HomeMy WebLinkAboutResolution - 2015-R0176 - Amendment To Commitment Agreement - LEPAA - 05/28/2015Resolution No. 2015-RO176
Item No. 6.36
May 28, 2015
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 Second Amendment to the
Commitment Agreement between the City of Lubbock and Lubbock Entertainment and
Performing Arts Association to correct the real property description and the survey of the
property. Said Second Amendment 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 on May 28, 2015
4A�lz
GLEN BER ON, MAYOR
ATTEST:
Rebe ca Garza, City Secretai�
ASTO C TENT: ,
� �js..rry
Loomis,
APPROVED AS TO FORM:
Linda L. Chamales,
Economic Development Attorney
City Art / Linda: Res- Second Amend Commilmenl Agml Performing Arts
April 28, 2015
2015.
Resolution No. 2015-RO176
SECOND AMENDMENT TO
COMMITMENT AGREEMENT
This SECOND AMENDMENT is made and entered into by and between the City of
Lubbock, (the "CITY"), a municipal corporation, and LUBBOCK ENTERTAINMENT AND
PERFORMING ARTS ASSOCIATION ("LEPAA"), a Texas nonprofit organization, acting by
through their respective and duly authorized officers and officials.
WITNESSETH:
WHEREAS, the CITY and LEPAA entered into a Commitment Agreement July 23,
2013, authorized by City of Lubbock Resolution No. 2013-R0239, for the transfer of City -owned
property located at 1302 Mac Davis Lane, Lubbock, Texas, across from the Civic Center,
consisting of approximately 5 acres, bounded by the Marsha Sharp Freeway on the North,
Avenue L on the East, and Mac Davis Lane on the South, for the purpose of building a
Performing Arts Center; and
WHEREAS, the CITY and LEPAA, by Resolution 2014-RO192 dated May 22, 2014,
amended the terms of the COMMITMENT AGREEMENT to correct the real property
description and to incorporate a survey of the property; and
WHEREAS, the CITY and LEPAA desire to make a Second Amendment to the terms of
the COMMITMENT AGREEMENT to correct the real property description and the survey of
the property to reflect an increase in the property transferred from 5.715 acres to 6.121 acres;
NOW, THEREFORE, the CITY and LEPAA, agree to the following amendments:
1. Exhibit "A," containing the real property description is hereby deleted and
replaced by the attached Exhibit "A."
2. Exhibit "C" entitled "SURVEY" is hereby deleted and replaced by the attached
Exhibit "C."
3. Article III entitled "Responsibilities of Lubbock Entertainment and Performing
Arts Association" is hereby amended by adding Section 3.6 to read as follows:
"3.6 LEPAA agrees that in consideration of the City's increase in property
transferred from 5.715 to 6.121 acres, LEPAA will reconnect any facilities
including, but not limited to, light poles, drives, and irrigation lines within the
additional area to be conveyed to LEPAA so as to maintain functionality within
the adjacent City -owned property in a like manner as it currently exists at no cost
to the City."
Second Amendment to City/LEPAA Commitment Agreement
Page I
Executed on May 28
CITY OF LUBBOCK
ATTEST:
eb cca Garza, City Seer t
AS TO CONTENT:
yl ///, 5'-4 s"
City Manager
APPROVED AS TO FORM:
2015.
LUBBOCK ENTERTAINMENT AND
PERFORMING ARTS ASSOCIATION
BY:s
Tim Collins, Chairman
Lubbock Entertainment and
Performing Arts Association
Linda L. Chamales,
Economic Development Attorney
LC: cityan/Linda/LEPAA Commitment Second Amendment
April 27, 2015
Second Amendment to City/LEPAA Commitment Agreement
Page 2
EXHIBIT "A"
REAL PROPERTY DESCRIPTION
METES AND BOUNDS DESCRIPTION of Lot 2 and portions of Lot I, Block I, Memorial Center Addition to the
City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in
Volume 1349, Page 521 of the Deed Records of Lubbock County, Texas and the East 15 feet of the South 15 feet of
Lot 3 and all of Lots 4-7, Block 4 of the Original Town of Lubbock, Lubbock County, Texas, according to the map,
plat and/or dedication deed thereof recorded in Volume 5, Page 384 of the Deed Records of Lubbock County, Texas,
and a portion of Avenue "M", located West of and adjacent to said Lots 4-7, Block 4 of the Original Town of
Lubbock, closed and abandoned by Quit Claim Deed recorded in Volume 1338, Page 818 of the Deed Records of
Lubbock County, Texas, being further described as follows:
BEGINNING at a 1/2" iron rod with cap marked "HUGO REED & ASSOC." found in the North right-of-way of
Mac Davis Lane as dedicated by plat recorded in Volume 5, Page 384 of the Deed Records of Lubbock County,
Texas at the most Southerly Southeast comer of Lot 2, Block I, Memorial Center Addition to the City of Lubbock,
Lubbock County, Texas;
THENCE N. 88018'46" W., along said North right-of-way line and the Southern boundary of said Lot 2, Block 1 , at
373.02 feet pass a 1/2" iron rod with cap marked "WSC" found at the most Southerly Southeast corner of said Lot I,
Block 1 and the most Southerly Southwest comer of said Lot 2, Block I , continuing along said North right-of-way
line and the Southern boundary of said Lot I, Block I , for a total distance of 552.20 feet to a 1/2" iron rod with cap
marked " HUGO REED & ASSOC." set for the Southwest comer of this tract;
THENCE N. 0104144" E., at 152.91 feet pass a 1/2" iron rod with cap marked "WSC" found at the most Westerly
Southwest comer of said Lot 2, Block I , continuing along the Eastern boundary of said Lot 1, Block I and the
Western boundary of said Lot 2, Block I , at 466.15 feet pass a 3/8" iron rod found at the most Westerly Northwest
comer of said Lot 2, Block 1 and a corner of said Lot I, Block 1, continuing for a total distance of 636.52 feet to a
1/2" iron rod with cap found in the South right-of-way line of the Marsha Sharp Freeway as described in Volume
7235, Page 120 of the Real Property Records of Lubbock County, Texas at the Northwest comer of this tract;
THENCE S. 88010'30" E., along said South right-of-way line, a distance of 188.00 feet to a 1/2" iron rod with cap
marked "WSC" found in the West line of a 20 foot alley as granted by plat recorded in Volume 5, Page 384 of the
Deed Records of Lubbock County, Texas and the Eastern boundary of said Lot 1, Block 1 at a comer of this tract;
THENCE S. 01°41'14" W., along said West alley line, the Eastern boundary of said Lot 1, Block I, and the Eastern
boundary of said Lots 3-7, Block 4, a distance of 169.91 feet to a 1/2" iron rod with cap marked "HUGO REED &
ASSOC." found in the Northern boundary of said Lot 2, Block 2 at the Southeast corner of said Lot 7, Block 4 and
the Southwest corner of said 20 foot alley;
THENCE S. 88018'46" E., along the Northern boundary of said Lot 2, Block I and the South tine of said 20 foot
alley, a distance of 20.00 feet to a 1/2" iron rod with cap marked "WSC" found at the Southeast corner of said 20
foot alley and an "ell" comer of said Lot 2, Block I;
THENCE N. 01041'14: E., continuing along the Northern boundary of said Lot 2, Block 1 and along the East line of
said 20 foot alley, a distance of 170.75 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." found in
the South right-of-way line of the Marsha Sharp Freeway as described in Volume 6332, Page 52 of the Real
Property Records of Lubbock County, Texas at a corner of this tract;
THENCE S. 85028'46" E., along said South right-of-way line, a distance of 95.13 feet to a "cross" cut in a utility
vault for the most Northerly Northeast corner of this tract;
THENCE S. 43°18'54" E., continuing along said South right-of-way line, a distance of 42.41 feet to a 1/2" iron rod
with cap marked "WSC" found in the West right-of-way line of Avenue "L" as granted by plat recorded in Volume
Second Amendment to City/LEPAA Commitment Agreement
Page 3
1349, Page 521 of the Deed Records of Lubbock County, Texas and the Eastern boundary of said Lot 2, Block 1 for
the most Easterly Northeast comer of this tract;
THENCE S. 01041'14" W., along said West right-of-way line and the Eastern boundary of said Lot 2, Block I, a
distance of 3.17 feet to an 80 penny nail found at a point of curvature;
THENCE Southeasterly, continuing along said West right-of-way line and the Eastern boundary of said Lot 2, Block
1, around a curve to the left, said curve having a radius of 598.00 feet, a central angle of 31 °30'59", tangent lengths
of 168.75 feet and a chord distance of 324.81 feet to a "cross" cut in concrete for a point of tangency;
THENCE S. 29049'45" E., continuing along said West right-of-way line and the Eastern boundary of said Lot 2,
Block 1, a distance of 291.35 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." found at a point of
curvature;
THENCE Southwesterly, continuing along said West right-of-way line and the Eastern boundary of said Lot 2,
Block 1, around a curve to the right, said curve having a radius of 25.00 feet, a central angle of 121'30'59", tangent
lengths of 44.66 feet and a chord distance of 43.63 feet to the Point of Beginning.
Contains: 266,617 square feet - 6.121 acres.
Second Amendment to City/LEPAA Commitment Agreement
Page 4
EXHIBIT "C"
SURVEY
Second Amendment to City/LEPAA Commitment Agreement
Page 5
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LUBBOCK ABSTRACT AND TITLE CO.
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
DEED WITHOUT WARRANTY
STATE OF TEXAS §
C'OUNT'Y OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS
That the CITY OF LUBBOCK, a Municipal Corporation of Lubbock, County, Texas
(hereinafter called "Grantor"), by virtue of the authority set forth in
DATE:
GRANTOR: City of Lubbock, Texas
GRANTOR'S MAILING ADDRESS
P.O. Box 2000
Lubbock, TX 79457
GRANTEE: Lubbock Entertainment & Performing Arts Association
GRANTEE'S MAILING ADDRESS
1500 Broadway, Suite 1254
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):
METES AND BOUNDS DESCRIPTION of Lot 2 and portions of Lot I, Block 1,
Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, according to
the map, plat and/or dedication deed thereof recorded in Volume 1349, Page 521 of the
Deed Records of Lubbock County, Texas and the East 15 feet of the South 15 feet of Lot
3 and all of Lots 4-7, Block 4 of the Original Town of Lubbock, Lubbock County, Texas,
according to the map, plat and/or dedication deed thereof recorded in Volume 5, Page
384 of the Deed Records of Lubbock County, Texas, and a portion of Avenue "M",
located West of and adjacent to said Lots 4-7, Block 4 of the Original Town of Lubbock,
closed and abandoned by Quit Claim Deed recorded in Volume 1338, Page 818 of the
Deed Records of Lubbock County, Texas, being further described as follows:
BEGINNING at a 1/2" iron rod with cap marked "HUGO REED & ASSOC." found in
the North right-of-way of Mac Davis Lane as dedicated by plat recorded in Volume 5,
Page 384 of the Deed Records of Lubbock County, Texas at the most Southerly
Southeast comer of Lot 2, Block 1, Memorial Center Addition to the City of Lubbock,
Lubbock County, Texas;
THENCE N. 88018'46" W., along said North right-of-way line and the Southern
boundary of said Lot 2, Block I , at 373.02 feet pass a 1/2" iron rod with cap marked
"WSC" found at the most Southerly Southeast corner of said Lot 1, Block 1 and the most
Southerly Southwest corner of said Lot 2, Block 1 , continuing along said North right-of-
way line and the Southern boundary of said Lot 1, Block 1 , for a total distance of 552.20
feet to a 1/2" iron rod with cap marked " HUGO REED & ASSOC." set for the Southwest
comer of this tract;
THENCE N. 01041'14" E., at 152.91 feet pass a 1/2" iron rod with cap marked "WSC"
found at the most Westerly Southwest corner of said Lot 2, Block 1 , continuing along the
Eastern boundary of said Lot 1, Block 1 and the Western boundary of said Lot 2, Block 1
, at 466.15 feet pass a 3/8" iron rod found at the most Westerly Northwest corner of said
Lot 2, Block 1 and a comer of said Lot 1, Block 1, continuing for a total distance of
636.52 feet to a 1/2" iron rod with cap found in the South right-of-way line of the Marsha
Sharp Freeway as described in Volume 7235, Page 120 of the Real Property Records of
Lubbock County, Texas at the Northwest corner of this tract;
THENCE S. 88010'30" E., along said South right-of-way line, a distance of 188.00 feet to
a 1/2" iron rod with cap marked "WSC" found in the West line of a 20 foot alley as
granted by plat recorded in Volume 5, Page 384 of the Deed Records of Lubbock County,
Texas and the Eastern boundary of said Lot 1, Block I at a corner of this tract;
THENCE S. 01041'14" W., along said West alley line, the Eastern boundary of said Lot
1, Block 1, and the Eastern boundary of said Lots 3-7, Block 4, a distance of 169.91 feet
to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." found in the Northern
boundary of said Lot 2, Block 2 at the Southeast comer of said Lot 7, Block 4 and the
Southwest comer of said 20 foot alley;
THENCE S. 88018'46" E., along the Northern boundary of said Lot 2, Block I and the
South line of said 20 foot alley, a distance of 20.00 feet to a 1/2" iron rod with cap
marked "WSC" found at the Southeast comer of said 20 foot alley and an "ell" comer of
said Lot 2, Block 1;
THENCE N. 01041'14: E., continuing along the Northern boundary of said Lot 2, Block 1
and along the East line of said 20 foot alley, a distance of 170.75 feet to a 1/2" iron rod
with cap marked "HUGO REED & ASSOC." found in the South right-of-way line of the
Marsha Sharp Freeway as described in Volume 6332, Page 52 of the Real Property
Records of Lubbock County, Texas at a corner of this tract;
THENCE S. 85028'46" E., along said South right-of-way line, a distance of 95.13 feet to
a "cross" cut in a utility vault for the most Northerly Northeast corner of this tract;
THENCE S. 43018'54" E., continuing along said South right-of-way line, a distance of
42.41 feet to a 1/2" iron rod with cap marked "WSC" found in the West right-of-way line
of Avenue "L" as granted by plat recorded in Volume 1349, Page 521 of the Deed
Records of Lubbock County, Texas and the Eastern boundary of said Lot 2, Block 1 for
the most Easterly Northeast comer of this tract;
THENCE S. 01041'14" W., along said West right-of-way line and the Eastern boundary
of said Lot 2, Block 1, a distance of 3.17 feet to an 80 penny nail found at a point of
curvature;
THENCE Southeasterly, continuing along said West right-of-way line and the Eastern
boundary of said Lot 2, Block 1, around a curve to the left, said curve having a radius of
598.00 feet, a central angle of 31 °30'59", tangent lengths of 168.75 feet and a chord
distance of 324.81 feet to a "cross" cut in concrete for a point of tangency;
THENCE, S. 29049'45" E., continuing along said West right-of-way line and the Eastern
boundary of said Lot 2, Block 1, a distance of 291.35 feet to a 1/2" iron rod with cap
marked "HUGO REED & ASSOC." found at a point of curvature;
THENCE Southwesterly, continuing along said West right-of-way line and the Eastern
boundary of said Lot 2, Block 1, around a curve to the right, said curve having a radius of
25.00 feet, a central angle of 121'30'59", tangent lengths of 44.66 feet and a chord
distance of 43.63 feet to the Point of Beginning.
Contains: 266,617 square feet - 6.121 acres.
The Property is conveyed to Grantee, and Grantee's successors and assigns under the authority
of Texas Local Government Code Section 253.011, 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 an
entertainment and performing arts venue.
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 253.01 I(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 Properly, 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 fumished
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 that 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, DAY OF 2015.
GRANTOR:
CITY OF LUBBOCK
ATTEST -
Re ecca Gana, City Secret
APPROVED AS f0 CONTENT:
ames oomis, City Manager
APPROVED AS TO FORM:
Linda L. Chamales
Economic Development Attorney
MAYOR
State of Texas §
County of Lubbock §
4.
This instrument was acknowledged before me on this /O day of �tir�O i , 2015, by Glen C.
Robertson, as Mayor of the City of Lubbock. �`—
CELIA WEBB
1(a Notary Pubk State d Texas
My Canissim EON 03-01.2018
GRANTEE:
Notary Public, State of Texas
My commission expires: -O!• Zo t g
LUBBOCK ENTERTAINMENT AND
PERFORMING ARTS ASSOCIATION
By: `
Name: Tim Collins
Title: Chairman
FILED AND RECORDED
� OFF,I/GIRL PUBLIC RECORDS
o gyp`
pF 1b
Kelly Pinion, County Clerk
Lubbock County TEXAS
June 26, 2015 02:39:16 PM 2015022810
FEE: $54.00