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HomeMy WebLinkAboutResolution - 2413 - Funding Agreement & Quitclaim Deed- Day Care Association- Centers #1, 2, &4 - 08/28/1986V9-_?1kR:F1 RESOLUTION Resolution #2413 August 28, 1986 Agenda Item #29 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 Funding Agreement and Quitclaim Deed by and between the City of Lubbock and Day Care Association of Lubbock for funding and ownership of Day Care Centers Nos. 1, 2 and 4, 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 28th day of August 1986. 11-01 'B.C. McMINN, MAYOR ATTEST: RaneFEZBoyd, City Secre ar APPROVED AS TO CONTENT: Sandy 06let&ee, Community Development Administrator APPROVED AS TO FORM: Harold Willard, Assistant City Attorney Resolution #2413 COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE DAY CARE ASSOCIATION OF LUBBOCK THE STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement entered into this 28th day of August , 19 86 , between the City of Lubbock, Texas, a Home Rule Municipal Corporation, hereinafter called "City" and the Day Care Associa- tion of Lubbock, a charitable association, hereinafter called "Association." WITNESSETH: WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development Plan pursuant to the Housing and Development Act of 1974, as amended; and WHEREAS, the Association is a nonprofit association offering child care services to lower and moderate income working families who are in need of such services by operating day care centers; and WHEREAS, the services provided by the Association, benefit citizens of the City of Lubbock and constitute a valuable public service; and WHEREAS, the City Council of the City of Lubbock has declared the maintenance and operation of a day care center by the Association to be a public purpose; and WHEREAS, the Association and the services it provides have been found to meet the criteria for funding under provision 570-201(e) of the Community Development Regulation for Public Services; and WHEREAS, the accomplishment of the public purpose is the predominant purpose of the transaction; continuing supervision by the City together with statutory and contractual requirements provide sufficient assurance that the public purpose will be accomplished; the City Council has found that the Association has the special expertise, knowledge and experience necessary for the operation of day care centers and that the City will receive adequate consideration in the form of substantial public benefit; and WHEREAS, the City desires to contract with the Association to provide day care services to low and moderate income working families. NOW THEREFORE, the City and the Association do hereby mutually agree as follows: 1. The City will deed to Association within thirty (30) days after execution of this Funding Agreement the following properties: 1. Day Care Center No. 1 at 101 Avenue K valued at $221,130, as determined by an appraisal. 2. Day Care Center No. 2 at 2714 Erskine valued at $250,770, as determined by an appraisal. 3. Day Care Center No. -4 at 1301 Vanda valued at $301,680, as determined by an appraisal. 2. In consideration for the deeding of the above listed properties, the Association agrees to pay City One Dollar ($1.00), and for further consideration agrees to operate and maintain on such properties, day care centers for the benefit of low and moderate income families for a period of five (5) years after delivery of the deed conveying said property to the Associa- tion, such consideration being equal to the value of the properties deeded. 3. It is expressly understood by Association that these subject properties are transferred to Association as part of the City's Community Development Block Grant Program, and as such, the activities undertaken must comply with all of the rules and regulations establish- ed by said program, including those assurances and conditions which are included as Part II of this - 2 - Contract and are hereby adopted for all purposes. Association agrees that the use of this structure shall be devoted primarily to assist low and moderate income individuals. 4. The Association agrees to develop and maintain a mechanism to provide affordable child care services to low or moderate income persons. 5. Association will be required to maintain client records which indicate the herein described day care center's principally directed to benefit persons of low and moderate income. 6. Association further agrees to make its books and records available for inspection by any representative of the City, that City may determine at any mutually convenient time. Association also agrees to provide City with such reports as the City may from time to time require as proof of Association's compliance with any and all terms and conditions of this Contract. All reports or other communications relative to this Agree- ment shall be addressed to the Community Development Administrator or to a delegate expressly named by her. 7. The Association agrees to occupy and maintain the structures and grounds in good condition for a period of not less than five (5) years from date of the deed transferring such properties to the Association. 8. In the event that the Association vacates or abandons the structures or changes the use of the structures for any reason during this period, the Association shall pay to the City the fair market value of the structures and land or convey such structures and land back to City. 9. Association agrees to indemnify and hold City harmless from and against all liability for injuries or death to persons, or damage to property caused by Association's - 3 - use or occupancy of said structures, or by the negli- gence of its agents or employees, and Association shall give to City prompt and timely written notice of any claim instituted which in any way, directly or in- directly, contingently or otherwise, affects or'might affect City and City shall have the right to compromise and defend same to the extent of its own interests. 10. No officer or employee of the City; no member of its governing body; and no other public official of the governing body of the locality in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement. 11. No member of or delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit to arise herefrom. 12. For purposes of determining venue and the law governing this Agreement, activities performed under this Agree- ment are performed in the City and County of Lubbock, State of Texas. 13. This Agreement contains the entire agreement of the parties. 14. None of the services covered by this Agreement shall be subcontracted without the prior written consent of the City. - 4 - IN WITNESS WHEREOF, the City and the Association have exe- cuted this Agreement as of the first day above written. CITY OF LUBBOCK . ch*�w B. C. McMINN, MAYOR ATTEST: C- Rane a Boyd, City �Sere ary "APPROVED AS TO CONTENT: Sandy Ogl trea;D, Community Development Administrator APPROVED AS TO FORM: Michele Hart, Assistat City Attorney - 5 - DAY CARE ASSOCIATION OF LUBBOCK ATTEST: Resolution #2413 s, PART II - TERMS AND CONDITIONS 1. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the conve- nants, agreements, or stipulations of this Contract, the City of Lubbock hereinafter referred to as the "City", shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. in such event, all finished or unfinished documents, data, studies, and reports prepared by the Con- tractor under this Contract shall, at the option of the City, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Nothwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the City from the Contractor is determined. 2. Termination for Convenience of the City. The City may terminate this Contract any time by a notice in writing from the City to the Con- tractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made; Provided, however, that if less than sixty per cent of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Section 1 hereof relative to termination shall apply. 3. Changes. The City may, from time to time, request changes In the scope of the services of the Contractor to be performed hereunder. Such changes, Including any Increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the City and the Contractor, shall be Incorporated In written amendments to this Contract. 4. Personnel. a. The Contractor represents that he has, or will secure at his own expense, ail personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the City. b. Ali the services required hereunder wII1 be performed by the Contractor or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. c. No person who is serving sentence in a penal or correctional Institution shall be employed on work under this Contract. 5. Anti -Kickback Rules. Salaries of architects, draftsmen, technical engineers, and .technicians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The Contractor shall comply with all applicable "Anti -Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this Contract to insure compliance by subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. 6. Withholding of Salaries. If, in the perfornance of this Contract, there is any underpayment of salaries by the Contractor or by any subcon- tractor thereunder, the City shall withhold from the Contractor out of payments due to him an amount sufficient to pay to employees underpaid the difference between the salaries required hereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by the City for and on account of the Contractor or subcontractor to the respective employees to whom they are due. 7. Claims and Disputes Pertaining to Salary Rates. Claims and disputes pertaining to salary rates or to classifications of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be promptly reported in writing by the Contractor to the City for the latter's decision which shall be final with respect thereto. 8. Equal Employment Opportunity. During the performance of this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall Include, but not be Timited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including appren- ticeship. The Contractor agrees to post in conspicuous places, avail- able to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. b. The Contractor will, In all solicitations or advertisements for employees place by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The Contractor will cause the foregoing provisions to be inserted In all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 9. Discrimination Because of Certain Labor Matters. No person employed on the work covered by this Contract shall be discharged or in any way discriminated against because he has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceedings under or relating to the labor standards appli- cable hereunder to his employer. 10. Compliance With Local Laws. The Contractor shall comply with all applicable laws, ordinances, and codes of the State and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this Contract. 11. Subcontracting. None of the services covered by this Contract shall be subcontracted without the prior written consent of the City. The Con- tractor shall be as fully responsible to the City for -the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Contract. 12. Assignability. The Contractor shall not assign any interest In this Contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the City; Provided, however, that claims for money due or to become due.the Contractor from the City under this Contract may be assigned to a bank, trust company, or other financial Institution, or to a Trustee In Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 13. Interest of Members of City. No member of the governing body of the City, and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 14. Interest of Other Local Public Officials. No member of the govern- ing body of the locality in which the Project Area is situated, and no other public official of such locality, who exercises any functions or respons- ibilities In the review or approval of the carrying out of the project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 15. Interest of Certain Federal Officials. No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise herefrom. 16. Interest of Contractor. The contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in any of the above-described Project Areas or any parcels therein or any other Interest which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that In the performance of this Contract no person having any such interest shall be employed. 17. Findings Confidential. All of the reports, information, data, etc., prepared or assembled by the Contractor under this Contract are confidential and the Contractor agrees that they shall not be.made available to any Individual or organization without the prior written approval of the City. U. S. Department of Housing and Urban Development HUD -621B Renewal Assistance Administration (2-69) RETURN TO: Pamela A. Fedler Community Development City of Lubbock P.O. Box 2000 Lubbock, TXT 79457 i /THE STATE OF TEXAS COUNTY OF LUBBOCK 3L03 3, QUITCLAIM DEED A Resolution #2413 0. void r� X27 KNOW ALL MEN BY THESE PRESENTS That the CITY OF LUBBOCK, an Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by DAY CARE ASSOCIATION OF LUBBOCK, Lubbock, Texas hereinafter called "GRANTEE", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE and FOREVER QUITCLAIM unto the said GRANTEE, all its rights, title and interest in and to those certain tracts or parcels of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: TRACT I METES AND BOUNDS DESCRIPTION of a portion of Lot 1, Block 21, Guadalupe Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which is the most Northerly Northwest corner of Lot 1, Block 21, Guadalupe Addition to the City of Lubbock, Lubbock County, Texas; THENCE East a distance of 270.00 feet to a point of curva- ture; THENCE Southeasterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet; THENCE South a distance of 286.50 feet to a set railroad spike; THENCE West a distance of 141.80 feet to a point from whence a 3/4" iron rod set in reference bears West 1.00 foot; THENCE North a distance of 25.00 feet to a set 3/4" iron rod; THENCE West a distance of 158.20 feet to a set 3/4" iron rod; THENCE North a distance of 261.50 feet to a point of curvature; THENCE Northeasterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 900, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to the POINT OF BEGINNING. CONTAINING: 86,398.43 square feet. TRACT II Lot One (1), City�Place Addition to the City of Lubbock, Lubbock County, Texas. TRACT III A tract of land located in Section 4, Block 11011, Lubbock County, Texas described by metes and bounds as follows: BEGINNING at a point which is 2215.0 feet North and 1672.9 feet East of the Southwest corner of Section 4,.,Block 11011, same point being the intersection of the East line of Vanda Avenue with the South line of 13th Street; mac;, ti - VDI�v�uE8 r a THENCE East, along the South line of 13th Street, a distance of 208.71 feet; THENCE South, a distance of 208.71 feet; THENCE West, a distance of 208.71 feet to a point in the East line of Vanda Avenue; THENCE North, along the East line of Vanda Avenue, a distance of 208.71 feet to the PLACE OF BEGINNING. CONTAINING: 1.00 acre of land. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the GRANTOR, CITY OF LUBBOCK, its successors or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS, this 28th day of August 1986 ATTEST: Ran to Boyd, City Se retary 'APPROVED AS TO CONTENT: Sandy 04ilet-lee, Community Development Administrator APPROVED AS TO FORM: Michele Hart, Assistant City Attorney . C. McMINN, MAYOR sew J� 6;� THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared ALAN HENRY, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. d' GIVEN ER MY HAND AND SEAL OF OFFICE this a9 day of 1986.-. Notary Public, Lubbock Count , Texas S U My Commission Expires: ��,L30 - 2 - VO� CJ.i c,s 'J STATE OF TEXAS COUNTY OF LUBBOCK 1 hereby certify that this instrument wes FILED on the dale and of the time tromped hereon by me and wes duly RECORDED m the Volume and Pogo of the Officiol Real Proles" Records of Lubbock County, Teas at stamped hereon isy me. OCT 1 1986 COUNTY CLERK LUBBOCK COUNTY, TEXAS