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HomeMy WebLinkAboutResolution - 2015-R0308 - Amendment To Agreement - College Baseball Foundation - 09/10/2015Resolution No. 2015-RO308 Item No. 7.16 September 10, 2015 1=1110101116121 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 an Amendment to the Commitment Agreement between the City of Lubbock and the College Baseball Foundation to increase the real property transferred to include the parking lot at 1502 Mac Davis Lane. Said 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 September 10 2015. GLEN lrffMSON, MAYOR ATTEST: 4)--�, A- - eb ca Garza, City Secr ary AS TO Loomis, APPROVED AS TO FORM: Linda L. Chamales, Economic Development Attorney City Att/ Linda. Res- Amend CBF Commitment Agmt MY 21. 2015 Resolution No. 2015-RO308 AMENDMENT TO COMMITMENT AGREEMENT This AMENDMENT is made and entered into by and between the City of Lubbock, (the "CITY"), a municipal corporation, and the College Baseball Foundation ("the CBF"), a Texas nonprofit organization, acting by through their respective and duly authorized officers and officials. WITNESSETH: WHEREAS, the CITY and CBF entered into a Commitment Agreement June 24, 2010, authorized by City of Lubbock Resolution No. 2010-R0300, for the transfer of a portion of City - owned property across from the Civic Center in Lubbock, Texas, consisting of approximately, 5 acres, bounded by the Marsha Sharp Freeway on the North, Avenue O on the West, and Mac Davis Lane on the South which includes the grassy area, but not the parking lot facing Mac Davis Lane, the area containing the Civic Center Power Plant and the road surrounding the Power Plant, for the purpose of building The National College Baseball Hall of Fame; and WHEREAS, the CITY and CBF desire to make an Amendment to the terms of the COMMITMENT AGREEMENT to increase the real property transferred to include the parking lot facing Mac Davis Lane in order to provide parking for the new facility; NOW, THEREFORE, the CITY and CBF, agree to the following amendments: 1. Article I is amended to also include the representations, covenants, findings, and recitations set forth in the foregoing recitations which are hereby incorporated into and made a part or the Commitment Agreement. 2. Article IV, paragraph 4.3 is hereby deleted and replaced by the following paragraph 4.3: "4.3 If the Conditions Precedent to Performance, described in Article III and Article V, have been met prior to December 31, 2015, City agrees to transfer to CBF by Deed Without Warranty, substantially in the form attached hereto as Exhibit `B," a portion of the real property described in the attached Exhibit "A" being approximately 5 acres in size and including the grassy area and the public parking lot, but excluding the portion containing the Civic Center Power Plant and the road surrounding the Power Plant." 3. Exhibit "A" containing a description of the property to be conveyed is hereby deleted and replaced by the attached Exhibit "A." Amendment to CITY/CBF Commitment Agreement Page I Executed on September 10 2015. CITY OF LUBBOCK ATTEST: Reber a Garza, City Secreta y AS TO CO ENT: G !// City Manager APPROVED AS TO FORM: Linda L. Chamales, Economic Development Attorney LC: cityatt/Linda/CBF Commitment Amendment 9.8.2015 September 8. 2015 Amendment to CITY/CBF Commitment Agreement Page 2 COLLEGE BASEBALL FOUNDATION BY: 7Vt4 Dr. Mike Gustafson Executive Director EXHIBIT "A" — Page 1 Real Property Description A portion of the following described property deeded to the City of Lubbock September 17, 1973, as recorded in the Deed Records of Lubbock County at Volume 1359, Page 826, and situated in Lubbock County, Texas: Lot One (1), Block (1), Memorial Center Addition to the City of Lubbock, Lubbock County, Texas. Save and except the portion located at 1402 Mac Davis Lane containing the Civic Center Power Plant and the road surrounding the Power Plant, all as depicted on the map in Exhibit A — Page 2. Amendment to CITY/CBF Commitment Agreement Page 3 EXHIBIT "A" — Page 2 A Portion of Lot 1, Block 1, Memorial Center Addition Amendment to CITY/CBF Commitment Agreement Page 4 Portion of Lot 1, Block 1, Memorial Center Addition (-7.87 ac) Feet Digital Orthophotography • Mar 2010 0 75 150 225 300 375 City of As required by SECTION 1. Chapter 2151, SUBCHAPTER D. GEOSPATIAL DATA PRODUCTS of the Gow;mment Code. the GN of Lubbock hereby pmvdes notice that the dataLubb o Ck on this map was sealed by the City d Lubbock Any data bat appears to represent property boundaries a for infor ational purposes and may not have been prepared kof or be sadebb for legal, e%ineamrg, orwrwsying purpnas. It does not represent an oMhagmund survey are regesmtt ady the appmsimale r"ve locaan of property boundaries. T 7 T I .