HomeMy WebLinkAboutResolution - 2004-R0517 - Contract Of Sale - George Holland - 10_28_2004Resolution No. 2004-RO517
October 28, 2004
Item No. 17
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
between the City of Lubbock, Seller, and George Holland, Buyer, and any other
related documents. The Contract of Sale provides for the purchase of property
described as 1515 Avenue O, 1517 Avenue O, and 1519 Avenue O, Original Town
Addition to the City of Lubbock. 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 28th day of October , 2004.
ATTEST:
Retie Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agen
APPROVED AS TO FORM:
Richard K. Casner
First Assistant City Attorney
ke/ccdocs/Contract of Sale. Holland George.Reso
September 20, 2004
ITS #04-139/RS, Sale of City of Lubbock Real Estate
Located at 1515, 1517, and 1519 Avenue O
CONTRACT FOR SALE Resolution No. 2004-RO517
October 28, 2004
Item No. 17
THIS CONTRACT, effective as of October 11, 2004 (the "Effective Date"), is made by and
between George Holland (the "Buyer"), and the City of Lubbock, a Texas Home Rule Municipal
Corporation (the "Seller").
WITNESSETH:
WHEREAS, Seller owns three tracts of land located in Lubbock County, Texas, being described
on Exhibit "A" attached hereto (the "Land"); and
WHEREAS, Seller desires to sell and convey the Land, the rights appurtenant to the Land, and
the fixtures affixed to the Land (collectively, the "Property") to Buyer.
ARTICLE I
SALE AND PURCHASE
Section 1.1. Subject to the terms and conditions of this Contract, Seller shall sell and Buyer
shall purchase and pay for, on October 11, 2004, or at such time thereafter as the Seller may direct
(the "Closing Date"), without warranty, either expressed or implied, the Property.
ARTICLE II
PURCHASE PRICE
Section 2.1. Purchase Price. The Purchase Price (herein so called) to be paid by Buyer to
Seller for the Property shall be One Thousand One Hundred Sixty Three and 29/100 ($1,163.29) Dollars.
Section 2.2. Payment of Purchase Price. The Purchase Price shall be payable to Seller, in
cash or other immediately available funds, at the Closing Date.
ARTICLE III
INDEPENDENT INVESTIGATION AND DISCLAIMER
Section 3.1. Independent Evaluation. Buyer has made an independent inspection and
evaluation of the Property and the title to same and acknowledges that Seller, except as provided in
the Contract Documents, as defined below, has made no statements or representations concerning the
present or future value of the Property, the state of the title to the Property, the condition, including
the environmental condition of the Property, or the anticipated income, costs, or profits, if any, to be
derived from the Property. FURTHER, SELLER MAKES NO REPRESENTATION OR WARRANTY
WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO THE
DESCRIPTION, TITLE, INCLUDING, WITHOUT LIMITATION, TO THE EXISTENCE OF LIENS AGAINST THE
PROPERTY, THE VALUE, QUALITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY
AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY AND/OR IMPROVEMENTS
LOCATED THEREON, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, MERCHANTABILITY,
OR FITNESS FOR PURPOSE OF ANY OF THE PROPERTY. Buyer further acknowledges that, in entering into
this Contract, he/she/it has relied solely upon his/her/its independent evaluation and examination of
the Property and public records relating to the Property and the independent estimates, computations,
evaluations and studies based thereon. Setter makes no warranty or representation as to the accuracy,
completeness or usefulness of any information furnished to Buyer, if any, whether furnished by Seller or
any other third party. Seller, its officers, employees, elected officials and agents assume no liability
for the accuracy, completeness or usefulness of the material furnished by the Setter, or any of its
04-139/RS-04RS ITBS aleRE.doc
ITB #04-139/RS, Sale of City of Lubbock Real Estate
Located at 1515, 1517, and 1519 Avenue O
officers, employees, elected officials and/or agents, if any, and/or any other person or party. Reliance
on any material so furnished shall not give rise to any cause, claim or action against Seller, its officers,
employees, elected officials and/or agents, and any such reliance shall be at Buyer's sole risk.
Section 3.2. Disclaimer -No Warranty, Expressed or Implied. THE CONVEYANCE OF THE
PROPERTY SHALL BE ON A '"WHERE IS", "AS IS" AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT
REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESSED, STATUTORY OR IMPLIED, INCLUDING, BUT
WITHOUT LIMITATION, AS TO TITLE, INCLUDING, BUT NOT LIMITED TO THE EXISTENCE OF LIENS AGAINST
THE PROPERTY, THE DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY
AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY AND/OR IMPROVEMENTS
LOCATED THEREON, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, QUALITY, VALUE,
FITNESS FOR PURPOSE, MERCHANTABILITY, OR OTHERWISE. Buyer has satisfied hisself/herself/itself, as
to the title, type, condition, quality and extent of the property and property interests which comprise
the Property he/she/it is receiving pursuant to this Contract.
ARTICLE IV
REPRESENTATIONS, WARRANTIES
AND COVENANTS OF BUYER
Section 4.1. Representations. Warranties and Covenants of Buyer. To induce Seller to enter
into this Contract and to consummate the sale and purchase of the Property in accordance herewith,
Buyer represents and warrants to Seller, as of the Closing Date, that:
(a) Buyer has the full right, power and authority to purchase the Property from Seller as
provided in this Contract and to carry out all of Buyer's obligations under this Contract,
and all requisite action necessary to authorize Buyer to enter into this Contract and to
carry out Buyer's obligations hereunder have been, or on or before the Closing Date,
will have been taken.
(b) Buyer hereby acknowledges that Buyer has been advised by Seller that it should
conduct, and Buyer acknowledges, and represents and warrants to Seller, that it has
conducted all investigation activities described herein.
(c) Buyer 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
any other fee or fees payable to any other party with respect to the transaction
contemplated in this Contract.
(d) Buyer shall comply with all applicable federal, state and local laws, statutes,
ordinances, rules and regulations relating, in any way, manner or form, to any aspect of
the transaction contemplated by this Contract.
Section 4.2. Survival Beyond Closing. The representations, warranties and covenants of
Buyer contained in this Contract, as set forth in this Article IV shall survive the Closing.
ARTICLE V
INDEMNITY AND RELEASE
Section 5.1. Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, BUYER RELEASES AND
SHALL INDEMNIFY AND HOLD HARMLESS SELLER, AND SELLER'S RESPECTIVE OFFICERS, EMPLOYEES,
ELECTED OFFICIALS AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS WHICH ARISE DIRECTLY OR
INDIRECTLY, OR ARE RELATED, IN ANY WAY, MANNER OR FORM, TO THE TRANSACTIONS AND ACTIVITIES
CONTEMPLATED HEREUNDER, THE OMISSION OF THE TRANSACTIONS AND ACTIVITIES HEREUNDER, OR
04-139/RS-04RSITBSaIeRE.doc 2
ITB #04-139/RS, Safe of City of Lubbock Real Estate
Located at 1515, 1517, and 1519 Avenue O
CAUSED BY, CONNECTED WITH, OR RELATED TO THE PRESENCE, DISPOSAL, OR RELEASE OF ANY
MATERIAL OF ANY KIND INCLUDING, WITHOUT LIMITATION, HAZARDOUS SUBSTANCES, AS DEFINED IN THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (42 U.S.C.S.
59601(14)), AND THE REGULATIONS PROMULGATED THEREUNDER, AS EACH OF SAME MAY BE AMENDED,
PETROLEUM AND PETROLEUM PRODUCTS AND BYPRODUCTS AND/OR ASBESTOS IN ANY FORM, FROM OR
UPON THE PROPERTY AT THE TIME IT IS CONVEYED TO BUYER OR THEREAFTER, EVEN THOUGH ANY OF
THE ABOVE ARE CAUSED, OR CONTRIBUTED TO, BY THE NEGLIGENCE OR FAULT OF SELLER, ITS
RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS. THE BUYER FURTHER
COVENANTS AND AGREES TO DEFEND ANY SUITS OR ADMINISTRATIVE PROCEEDINGS BROUGHT AGAINST
THE SELLER, AND/OR THE SELLER'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR
AGENTS ON ACCOUNT OF ANY SUCH CLAIM, AND TO PAY OR DISCHARGE THE FULL AMOUNT OR
OBLIGATION OF ANY SUCH CLAIM INCURRED BY, ACCRUING TO, OR IMPOSED ON THE SELLER, THE
SELLER'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE,
RESULTING FROM ANY SUCH SUITS, CLAIMS AND/OR ADMINISTRATIVE PROCEEDINGS OR ANY MATTERS
RESULTING FROM THE SETTLEMENT OR RESOLUTION OF SAID SUITS, CLAIMS, AND/OR ADMINISTRATIVE
PROCEEDINGS. IN ADDITION, THE BUYER SHALL PAY TO THE SELLER, THE SELLER'S RESPECTIVE
OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE, ALL ATTORNEYS' FEES
INCURRED BY SUCH PARTIES.
Section 5.2. Survival Beyond Closing. The indemnity provisions contained in this Contract,
as set forth in this Article V, shall survive the Closing.
ARTICLE VI
EARNEST MONEY
Section 6.1 Earnest Money. Buyer shall deposit ten percent (10%) of the Purchase Price, as
Earnest Money (herein so called), in cash or cashier's check, with Victor Kilman, P. 0. Box 2000,
Lubbock, Texas 79457, (806) 775-2352, upon execution of this Contract by Buyer. In the event Buyer
shall not be awarded the bid for the purchase of the Property, the Earnest Money shall be returned to
the Buyer, upon Buyer's execution of a release satisfactory in form and substance to Seller, on or
before ten (10) business days after the awarding of the successful bid. Seller shall be deemed to have
offered to return the Earnest Money deposit upon contacting Buyer at the address and/or phone number
set forth in the Bid Form described in Section 11.01, below.
ARTICLE VII
CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE
Section 7.1. Breach of Buyer's Representations, Warranties and Covenants. Seller is not
obligated to perform under this Contract unless all of the representations, warranties, covenants and
agreements of Buyer set forth in this Contract are true and correct in all material respects as of the
Closing Date.
ARTICLE VIII
CLOSING
Section 8.1. Place of Closing. The Closing (herein so called) shall take place on the Closing
Date in the offices of the City of Lubbock, Office of the Right -of -Way Agent, Ed Bucy, 1625 13th Street,
Lubbock, Texas.
Section 8.2. Closing.
(a) Items to be Delivered at Closing - Seller. At Closing, Seller shall deliver to Buyer, at its
sole cost and expense, the following item:
04-139/RS-04RSITBSaleRE.doc 3
ITB #04-139/RS, Sale of City of Lubbock Real Estate
Located at 1515, 1517, and 1519 Avenue O
(i) A Deed Without Warranty, in the form attached hereto as Exhibit "B", duly
executed by Seller and acknowledged. Buyer shall be responsible for any and
all costs associated with the recording of said Deed Without Warranty.
(b) Items to be Delivered at Closing - Buyer. At Closing, Buyer shall deliver to the Seller
the following items:
(i) the cash sum required by Section 2.1;
(ii) A Deed Without Warranty, in the form attached as Exhibit "B", duly executed
by Buyer and acknowledged;
(iii) any other items reasonably requested by the Seller as administrative
requirements for consummating the Closing.
Section 8.3. Responsibilities of Buyer. Notwithstanding anything to the contrary herein, this
Section 8.3 shall survive the Closing. Buyer shall be solely responsible for the following items:
(a) Ad valorem taxes relating to the Property for the calendar years prior to the year in
which the Closing shall occur, if any, shall be the sole responsibility of, and shall be paid by Buyer, at
Closing. Further, all ad valorem taxes relating to the Property for the calendar year in which the
Closing shall occur, if any, shall be the sole responsibility of Buyer and Buyer shall promptly pay such ad
valorem taxes when same become due and owing.
ARTICLE IX
DEFAULTS AND REMEDIES
Section 9.1. Seller's Default; Buyer's Remedies.
(a) Seller's Defaults. Seller is in default under this Contract if Seller fails to meet, comply
with, or perform in any material respect any obligation on Seller's part required herein within the time
limits and in the manner required by this Contract.
(b) Buyer's Remedies. If Seller is in default hereunder, Buyer may, as Buyer's sole and
exclusive remedy, terminate this Contract and, following the expiration of five (5) calendar days after
written notice is delivered to Seller, receive the Earnest Money as liquidated damages.
Section 9.2 Buyer's Default; Seller's Remedies.
(a) Buyer's Defaults. Buyer is in default under this Contract if Buyer fails to:
(i) meet, comply with, or perform in any material respect, any obligation on
Buyer's part required herein within the time limit and in the manner required
by this Contract.
(b) Seller's Remedies, If Buyer is in default under this Contract, Seller may terminate this
Contract and retain the Earnest Money and bring an action for specific performance or damages, and
pursue any other remedy available to Seller at law, in equity and under the terms of this Contract. The
exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other
right or remedy and all rights and remedies shall be cumulative.
04-139/RS-04RSITBSaleRE.doc 4
ITB #04-139/RS, Sale of City of Lubbock Real Estate
Located at 1515, 1517, and 1519 Avenue 0
ARTICLE X
NOTICE
Section 10.01. Notice. Whenever notice from Buyer to Seller or from Seller to Buyer is
required or permitted by this Contract and no other method of notice is provided, such notice shall be
given by (i) actual delivery of the written notice to the other party by hand or telephone facsimile (in
which case such notice shall be effective upon delivery); or (ii) by depositing the written notice in the
United States mail, postage prepaid, properly addressed to the other party at the address provided in
this article, registered or certified mail, return receipt requested, in which case such notice shall be
effective on the third business day after such notice is so deposited.
are:
are:
Section 10.02. Seller's Address. The Seller's address and numbers for the purpose of notice
SELLER: CITY OF LUBBOCK
Ed Bucy
Right -of -Way Agent
P. 0. Box 2000
Lubbock, Texas 79457
(806) 775-2352
Section 10.03. Buyer's Address. The Buyer's address and numbers for the purpose of notice
BUYER: George Holland
5710 80th Street
Lubbock, Texas 79424
(806) 798-2366 (Telephone Number)
(806) 798-2780 (Telephone Facsimile Number)
ARTICLE XI
MISCELLANEOUS
Section 11.01. Entire Agreement. This Contract, including all exhibits and parts hereof,
including the Invitation to Bid, Bid Form and General Conditions relating to Invitation to Bid Number 04-
139-RS hereto (the "Contract Documents"), contain the entire agreement between the Setter and
Buyer, and there are no other written or oral promises, conditions, warranties, or representations
relating to or effecting the matters contemplated herein.
Section 11.02. Amendment. No amendment, modification, or alteration of the terms of this
Contract shall be binding unless such amendment, modification, or alteration is in writing, dated
subsequent to the date of this Contract, and duly executed by the Seller and Buyer.
Section 11.03. Construction and Venue. THIS CONTRACT AND THE TRANSACTIONS
CONTEMPLATED HEREIN SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF
THE STATE OF TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE
JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR
PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
TRANSACTIONS AND ACTIVITIES CONTEMPLATED HEREBY.
04-139/RS-04RS ITBSaleRE.doc
ITB #04-139/RS, Sale of City of Lubbock Real Estate
Located at 1515, 1517, and 1519 Avenue O
Section 11.04. Severability. If any provision, or part thereof, of this Contract is ever held to
be invalid or ineffective by any court of competent jurisdiction with respect to any person or
circumstance, the remainder of this Contract and the application of such provision to persons and/or
circumstances other than those with respect to which it is held invalid or ineffective shall not be
affected thereby.
Section 11.05. Successors and Assigns. This Contract binds and inures to the benefit of the
Seller and Buyer, and to Seller's, and to the extent permitted, Buyer's, respective successors, legal
representatives, heirs, devisees and assigns.
Section 11.06. Risk of Loss. If any part of the Property is materially damaged or destroyed by
fire or other casualty loss, Buyer may either (i) terminate this Contract, provided that notice of
termination is given by Buyer to Seller, as provided herein, on or before the Date of Closing; or (ii)
accept the Property in its damaged condition and close the transaction contemplated by this Contract.
Section 11.07. Attorney's Fees. If either party hereto shall be required to utilize an attorney
to enforce or defend the rights of such party hereunder, the prevailing party shall be entitled to
recover its reasonable attorney's fees. Except as otherwise provided herein, each party hereto shall be
solely responsible for all expenses, including but not limited to attorney's fees, incurred by him or her,
in connection with the Contract and the transaction contemplated hereby.
Section 11.08. Captions. The captions of articles and sections in this Contract are inserted in
this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall
not be given any affect in construing this Contract.
Section 11.09. Incorporation of Contract Documents. The terms and provisions of the Contract
Documents are hereby incorporated into this Contract for Sale for all intents and purposes.
EXECUTED this 11th day of October, 2004.
BUYER: SELLER: CITY OF LU CK
MAY
BY:
ATTEST:
TITLE:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
APPROVED AS T FO
t
Richard K. Casner
First Assistant City Attorney
04-139/RS-04RSITBSaleRE.doc 6
ITB #04-139/RS, Sale of City of Lubbock Real Estate
Located at 1515, 1517, and 1519 Avenue O
Resolution No. 2004-RO517
EXHIBIT "A" October 28, 2004
Item No. 17
REAL PROPERTY DESCRIPTION
1515 Avenue 0, Lot eight (8) Block One Hundred Seventy -Six (176), Original Town Addition to the City
of Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication deed thereof,
recorded in Volume 5, Page 386, Deed Records, Lubbock County, Texas.
1517 Avenue 0, Lot nine (9) Block One Hundred Seventy -Six (176), Original Town Addition to the City of
Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication deed thereof, recorded
in Volume 5, Page 386, Deed Records, Lubbock County, Texas.
1519 Avenue 0, Lot ten (10) Block One Hundred Seventy -Six (176), Original Town Addition to the City of
Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication deed thereof, recorded
in Volume 5, Page 386, Deed Records, Lubbock County, Texas.
04-139/RS-04RS ITBSaleRE.doc 7
EXHIBIT «B»TB #04-139/RS, Sale of City of Lubbock Real Estate
�J Located at 1515, 1517, and 1519 Avenue O
Resolution No. 2004-RO517
DEED WITHOUT WARRANTY October 28, 2004
Item No. 17
DATE: October 11, 2004
GRANTOR: City of Lubbock, Texas
GRANTOR'S MAILING ADDRESS
P.O. Box 2000
Lubbock, TX 79457
GRANTEE: George Holland
GRANTEE'S MAILING ADDRESS
5710 8dh Street
Lubbock, Texas 74924
CONSIDERATION:
TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration.
PROPERTY (INCLUDING ANY IMPROVEMENTS):
The real property described on Exhibit 'W', attached hereto and incorporated herein.
REPRESENTATIONS AND WARRANTIES OF GRANTEE:
Grantee represents and warrants to Grantor that he has made an independent inspection and
evaluation of the Property and the title to same and acknowledges that Grantor has made no statements
or representations concerning the present or future value of the Property, the state of title of the Property,
the condition, including the environmental condition of the Property, or the anticipated income, costs, or
profits, if any, to be derived from the Property.
FURTHER, GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES
WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION,
AS TO THE DESCRIPTION, TITLE, INCLUDING WITHOUT LIMITATION, THE EXISTENCE OF LIENS
AGAINST THE PROPERTY, THE VALUE, QUALITY, PHYSICAL AND ENVIRONMENTAL CONDITION
OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE
04-139/RS-04RSITBSafeRE.doc 8
ITB #t04-139/RS, Sale of City of Lubbock Real Estate
Located at 1515, 1517, and 1519 Avenue O
PROPERTY AND/OR IMPROVEMENTS LOCATED THEREON, THE NATURE OF THE PAST OR
HISTORIC USE OF THE PROPERTY, MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF
THE PROPERTY. Grantee further acknowledges that, in accepting this Deed Without Warranty, he has
relied solely upon his independent evaluation and examination of the Property, and public records relating to
the Property and the independent estimates, computations, evaluations and studies based thereon.
Grantor makes no warranty or representation as to the accuracy, completeness or usefulness of any
information furnished to Grantee, if any, whether furnished by Grantor or any other third party. Grantor, his
officers, employees, elected officials, independent contractors, and agents assume no liability for the
accuracy, completeness or usefulness of any material furnished by Grantor, or any of his officers,
employees, elected officials, independent contractors and/or agents, if any, and/or any other person or
party. Reliance on any material so furnished shall not give rise to any cause, claim or action against
Grantor, his officers, employees, elected officials, independent contractors and/or agents, and any such
reliance shall be at Grantee's sole risk.
THE CONVEYANCE OF THE PROPERTY SHALL BE ON A "WHERE IS", "AS IS", AND "WITH
ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR WARRANTY WHATSOEVER,
EXPRESSED, STATUTORY OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO TITLE,
INCLUDING, BUT NOT LIMITED TO THE EXISTENCE OF LIENS AGAINST THE PROPERTY, THE
DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR
MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY AND/OR
IMPROVEMENTS LOCATED THEREON, THE NATURE OF THE PAST OR HISTORIC USE OF THE
PROPERTY, QUALITY, VALUE, FITNESS FOR PURPOSE, MERCHANTABILITY OR OTHERWISE.
Grantee has satisfied himself as to the title, type, condition, quality and extent of the property and property
interests which comprise the Property he is receiving pursuant to this Deed Without Warranty.
Grantor, for the consideration and subject to the reservations and exceptions to conveyance,
grants, sells, and conveys to Grantee the Property, to have and to hold it to Grantee and Grantee's
successors and assigns forever, without warranty, express or implied, statutory or otherwise, and all
warranties that might arise by common law and the warranties created by Section 5.023 of the Texas
Property Code (and all amendments and successors thereto) are expressly excluded.
04-139/RS-04RSITBSaleRE.doc 9
EXECUTED THIS 11TH DAY OF OCTOBER, 2004.
ATTEST:
Rebefcca Garza, City Secretary �—�
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Richard K. Casner
First Assistant City Attorney
ITS #04-139/RS, Sale of City of Lubbock Real Estate
Located at 1515, 1517, and 1519 Avenue O
GRANTOR:
CITY OF ILL
MCWVGAL, MAYOR
GRANTEE: /J
By: _
Name:
Title:
04-139/RS-04RSITBSaleRE.doe 10
EXHIBIT "A"
REAL PROPERTY DESCRIPTION
Resolution No. 2004-RO517
October 28, 2004
Item No. 17
1515 Avenue 0, Lot eight (8) Block One Hundred Seventy -Six (176), Original Town Addition to
the City of Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication
deed thereof, recorded in Volume 5, Page 386, Deed Records, Lubbock County, Texas.
1517 Avenue 0, Lot nine (9) Block One Hundred Seventy -Six (176), Original Town Addition to
the City of Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication
deed thereof, recorded in Volume 5, Page 386, Deed Records, Lubbock County, Texas.
1519 Avenue 0, Lot ten (10) Block One Hundred Seventy -Six (176), Original Town Addition to
the City of Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication
deed thereof, recorded in Volume 5, Page 386, Deed Records, Lubbock County, Texas.
11
SUBMIT TO:
CITY OF LUBBOCK
CITY OF LUBBOCK, TEXAS
PURCHASING DEPARTMENTift
1625 13T" STREET, RM L04
LUBBOCK, TX 79401-3830
AN EQUAL
OPPORTUNITY
INVITATION TO BID
#04-13 9/RS
CONTACT PERSON:
Ron Shuffield, Senior Buyer
EMPLOYER
TEL:806.775.2167
FAX:806.775.2164
http: / /purchasing.ci.lubbock.tx.0
s
TITLE:
SUBMITTAL DEADLINE:
Sale of City of Lubbock Real Estate located at 1515,
1517,
August 26, 2004, 3:00 p.m. CST
and 1519 Avenue O, Lubbock, Texas.
PRE BID DATE, TIME AND LOCATION:
Any bids received after the time and date listed
DELETED
above, reVrdiess of the made of delivery, shall be
returned unopened.
RESPONDENT NAME:
CEC G� Ile,, �
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB
%1 o tL
NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY
NAME AND ADDRESS.
IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE
"STATEMENT OF NO BID".
MAILING ADDRESS:
CITY - STATE - ZIP, % �f r —
C— ,416 cz-A. 7?. —7 S`>!Z_1/
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY
AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE
COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO
ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE
TELEPHONE N0: _ ��
iG 71
CITY.
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS
REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY
FAX NO:
YC� 1 1S r�� C1
TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY
LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF,
E-MAIL:
INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS
ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN
WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER
FEDERAL TAX ID NO. OR SOCIAL SECURITY NO.
THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE.
THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA:
r A�2 #34 /#5 (Please Initial)
The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the
municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or
employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm? YES NO
IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND
BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING 810 FOR PURCHASING THE ITEMS LISTED ON THE
ATTACHED BID FORM AND AGREES TO RECEIVE SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORMA. AN
INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN
BID REJECTION.
By my signature 1 certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business
entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without
collusion or f
Authorized Signature
Print/Type Name
—
Title l
Date (�
088-04RSrrBSaleRE.doc
CITY OF LUBBOCK, TEXAS
BID FORM
Sale of City of Lubbock Owned Property
Located at 1515, 1517, and 1519 Avenue 0, Lubbock, Texas
ITB N04-139/RS
BIDDER'S submittal to the Purchasing Manager of the City of Lubbock, Texas.
IN COMPLIANCE WITH THIS SOLICITATION AND TO ALL CONDITIONS IMPOSED HEREIN, THE UNDERSIGNED AGREES TO EXECUTE THE
CONTRACT AS A RESULT OF THIS SOLICIATION. THE FOLLOVANG SECTION SHALL BE SIGNED BY AN AGENT AUTHORIZED TO BIND THE
BIDDER. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION.
ITEM
DESCRIPTION
PRICE BID
1.
Sale of City Owned Property located at:
`
$
1515, 1517, and 1519 Avenue 0. Lots will be sold "All or None".
l
Lubbock, Texas
Legal Description: Lots eight (8), nine (9), and ten (10), Block One Hundred Sixty
` f f�C �� `Z ✓. L �� C
Seven, Original Town Addition to the City of Lubbock, Lubbock County, Texas.
L
Q
Property will be sold "as is" without expressed or implied warranties. Buyer will be responsible
S t +t le e
for delinquent taxes, liens, and or environmental concerns, if any, due on this property. The
city will sell this property to the highest bidder and conveyance will be through a quitclaim
deed.
Bidder shall complete and execute the attached Contract of Sale and submit same along with (1) the Earnest Money described
in Section 6.1 of the Contract for Sale; and (11) the duly executed Bid Form, to the Purchasing Manager of the City of
Lubbock.
PAYMENT TERMS: The date on which payment is due in full shall be upon the Closing Date set forth in the Contract for Sale
attached hereto, or at such time thereafter as the City may direct, after notification of bid award. The City reserves the
right to withdraw any property from the sale process at any
/time.
THIS BID IS SUBMITTED BY < < ' LT / ' �— a corporation organized under the laws
of the State of _ _, or a partnership consisting of or
individual' M- T C C of the City of
Firm:
c e�_
City: C��� E Cr' C / F�fi 4 5 State:_ '! Zip -7 71l f
Date:
Authorized Representative - must sign by hand
Name and Ti
Please Print
Telephone Number.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITS NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
0MG4RSITBSaIeRE.doc
GENERAL BID CONDITIONS
READ CAREFULLY:
INSTRUCTIONS: These instructions apply to all bids and become a part of the terms and conditions of any bid
submitted.
The City shall mean the City of Lubbock.
Forms: Bids must be submitted on the forms provided (Bid Form and Contract for Sale) only and must be signed.
Bid Returns: Sealed bids will be received no later than 3:00 p.m. CST, August 26, 2004, if date/time stamped on
or before 3:00 p.m. at the office listed below. Any bid received after the date and hour specified will be
rejected and returned unopened to the bidder. Each bid must be sealed in an envelope clearly marked with "Bid
Enclosed #04-139/RS, Sale of City Owned Property Located At 1515, 1517, and 1519 Avenue 0, Lubbock,
Texas" and addressed to City of Lubbock, Purchasing Office, P.O. Box 2000, Lubbock, TX, 79457.
Earnest Money: Bidder must complete and execute the attached Contract of Sale and submit same along with (i)
the Earnest Money described in Section 6.1 of the Contract for Sale; and (ii) the duly executed Bid Form, to the
Purchasing Manager of the City of Lubbock. In the event Bidder shall not be awarded the bid for the purchase of
the property, the earnest money shall be returned to the bidder, upon bidder's execution of a release
satisfactory in form and substance to the City, on or before ten (10) business days after the awarding of the
successful bid.
Late Bids: Bids must be in the Purchasing Office prior to the Bid Closing Date and time. NO LATE BIDS WILL BE
ACCEPTED for any reason.
Facsimile Bids: THE CITY WILL NOT ACCEPT FAX BIDS.
Acceptance: The right is reserved to accept or reject any or all of the bids, waive minor technicalities and to
accept the offer most advantageous to the City of Lubbock in its sole discretion. The City of Lubbock reserves
the right to accept or reject all or part of an offer and to accept the offer the City considers the most
advantageous to the City. Alternates are acceptable if in the City's opinion the necessary requirements are met.
Authorized Signature: By signing and executing this bid, the bidder certifies and represents to the City the
bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the
receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or
any other exercise of discretion concerning this bid. Bids must show bidder name and address of bidder and be
manually signed. Failure to do so will disqualify bid. Person signing bid for a business must show title or
AUTHORITY TO BIND HIS FIRM IN A CONTRACT.
Withdrawal - Alteration of Bids: Bids CANNOT be withdrawn, altered or amended after the Bid Closing Date.
Alteration made before the Bid Closing Date must be initiated by bidder guaranteeing authenticity.
Bid Evaluation: All bids are evaluated for compliance with specifications before the bid price is considered.
Response to specifications is primary in determining the best low bid. Failure to comply with the listed General
Bid Conditions may result in disqualification of bid.
Acknowledgment of Amendments: Any changes, additions, or clarifications to bid requests are made by bid
amendments (addenda). These addenda are sent to all bidders on our vendor register, and must be
acknowledged upon receipt. This is done by signing the addendum, and returning it with the completed Request
for Bid form when the sealed bid is submitted.
Partial Awards: Unless the bid document specifies otherwise, the City may award a contract for any item or
group of items shown on the bid request.
4
086-04RSITBSaIeRE.doc
Minority and Women Business Enterprise: Minority and Women Business Enterprises (M/WBE's) will be afforded
equal opportunities to submit bids in response to this invitation and will not be discriminated against on the
grounds of race, color, sex, or national origin in consideration for an award.
Persons With Disabilities Needing Assistance: The City of Lubbock does not discriminate against persons with
disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of
disability. If you would like bid information made available in a more accessible format or if you require
assistance, please contact the City of Lubbock ADA Coordinator, 1625 13th Street, (806)775-2018 at least 48 hours
in advance of the meeting.
Gratuities: The City may, by written notice to the Bidder, cancel the Contract without liability to Bidder if it is
determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by
the Bidder, or any agent or representative of the Bidder, to any officer or employee of the City of Lubbock with a
view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or
the making of any determinations with respect to the performing of such a contract. In the event this Contract is
canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and
remedies, to recover or withhold the amount of the cost incurred by Bidder in providing such gratuities.
Warran : The Bidder warrants that no person agency has been employed or retained to solicit or secure this Bid
upon an agreement or understanding for commission, percentage brokerage, or contingent fee excepting bona
fide employees of bona fide established commercial or selling agencies maintained by the Bidder for the purpose
of securing business. For breach or violation of this warranty the City shall have the right in addition to any other
right or rights to cancel the Contract without liability and to deduct from the Contract price, or otherwise
recover the full amount of such claimed commission, percentage, brokerage, or contingent fee.
Termination: The Contract may be terminated in whole, or in part, by the City at its sole discretion.
Force Maieure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any
terms of provisions of the Contract is delayed or prevented by strike, walkouts, acts of God, or public enemy,
fire, or flood.
Assignment -Delegation: No right or interest in the Contract shall be assigned by Bidder without the written
permission of the City. Any attempted assignment by Bidder shall be wholly void and totally ineffective for all
purposes unless made in conformity with this paragraph.
Waiver: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is
in writing signed by the aggrieved party.
Interpretation -Parole Evidence: This writing, plus any specifications for bids and performance provided by the
City in its advertisement for bids and any other document provided by Bidder as part of his bid, is intended by the
parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the
terms of their agreement.
Applicable Law: The Contract shall be governed by and construed under Texas law, and all obligations created
under this Contract are performable in Lubbock County, Texas.
Right To Assurance: Whenever one party to the Contract in good faith has reason to question the other party's
intent to perform he may demand that the other party give written assurance of this intent to perform. In the
event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this
failure as an anticipatory repudiation of the Contract.
Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the
Contract.
61
086-04RSrrBSa1eR E.doc