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HomeMy WebLinkAboutResolution - 1943 - Contract - Urban Renewal Agency - Redevelop Two Lots, Coronado Project - 02/14/1985MH:js RESOLUTION Resolution #1943 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 Contract for Sale of Land for Redevelopment by and between the City of Lubbock and the Urban Renewal Agency of the City of Lubbock, 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 day 1985. ov 'KLAWRENRY, MAYDR ATTEST: e Boyd, City Secretary AS TO CONTENT: .fm Weston, Director of Community Facilities APPROVED AS TO FORM: ZY X43t"7z- Miche a Har , Assistant City Attorney � R t Resolution #1943 CaMACT FOR SALE OF LAND FOR REDEVELOPMENT BY THE CITY OF LUBBOCK Aireemnent (hereinafter called "Agreement") made on or as of the 14th day of February ,1985, by and between the Urban Renewal Agency of the City of Lubbock, a Public Body Corporate and Politic of the State of Texas (hereinafter called "Agency") having its office at 911 10th Street, in the City of Lubbock, State of Texas, and the City of Lubbock, a Public Body Corporate and Politic of the State of Texas (hereinafter called "Public Body") having its office at City Hall, 1625 13th Street, in the City of Lubbock, State of Texas, WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Law of the State of Texas (Article 1269 L-3 R.C.S. of Texas), the Agency has undertaken a program for the clearance and reconstruction or rehabilitation of slum and blighted areas in the City of Lubbock (hereinafter called "City"), and in this connection is engaged in carrying out an urban renewal Project ]mown as "The Coronado Urban Renewal Project" (hereinafter called "Project" in an area (hereinafter called "Project Area") located in the City for which an Urban Renewal Plan, consisting of: The Urban Renewal Plan for the Coronado Urban Renewal Project as revised, August 31, 1960, on file at the Office of the City Secretary of the City of Lubbock, and all amendments thereto (hereinafter called the "Plan") which was approved by the City of Lubbock by resolution passed and adopted on the 23rd day of March, 1961, notice of which Plan was filed for record on the 16th day of October, 1961, in Volume 862, Page 127, Deed Records of Lubbock County, Texas; ME WHEREAS, in order to enable the Agency to achieve the objectives of the Plan, and particularly to make land in the Project Area available (after acquisition and clearance by the Agency) for redevelopment by a public entity for and in accordance with the uses specified in the Plan, both the Federal Government and the Public Body have provided substantial aid and assistance to the Agency through a Contract for Loan and Capital Grant originally dated May 23, 1958, as amended frown time to time, in the case of the Federal Government, and a Cooperation Agreement originally dated May 8, 1958,as amended from time to time, in the case of the City; NOW, THEREFORE, each of the parties hereto, for and in consideration of the premises and the mutual obligations herein, does hereby covenant and agree with the other, as follows: ARTICLE I. GENERAL TERMS OF CONVEYANCE OF PROPERTY Sec. 1. Sale and Purchase Price. Subject to all the terms, covenants, and conditions of the Agreement, the Agency will sell certain real property in the Project Area more particularly described in Schedule A annexed hereto and made a part hereof (which property, as so described, is hereinafter called "Property"), to the Public Body for, and the Public Body will pur- chase the Property and Pay to the Agency therefor, the amount of One Thousand Six Hundred 'Thirty Dollars ($1,630.00), (hereinafter called "Purchase Price"), which Purchase Price shall be in cash, or by such check as shall be satis- factory to the Agency, at the time and place provided herein. Sec. 2. Conveyance. The Agency shall convey to the Public Body, upon payment in full of the "Purese`:-Price by the Public Body, title to the Property by General Warranty Deed. Such conveyance shall, in addition to all other conditions, covenants, and restrictions set forth or referred to elsewhere in the Agreement be subject to: (a) All existing easements and rights of way. (b) Restrictive covenants affecting the land described in Schedule A attached to this Contract. w (c) Any discrepancies, conflicts, or shortages in area or boundary line, or any encroachments, or any overlapping of improvements. (d) All applicable restrictions and controls imposed by the Urban Renewal Plan for the Coronado Urban Renewal Project as amended to date. Sec -3. Delivery Of Deed. The Agency shall deliver the Deed and Possession of the Property to the—Public Body on or before March 1, 1985, or on such earlier date as the parties may mutually agree in writing. Conveyance shall be made at the principal office of the Agency and the Public Body shall accept such conveyance and pay to the Agency at. such tore and place the purchase price. Sec. 4. Title. The Agency will furnish abstracts of title/and/or title policies-7E-tTie property to a current date and will convey good and merchantable title free and clear of any and all encumbrances, except those mired herein. The Public Body agrees within thirty (3) days from the re- geipt.of said abstracts and/or title policies either to accept the title as shown by said abstracts and/or title policies or to return them to the Agency with written objections to the title. If the abstracts and/or title policies are not returned to the Agency with written objections noted within the time specified, it shall be construed as an acceptance of title. If any title objections are made, then the Agency shall have a reasonable time to cure said objections and show good and merchantable title. In"_the event of failure to furnish good and merchantable title, this Agreement shall be cancelled and be null and void. ARTICLE II - PREPARATION OF PROPERTY FOR REDEVELOPMENT Sec. 1. Preparation of Property. The Agency shall, prior to convey ance of the Property and without expense to the Public Body, prepare the Property for redevelopment, which preparation shall consit of the following: The Agency shall prepare the property for redevelopment in accordance with the Plan. The preparation of the property for redevelopment may, upon request for or with the consent of the Public Body be performed after con- veyance and coordinated with the work of the Public Body, provided that such timing will not increase the cost to the Agency and that any structures, paving or other facilities left temporarily in place will be used by the Public Body only in connection with the Public Body's construction of improve- ments on the property, and if left for the convenience of the Public Body, will be removed at the expense of the Public Body. Such preparation by the Agency shall include: (a) The demolition and removal to grade of all existing buildings, structures, and obstructions on the property, including the removal of any debris resulting from such demolition; (b) The removal (by the Agency or by appropriate public bodies or public utility companies) of all paving (including curbs and gutters), side- walks, and utility lines, installations, facilities, and related equipment, within or on the property which are to be eliminated or removed pursuant to the Plan) ; (c) Such filling and grading and leveling of the land (but not includ- ing top soil or landscaping) as shall be necessary to make it ready for construction of the improvements to be made thereon by the Public Body (it being intended that such filling, grading and leveling conformed generally to the restrictive surface elevations of the land prior to the demolition of the building and structures thereon) ; All expenses (including current taxes, if any) relating to buildings or structures demolished or to be demolished shall be borne by, and any in- come or salvage received from such buildings or structures shall belong to the Agency. (d) The paving and improving (by the Agency itself or by City) in accordance with the usual technical specifications and standards of the City, of such street (including the installation of gutters, curbs and catchbasins and the removal of trees and shrubs), and the street lighting, in such rights of way, as are to be provided pursuant to the Plan; (e) The installation and relocation (by the Agency itself or by appro- priate public bodies or public utility companies) or such sewers, drains, water and gas distribution lines, and electric, telephone and telegraph in- stallations (exclusive in each case of house or building service lines), as are to be installed or relocated pursuant to the Plan; and 2 M The vacating of present streets, alleys, other public rights of way, and plats, and the dedication of new streets, alleys, and other public rights of way, in the project area, and the rezoning of such area, in accordance with the Plan; provided, that the Public Body will, upon request by the Agency, subscribe to and join with the Agency in any petitions and proceedings required for such vacations, dedications, and rezoning. ARTICLE III. CONSTRUCTION OF IMPROVEMENM Sec. 1. Construction Required. The Public Body will redevelop the Property by construction thereon of cemetery improvements for public use, which shall consist of a cemetery entrance and appropriate landscaping, and all plans and specifications and all work by the Public Body with respect to such redevelopment of the Property and the construction or the making of other improvements thereon, if any, shall be in conformity with the Plan, the Agreement, and all applicable State and local laws. Upon written re- quest of the Agency from time to time, the Public Body will deliver to the Agency, to be retained by the Agency, plans with respect to the Improvements to be constructed or otherwise made by the Public Body on the Property, in sufficient completeness and detail to show that the Improvements and con- struction thereof will be in accordance with the provisions of the Plan and the Agreement. Sec. 2. Time for Construction. The Public Body agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Public Body for itself and such successors and assigns, that the Public Body shall begin the redevelopment of the Property through the construction of the Improvements thereon, within four (4 ) mond from the date of the Deed, and diligently proceed to complete such construction within twelve (12) months from such date. It is intended and agreed, and Deed shall so expressly provide, that the agreements and covenants of theAgree- ment pertaining to the Improvements shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only asother- wise specifically provided in the Agreement, be, to the fullest extent per- mitted by law and equity, binding for the benefit of the community and the Agency and enforceable by the Agency against the Public Body, its successors and assigns, and every successor in interest to the Property, or any part thereof or any interest therein. Sec. 3. Report on Progress. Subsequent to conveyance of the Property to the Public Body, until construction of the Improvements has been completed, the Public Body shall, upon written request of the Agency, make, in such detail as may reasonably be required by the Agency, and forward to the Agency a report in writing as to the actual progress of the Public Body with respect to such construction. During such perior, the work of the Public Body shall be subject to inspection by the Agency. Sec. 4. Access to Property. Prior to delivery of possession of the Property to the Public Body, the Agency shall permit the Public Body access thereto, whenever and to the extent necessary to carry out the purposes of this and other sections or provisions of the Agent; and, subsequent to such delivery, the Public Body shall permit access to the Property by the Agency whenever and to the extent necessary to carry out the purposes of this and other sections or provisions of the Agreement. Sec. 5. Certificate of Completion.. Prnanptly after completion of the Improvements in acco ee with the provisions of the Agreement, the Agency shall furnish the Public Body with an appropriate instrument so certifying. Such certification by the Agency shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the public Body, its successors and assigns, and every successor or interest to the Property, to construct the Improvements and the dates for the beginning and completion thereof. The certification provided for in this Section shall be in such form as will enable it to be recorded with the Clerk of the Registry of Deeds for the County of Lubbock. ARTICLE IV. LAND USES Sec. 1. Restrictions on Land Use. The Public Body agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain convenants on the part of the Public Body for itself, and such successors and assigns, that the Public Body, and such successors and assigns, shall: (a) Devote the Property to, and only to and in accordance with, the uses specified in Section C2a(4) of the Plan, as the same may hereafter be amended and extended from time to time; and (b) Not discriminate upon the basis of race, color, creed., or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. Sec. 2. Effect of Covenants; Period of Duration. It is intended and agreed, and the Deed shall so expressly provide, that the agreements and covenants provided in this Article IV shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal, or otherwise, and except only as other- wise specifically provided in the Agreement, be, to the fullest extent per- mitted by law and equity, binding for the benefit and in favor of, and enforceable by, the Agency, its successors and assigns, the City, and the United States (in the case of the covenant provided in subdivision (b) of Section 1 of this Article IV), against the Public Body, its successors and assigns, and every successor in interest to the Property or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided (a) in subdivision (a) of Section 1 of this Article IV shall remain in effect until March 23, 1991, (at which time such agreement and covenant shall terminate), and (b) in subdivision (b) of such Section 1 shall remain in effect without limitation as to time. Sec. 3. Enforceability by Agency and United States. In amplification, and not in restriction, of the provisions of Section 2 of this Article IV, it is intended and agreed that the Agency shall be deemed a beneficiary of the agreements and covenants provided in Section 1 of this Article IV, and the United States shall be deemed a beneficiary of the covenant provided in subdivision (b) of such Section 1, both for and in their or its own right and also for the purposes of protecting the interests.of the community and the other parties, public or private, in whose favor or for whose benefit such agreements and covenants have been provided. Such agreements and covenants shall (and the Deed shall so state) run in favor of the Agency and the United States for the entire period during which such agreements and covenants shall be in force, without regard to whether the Agency or the United States is or has been an owner of any land or interest therein to, or in favor of, with such agreements and covenants relate. The Agency shall . have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right, in the event of any breach of the covenant provided in subdivision (b) of Section 1 of this Article IV, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may entitled. ARTICLE V. PROHIBITIONS AGAINST ASSICNMIDAT AND TRANSFER Sec. 1. Representation as to Redevelopment. The Public Body repre- sents and agrees that its purchase of the Property shall be for the purpose of redevelopment of the Property in accordance with the Urban Renewal Plan and the int. Sec. 2. Prohibition Against Transfer of Property and Assignment. The Public Body has not made or created, and will not, prior to the proper completion of the Improvements, as certified by the Agency, make or create, or suffer to be made or created, (a) any total or partial sale, conveyance, or lease of the Property, or any part thereof or interest therein, or (b) any assignment of the Agreement, or any part thereof, or (c) any agreement to do any of the foregoing, without the prior written approval of the Agency. Such approval shall be on such condition as the Agency may in its exclusive discretion determine, including, but not limited to, the assumption by the proposed transferees, by instrument in writing, for itself and its succes- sors and assigns, and for the benefit of the Agency, of all obligations of the Public Body under the Agreement. Sec. 1. Notice of Default. In the event of any default under or breach of any R - the or conditions of the Agreement by either party hereto, or any successor or assign of, or successor in interest to, the Property, such party or successor shall upon written notice from the other proceed to remedy or cure such default or breach within thirty (30)days after receipt of such notice. In case such action is not taken or diligently pursued or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure or remedy such default or breach or to obtain damages therefor, including but not limited to proceed- ings to compel, specific performance by the party in default. or breach of its obligations. Sec. 2. Termination by Public Body. In the event that the Agency does not tender conveyance of the Property or possession thereof in the manner and condition, and by the date, provided in the Agreement and any 'such failure shall not be cured within ninety (90) days after written demand by the Public Body, then the Agreement shall at the option of the Public Body be terminated, and neither the Agency nor the Public Body shall have any further rights against or liability to the other under the Agreement. Sec. 3. Termination Agency. In the event that prior to conveyance of the Property to the Public Body and in violation of the Agreement the Public Body (and any successor in interest) assigns or attempts to assign the Agreement or any rights herein or in the Property, or the Public Body does not pay the Purchase Price for and take title to the Property upon proper tender of conveyance by the Agency pursuant to the Agreement, then the Agree- ment and any rights of the Public Body or any successor or assign of the Public Body or transferee of the Property under the Agreement or arising therefrom, with respect to the Agency or the Property, shall at the option of the Agency be terminated by the Agnecy. In such event, except for the right of the Agency to damages for such breach afforded by law, neither the Public Bocy (or assignee or transferee) nor the Agency shall have any further rights against or liability to the other under the Agreement. Sec. 4. Delays Beyond Control of Parties. For the purposes of the Agreement, neither the Agency nor the Public Body, as the case may be, nor any successor of either of them shall be considered in breach of or in default under its obligations with respect to the preparation of the Property for redevelopment, or the beginning and completion of construction of the Improve- ments, or progress in respect thereto, in the event of enforced elay in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, acts of the public enemy, acts of the Government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, or delays of subcontractors due to such causes; it being the purpose and intent of this provision that, in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the Agency with respect to construction of the Improvements, as the case may be, shall be extended for the period of the enforced delay; provided, that the party seeking the benefit of the provisions of this Section shall, within thirty (30) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof and requested an extension for the period of the enforced delay. Sec. 5. Rights and Remedies Cumulative. The rights and remedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach, or of any 5 of its remedies for any other default or breach by the other party. No waiver made by either party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its awn obligation beyond those expressly waived and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. No such waiver shall be valid unless it is in writing duly signed by the party waiving the right or rights. ARTICLE VII. MISCELLANEOUS PROVISIONS Sec. 1. Conflict of Interest. No member, official, or employee of the Agency shall have any personal interest, direct or indirect, in.the Agree- ment, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interest of any coporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the Agency shall be personally liable to the Public Body or any successor in interest in the event of any default or breach by the Agency or for any amount which may, become due to the Public Body or successor or on any obli- gations bligations under the terms of the Agreement. Sec. 2. Equal Emplo t Opportunity. The Public Body for itself, and its successors and assigns, agrees that it will include the following provisions of this Section 2 in every contract or purchase order which may hereafter be entered into between the Public Body and any party (hereinafter in this Section called "Contractor") for or in connection with the construc- tion of the Improvements, or any part thereof, provided for in the Agreement unless such contract or purchase order is exempted by rules, or orders of the Secretaryof Labor issued regulations, pursuant to Section 204 of Executive Order 11246 of September 24, 1965: "Sec. 3. Equal Employment Opportunity. During the performance of this Contract, Contractor agrees with the Public Body as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and after October 13, 1968, 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, creed, or national origin, and after October 13, 1968, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited 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 apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin, and after October 13, 1968, without regard to race, color, religtion, sex, or national origin. (c) The Contractor will send to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice, to be provided, advising the labor union or worker's representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 25, 1965, and shall post copies of the notice in conspicuous places available to employees and appli- cants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or the Secretary of Housing and Urban Development pursuant thereto, and will permit access to the Contractor's books, records, and accounts by the Agency, the Secretary of Housing and Urban Development, and the Secretary of Labor for purposes and investigation to ascertain compliance with such rules, regulations and orders. (f) In the event of the Contractor's noncompliance with the nondis- crimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Contractor may be delcared ineligible for further Govern- ment contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the provisions of paragraphs (a) through (g) of this Section in every subcontract or purchase order unless exempted by Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any construction contract, subcontract, or purchase order as the Agency or the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened wiTth, litigation with a subcontractor or vendor as a result of such direction by the Agency or the Department of Housing and Urban Development, the Contractor may request the United States to enter into such litigation to protect the interests of the United States." For.the purpose of including such provisions in any construction con- tract or purchase order, as required by this Section 2, the term "Public Body" and the term "Contractor" may be changed to reflect appropriately the name or designation of the parties to such contract or purchase order. Section 3. Notice. A notice of communication under the Agreement by either party to the other shall be sufficiently given or delivered if dis- patched by registered mail, postage prepaid, return receipt requested, and (a) In the case of a notice or communication to the Public Body, is addressed as follows: City Manager, City Hall, 1625 13th Street, Lubbock, Texas, and, (b) In the case of & notice or communication to the Agency, is addressed as follows: Urban Renewal Agency, 911 10th Street, Lubbock, Texas, Attention: Executive Director, or is addressed in such other way in respect to either party as that party may, from time to time, designate in writing dispatched as provided in this Section. Sec. 4. Agreement Survives Conveyance. None of the provisions of the Agreement is intended to or shal1be merged by reason of any deed transferring title to the Property from the Agency to the Public Body or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of the Agreement. Sec. 5. Counterparts. The Agreement is executed .in three (3) counter- parts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 7 IN WITNESS %M=F, the Agency has caused the Amt to be duly executed in its behalf and its seal to be hereunto affixed and attested; and the Public Body caused the same to be duly executed in its behalf, on or as of the day and year first above written. ATTEST: cre APPROVED AS TO FORM AND LEGALITY: 8 CITY OF LUBBOCK Az By SCHEDULE A Description of Property All that certain parcel or parcels of land located in the City of Lubbock, County of Lubbock, State of Texas, more particularly described as follows: Coronado Land Disposition Parcel 54-1 (less the south fifty (50) feet) Lot lA and Lot 2A, Block 18, Seiber second Addition to the City of Lubbock, Lubbock County, Texas.