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HomeMy WebLinkAboutResolution - 1184 - Contract - URA - Acquistion/Relocation Services, Parks/Recreation Expansion - 08/26/1982SMH: j s RESOLUTION RESOLUTION 1184 - 8/26/82 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR ACQUISITION AND RELOCATION SERVICES BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK. WHEREAS, the City of Lubbock has heretofore acquired certain land pursu- ant to the expanding needs of the Community for additional park and''recrea- tional facilities; and WHEREAS, the City of Lubbock is to acquire certain additional lands for park facilities and open space in the vicinity south of Carroll Thompson Junior High School in Lubbock, Texas and desires to have the Urban Renewal Agency per- form certain functions with respect to the acquisition of such land and in the administration of the relocation activities necessary upon acquisition thereof; and WHEREAS, the Urban Renewal Agency desires to perform the functions for the City of Lubbock with respect to obtaining appraisals of certain parcels, acqui- sition of such land, and the relocation activities anticipated to be necessary on acquisition thereof; NOW THEREFORE: 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 di- rected to execute for and on behalf of the City of Lubbock a contract for ac- quisition and relocation services between.the City of Lubbock and the Urban Re- newal Agency of the City of Lubbock, attached herewith which shall be spread up on 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 Council this 26th day of A st 1982. LL Mc IST R, MAYOR ATTEST-: Ev lyn Gaf ga, City S r -Treasurer AP OVED AS TO CONTE NT: �cJ . Richard B. Mays, Communi y Development Coordinator APPROVED AS TO FORM: 64V /M - lY, Susan M. Horton, Assistant Assistant City Attorney RESOLUTION 11.8. 4 8/26/82 TITY SECRE GARY- REAS3URLN 6192 CONTRACT FOR ACQUISITION AND RELOCATION SERVICES BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS Contract is entered into on this 26th day of Au ust , 1982, by andeb tween the CITY OF LUBBOCK, a home rule municipal corporation, hereinafter called "CITY", and the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, hereinafter called "AGENCY". WITNESSETH: WHEREAS, the CITY may acquire certain property pursuant to the expanding needs of the Community for additional Park and Re- creational and other community facilities; and WHEREAS, the CITY is to acquire certain additional lands for park facilities and open space in the vacinity south of Carroll Thompson Junior High School, and property in the Overton Addition for a community facility in Lubbock, Texas, and desires to have the AGENCY perform certain functions with respect to the acqui- sition of such lands and in the administration of the relocation activities necessary upon acquisition thereof; and WHEREAS, the AGENCY desires to perform the functions for the CITY with respect to obtaining appraisals of certain parcels, ac- quisition of such lands, including all legal services required, and the relocation activities anticipated to be necessary upon acquisition thereof, including all legal services required; NOW THEREFORE, the CITY and the AGENCY do hereby agree as follows: 1. The AGENCY shall furnish certain services with respect to the acquisition of certain parcels of land on behalf of the CITY, pursuant to the Community Development Block Grant Program, the said parcels being described in Exhibit "A" of this Contract. All of the said properties are located within the City of Lubbock. 2. The AGENCY will provide the following services with re- spect to the acquisition of said parcels: A. The AGENCY shall obtain and present to the CITY appraisals for the respective parcels of land to be acquired under this Contract. The CITY shall determine the fair market value of each parcel of land based on a review of such appraisals, and AGENCY will meet personally with each owner of respective parcels of land and present to such owner a written offer based on such established fair market value. B. The AGENCY will deliver the written offer to purchase the property to the owner (based upon the -CITY'S review of appraisal and established fair market value) together with a summary state- ment of the basis of the offer, prepared in ac- cordance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended, hereinafter called the "ACT". C. The AGENCY'S negotiator will explain to each owner the policies and requirements of the CITY with re- spect to the acquisition of the parcels of real property to be acquired as set forth in this contract. D. The AGENCY will discuss the offer to purchase with the respective owners of the parcels of real pro- perty, including information contained in the sum- mary statement of the basis of the offer, and all other terms and conditions of the option which will be presented to the respective owners thereof. E. The AGENCY will provide the owners of the respec- tive parcels of property every reasonable oppor- tunity to present evidence which the owner be- lieves to be relevant to the question of value and which may be suggested in the terms and conditions in the option as may be necessary and desirable, and AGENCY shall report any proposed modification to CITY. F. The AGENCY will contact all parties to obtain re- leases of liens or any other instruments which the AGENCY'S attorney deems necessary for the purpose of securing fee simple title for the CITY to all of the parcels to be acquired under this Contract. G. The AGENCY will provide such services with respect to the coordination of all appraisal activities, including the appraiser and review appraiser, as may be necessary and as requested by the CITY. H. The AGENCY will provide all necessary legal ser- vices through its real estate legal services con- tract including among others, examination of title, preparation of all instruments of convey- ance and other closing papers, making all arrange- ments for and 'concluding each closing, preparation of all petitions for condemnation and all legal work necessary to complete condemnation cases. It is expressly understood that title of all property to be acquired under the contract goes directly to the CITY, and that the CITY hereby through this Contract expressly authorizes and employs the AGENCY'S attorney to represent the CITY in all negotiations and in all condemnation cases in obtaining fee simple title to the property to be acquired under this Contract as set forth in Exhibit "A". 3. The AGENCY will provide relocation services with re- spect to the owners or tenants of the parcels or real property which are to be acquired by the CITY, in accordance with the ACT, which will include: A. Notifying owners, tenants or any other person of relocation assistance that is available under the terms of the ACT. B. Providing counseling services as necessary to the displaced owners, tenants or any other person who is entitled to relocation assistance under the ACT C. Preparing all necessary claim forms, notices, or any other papers or documents as may be required by the ACT and deliver such to the appropriate parties. D. Providing all necessary legal services through its real estate legal services contract in connection with relocation and property management. Again, it is expressly understood that the CITY, through this Contract, authorizes and employs the AGENCY'S attorney to represent the CITY as needed for said legal services. 4. The AGENCY agrees to maintain such records as may be required by the ACT, which is understood to govern the procedures employed in the acquisition of such parcels of real property for the purposes set forth herein. Upon completion of all services to be performed under this Contract, including the hereinabove specified relocation services for each parcel, the AGENCY will not maintain any permanent records with respect to the parcels of real estate to be acquired under this Contract after the comple- tion -of such services as are specified to be performed by the AGENCY herein. 5. The AGENCY agrees to provide such appraisals and ap- praisal review of the properties to be acquired for such project, in accordance with the ACT. The costs of such appraisals and appraisal reviews shall be borne by the AGENCY. 6. The CITY will, based upon the appraisals and review ap- praisal of each parcel, establish the fair market value of each parcel, and pursuant to the establishment thereof, the AGENCY shall make all certifications relating thereto as required by the ACT. 7. The AGENCY will provide all legal services, surveys, certificates, or other instruments necessary for the acquisition and relocation with respect to the parcels of land as set forth in this Contract. 8. The CITY retains the right to make all final decisions with respect to the establishment of fair market value, or any other decision relating to the eligibility of persons for the receipt of relocation assistance, insofar as the CITY is vested with discretion in such matters, or with respect to any other decision or approval that may become necessary in the acquisi- tion of the properties which are the subject of this Contract. 9. The AGENCY will be responsible for the management of properties acquired hereunder after acquisition of the parcels set forth herein until such time as all relocation of the occu- pants has taken place. 10. The CITY will be responsible for all structures, foun- dations, fences etc., and for any site preparation of the said described parcels after all relocation of the occupants has taken place. 11. The CITY will make all payments and disbursements with respect to acquisition payments or relocation payments, or any other payments which may become due by virtue of the acquisition of the described parcels for such project. 12. The AGENCY will be responsible for any eviction or con- demnation proceedings that may become necessary and the AGENCY and its attorneys will institute and take part in any such pro- ceedings as needed. 13. It is agreed that the CITY shall pay to the AGENCY an amount not to exceed ONE HUNDRED FIVE THOUSAND DOLLARS ($105,000) for the services performed under this Agreement with such payment or payments to be paid upon the submission of a request or re- quests for payment by the AGENCY to the Community Development Coordinator. The AGENCY will be paid for the actual costs of rendering and performing the services (not to exceed six percent (6%) of the total contract exclusive of legal and appraisal fees) as set forth in this Agreement in connection with the properties set forth in Exhibit "A" of this Contract. Legal fees and ap- praisal fees incurred by the AGENCY in performing this Contract will be reimbursed separately, and not included in determining the six percent (6%) limit. 14. The AGENCY agrees and is hereby bound in the execution of this Contract by the requirements and provisions as set forth in Part II: Terms and Conditions, attached hereto and by refer- ence made a part hereof for all particulars as though fully set out herein. 15. This Contract shall terminate upon the completion by the parties and satisfaction of all terms and provisions provided hereunder. 16. This Contract constitutes and expresses the entire agreement between the parties hereto and shall not be amended or modified except by written instrument signed by both parties. IN WITNESS WHEREOF, the CITY and AGENCY have executed this Contract as of the first date above written. CITY OF LU K r n BILL Mc IS E YOR ATTEST: E e yn G a, Ci retary-Treasurer APPROVED -AS TO CONTENT: S Richard B. Mays, Communify Development Coordinator APPROVED AS TO FORM: &Y*rvw. Wfiv Susan M. Horton, Assistant City Attorney URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK H.NELSOO,/CHAIRMA ATTEST: H. 0. A erson, Secre EXHIBIT "A" SOUTH OVERTON PARK Parcel Number Legal Description 67440-44-1 The North 70 feet of Lot 1 and the North 70 feet of the East 38 feet of Lot 2, Block 44, Overton Addition 67440-44-2 The South 572 feet of Lots 1 and 2 and the South 571 feet of the East 30 feet of Lot 3, Block 44, Overton Addition 67440-44-3 The North 70 feet of the West 12 feet of Lot 2 and the North 70 feet of the East 30 feet of Lot 3, Block 44, Overton Addi- tion