HomeMy WebLinkAboutResolution - 2006-R0214 - Contract Of Sale - Most Reverend Placido Rodriguez - 03_11_2006Resolution No. 2006-RO214
May 11, 2006
Item No. 5.18
RESOLUTION
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 of Sale by and
between the City of Lubbock and Most Reverend Placido Rodriguez, Bishop of the
Roman Catholic Diocese of Lubbock, Texas, and all related documents. Said Contract of
Sale 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 this llth day of
ATTEST:
.
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
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Le AiitilDumbauld, City Manager
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Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Richard K. Casne ,-First Assistant City Attorney
ml/ccdocs/Catholic Diocese.res
April 24, 2006
Resolution No. 2006-RO214
May 11, 2006
CONTRACT OF SALE Item No. 5.18
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Contract of Sale (the "Contract") is made by and between Most Reverend
Placido Rodriguez, Bishop of the Roman Catholic Diocese of Lubbock, Texas, (referred
to herein as "Seller") and the City of Lubbock, Texas, a Home Rule Municipal
Corporation of Lubbock County, Texas (referred to herein as "Buyer").
RECITALS
WHEREAS, Seller owns that certain tract of land, being Lots 12-16, inclusive,
Block 5, RICHMOND SECOND Addition to the City of Lubbock, Lubbock County,
Texas, as reflected in that certain Map, Plat or Dedication Deed thereof, recorded in
Volume 26, Page 54, Deed Records, Lubbock County, Texas (the "Land"); and
WHEREAS, Seller desires to sell to City, and City desires to buy from Seller, the
Land, the rights appurtenant to the Land, the fixtures, and certain improvements located
on the Land, as set forth on Exhibit "A", attached hereto (collectively, the "Property").
ARTICLE I
SALE OF PROPERTY
For the consideration hereinafter set forth, and upon the terms, conditions and
provisions herein contained, Seller agrees to sell and convey to Buyer, and Buyer agrees
to purchase from Seller, the Property.
ARTICLE II
PURCHASE PRICE AND EARNEST MONEY
2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the
sum of One Hundred and Forty Thousand and No/100 Dollars ($140,000.00) (the
"Purchase Price").
2.02 Earnest Money. Buyer shall deposit the sum of Two Thousand and No/100
Dollars ($2000.00), as Earnest Money (herein so called) with Lubbock Abstract and Title
Company, at 1216 Texas Avenue, Lubbock, Texas, 79401 (the "Title Company"), as
escrow agent, upon execution of this Contract by Seller and Buyer. The Earnest Money
shall be invested in an interest bearing account with a financial institution in a manner
acceptable to Buyer, in its reasonable discretion. All interest earned thereon shall become
part of the Earnest Money and shall be applied or disposed of in the same manner as the
original Earnest Money deposit, as provided in this Contract. If the purchase
contemplated hereunder is consummated in accordance with the terms and the provisions
hereof, the Earnest Money, together with all interest earned thereon, shall be applied to
the Purchase Price at Closing. In all other events, the Earnest Money, and the interest
accrued thereon, shall be disposed of by the Title Company as provided in this Contract.
2.03 Independent Contract Consideration. Within ten (10) calendar days after the
Effective Date, as defined below, Buyer shall deliver to Seller a check in the amount of
One Hundred and No/100 Dollars ($100.00) (the "Independent Contract Consideration"),
which amount the parties hereby acknowledge and agree has been bargained for and
agreed to as consideration for Seller's execution and delivery of the Contract. The
Independent Contract Consideration is in addition to, and independent of any other
consideration or payment provided in this Contract, is non-refundable, and shall be
retained by Seller notwithstanding any other provision of this Contract.
ARTICLE III
TITLE AND SURVEY
3.01 Title Commitment.
(a) Within fifteen (15) calendar days after the execution of this Contract by Buyer
(the "Effective Date"), Seller, at Seller's sole cost and expense, shall cause to be
furnished to Buyer (and to the surveyor selected to perform the survey, as
contemplated below), a current Commitment for Title Insurance (the "Title
Commitment") for the Property, issued by Title Company. The Title
Commitment shall set forth the state of title to the Property, including a list of
liens, mortgages, security interests, encumbrances, pledges, assignments, claims,
charges, leases (surface, space, mineral, or otherwise), mineral reservations,
conditions, restrictions, options, conditional sales contracts, rights of first refusal,
restrictive covenants, exceptions, easements (temporary or permanent), rights -of -
way, encroachments, or any other outstanding claims, interests, estates or equities
of any nature (each of which are referred to herein as an "Exception").
(b) Along with the Title Commitment, Seller shall also cause to be delivered to
Buyer, at Seller's sole cost and expense,
(i) true and correct copies of all instruments that create or evidence
Exceptions, including those described in the Title Commitment as
exceptions to which the conveyance will be subject and which are required
to be released or cured at or prior to Closing; and
(ii) a currently dated Uniform Commercial Code Financing Statement search
of the records the Secretary of State of the State of Texas, and the
appropriate Lubbock County official responsible for filing UCC financial
statements for fixtures, covering (1) the Seller; (2) the Property; and (3)
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any other known owner of the Property during the past five (5) years,
together with any and all financing statements listed in this search.
3.02 Survey. Within thirty (30) calendar days after the Effective Date, Seller, at
Seller's sole cost and expense, shall cause two (2) prints of a current on the ground survey
for the Property (the "Survey") to be delivered to Buyer. In addition, Seller shall furnish
any affidavits, certificates, assurances, resolutions and any other documents or materials
required by the Title Company in order to amend the survey exceptions as required by
Section 3.05 below. Unless otherwise agreed by Buyer, the description of the Property as
set forth in the Survey shall be used to describe the Property in the deed to convey the
Property to Buyer and shall be the description set forth in the Title Policy.
The Survey shall include a certified map or plot showing:
(i) the plot to be covered by the deed conveying the Property to Buyer;
(ii) the relation of the point of the beginning of such plot to the monument from
which it is fixed;
(iii) all easements, showing the recording information therefor by volume and page;
(iv) the established building line, if any;
(v) all easements appurtenant to such plot;
(vi) the boundary line of the street or streets abutting the plot and the width of such
streets;
(vii) any encroachments and the extent thereof in terms of distance upon said plot and
any easements appurtenant thereto;
(viii) the location of all structures and improvements on said plot with horizontal length
of all sides and the relation thereof by distances to (a) all boundary lines of the
plot; (b) all easements; (c) established building lines, and (d) street lines.
Further, the certification of the Survey for the description of the Property and the
map or plot, should be addressed to Buyer (and to the Title Company, if required by the
Title Company), signed by surveyor, bearing the current date, and registration number.
3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall
have a period of twenty (20) calendar days (the "Title Review Period") commencing with
the day Buyer receives the last of the Title Commitment, the Survey, the UCC Search and
the Exception documents, in which to give written notice to Seller, specifying Buyer's
objections to one or more of the items ("Objections"), if any. All items set forth in the
Schedule C of the Title Commitment, and all other items set forth in the Title
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Commitment which are required to be released at or prior to Closing, shall be deemed to
be Objections.
3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. If Buyer notifies
Seller of Objections to any of the matters furnished to Buyer pursuant to this Article III,
the Seller shall, within fifteen (15) calendar days after Seller is provided notice, either
satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in
writing of the Objections that Seller cannot or will not -satisfy. Notwithstanding the
foregoing sentence, Seller shall, in any event, be obligated to cure those Objections or
Exceptions that are liens or security interests or that have been voluntarily placed on or
against the Property by Seller after the Effective Date. If Seller fails or refuses to satisfy
any Objections that Seller is not obligated to cure within the allowed fifteen (15) calendar
day period, if Buyer and Seller do not agree in writing to an extension of that period, then
Buyer has the option of either:
(i) waiving the unsatisfied Objections by notice in writing to Seller within thirty (30)
calendar days after the expiration of the Title Review Period, in which event those
Objections shall become Permitted Exceptions (herein so called), or
(ii) terminating this Contract either by (i) providing notice in writing of termination;
or (ii) not providing notice of waiver, as set forth in Section 3.04 (i), and upon
such termination Buyer shall receive back the Earnest Money, in which latter
event Seller and Buyer shall have no further obligations, one to the other, with
respect to the subject matter of this Contract.
3.05 Title Policy. At Closing, Seller, at Seller's sole cost and expense, shall cause a
standard Texas Owner Policy of Title Insurance ("Title Policy") to be furnished to Buyer.
The Title Policy shall be issued by the Title Company, on behalf of Lawyers Title
Insurance Corporation, in the amount of the Purchase Price and insuring that Buyer has
indefeasible fee simple title to the Property, subject only to the Permitted Exceptions.
The Title Policy may contain only the Permitted Exceptions and shall contain no other
exceptions to title, with the standard printed exceptions amended or deleted as follows:
(i) survey exception shall be amended to read "shortages in area" only (although
Schedule C of the Title Commitment may condition amendment on the
presentation of an acceptable survey and payment, to be borne solely by Seller, of
any required additional premium);
(ii) the exception for taxes must be completed with only the current year filled in
(unpaid taxes for prior years, if any, may be shown on Schedule C of the Title
Commitment);
(iii) no exception will be permitted for "visible and apparent easements" or words to
that effect (although reference may be made to any specific easement or use
shown on the Survey);
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(iv) no exception will be permitted for "rights of parties in possession";
(v) no liens will be shown on Schedule B.
Notwithstanding the enumeration of the following exceptions, amendments and/or
deletions, Buyer may object to any Exceptions it deems material, in its sole discretion.
ARTICLE IV
FEASIBILITY REVIEW PERIOD AND IMPROVEMENTS
4.01 Review Period. Any term or provision of this Contract notwithstanding, the
obligations of Buyer specified in this Contract are wholly conditioned on Buyer's
having determined, in Buyer's sole and absolute discretion, during the period
commencing with the Effective Date of this Contract and ending forty-five (45)
calendar days thereafter (the "Absolute Review Period"), based on such tests,
examinations, studies, investigations and inspections of the Property the Buyer
deems necessary or desirable, including but not limited to studies or inspections to
determine the existence of any environmental hazards or conditions, performed at
Buyer's sole cost, that Buyer finds the Property suitable for Buyer's purposes.
Buyer is granted the right to conduct engineering and/or market and economic
feasibility studies of the Property, and to conduct a physical inspection of the
Property, including without limitation, soil borings and other reasonable intrusive
or invasive investigations. If Buyer determines, in its sole judgment , that the
Property is not suitable, for any reason, for Buyer's intended use or purpose, the
Buyer may terminate this Contract by written notice to the Seller, as soon as
reasonably practicable, but in any event prior to the expiration of the Absolute
Review Period, in which case the Earnest Money will be returned to Buyer, and
neither Buyer nor Seller shall have any further duties or obligations hereunder.
ARTICLE V
REPRESENTATIONS, WARRANTIES, COVENANTS AND
AGREEMENTS
5.01 Representations and Warranties of Seller. To induce Buyer to enter into this
Contract and consummate the sale and purchase of the Property in accordance with the
terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective
Date and as of the Closing Date, except where specific reference is made to another date,
that:
(a) The descriptive information concerning the Property set forth in this
Contract is complete, accurate, true and correct.
(b) There are no adverse or other parties in possession of the Property or any
part thereof, and that no party has been granted any license, lease or other
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right related to the use or possession of any of the Property, or any part
thereof, except those described in the Leases, as defined in Section 5.02(a).
(c) The Seller has good and marketable fee simple title to the Property, subject
only to the Permitted Exceptions.
(d) The Seller has the full right, power, and authority to sell and convey the
Property as provided in this Contract and to carry out Seller's obligations
hereunder, and that all requisite actions necessary to authorize Seller to
enter into this Contract and to carry out Seller's obligations hereunder
have been, or by the Closing, will have been taken.
(e) All utilities (including without limitation, water, gas, sanitary sewer,
electricity, trash removal, and telephone service) required by law or
necessary for operation of the Property as it is now being operated are
available to the Property in sufficient quantities to adequately service the
needs of the Property.
(f) The Seller has not received notice of, and has no other knowledge or
information of, any pending or threatened judicial or administrative action,
or any action pending or threatened by adjacent land owners or other
persons against or affecting the Property.
(g) The Seller has not received, and has no other knowledge or any other
information of, notice from any insurance company or board of fire
underwriters requesting the performance of any work or alteration with
respect to the Property that has not been performed, or requiring an
increase in insurance rates applicable to the Property, or are aware of any
defects or inadequacies in the Property, which, if not corrected, would
result in the termination of insurance coverage or would increase the cost
thereof.
(h) The Seller has disclosed to Buyer in writing of any and all facts and
circumstances relating to the physical condition of the Property that may
materially and adversely affect the Property and operation or intended
operation thereof, or any portion thereof, of which Seller has knowledge.
(i) The Seller has paid all real estate and personal property taxes, assessments,
excises, and levies that are presently due which are against or are related to
the Property, or will be due as of the Closing, and the Property will be
subject to no liens, other than liens for ad valorem taxes for years
subsequent to Closing.
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(j) All items delivered to Buyer pursuant to Section 5.02(a), below, are true,
correct and complete in all respects and fairly present the information set
forth in a manner that is not misleading.
(k) Seller has not contracted or entered into any agreement with any real estate
broker, agent, finder, or any other party in connection with this transaction
and has not taken any action which would result in any real estate broker
commissions or finders fee or other fees payable to any other party with
respect to the transactions contemplated in this Contract.
(1) All Leases, as defined in Section 5.02(a), shall have expired or otherwise
terminated on or before the date of Closing.
5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer
as follows:
(a) Unless stated otherwise, prior to the Effective Date hereof, or within three
(3) days after the Effective Date, Seller, at Seller's sole cost and expense,
shall deliver to Buyer, with respect to the Property, true, correct, and
complete copies of the following:
(i) All lease agreements (including a full and accurate description of
any valid oral lease, agreement or license) and/or occupancy
agreements and/or licenses of any kind or nature relating to the
possession of the Property, or any part thereof, including any and
all modifications, supplements, and amendments thereto (the
"Leases").
(ii) Within ten (10) days after the Effective Date, all valid and
subsisting written warranties and guaranties relating to the
Property, or any part thereof, together with written statements
setting forth the unexpired term of any warranty or guaranty, and
stating that they are assignable to Buyer and that the assignment
will provide to Buyer full rights and benefits thereof.
(iii) All fire, hazard, liability, builder's risk and other insurance policies
held by Seller on the Property.
(iv) The plans and specifications with respect to the Property that Seller
possesses or has the right to receive, and copies of all other
engineering and architectural plans and specifications in Seller's
possession or has the right to receive.
(b) From the Effective Date until the date of Closing or earlier termination of
this Contract, Seller shall:
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(i) Not enter into any written or oral service contract or other
agreement of any kind with respect to the Property that will not be
fully performed on or before the Closing or would be binding on
Buyer after the date of Closing.
(ii) Advise the Buyer promptly of any litigation, arbitration, or
administrative hearing concerning or affecting the Property.
(iii) Not take, or omit to take, any action that would result in a violation
of the representations, warranties, covenants, and agreements of
Seller.
(iv) Not sell, assign, lease or convey any right, title or interest
whatsoever in or to the Property, or create, or permit to exist, any
lien, encumbrance, or charge thereon.
(v) Not enter into, or alter or amend, or otherwise modify any Lease
without first obtaining the Buyer's written consent.
(c) To indemnify and hold Buyer harmless from all loss, liability, and
expense, including, without limitation, reasonable attorneys' fees, arising
or incurred as a result of any liens or claims resulting from labor or
materials furnished to the Property under any written or oral contracts
arising or entered into prior to Closing.
(d) In the event Buyer's inspection of the Property during the Absolute
Review Period reveals in Buyer's judgment that the Property is in need of
repair, Buyer shall furnish to Seller, on or before the expiration of the
Absolute Review Period, a description of such items in need of repair and
the cost estimated for such repairs (the "Repair Notice"). Seller shall pay
for such repairs as noticed by Buyer, except as may be limited herein.
Seller is not obligated to pay more than Two Thousand and no/100 Dollars
($2,000.00) for treatment and repairs of damage resulting from termites or
other wood destroying insects, or to pay more than Seven Thousand and
No/100 Dollars ($7,000.00) for all other repairs (collectively, the "Limited
Costs").
If Seller notifies Buyer on or before five (5) days of the Repair Notice that
it will not pay for costs of repairs over and above the Limited Costs, Buyer
may either (i) accept the Property subject to the costs of repairs over and
above the Limited Costs; or (ii) terminate this Contract by written notice to
Seller, at which time the Earnest Money shall be returned to Buyer, and
neither Buyer or Seller shall have any further duties or obligations
hereunder. In the event Seller does not provide notice of its election to not
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pay for the costs over and above the Limited Costs, it shall be deemed for
all purposes that Seller has agreed to pay for all costs included in the
Repair Notice. In the event the time necessary for making the repairs
extends beyond the Closing Date, the Purchase Price at Closing shall be
reduced by the costs set forth in the Repair Notice, less the costs of the
repairs acceptably performed by Seller prior to the Closing Date.
5.03 Survival Beyond Closing. The representations, warranties, covenants and
agreements of Seller and Buyer contained in this Contract shall survive the Closing.
ARTICLE VI
CONDITIONS PRECEDENT TO PERFORMANCE
6.01 Performance of Seller's. Obligations. Buyer is not obligated to perform under
this Contract unless, within the designated time periods, at Seller's sole cost and expense
(except as herein expressly provided to the contrary), all of the following shall have
occurred:
(i) Seller has performed, furnished, or caused to be furnished to Buyer all
items required to be so performed or furnished under other sections of this
Contract; and
(ii) Seller cures or Buyer waives in writing, within the time periods specified
in Article 111, all of Buyer's objections made in accordance with Article 1H.
6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements.
Buyer is not obligated to perform under this Contract unless all representations,
warranties, covenants and agreements of Seller contained in this Contract are true and
correct, as of the Effective Date and Closing Date, except where specific reference is
made to another date.
6.03 Adverse Change. Buyer shall not be obligated to perform under this Contract, if
on the date of Closing, any portion of the Property has been condemned, or is the subject
of condemnation, eminent domain, or other material proceeding, or has been damaged by
fire or other casualty in any material manner, or the Property, or any part thereof, has been
materially or adversely impaired in any manner.
6.04 Review Period. Buyer shall not be obligated to perform under this Contract if
Buyer delivers written notice to Seller pursuant to Section 4.01, that Buyer has
determined that the Property is unsuitable to or for Buyer's purposes.
6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything
contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive
any of the conditions precedent to the performance of Buyer's obligations under this
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Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying
the waived condition precedent.
6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any
of the conditions precedent to the performance of Buyer's obligations under this Contract
have not been satisfied or waived in writing by the Buyer, the Buyer may, by giving
written notice to Seller, terminate this Contract. On Buyer's termination, the Earnest
Money shall be immediately returned to Buyer by the Title Company. The Seller shall,
on written request from Buyer, promptly issue the instructions necessary to instruct the
Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise
provided in this Contract, Buyer and Seller shall have no further obligations under this
Contract, one to the other.
ARTICLE VII
CLOSING
7.01 Date and Place of Closing. The Closing shall take place in the offices of the
Title Company and shall be accomplished through an escrow to be established with the
Title Company, as escrowee. The Closing Date (herein sometimes called), shall be on the
earlier to occur of (i) five (5) days following the completion of all conditions precedent to
Buyer's performance of this Contract as set forth in Article VI hereof; or (ii) as mutually
agreed on by Seller and Buyer. Closing shall not be later than thirty (30) calendar days
after the expiration of the Absolute Review Period unless extended by mutual agreement
of Buyer and Seller.
7.02 Items to be Delivered at the Closing.
(a) Seller. At the Closing, Seller shall deliver or cause to be delivered to
Buyer or the Title Company, at Seller's sole cost and expense (except as
herein expressly provided to the contrary), the following items:
(i) The Title Policy, in the form specified in Section 3.05;
(ii) The General Warranty Deed, substantially in the form as attached
hereto as Exhibit `B", subject only to the Permitted Exceptions, if
any, duly executed by Seller and acknowledged;
(iii) A Bill of Sale, substantially in the form as attached hereto as
Exhibit "C", executed by Seller;
(iv) An updated UCC Search, dated not more than three (3) days prior
to the date of Closing, showing no filings against or with respect to
all or any portion of the Property;
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(v) Other items reasonably requested by the Title Company as
administrative requirements for consummating the Closing.
(b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company,
the following items:
(i) The sum required by Section 2.01, as may be adjusted according to
the terms of this Contract, in the form of certified or cashier's
check or other readily available funds;
(ii) Other items reasonably requested by the Title Company as
administrative requirements for consummating the Closing.
7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in
this Contract, the provisions of this Section 7.03 shall survive the Closing. The following
item shall be adjusted or prorated between Seller and Buyer with respect to the Property:
(i) Ad valorem taxes relating to the Property for the calendar year in which
the Closing shall occur shall be prorated between Seller and Buyer as of
the Closing Date. If the actual amount of taxes for the calendar year in
which the Closing shall occur is not known as of the Closing Date, the
proration shall be based on the amount of taxes due and payable with
respect to the Property for the preceding calendar year. In the event it is
determined that the amount of taxes utilized in the described proration
calculation is incorrect for the calendar year in which Closing shall occur,
the party owing additional amounts under such proration shall, on or
before twenty (20) days after notice, submit to the other party funds
necessary to correct the proration of taxes for the calendar year in which
Closing shall occur.
7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer on
the Closing Date, in its present condition, subject only to ordinary wear and tear. Any
property of the Seller which is not the subject of the transaction contemplated by this
Contract shall be removed from the Property by Seller, prior to the Closing Date. Any
such property not so removed shall, at the option of Buyer either;
(i) become the property of Buyer; or
(ii) be removed by Buyer at Seller's sole cost and expense. In the
event Buyer shall elect to remove such property, Buyer shall owe
no duty to protect such property, and shall, in no event be liable to
Seller for loss, damage, or destruction of same. Buyer may dispose
of any such property in any manner it desires in its sole discretion,
and retain any proceeds received by Buyer for such property.
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7.05 Costs of Closing. Each party is responsible for paying the legal fees of its
counsel, in negotiating, preparing, and closing the transaction contemplated by this
Contract. Seller is responsible for paying fees, costs and expenses identified herein as
being the responsibility of Seller. Buyer is responsible for paying fees, costs, expenses
identified herein as being the responsibility of Buyer. If the responsibility for such costs
or expenses associated with closing the transaction contemplated by this Contract are not
identified herein, such costs or expenses shall be borne by the parties as same are
normally assessed by the Title Company in a transaction of this character.
ARTICLE VIII
DEFAULTS AND REMEDIES
8.01 Seller's Defaults and Buyer's Remedies.
(a) Seller's Defaults. Seller is in default under this Contract on the
occurrence of any one or more of the following events:
(i) Any of Seller's warranties or representations contained in this
Contract are untrue on the Closing Date or date of the
representation or warranty provided in this Contract; or
(ii) Seller fails to meet, comply with or perform any covenant,
agreement, condition precedent or obligation on Seller's part
required within the time limits and in the manner required in this
Contract.
(b) Buyer's remedies. If Seller is in default under this Contract, Buyer may,
at Buyer's option, do any one or more of the following:
(i) Terminate this Contract by written notice delivered to Seller on or
before the Closing Date, in which event the Buyer shall be entitled
to a return of the Earnest Money;
(ii) Enforce specific performance of this Contract against Seller,
requiring Seller to convey the Property to Buyer subject to no liens,
encumbrances, exceptions, and conditions other than those shown
on the Title Commitment; and
(iii) Seek any other recourse or relief that may be available to Buyer at
law or in equity, including bringing a suit for damages. It is
expressly agreed and understood that the exercise of any right or
remedy by Buyer shall not preclude the concurrent or subsequent
exercise of any other right or remedy and all rights and remedies
shall be cumulative.
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(c) Return of Earnest Money Deposit. On the occurrence of any event
deemed by Buyer to be a default by Seller under this Contract, in addition
to the exercise of rights and remedies set forth in Section 8.01, the Earnest
Money, together with the interest thereon, shall be immediately returned to
the Buyer by the Title Company. Seller shall, promptly on written request
from Buyer, execute and deliver any documents necessary to cause the
Title Company to return to Buyer the Earnest Money.
8.02 Buyer's Default, Seller's Remedies.
(a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to
deliver at Closing the items specified in Section 7.02(b) of this Contract
for any reason other than a default by Seller under this Contract or
termination of this Contract pursuant to the terms hereof prior to Closing.
(b) Seller's Remedies. If Buyer is in default under this Contract, Seller, as
Seller's sole and exclusive remedy for the default, may either (i) terminate
this Contract and, following the expiration of five (5) calendar days after
Buyer is in receipt of written notice of the default, receive the Earnest
Money from the Title Company as liquidated damages...; or (ii) enforce
specific performance of this Contract against Buyer requiring Buyer to
purchase the Property subject to no liens, encumbrances, exceptions and
conditions other than those shown on the Title Commitment.
ARTICLE IX
MISCELLANEOUS
9.01 Notice. All notices, demands, requests, and other communications required
hereunder shall be in writing, and shall be deemed to be delivered, upon the earlier to
occur of (a) actual receipt, and (b) the deposit of, in a regularly maintained receptacle for
the United States Mail, registered or certified, return receipt requested, postage prepaid,
addressed as follows:
SELLER:
Yv� Rol ► S a� � Sb �� e�
Facsimile: `2 � 3— tb L �E
BUYER:
Lee Ann Dumbauld
City Manager, City of Lubbock
P.O. Box 2000
Lubbock, Texas79457
(806) 775-2228
Facsimile: (806) 775-2051
Contract of Sale
Page 13 of 31
Copies to:
For Seller:
Facsimile: ? L3
For Buyer:
Richard K. Casner
First Assistant City Attorney
P. O. Box 2000
Lubbock, TX 79457
(806) 767-2221
Facsimile: (806) 775-3307
Edward W. Bucy
Right -of -Way Agent
P. O. Box 2000
Lubbock, TX 79457
(806) 767-2352
9.02 Governing Law and Venue. This Contract is being executed and delivered and
is intended to be performed in the State of Texas, the laws of Texas governing the
validity, construction, enforcement and interpretation of this Contract. THIS
CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY
ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN LU13BOCK
COUNTY, TEXAS.
9.03 Entirety and Amendments. This Contract embodies the entire agreement
between the parties and supersedes all prior agreements and understandings, if any,
related to the Property, and may be amended or supplemented only in writing executed by
the party against whom enforcement is sought.
9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller
and Buyer, and their respective heirs, executors, administrators, successors and assigns.
9.05 Risk of Loss. If any damage or destruction to any of the Property occurring after
the Repair Notice but prior to Closing has not been restored to the satisfaction of Buyer,
as determined in Buyer's sole discretion, on or before the date of Closing, or if any
condemnation or any eminent domain proceedings are threatened or initiated that might
result in the taking of any portion of the Property, Buyer may, at Buyer's option, do any
of the following:
(a) Terminate this Contract and withdraw from this transaction without cost,
obligation or liability, in which case the Earnest Money shall be
immediately returned to Buyer; or
(b) Consummate this Contract, in which case Buyer, with respect to the
Property, shall be entitled to receive any insurance proceeds paid for
Contract of Sale
Page 14 of 31
damage to the Property, together with the deductible amount under Seller's
insurance covering the Property. If Buyer makes this election, the Closing
shall be held on the tenth (10) calendar day after election is made to close
and receive the insurance proceeds and the deductible amount.
Seller shall notify Buyer on or before three (3) days of final settlement of the
insurance claims of all material terms of such settlement. Buyer shall have a period of ten
(10) days after receipt of written notification from Seller on the final settlement of all
insurance claims in which to make Buyer's election.
9.06 Further Assurances. In addition to the acts and deeds recited in this Contract
and contemplated to be performed, executed and/or delivered by Seller and Buyer, Seller
and Buyer agree to perform, execute and/or deliver, or cause to be performed, executed
and/or delivered at the Closing or after the Closing, any further deeds, acts, and
assurances as are reasonably necessary to consummate the transactions contemplated
hereby.
9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time
is of the essence with respect to this Contract.
9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are
incorporated in and made a part of, this Contract for all purposes.
9.09 Delegation of Authority. Authority to take any actions that are to be, or may be,
taken by Buyer under this Contract are hereby delegated by Buyer to City Manager, Lee
Ann Dumbauld, or her designee.
9.10 Expiration of Offer. The execution of this Contract by Seller constitutes an offer
to sell the Property. Unless by 5:00 p.m., on May 31, 2006, this Contract is accepted by
Buyer, and a fully executed counterpart is delivered to Seller, the offer of this Contract
shall be automatically revoked and terminated.
Contract of Sale
Page 15 of 31
SELLER:
Most Reverend Placido Rodriguez, Bishop of the
Roman Catholic Diocese of Lubbock, Texas
By: '
Name: MO. !`e cr
Title:
Executed by Seller on the S ` day of 2006.
I�
Executed by Buyer on the llth day of May 2006.
ATTEST:
Beck Garza, City Secretary
APPROVED AS TO CONTENT:
Lee Aim Dumbauld, City Manager
Ed Bucy, Right -of -Way Age
APPROVED AS TO FORM:
r�
Richard Casner, First Assistant City Attorney
mVRichard/CathoBc Diocese -Contract of Sak.doc
February 20, 2006
Contract of Sale
Page 16 of 31
Resolution No. 2006-RO214
May 11, 2006
EXHIBIT "A"Item No. 5.18
A. The following items shall be deemed to comprise a portion of the Property, to wit:
1. Blinds
2. Window shades
3. Wall to wall carpeting
4. Mirrors fixed in place
5. Built in security and fire detection equipment
6. Lighting and plumbing fixtures
7. Shrubbery
8. Existing HVAC System
9. All restroom fixtures
10. All other items not expressly described in Paragraph `B", hereof.
B. Notwithstanding, anything in this Contract to the contrary, the Seller shall retain, and
this Contact does not contemplate the sale of, the following items:
Any and all furniture not attached and/or affixed to the Property, unless
described above as comprising a portion of the Property.
2. The following inventory of the Youth Center will be available for the use of
Guadalupe/Parkway Neighborhood Center, but remains the property of Catholic
Family Services.
Chairs
• Maroon clothed seats — 20
• Black rolling seats — 2
• Brown rolling seats —1
• Brown clothed seats — 7
• Stools — 2 green, 2 blue, 1 red
Computers
• Youth 1 (Dell) Serial Number CN-opo 151-64180-4C6-344B (2 Dell
speakers) Hard Drive Serial Number CN-OG847742940-OIR1
• Youth2 (emachines) Serial Number MPF39 500 18825 (2 emachines
speakers) Hard Drive Serial Number OIV3A 007 00258
• Youth3 (NEG) Serial Number JC-1576VMA (2 creative speakers)
Hard Drive Serial Number
• Youth 4 (emachines) Serial Number MPF3A 500 78442 (2 emachines
speakers) Hard Drive Serial Number Q1V3AO07 00116
• Youth5 (Dell) Serial Number CN-opo 151-64180-4C6-3439 (2 dell
speakers) Hard Drive Serial Number CN-OG8477-42940-51I-01R1
• Youth6 (Dell) Serial Number CN-opo151-64180-4C6-343F (2 dell
speakers) Hard Drive Serial Number CN-OG8477-42940-51I-01RO
• Dell Wireless Broadband Router Serial Number DS/N TW-OG7251-
36210-52G-18XM
• Speed Stream ADSL Modem Serial Number MAC:000B23BA6A1B
Contract of Sale
Page 17 of 31
• Linksys Modem Serial Number 143005987 AD08 AB
All computers come with all cords, connectors and mouse.
Couch
• Brown textured with 2 small blue pillows and 1 big junior mint pillow
Filing Cabinet
• Small tan cabinet
Tables
• Long white tables — 4
• Brown round — 1
• Wooden stands — 2
• Black erase board stand
Printer
• HP LaserJet 1320n Serial Number CNDC52209R
Russ
• Big ones — 2
• Small ones — 2
Televisions
• Toshiba TV (grey) Serial Number 81641002B with remote and RCA
antenna
• Panasonic DVD (grey) Serial Number VB3AZ032091 with remote
• JVC VCR (black) Serial Number 098W2936
Trash Cans
• Big blue with top
• Small red missing top
• Small grey with top
Extras
• Pictures with frames — 14
• Fire Extinguishers — 2
• Max 2000 paper towel dispenser
• Room Dividers — 6 (2 of each color blue, green and purple)
• Ladder — 1 green (big)
• Wind Tunnel Vacuum (with attachments)
• Blue broom with 2 dust pans (blue)
• Yellow Mop
• Small Sanyo refrigerator
• First Aid Kit
• Bean Bags — 6
• Extension Cords — 6
• AT&T 2.4 GHz Cordless Phone with connectors
Contract of Sale
Page 18 of 31
Fans
• Honeywell with remote
• Holmes
Movies
• Wonder of it all
• Jack & the bean stalk
• Brighty
• The road to independence
• Boy in the plastic bubble
• Billy Elliot
• Heidi
• National Park Video Library
• How to set limits for kids
• Teenage Mutant Ninja Turtles — Case of the killer pizzas
• Teenage Mutant Ninja Turtles — Michelangelo meets bug man
• Baby animals
• ET
• Horton Hears a who (Dr. Seuss)
• Tom & Jerry's cartoon cavalcade
• The Million dollar kid
• Mighty Ducks Disney
• Fly away home
• Chuckelwood school daze critters
• Clifford Fluffiest
• Teenage Mutant Ninja Turtles 11 Secret of the Ooze
• The living desert
• Dusty
• To grandmothers house we go
• The family life of animals
• Pool Table assembly made easy
• Teenage Mutant Ninja Turtles — Attach of the big mac
• The mask— Baby's wild ride
• White wilderness
• Xtra Lite beginners Yoga
• Tae Bo 8 minute workout
• Tae Bo Basic Work Out
• Tae Bo Advanced Workout
• Tae Bo Ultimate total body work out for men and women
• Tae Bo Instructional video
• Tae Bo Basic video
• Tae Bo Advanced video
• Tae Bo Impact intro
DVDs
• Princesses Diaries
• Dr. Dolittle
Contract of Sale
Page 19 of 31
• The Alamo
• Pirates of the Caribbean
• Grapes of Wrath
• Coach Carter
Music Equipment
• Phillips 3 disc Stereo with black remote Serial Number
KY000319023394 and 2 speakers
• Radio Shack Multi -channel professional wireless lap microphone Serial
Number FCC ID AA032-1231A
• Radio Shack Multi -channel professional wireless microphone receiver —
3
• Serial Number (Connected to stereo) FCC ID AA032 233
• Serial Number 0129708007
• Serial Number 0129708006
• Radio Shack MPA-46 PA Amplifier 35 watt Serial Number 970404517-
4A7
• Radio Shack 35 Watt Amplifier with Microphone mixer Serial Number
970403384A7
• Radio Shack PA110 Woofer Serial Number 01297080L0
Games
•
Topple/Jumpin' Monkeys
•
Tic Tac Throw
•
Pro Hockey
•
Mega Blocks Set
•
Bop It
•
Foot Game
•
Etch a Sketch
•
Jenga
•
Tumblin Towers
•
Boggle
•
Original Memory Game
•
Hands Down
•
Hungry Hippo
•
Don't Spill the Beans
•
Cooties
•
Ants in the pants
•
Mr. and Mrs. Potato Heads — 2
•
Perfection
•
Hot Potato
•
Connect Four
•
Chess/Backgammon/Checkers
•
Sorry
RKC#2"hA t.con
Contract of Sale
Page 20 of 31
Resolution No. 2006-RO214
May 11, 2006
EXHIBIT "B" Item No. 5.18
GENERAL WARRANTY DEED
STATE OF TEXAS §
COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS
That , Most Reverend Placido Rodriguez, Bishop of the
Roman Catholic Diocese of Lubbock, Texas (herein called "Grantor"), for and in
consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and
valuable consideration to Grantor in hand paid by the CITY OF LUBBOCK, a Home
Rule Municipal Corporation (herein called "Grantee"), P. O. Box 2000, Lubbock, TX
79457, the receipt and sufficiency of which are hereby acknowledged and confessed, has
GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and
CONVEY, unto Grantee all the real property in Lubbock County, Texas described as Lots
12-16, inclusive, Block 5, RICHMOND SECOND Addition to the City of Lubbock,
Lubbock County, Texas, as depicted in that certain Map, Plat or Dedication Deed thereof,
recorded in Volume 26, Page 54, Deed Records, Lubbock County Texas, together with all
appurtenances, fixtures and improvements attached thereto or located thereon, SAVE
AND EXCEPT the fixtures and/or improvements described on Exhibit "A" attached
hereto (the "Property").
This conveyance is subject to the following:
[Insert Permitted Exceptions]
Contract of Sale
Page 21 of 31
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and
assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
EXECUTED the day of , 2006.
Grantor:
Most Reverend Placido Rodriguez,
Bishop of the Roman Catholic Diocese of
Lubbock, Texas
THE STATE OF_ TEXAS §
COUNTY LUBBOCK §
This instrument was acknowledged before me on the — day of ,
2006, by Most Reverend Placido Rodriguez, Bishop of the Roman Catholic Diocese of
Lubbock, Texas
Notary Public, State of Texas
My commission expires:
Contract of Sale
Page 22 of 31
Resolution No. 2006-RO214
May 11, 2006
EXHIBIT "A" Item No. 5.18
To General Warranty Deed
The Grantor shall retain, and this Deed does not convey the following items:
The following inventory of the Youth Center will be available for the use of
Guadalupe/Parkway Neighborhood Center, but remains the property of Catholic Family
Services.
Chairs
• Maroon clothed seats — 20
• Black rolling seats — 2
• Brown rolling seats — 1
• Brown clothed seats — 7
• Stools — 2 green, 2 blue, 1 red
Computers
• Youth (Dell) Serial Number CN-opo151-64180-4C6-344B (2 Dell
speakers) Hard Drive Serial Number CN-OG847742940-01R1
• Youth2 (emachines) Serial Number MPF39 500 18825 (2 emachines
speakers) Hard Drive Serial Number OIV3A 007 00258
• Youth3 (NEG) Serial Number JC-1576VMA (2 creative speakers)
Hard Drive Serial Number
• Youth 4 (emachines) Serial Number MPF3A 500 78442 (2 emachines
speakers) Hard Drive Serial Number QIV3A007 00116
• Youth5 (Dell) Serial Number CN-opo I 5l-64180-4C6-3439 (2 dell
speakers) Hard Drive Serial Number CN-OG847742940-51I-01R1
• Youth6 (Dell) Serial Number CN-opo151-64180-4C6-343F (2 dell
speakers) Hard Drive Serial Number CN-OG8477-42940-51I-0IRO
• Dell Wireless Broadband Router Serial Number DS/N TW-OG7251-
36210-52G-18XM -
• Speed Stream ADSL Modem Serial Number MAC: 000B23BA6A1B
• Linksys Modem Serial Number 143005987 AD08 AB
All computers come with all cords, connectors and mouse.
Couch
Brown textured with 2 small blue pillows and I big junior mint pillow
Filing Cabinet
• Small tan cabinet
Tables
• Long white tables — 4
• Brown round — I
• Wooden stands — 2
Contract of Sale
Page 23 of 31
• Black erase board stand
Printer
• HP LaserJet 1320n Serial Number CNDC52209R
Rues
• Big ones — 2
• Small ones — 2
Televisions
• Toshiba TV (grey) Serial Number 81641002B with remote and RCA
antenna
• Panasonic DVD (grey) Serial Number VB3AZ032091 with remote
• JVC VCR (black) Serial Number 098W2936
Trash Cans
• Big blue with top
• Small red missing top
• Small grey with top
Extras
• Pictures with frames —14
• Fire Extinguishers — 2
• Max 2000 paper towel dispenser
• Room Dividers — 6 (2 of each color blue, green and purple)
• Ladder — 1 green (big)
• Wind Tunnel Vacuum (with attachments)
• Blue broom with 2 dust pans (blue)
• Yellow Mop
• Small Sanyo refrigerator
• First Aid Kit
• Bean Bags — 6
• Extension Cords — 6
• AT&T 2.4 GHz Cordless Phone with connectors
Fans
• Honeywell with remote
• Holmes
Movies
•
Wonder of it all
•
Jack & the bean stalk
•
Brighty
•
The road to independence
•
Boy in the plastic bubble
•
Billy Elliot
•
Heidi
•
National Park Video Library
Contract of Sale
Page 24 of 31
• How to set limits for kids
• Teenage Mutant Ninja Turtles — Case of the killer pizzas
• Teenage Mutant Ninja Turtles — Michelangelo meets bug man
• Baby animals
• ET
• Horton Hears a who (Dr. Seuss)
• Tom & Jerry's cartoon cavalcade
• The Million dollar kid
• Mighty Ducks Disney
• Fly away home
• Chuckelwood school daze critters
• Clifford Fluffiest
• Teenage Mutant Ninja Turtles 11 Secret of the Ooze
• The living desert
• Dusty
• To grandmothers house we go
• The family life of animals
• Pool Table assembly made easy
• Teenage Mutant Ninja Turtles — Attach of the big mac
• The mask — Baby's wild ride
• White wilderness
• Xtra Lite beginners Yoga
• Tae Bo S minute workout
• Tae Bo Basic Work Out
• Tae Bo Advanced Workout
• Tae Bo Ultimate total body work out for men and women
• Tae Bo Instructional video
• Tae Bo Basic video
• Tae Bo Advanced video
• Tae Bo Impact intro
DVDs
•
Princesses Diaries
•
Dr. Dolittle
•
The Alamo
•
Pirates of the Caribbean
•
Grapes of Wrath
•
Coach Carter
Music Equipment
• Phillips 3 disc Stereo with black remote Serial Number
KY000319023394 and 2 speakers
• Radio Shack Multi -channel professional wireless lap microphone Serial
Number FCC ID AA032-1231A
• Radio Shack Multi -channel professional wireless microphone receiver —
3
• Serial Number (Connected to stereo) FCC ID AA032 233
Contract of Sale
Page 25 of 31
• Serial Number 0129708007
• Serial Number 0129708006
• Radio Shack MPA-46 PA Amplifier 35 watt Serial Number 970404517-
4A7
• Radio Shack 35 Watt Amplifier with Microphone mixer Serial Number
970403384A7
• Radio Shack PA110 Woofer Serial Number 01297080L0
Games
•
Topple/Jumpin' Monkeys
•
Tic Tac Throw
•
Pro Hockey
•
Mega Blocks Set
•
Bop It
•
Foot Game
•
Etch a Sketch
•
Jenga
•
Tumblin Towers
•
Boggle
•
Original Memory Game
•
Hands Down
•
Hungry Hippo
•
Don't Spill the Beans
•
Cooties
•
Ants in the pants
•
Mr. and Mrs. Potato Heads — 2
•
Perfection
•
Hot Potato
•
Connect Four
•
Chess/Backgammon/Checkers
•
Sorry
Contract of Sale
Page 26 of 31
Resolution No. 2006-A0214
May 11, 2006
EXHIBIT "C" Item No. 5.18
BILL OF SALE
STATE OF TEXAS §
COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS
The undersigned, Most Reverend Placido Rodriguez, Bishop of the Roman
Catholic Diocese of Lubbock, Texas (the "Grantor"), for and in consideration of the sum
of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to
Grantor in hand paid by the City of Lubbock, a Home Rule Municipal Corporation ("the
Grantee"), the receipt and sufficiency of which are hereby acknowledged, has
BARGAINED, SOLD and CONVEYED and by these presents, does BARGAIN, SELL
and CONVEY unto Grantee, all of Grantors' right, title, and interest to the personal
property located in or on Lots 12-16, inclusive, Block 5, RICHMOND SECOND
Addition to the City of Lubbock, Lubbock County, Texas, as depicted in that certain Map,
Plat or Dedication Deed thereof, recorded in Volume 26, Page 54, Deed Records,
Lubbock County, Texas, and described on Exhibit "A" attached hereto and incorporated
herein (the "Property").
TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the
Property unto said Grantee and Grantee's successors and assigns forever, so that neither
Grantor nor Grantor's successors and assigns shall have, claim or demand any right or
title to the Property.
Executed and effective this , day of
GRANTOR:
2006.
Most Reverend Placido Rodriguez,
Bishop of the Roman Catholic Diocese of
Lubbock, Texas
Contract of Sale
Page 27 of 31
I.
Resolution No. 2006-RO214
May 11, 2006
Item No. 5.18
EXHIBIT "A"
To Bill of Sale
Description of Personal Property Conveyed
A. The following items shall be deemed to comprise a portion of the Property, to
wit:
1. Blinds
2. Window shades
3. Wall to wall carpeting
4. Mirrors fixed in place
5. Built in security and fire detection equipment
6. Lighting and plumbing fixtures
7. Shrubbery
8. Existing HVAC System
9. All restroom fixtures
10. All other items not expressly described in Paragraph `B", hereof.
B. Notwithstanding, anything in this Contract to the contrary, the Seller shall retain,
and this Contact does not contemplate the sale of, the following items:
1. Any and all furniture not attached and/or affixed to the Property, unless
described above as comprising a portion of the Property.
2. The following inventory of the Youth Center will be available for the use of
Guadalupe/Parkway Neighborhood Center, but remains the property of Catholic
Family Services.
Chairs
• Maroon clothed seats — 20
• Black rolling seats — 2
• Brown rolling seats — 1
• Brown clothed seats - ?
• Stools — 2 green, 2 blue, 1 red
Computers
• Youth (Dell) Serial Number CN-opol51-64180-4C6-344B (2 Dell
speakers) Hard Drive Serial Number CN-OG8477-42940-0 I R1
• Youth2 (emachines) Serial Number MPF39 500 18825 (2 emachines
speakers) Hard Drive Serial Number OIV3A 007 00258
• Youth3 (NEG) Serial Number JC-1576VMA (2 creative speakers)
Hard Drive Serial Number
• Youth 4 (emachines) Serial Number MPF3A 500 78442 (2 emachines
speakers) Hard Drive Serial Number QIV3AO07 00116
• Youth5 (Dell) Serial Number CN-opo151-64180-4C6-3439 (2 dell
speakers) Hard Drive Serial Number CN-OG8477-42940-51I-01R1
• Youth6 (Dell) Serial Number CN-opol5l-64180-4C6-343F (2 dell
speakers) Hard Drive Serial Number CN-OG8477-42940-51I-01RO
Contract of Sale
Page 28 of 31
• Dell Wireless Broadband Router Serial Number DS/N TW-OG7251-
36210-52G-18XM
• Speed Stream ADSL Modem Serial Number MAC:000B23BA6A1B
• Linksys Modem Serial Number 143005987 AD08 AB
All computers come with all cords, connectors and mouse.
Couch
• Brown textured with 2 small blue pillows and 1 big junior mint pillow
Filing Cabinet
• Small tan cabinet
Tables
• Long white tables — 4
• Brown round — 1
• Wooden stands — 2
• Black erase board stand
Printer
• HP LaserJet 1320n Serial Number CNDC52209R
Rugs
• Big ones — 2
• Small ones — 2
Televisions
• Toshiba TV (grey) Serial Number 81641002B with remote and RCA
antenna
• Panasonic DVD (grey) Serial Number VB3AZ032091 with remote
• JVC VCR (black) Serial Number 098W2936
Trash Cans
• Big blue with top
• Small red missing top
• Small grey with top
Extras
• Pictures with frames — 14
• Fire Extinguishers — 2
• Max 2000 paper towel dispenser
• Room Dividers — 6 (2 of each color blue, green and purple)
• Ladder — 1 green (big)
• Wind Tunnel Vacuum (with attachments)
• Blue broom with 2 dust pans (blue)
• Yellow Mop
• Small Sanyo refrigerator
• First Aid Kit
• Bean Bags — 6
Contract of Sale
Page 29 of 31
• Extension Cords — 6
• AT&T 2.4 GHz Cordless Phone with connectors
Fans
• Honeywell with remote
• Holmes
Movies
• Wonder of it all
• Jack & the bean stalk
• Brighty
• The road to independence
• Boy in the plastic bubble
• Billy Elliot
• Heidi
• National Park Video Library
• How to set limits for kids
• Teenage Mutant Ninja Turtles — Case of the killer pizzas
• Teenage Mutant Ninja Turtles — Michelangelo meets bug man
• Baby animals
• ET
• Horton Hears a who (Dr. Seuss)
• Tom & Jerry's cartoon cavalcade
• The Million dollar kid
• Mighty Ducks Disney
• Fly away home
• Chuckelwood school daze critters
• Clifford Fluffiest
• Teenage Mutant Ninja Turtles II Secret of the Ooze
• The living desert
• Dusty
• To grandmothers house we go
- • The family life of animals
• Pool Table assembly made easy
• Teenage Mutant Ninja Turtles — Attach of the big mac
• The mask — Baby's wild ride
• White wilderness
• Xtra Lite beginners Yoga
• Tae Bo 8 minute workout
• Tae Bo Basic Work Out
• Tae Bo Advanced Workout
• Tae Bo Ultimate total body work out for men and women
• Tae Bo Instructional video
• Tae Bo Basic video
• Tae Bo Advanced video
• Tae Bo Impact intro
Contract of Sale
Page 30 of 31
DVDs
•
Princesses Diaries
•
Dr. Dolittle
•
The Alamo
•
Pirates of the Caribbean
•
Grapes of Wrath
•
Coach Carter
Music Equipment
• Phillips 3 disc Stereo with black remote Serial Number
KY000319023394 and 2 speakers
• Radio Shack Multi -channel professional wireless lap microphone Serial
Number FCC ID AA032-1231A
• Radio Shack Multi -channel professional wireless microphone receiver —
3
• Serial Number (Connected to stereo) FCC ID AA032 233
• Serial Number 0129708007
• Serial Number 0129708006
• Radio Shack MPA-46 PA Amplifier 35 watt Serial Number 970404517-
4A7
• Radio Shack 35 Watt Amplifier with Microphone mixer Serial Number
970403384A7
• Radio Shack PAl 10 Woofer Serial Number 01297080L0
Games
• Topple/Jumpin' Monkeys
• Tic Tac Throw
• Pro Hockey
• Mega Blocks Set
• Bop It
• Foot Game
• Etch a Sketch
• Jenga
• Tumblin Towers
• Boggle
• Original Memory Game
• Hands Down
• Hungry Hippo
• Don't Spill the Beans
• Cooties
• Ants in the pants
• Mr. and Mrs. Potato Heads — 2
• Perfection
• Hot Potato
• Connect Four
• Chess/Backgammon/Checkers
• Sorry
Contract of Sale
Page 31 of 31