick Woody, Sean Donahue and Greg Jones are looking into various opportunities including having the first tournament fundraiser to be held on the new TTU golf course. Royce asked if this would be an annual event and general discussion indicated that it should be. ♦ Challenge —Ben Morgan brought up a fundraiser challenge between firefighters and policemen to strengthen our relationship with both forces. ♦ Collei?e Fundraisers —Mike Bickel stated that the TTU Red Cross Club has thought of several more ideas for college fundraisers as they have more access to youth. Some ideas mentioned were a Turkey Trot event, tickets donated from the Cotton Kings, work with the South Plains Food Bank, etc. Amber Bickel, Youth Committee Representative, reported that, nationally, only 8% of youth are involved with Red Cross but that here in Lubbock we have 80% of youth involved. This is a great market for outreach. ♦ Local Businesses —Rex presented a draft proposal that could be presented to local businesses for additional fundraising. Director's Re o�rt—Ken Fagan expressed appreciation and pleasure at being with the South Plains Chapter of the Red Cross. He said that he will be putting together a Fund Development Plan that will include direct -mail fundraising, major gifts, grants and foundations, legacies and bequests, a Board of Director's campaign and others. He is also working on more public recognition of the Red Cross and will have a public affairs calendar for Jo Ann Jackson when she arrives. In addition, Ken promised to have a 2002-2003 budget before he leaves. Finally, Ken stated that the DFRAP plan we submitted to the State Lead Chapter was returned unapproved and he will research to understand what was incomplete. New Business Youth Committee Representatives —Bev Riley stated that Youth Committee Members should be allowed to actively participate on the Board with voting rights. Discussion indicated that this had been approved in the past, but no one had a copy. Sean Donahue moved to reaffirm the Youth Committee Representatives as active Board participants with voting privileges. Royce Ivory seconded and the motion carried. Disaster Committee —Ben Morgan stated that fall is the biggest time for disasters and requested volunteer help to inventory items on hand and to donate items such as blankets, baby supplies, etc. The Board asked Ben to send a list of items needed to each Board member. He agreed. Political Action Committee —Rex stated that Rick Cantrell had recommended that the Chapter join a political action committee. This is a state position and the representative would be a state employee of the American Red Cross. Discussion centered on the cost and the fact that no one could really tell the Board how it would benefit the Chapter. Ken Fagan said that he would research and get more information on the subject. Bob Curlee proposed that we table the discussion until the new ED arrives. Community Relations —Rex asked each Board member to promote Red Cross in our companies. For example, ask them to use Red Cross training or to give first aid kits to employees at Christmas. He encouraged us to use all means available to promote our Chapter. Red Cross Month —Rex stated that we needed volunteers to set activities up for this month. Bev Riley said that she would work with others, but couldn't Chair. Other volunteers were Chris Coke, Judy Helm, Mindy Hegi and Sean Donahue. They were asked to have a report ready by the December meeting. Chris agreed to have this ready. By -Laws —Rex gave a copy of the By -Laws to each Board member with proposed changes highlighted in yellow. He asked the Board to make comments and bring them to the December Board meeting. Rex also stated that we 11/07/02 Minutes-3 need someone to review all information posted to our website before it is posted. He asked Mike Bickel to check into this. The website is www.southplainsregional.redcross.org Si a Pi —Jay Vaden, President of Sigma Pi, thanked the South Plains Chapter of the Red Cross for the opportunity to work with us on the Country Music Concert in February. The next Board meeting will be December 5, 2002 at 6 P.M. at the Chapter office Sean Donahue moved to adjourn and Ben Morgan seconded. The meeting was adjourned at 7:15 P.M. Respectfully submitted, Beverly C. Riley Secret Rex Castle —Board Chairman 11/07/02 Minutes-4 BOND CHECK BEST RATING LICENSE. D !JV JE�gS DRTE�� CITY OF LUBBOCK SPECIFICATIONS FOR RELOCATE WATER SUPPLY LINES AHEAD OF FREEWAY PROJECT ITB #122-03/13M .1 "A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas