HomeMy WebLinkAboutResolution - 2318 - Funding Agreement & Quitclaim Deed - GPNC Inc - Parkway Neighborhood Center - 05/22/1986LJM:js
RESOLUTION
Resolution #2318
May 22, 1986
Agenda Item #16
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
Guadalupe -Parkway Neighborhood Centers, Inc. for funding and ownership of
Parkway Neighborhood Center, 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 fully copied herein in
detail.
Passed by the City Council this 22nd day of May , 1986.
B. C. McMINN, MAYOR
ATTEST:
, City Secretary
APPROVED AS TO CONTENT:
Sandy Ogred/ Community
Development Administrator
APPROVED AS TO FORM:
jn.'1rLn.1v. Mo r e, Assistant City
Attorney
Resolution #2318
COMMUNITY DEVELOPMENT FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK AND
GUADALUPE-PARKWAY NEIGHBORHOOD CENTERS, INC.
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement entered into this 22nd day of May
1986, between the City of Lubbock, Texas, a Home Rule Municipal
Corporation, hereinafter called "City" and Guadalupe -Parkway
Neighborhood Centers, Inc., a nonprofit corporation, hereinafter
called "Grantee."
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, Grantee is a nonprofit corporation which promotes
the social welfare of the Guadalupe -Parkway Neighborhoods which
consists of lower and moderate income residents by developing a
program of services to individuals, families, groups, and the
neighborhood to meet the basic needs of residents of the areas;
and
WHEREAS, the services provided by Grantee benefit citizens
of Lubbock and constitute a valuable public service; and
WHEREAS, the City Council of the City of Lubbock has de-
clared the maintenance and operation of the Neighborhood Centers
to be a public purpose; and
WHEREAS, Grantee and the services it provides have been
found to meet the criteria for funding under provision 570-201(e)
of the Community Development Regulations 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 Grantee has the
special expertise, knowledge and experience necessary for oper-
ation of the Neighborhood Centers and the provision of the
services; and that the City will receive adequate consideration
in the form of substantial public benefit; and
WHEREAS, the City desires to contract with Grantee to pro-
vide a program of services for the benefit of low and moderate
income residents of the Guadalupe -Parkway neighborhoods;
NOW THEREFORE, the City and Grantee do hereby mutually agree
as follows:
1. The City will deed to Grantee within thirty (30) days
after execution of this Funding Agreement the premises
including buildings located at 405 N. Quirt Avenue,
Lubbock, Texas, having a value of $162,700 as deter-
mined by an appraisal.
2. In consideration for the deeding of the above-mentioned
property, the Grantee agrees to pay the City ONE AND
NO/100 DOLLAR ($1.00), and for further consideration
agrees to operate and maintain on such property a
Neighborhood Center and to provide through such Center
a program of services to low and moderate income indi-
viduals, families, and groups, for a period of five (5)
years after delivery of the deed conveying said pro-
perty to Grantee, such consideration being equal to the
value of the property deeded.
3. It is expressly understood by Grantee that this subject
property is transferred to Grantee 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 established by said pro-
gram, including those assurances and conditions which
are included as Part II of this Contract and are hereby
adopted for all purposes. Grantee agrees that the use
of this structure shall be devoted primarily to assist
low and moderate income individuals.
4. The Grantee agrees to develop and maintain a mechanism
to provide affordable services to low or moderate in-
come persons.
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5. Grantee will be required to maintain client records
which indicate the herein described center principally
benefits persons of low and moderate income.
6., Grantee further agrees to make its books and records
available for inspection by any representative of the
City, that City may determine at any mutually conven-
ient time during the five (5) year period from the date
of the deed. Grantee also agrees to provide City with
such reports as the City may from time to time require
as proof of Grantee's compliance with any and all terms
and conditions of this Contract. All reports or other
communications relative to this Agreement shall be
addressed to the Community Development Administrator or
to a delegate expressly named by her.
7. The Grantee agrees to occupy and maintain the structures
and grounds in good condition for a period of not less
than five (5) years from the date of the deed transfer-
ring such properties to the Grantee.
8. In the event that the Grantee vacates or abandons the
structures or changes the use of the structures for any
reason during this period, the Grantee shall pay to the
City the fair market value of the structures and land
or convey such structures and land back to City.
9. Grantee agrees to indemnify and hold City harmless from
and against all liability for injuries or death to
persons, or damage to property caused by Grantee's use
or occupancy of said structures, or by the negligence
of its agents or employees, and Grantee shall give to
City prompt and timely written notice of any claim
instituted which in any way, directly or indirectly,
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
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governing body of the locality in which the project is
situated or being carried out who exercises any func-
tions 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 bene-
fit 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.
IN WITNESS WHEREOF, the City and the Grantee have executed
this Agreement as of the first day above written.
CITY OF LUBBOCK
B. C. McMINN, MAYOR
T -T T
cam_--�-�-�"��� �.�---
Ranette Boyd, CitySecretary
APPROVED AS TO CONTENT:
Sandy OglgtreeQ Community
Development Administrator
APPROVED AS TO FORM:
'�' /'o yel-14 '/_'
Michel Hart, Assistant City
Attorney
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GUADALUPE-PARKWAY NEIGHBORHOOD
CENTERS, INC.�� /}
KATHRYN I .\QUILLIA-M, PRESIDENT
ATTE T:
# . �:.
AETURN TO:
Pam Fedler Resolution ;2318
Community Development
City of Lubbock
-� 14'78¢as��� 0
5-
QUITCLAIM DEED
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF, .;,Li1BBOCK §
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 GUADALUPE-PARKWAY
NEIGHBORHOOD CENTERS, INC., a nonprofit corporation, of 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:
kl 8 mcr'5
All of Tract C, Mackenzie -Marrs-f Addition to the City of
Lubbock, Lubbock County, Texas.
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 22nd day of
May 1986.
B. C. McMINN, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
.,U_
.., Sandy0 etr "'e�, Community
Development Administrator
APPROVED AS TO FORM:
Mic ele Hart, ssistant City
Attorney
VOL 2184 201
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 B. C.
McMINN, 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.
G N UNDER MY HAND AND SEAL OF 00 4"`
y._ OFFICE this 073 day of
1986.
�► Not ry Public, ukbockAunty,
Texas
�/«�aSo
t` My Commission Expires: �/ 9
f tr ? P, R 1 -`
54
STATE OF TFXAS
COUNTY O; L J837CK
hereby r"t;fy Phut this mst•im enr...csf11m." the
dote and at the t.me Oa-pud heret+n by `* a,d wet duty
REC040ft5 m rte Volume end Pope of the 0-C"01 kr-(:t 1+refery
Records of Lubbock Ccvnty, Toxos as stomped r:ureon by me.
MAY 28 1986
COUNTY CLERK
LUBBOCK COUNTY, TEXAS
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