HomeMy WebLinkAboutResolution - 2017-R0411 - Real Estate Sales Contract With Wilkerson Investment Company - 11_02_2017Resolution No. 2017-RO411
Item No. 6.9
November 12, 2017
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and
on behalf of the City of Lubbock, a Real Estate Sales Contract, by and between the City of
Lubbock and Wilkerson Investment Company of Lubbock, Texas, and related documents.
Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council on November 12, 2017
DANIEL M. POPE, MAYOR
ATTEST:
APPROVED AS TO CONT)ENT:
Mark Yearwood, Assistant City Mana r
APPROVED AS TO FORM:
Ryan ooke, Assistant City Attorney
RES. Real Estate Sales Contract — Wilkerson Investment Company
10.27.17
Resolution No. 2017-RO411
REAL ESTATE SALES CONTRACT
This Real Estate Contract (the "Contract") to buy and sell real and personal property is between Seller and Buyer, as
identified below, and is effective on the date of the last of the signatures by Seller and Buyer as parties to this contract.
PARTIES
Seller: Wilkerson Investment Company
Address: P.O. Box 2525, Lubbock, Texas, 79409
Phone: 806.745.3611
Buyer: City of Lubbock, Texas
Address: P.O. Box 2000, Lubbock, Texas 79457
Phone: 806.775.2003
Property:
This property is commonly described as 1215 131h Street, Lubbock, Lubbock County, Texas, and legally described
as the West 75 feet of Lots One (1), Two (2), Three (3), Four (4), Five (5), and Six (6), Block One Hundred Forty -
Seven (147), Original Town of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication
Deed thereof recorded in Volume 2769, page 162 of the Deed Records of Lubbock County, Texas; and
1218 14th Street, Lubbock, Lubbock County, Texas, and legally described as Lots Seven (7), Eight (8), Nine (9),
and Ten (10), Block One Hundred Forty -Seven (147), Original Town of Lubbock, Lubbock County, Texas,
according to the Map, Plat and/or Dedication Deed thereof recorded in Volume 2769, page 162 of the Deed Records
of Lubbock County, Texas; and
1415 Avenue L, Lubbock, Lubbock County, Texas, and legally described as Lots Six (6), Seven (7), Eight (8), Nine
(9), and Ten (10), Block One Hundred Sixty -Three (163), Original Town of Lubbock, Lubbock County, Texas,
according to the Map, Plat and/or Dedication Deed thereof recorded in Volume 2769, page 162 of the Deed Records
of Lubbock County, Texas; and
1408 Avenue L, Lubbock, Lubbock County, Texas, and legally described as Lots Fifteen (15), Sixteen (16),
Seventeen (17), Eighteen (18), Nineteen (19), and Twenty (20), Block One Hundred Sixty -Two (162), Original
Town of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded in
Volume 2769, page 162 of the Deed Records of Lubbock County, Texas; and
1210 1511 Street, Lubbock, Lubbock County, Texas, and legally described as Lots Eleven (11), Twelve (12), and the
South 8 feet of Lot Thirteen (13), Block One Hundred Sixty -Three (163), Original Town of Lubbock, Lubbock
County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded in Volume 6431, page 14 of
the Deed Records of Lubbock County, Texas; and
the property being further described in Exhibit A attached hereto (the "Land"), together with all of the following:
A. All improvements and fixtures owned by Seller and located on the Land, including, without limitation,
all buildings, structures, facilities, plumbing, air conditioning, heating, ventilating, mechanical, electrical
and other utility systems, parking lots and other improvements of every kind and description in, on, over
and under the Land (collectively, the "Improvements");
B. All of Seller's right, title and interest in and to (i) all leases and other occupancy agreements (collectively,
the "Leases") between Seller and third parties (collectively, the "Tenants" and individually, a "Tenant")
relating to the Land or the Improvements, together with all prepaid rents and security deposits made by
the Tenants under the Leases and not refunded or applied prior to Closing as provided in the Leases, (ii)
to the extent assignable, all of the following to the extent they relate to the ownership, use, leasing,
maintenance, service or operation of the Land or the Improvements: (a) written agreements which are
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contractually binding on the Property or Seller's successors and assigns in the ownership of the Property
(the "Service Contracts"), including any agreements relating to the service, operation, repair and
maintenance of the Property, (b) all warranties, guaranties and indemnities relating to the Land,
Improvements or Personal Property, and (c) all personal property owned by Seller and located on or
within the Property and used in connection with the ownership, operation, maintenance or management
of the Property, including all furniture, equipment, machinery, appliances, amenities and other items of
tangible personal property belonging to Seller (collectively, the "Personal Property"); (iii) all assignable
approvals, development rights, development agreements, permits, licenses, zoning and permit
applications and approvals, variances, authorizations and other general intangible rights belonging to
Seller and relating to the Property; and (iv) all rights and appurtenances pertaining to any of the
foregoing, including without limitation, all rights of Seller, if any, in and to adjacent streets, alleys,
easements, and rights -of -way. In no event shall the Property include, and Seller will reserve and retain,
all receivables, cash and cash equivalents (whether in petty cash or on deposit in bank accounts or in
transit for deposit), refunds, rebates or other claims, or any interest thereon, for periods or events
occurring prior to the Closing Date, utility and similar deposits, insurance and other prepaid items not
prorated as provided in this contract, and Seller's proprietary books and records.
Title Company: Lubbock Abstract & Title Company
Address: 1216 Texas Avenue, Lubbock, Texas, 79401
Phone: 806.763.0431
Fax: 806.763.2207
PURCHASE PRICE / EARNEST MONEY / COUNTY OF PERFORMANCE
Purchase Price: ONE MILLION, NINE HUNDRED THOUSAND AND NO/100 DOLLARS ($1,900,000.00)
Earnest Money: TEN THOUSAND AND NO/100 DOLLARS ($10,000.00)
County for Performance: Lubbock County, Texas
TERMS
A. Deadlines and Other Dates
All deadlines in this contract expire at 5:00 P.M. local time where the Property is located. If a deadline falls on a
Saturday, Sunday, or holiday, the deadline will be extended to the next day that is not a Saturday, Sunday, or holiday.
A holiday is a day, other than a Saturday or Sunday, on which state or local governmental agencies and financial
institutions are not generally open for business. Time is of the essence.
1. Delivery of Title Commitment: Five (5) days after the Effective Date
2. Delivery of Survey: At Buyer's option and expense
3. Delivery of UCC Search: At Buyer's option and expense
4. Delivery of legible copies of instruments referenced in the Title Commitment: Five (5) days after the Effective
Date
5. Delivery of Title Objections: Five (5) days after delivery of the latest delivered Title Commitment and legible
copies of the instruments referenced in it.
6. Delivery of Seller's records as specified in Exhibit C: Five (5) days after the Effective Date
7. End oflnspection Period: November 13, 2017, subject to paragraph I.1.
8. Closing Date: November 17, 2017
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B. Closing Documents
The documents listed in this section B are collectively known as the "Closing Documents." Unless otherwise provided
herein, or agreed by the parties before Closing, the Closing Documents for which forms exist in the current edition of
the Texas Real Estate Forms Manual (State Bar of Texas) will be prepared using those forms.
1. At Closing, Seller will deliver the following items:
Special Warranty Deed
Bill of Sale and Assignment
Declaration ofNonforeign Status —Entity
Evidence of Seller's authority to close this transaction
Notices, statements, and certificates as specified in Exhibit D
Tenant Estoppel Certificate
Assignment and Assumption of Leases
2. At Closing, Buyer will deliver the following items:
Balance of Purchase Price
Assignment and Assumption of Leases
Evidence ofBttyer's authority to close this transaction
C. Exhibits
The following are attached to and are a part of this contract:
Exhibit A —Description of the Land and Personal Property
Exhibit B—Representations; Environmental Matters
Exhibit C—Seller's Records
Exhibit D—Notices, Statements, and Certificates
D. Purchase and Sale of Property
Purchase and Sale Agreement. Seller agrees to sell and convey the Property to Buyer, and Buyer agrees to buy and
pay Seller for the Property. The promises by Buyer and Seller stated in this contract are the consideration for the
formation of this contract. Buyer hereby acknowledges that the Property has, or may have, asbestos.
E. Title and Survey
1. Title Commitment; Title Policy. "Title Commitment" means a Commitment for Issuance of an Owner Policy
of Title Insurance by Title Company, stating the condition of title to the Land. The "effective date" stated in
the Title Commitment must be after the Effective Date of this contract. "Title Policy" means an Owner Policy
of Title Insurance issued by Title Company, as agent for Underwriter, or directly by Underwriter, in conformity
with the last Title Commitment delivered to and approved by Buyer.
2. Survey. "Survey" means an on -the -ground, staked plat of survey and metes -and -bounds description of the
Land, prepared by Surveyor or another surveyor satisfactory to Title Company, dated after the Effective Date,
and certified to Seller, Buyer and Title Company, and any other person specified by Buyer, to comply with the
current standards and specifications as published by the Texas Society of Professional Surveyors for the Survey
Category.
3. UCC Search. "UCC Search" means written reports stating the instruments that are on file in the Texas Secretary
of State's UCC records, the UCC records of any other appropriate state, and the UCC records in the jurisdiction
in which Seller is organized, showing as debtor Seller and all other owners of any personal property during the
five years before the Effective Date of this contract, if applicable.
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4. Delivery of Title Commitment and Legible Copies; Obtaining Surrey and UCC Search. Seller must deliver the
Title Commitment to Buyer by the deadline stated in paragraph A.1. and legible copies of the instruments
referenced in the Title Commitment by the deadline stated in paragraph A.4. Buyer, at Buyer's option and
expense, may obtain a Survey of the Property and UCC Search, provided Buyer timely obtains such Survey
and UCC Search, and make objections to the same as stated in paragraph A.S.
5. Title Objections. Buyer has until the deadline stated in paragraph A.S. ("Title Objection Deadline") to review
the Survey and UCC Search (if timely obtained by Buyer), Title Commitment and legible copies of the title
instruments referenced in them and notify Seller of Buyer's objections to any of them ("Title Objections").
Buyer will be deemed to have approved all matters reflected by the Survey and UCC Search (or which would
be reflected by the Survey and UCC Search, if Buyer does not timely obtain a Survey and UCC Search), and
Title Commitment to which Buyer has made no Title Objection by the Title Objection Deadline. The matters
that Buyer either approves or is deemed to have approved are "Permitted Exceptions." If Buyer notifies Seller
of any Title Objections, Seller has five days from receipt of Buyer's notice to notify Buyer whether Seller
agrees to cure the Title Objections before Closing ("Cure Notice"). Seller has no obligation to cure any of
Buyer's Title Obligations. If Seller does not timely give its Cure Notice or timely gives its Cure Notice but
does not agree to cure all the Title Objections before Closing, Buyer may, within three (3) days after the
deadline for the giving of Seller's Cure Notice or the Closing Date, whichever is earlier, notify Seller that either
this contract is terminated or Buyer will proceed to close, subject to Seller's obligations to remove all liquidated
liens arising by, through or under Seller, remove all exceptions that arise by, through, or under Seller after the
Effective Date, and cure only the Title Objections that Seller has agreed to cure in the Cure Notice (if any). At
or before Closing, Seller must remove all liquidated liens arising by, through or under Seller, remove all
exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure the Title
Objections that Seller has agreed to cure.
G. Inspection Period
1. Review of Seller's Records. Seller will deliver to Buyer copies of Seller's records specified in Exhibit C, or
otherwise make those records available for Buyer's review, by the deadline stated in paragraph A.7.
2. Entry onto the Property. Buyer, upon not less than twenty-four (24) hours prior notice to Seller and subject to
any entry requirements imposed by the Leases, may enter the Property before Closing to inspect it at Buyer's
cost, subject to the following:
a. Buyer must deliver evidence to Seller that Buyer has liability insurance for its proposed inspection
activities, or those of its agents and representatives, with coverages and in amounts that are substantially
the same as those maintained by Seller or with such lesser coverages and in such lesser amounts as are
reasonably satisfactory to Seller, naming Seller as an additional insured.
b. Buyer may not interfere in any material manner with existing operations or occupants of the Property;
provided, however, that Seller shall make all necessary arrangements with occupants of the Property to
allow reasonable access as permitted by the Leases to the Buyer or Buyer's agents for reasons and purposes
set forth herein.
C. Buyer must notify Seller at least twenty-four (24) hours in advance of Buyer's plans to conduct tests so
that Seller may be present during the tests, which notice shall describe the nature of scope of the proposed
tests in reasonable detail.
d. If the Property is physically altered because of Buyer's inspections, Buyer must return the Property to its
preinspection condition promptly after the alteration occurs.
e. Buyer must deliver to Seller copies of all inspection reports that Buyer prepares or receives from third -
party consultants or contractors upon request.
f. Buyer must abide by any other reasonable entry rules imposed by Seller.
3. Environmental Assessment. Buyer has the right to conduct a Phase I environmental site assessment of the
Property and a typical non- or minimally -invasive asbestos survey of the Property. Buyer may not conduct any
invasive environmental assessment or inspection of the Property, including any Phase II environmental site
assessment, without Seller's prior approval. Seller will provide, or will designate a person with knowledge of
the use and condition of the Property to provide, information requested by Buyer or Buyer's agent or
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representative regarding the use and condition of the Property during the period of Seller's ownership of the
Property. Seller will provide to Buyer or its agent or representative information regarding the use and condition
of the Property before Seller's period of ownership to the extent that the information is within Seller's
possession.
4. Buyer's Right to Terminate. Buyer may terminate this contract for any reason by notifying Seller of the
termination before the end of the Inspection Period. If Buyer does not notify Seller of Buyer's termination of
the contract before the end of the Inspection Period, Buyer waives the right to terminate this contract pursuant
to this provision.
5. Buyer's Indemnity and Release of Seller
a. Indemnity. To the extent permitted by law, Buyer will indemnify, defend, and hold Seller harmless from
any loss, attorney's fees, expenses, or claims arising out of Buyer's investigation of the Property, except
those arising out of the acts or omissions of Seller and those for repair or remediation of existing conditions
discovered by Buyer's inspection. The obligations of Buyer under this provision will survive termination
of this contract and Closing, any other provision of this contract to the contrary notwithstanding.
b. Release. Buyer releases Seller and those persons acting on Seller's behalf from all claims and causes of
action (including claims for attorney's fees and court and other costs) resulting from Buyer's investigation
of the Property, unless said claim or cause of action arises from the negligence or gross negligence of
Seller, Seller's agents, or Seller's representatives.
6. [Intentionally Omitted].
H. Representations
The parties' representations stated in Exhibit B are true and correct in all material respects as of the Effective Date
and must be true and correct in all material respects on the Closing Date. Seller will promptly notify Buyer if Seller
becomes aware that any of the representations are not true and correct in all material respects. Unless Seller notifies
Buyer to the contrary on or before the Closing Date, or Buyer has actual knowledge to the contrary as of the Closing
Date, Buyer is entitled to presume that the representations of Seller in Exhibit B are true and correct in all material
respects as of the Closing Date.
I. Condition of the Property until Closing; Cooperation; No Recording of Contract
Maintenance and Operation. Until Closing, Seller will (a) maintain the Property as it existed on the Effective
Date, except for reasonable wear and tear, repair and maintenance obligations of Tenants under the Leases, and
casualty damage; (b) use the Property in substantially the same manner as it was used on the Effective Date;
(c) comply in all material respects with all contracts of Seller pertaining to the Property in effect on the Effective
Date and all laws and all governmental regulations affecting the Property; and (d) not encumber, transfer, or
dispose of any of the Property, except to sell inventory, replace equipment, and use supplies in the normal
course of operating the Property. Until the end of the Inspection Period, Seller will not enter into, amend, or
terminate any contract that affects the Property other than in the ordinary course of operating the Property and
will promptly give notice to Buyer of each new, amended, or terminated contract, including a copy of the
contract, in sufficient time so that Buyer may consider the new information before the end of the Inspection
Period. If Seller's notice is given within three days before the end of the Inspection Period, the Inspection
Period will be extended for three days. After the end of the Inspection Period, Seller may not enter into, amend,
or terminate any contract that affects the Property without first obtaining Buyer's written consent, which Buyer
will have no obligation to grant and, if granted, may be conditioned in any manner Buyer in its sole discretion
deems appropriate.
Casualty Damage. Seller will notify Buyer promptly after discovery of any casualty damage to the Property.
Seller will have no obligation to repair or replace the Property if it is damaged by casualty before Closing.
Buyer may terminate this contract if the casualty damage that occurs before Closing would materially affect
Buyer's intended use of the Property, by giving notice to Seller within fifteen days after receipt of Seller's
notice of the casualty (or before Closing if Seller's notice of the casualty is received less than fifteen days before
Closing). If Buyer does not terminate this contract, Seller will (a) convey the Property to Buyer in its damaged
condition without reduction in the Purchase Price (except as hereinafter provided in the case of an uninsured
casualty), (b) assign to Buyer all of Seller's rights under any property insurance policies covering the Property,
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and (c) credit to Buyer the amount of the deductibles and coinsurance provisions under any insurance policies
covering the Property, but not in excess of the cost to repair the casualty damage and less any amounts
previously paid or incurred by Seller to repair the Property. If Seller has not insured the Property and Buyer
does not elect to terminate this contract in accordance with this section, the Purchase Price will be reduced by
the cost to repair the casualty damage less any amounts previously paid or incurred by Seller to repair the
Property.
Condemnation. Seller will notify Buyer promptly after Seller receives notice that any part of the Property has
been or is threatened to be condemned or otherwise taken by a governmental or quasi -governmental authority.
Buyer may terminate this contract if the condemnation would materially affect Buyer's intended use of the
Property by giving notice to Seller within fifteen days after receipt of Seller's notice to Buyer (or before Closing
if Seller's notice is received less than fifteen days before Closing). The condemnation will be deemed to
materially affect Buyer's intended use in Buyer's sole discretion. If Buyer does not terminate this contract, (a)
Buyer and Seller will each have the right to appear and defend their respective interests in the Property in the
condemnation proceedings, (b) any award in condemnation will be assigned to Buyer, (c) if the taking occurs
before Closing, the description of the Property will be revised to delete the portion taken, and (d) no change in
the Purchase Price will be made.
4. Claims; Hearings. Seller will notify Buyer promptly after Seller receives notice of any claim or administrative
hearing that is threatened, filed, or initiated before Closing that involves or directly affects the Property.
Cooperation. Seller will cooperate with Buyer (a) before and after Closing, to transfer the applications, permits,
and licenses held by Seller and used in the operation of the Property and to obtain any consents necessary for
Buyer to operate the Property after Closing and (b) before Closing, with any reasonable evaluation, inspection,
audit, or study of the Property prepared by, for, or at the request of Buyer. To the extent required under the
Lease, Seller will also ensure the cooperation of any Tenants for the purposes set forth herein. Seller's
agreement to so cooperate with Buyer shall not obligate Seller to incur any expense or liability or to agree to
the imposition on the Property of any restriction or encumbrance which would survive any termination of this
Contract.
J. Termination
1. Disposition of Earnest Money after Termination
a. To Buyer. If Buyer terminates this contract in accordance with any of Buyer's rights to terminate, then
unless Seller delivers notice of Seller's objection to Title Company's release of the Earnest Money to Buyer
within five days after Buyer delivers Buyer's termination notice to Seller and Title Company, Title
Company is authorized, without any further authorization from Seller, to deliver the Earnest Money to
Buyer, less $100, which will be paid to Seller as independent consideration for the right granted by Seller
to Buyer to terminate this contract.
b. To Seller. If Seller terminates this contract in accordance with any of Seller's rights to terminate, then
unless Buyer delivers notice of Buyer's objection to Title Company's release of the Earnest Money to
Seller within five days after Seller delivers Seller's termination notice to Buyer and Title Company, Title
Company is authorized, without any further authorization from Buyer, to pay and deliver the Earnest
Money to Seller.
Dirties after Termination. If this contract is terminated, Buyer will promptly return to Seller all of Seller's
records in Buyer's possession or control. During the term of this contract and, if applicable, after such
termination, Buyer, except to the extent required to do so by law, will not disclose any of Seller's records, or
any of the information contained therein, or any other information provided to or obtained by Buyer in
connection with this transaction, including the results of any of Buyer's tests and inspections of the Property,
to any other person. After return of the records, neither party will have further duties or obligations to the other
under this contract, except for those obligations that cannot be or were not performed before termination of this
contract or that expressly survive termination of this contract.
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K. Closing
1. Conditions of Closing. Neither party will be obligated to close the sale and purchase of the Property unless the
other party has satisfied the following conditions, any of which may be waived by the first party, by writing, in
its discretion:
a. Representations and Warranties. The representations and warranties of the other party must be true and
correct in all material respects at Closing.
b. Performance of Covenants and Agreements. The other party must have performed all covenants and
agreements required to be performed at or before Closing by that party.
C. No Bankruptcy. No voluntary or involuntary proceeding in bankruptcy shall be pending with respect to
that party.
d. Estoppel Certificates. At or prior to Closing, Seller shall deliver to Buyer an estoppel certificate from
each Tenant relating to such Tenant's Lease, provided that such Tenant's Lease obligates such Tenant to
deliver an estoppel certificate. Each estoppel certificate will be in the form required by the applicable
Lease, if any. If no specific form of estoppel certificate is required by a Lease, the estoppel certificate will
be in the current version of TAR Form 1938-Commercial Tenant Estoppel Certificate. Seller is not
obligated to make any payment to a Tenant in order to obtain an estoppel certificate (unless required by
the applicable Lease) or to agree to any amendments or modifications to any Lease in order to do so. If any
Tenant obligated by its Lease to deliver an estoppel certificate fails to do so, Seller will not be in default.
If any of the foregoing conditions are not satisfied at or prior to Closing, then (i) if such failure is the result of
a default by a party, the other party may exercise the default remedies provided to it in this contract, and (ii) if
such failure is not the result of a default by a party, the other party may terminate this contract by written notice
at or prior to Closing. Closing of this transaction conclusively will establish that all of the foregoing conditions
either have been satisfied or have been waived by the parties.
2. Closing. This transaction will close ("Closing") at Title Company's offices at the Closing Date and Closing
Time. At Closing, the following will occur:
a. Closing Documents; Title Company Documents. The parties will execute and deliver the Closing
Documents and any documents required by Title Company.
b. Payment of Purchase Price. Buyer will deliver the Purchase Price and other amounts that Buyer is
obligated to pay under this contract to Title Company in funds acceptable to Title Company. The Earnest
Money will be applied to the Purchase Price.
C. Disbursement of Funds; Retarding; Copies. Title Company will be instructed to disburse the Purchase
Price and other funds in accordance with this contract, record the deed and the other Closing Documents
directed to be recorded, and distribute documents and copies in accordance with the parties' written
instructions.
d. Delivery of Originals. Seller will deliver to Buyer the originals of Seller's Records.
e. Possession. Seller will deliver possession of the Property to Buyer, subject to the Permitted Exceptions
existing at Closing, the rights of Tenant's under the Leases, and any liens and security interests created at
Closing to secure financing for the Purchase Price. Property shall not be occupied by any person, nor
subject to any lease, leasehold interest, claim or offset against rents at the time of Closing.
3. Transaction Costs
a. Seller's Costs. Seller will pay the costs to prepare the deed; the costs to obtain, deliver, and record
releases of any liens required to be released in connection with the sale; the costs to record documents to
cure Title Objections agreed or required to be cured by Seller; certificates or reports of ad valorem taxes;
the costs to deliver copies of the instruments described in paragraph A.4. and Seller's records; any other
costs expressly required to be paid by Seller in this contract; and Seller's attorney's fees and expenses.
b. Buyer's Costs. Buyer will pay the basic charge for the Title Policy; the costs to obtain the Survey and
UCC Search (if obtained by Buyer); the costs to obtain, deliver, and record all documents other than those
to be obtained or recorded at Seller's expense; the additional premium for the "survey/area and boundary
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deletion" in the Title Policy, if the deletion is requested by Buyer, as well as the cost of any other
endorsements or modifications of the standard form of Title Policy requested by Buyer; the costs of work
required by Buyer to have the Survey reflect matters other than those required under this contract except
changes required for curative purposes; the costs to obtain financing of the Purchase Price, including the
incremental premium costs of the loan title policies and endorsements and deletions required by Buyer's
lender; any other costs expressly required to be paid by Buyer in this contract; and Buyer's attorney's fees
and expenses.
C. Ad Valorem Ttrxes. Except for subsequent assessments for prior years due to changes in use or
ownership discussed below, ad valorem taxes on the Property for all calendar years before the calendar
year in which Closing occurs must be paid by Seller at or before Closing. Ad valorem taxes for the Property
for the calendar year of Closing will be prorated between Buyer and Seller as of the Closing Date. Seller's
portion of the prorated taxes will be paid to Buyer at Closing as a credit to the Purchase Price. Buyer
assumes the obligation to pay, and shall pay in full, such taxes for the year of Closing before delinquency.
If the assessment for the calendar year of Closing is not known at the Closing Date, the proration will be
based on tax rates for the previous tax year applied to the most current assessed value, and Buyer and Seller
will adjust the prorations in cash within thirty days after the actual assessment and taxes are known. Seller
will promptly notify Buyer of all notices of proposed or final tax valuations and assessments that Seller
receives after the Effective Date and after Closing, All taxes (including any penalties, interest, and
attorney's fees) due as of Closing will be paid at Closing. At Closing, Seller also will transfer to Buyer,
and Buyer, in addition to payment of the Purchase Price, will reimburse Seller for, all amounts collected
by Seller from any Tenants and then held in escrow by Seller for payment of ad valorem taxes on the
Property. If the Property has been the subject of special valuation and reduced tax assessments pursuant to
the provisions of chapter 23, subchapter D, of the Texas Tax Code or under any other provision of law
with respect to any period before the Closing, and if additional taxes, penalties, or interest are assessed
pursuant to Code section 23.55 or under the other provision of law, the following will apply:
i. If Seller changes the use of the Property before Closing, resulting in the assessment of additional taxes
for periods before Closing, Seller will pay the additional taxes.
ii. If this sale or Buyer's use of the Property after closing results in the assessment of additional taxes for
periods before Closing, Buyer will be responsible for payment of such additional taxes.
d. Rent. All rent collected by Seller as of Closing for the calendar month in which Closing occurs will be
prorated between Seller and Buyer, with Buyer receiving a credit against the Purchase Price for Buyer's
share of such collected rent. All rent payable with respect to months prior to the calendar month in which
Closing occurs will not be prorated and Buyer will have no interest therein. Uncollected rents payable for
the month in which Closing occurs will not be prorated at Closing, but after Closing Buyer will use Buyer's
diligent good faith efforts (not including filing any suit against a Tenant) to collect such rents and any such
rents which are collected by Buyer will be applied first to payment of any rent the applicable Tenant owes
to Buyer and then to any rent such Tenant owes to Seller. At Closing Seller further will transfer to Buyer,
in the form of a credit against the Purchase Price, all prepaid rents and security deposits received from the
Tenants and not refunded or applied by Seller as provided in the applicable Leases.
e. Income and Expenses. Except as provided above, income and expenses pertaining to operation of the
Property will be prorated as of the Closing Date on an accrual basis and paid at Closing as a credit or debit
adjustment to the Purchase Price. Invoices that are received after Closing for operating expenses incurred
on or before the Closing Date and not adjusted at Closing will be prorated between the parties as of the
Closing Date, and Seller will pay its share within ten days after receipt of Buyer's notice of the deficiency.
f. Postclosing Adjustments. If errors in the prorations made at Closing are identified within ninety days
after Closing, Seller and Buyer will make postclosing adjustments to correct the errors within fifteen days
after receipt of notice of the errors, but in any event within ninety (90) days after Closing (after which all
such prorations will be final).
g. Brokers' Commissions. Buyer and Seller each indemnify and agree to defend and hold the other party
harmless from any loss, attorney's fees, and court and other costs arising out of a claim by any person or
entity claiming by, through, or under the indemnitor for a broker's or finder's fee or commission because
of this transaction or this contract, whether the claimant is disclosed to the indemnitee or not. At Closing,
each party will provide the other party with a release of broker's or appraiser's liens from all brokers or
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appraisers for which each party was responsible. Buyer represents and warrants to Seller that Buyer has
not been represented by any real estate broker, agent or other third party in connection with this transaction.
4. Issuance of Title Policy. Seller will cause Title Company to issue the Title Policy to Buyer as soon as
practicable after Closing.
L. Default and Remedies
1. Seller's Default; Remedies before Closing. If Seller fails to perform any of its obligations under this contract
("Seller's Default"), Buyer may elect any of the following as its sole and exclusive remedy before Closing:
a. Termination. Buyer, for any reason, or no reason, may terminate this contract by giving notice to Seller
on or before the Closing Date and Closing Time and have the Earnest Money, less $100 as described above,
returned to Buyer.
b. Specific Performance. Unless Seller's Default relates to the untruth or incorrectness of Seller's
representations for reasons not reasonably within Seller's control, Buyer may enforce specific performance
of Seller's obligations under this contract.
C. Actual Damages. If Seller conveys or encumbers any portion of the Property before Closing so that
Buyer's ability to enforce specific performance of Seller's obligations under this contract is precluded or
materially impaired, Buyer will be entitled to seek recovery from Seller for the actual damages sustained
by Buyer by reason of Seller's Default, including attorney's fees and expenses and court costs.
Seller's Default; Representations. If Seller's representations are not true and correct in all material respects at
Closing for circumstances not reasonably within Seller's control, Seller will not be in default hereunder. If
such representations are not true and correct in all material respects at Closing due to circumstances reasonably
within Seller's control, Seller will be in default. If Seller's representations are not true and correct in all material
respects at Closing due to circumstances reasonably within Seller's control and Buyer does not become aware
of the untruth or incorrectness of such representations until after Closing, or if Seller fails to perform any of its
obligations under this contract that survive Closing, Buyer will have the right to seek recovery from Seller for
the actual damages sustained by Buyer by reason thereof.
3. Buyer's Default; Remedies before Closing. If Buyer fails to perform any of its obligations under this contract
("Buyer's Default"), Seller may terminate this contract by giving notice to Buyer on or before Closing and have
the Earnest Money paid to Seller. The foregoing constitutes Seller's sole and exclusive remedy for a default by
Buyer before Closing.
4. Buyer's Default; Remedies after Closing. If Buyer fails to perform any of its obligations under this contract
that survive Closing, Seller will have the right to seek recovery from Buyer for the actual damages sustained
by Seller by reason thereof.
5. Non -Arbitration. Neither party shall be subject to any arbitration process prior to exercising any right to seek
judicial remedy.
6. Attorney's Fees. If either party retains an attorney to enforce this contract, the party prevailing in litigation is
entitled to recover reasonable attorney's fees and court and other costs.
M. Miscellaneous Provisions
Notices. Any notice required by or permitted under this contract must be in writing. Any notice required by
this contract will be deemed to be delivered (whether actually received or not) when deposited with the United
States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended
recipient at the address shown in this contract. Notice may also be given by regular mail, personal delivery,
courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when
actually received, provided that (a) any notice received on a Saturday, Sunday, or holiday will be deemed to
have been received on the next day that is not a Saturday, Sunday, or holiday and (b) any notice received after
5:00 P.M. local time at the place of delivery on a day that is not a Saturday, Sunday, or holiday will be deemed
to have been received on the next day that is not a Saturday, Sunday, or holiday. Notice may not be given by
e-mail. Any address for notice may be changed by not less than ten days' prior written notice delivered as
provided herein. Copies of each notice must be given by one of these methods to the attorney of the party to
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whom notice is given, if the notice address of such attorney previously has been provided in writing to the party
giving the notice.
2. Entire Agreement. This contract, its exhibits, and any Closing Documents delivered at Closing are the entire
agreement of the parties concerning the sale of the Property by Seller to Buyer. There are no representations,
warranties, agreements, or promises pertaining to the Property or the sale of the Property by Seller to Buyer,
and Buyer is not relying on any statements or representations of Seller or any agent of Seller, that are not in
those documents.
3. Amendment. This contract may be amended only by an instrument in writing signed by the parties.
Prohibition of Assignment. Except as provided herein, neither party may assign this contract or any rights under
it without the prior written consent of the other party. Buyer recognizes that Seller intends to convey the
Property to Buyer as part of a tax -deferred exchange of real property pursuant to Section 1031, Internal Revenue
Code and applicable Regulations. Buyer agrees to cooperate with Seller in such exchange, provided Buyer
incurs no additional expense or liability in doing so. Seller will assign its rights, but not its obligations, under
this Contract to a Qualified Intermediary in connection with such exchange. Buyer agrees that the Qualified
Intermediary will have no liability or obligation of any kind whatsoever to Buyer by reason of such assignment,
and Buyer agrees to look solely to Seller for the perforinance and satisfaction of Seller's liabilities and
obligations hereunder.
5. Survival. The provisions of this contract that expressly survive termination or Closing and other obligations of
this contract that cannot be performed before termination of this contract or before Closing survive termination
of this contract or Closing, and the legal doctrine of merger does not apply to these matters. If there is any
conflict between the Closing Documents and this contract, the Closing Documents control. The representations
made by the parties as of Closing survive Closing.
6. Choice of Law; Venue. THIS CONTRACT IS TO BE CONSTRUED UNDER THE LAWS OF THE STATE OF TEXAS,
WITHOUT REGARD TO CHOICE -OF -LAW RULES OF ANY JURISDICTION. VENUE IS IN LUBBOCK COUNTY.
7. Wailer of Default. Default is not waived if the nondefaulting party fails to declare a default immediately or
delays taking any action with respect to the default.
8. No Third -Parry Beneficiaries. There are no third -party beneficiaries of this contract.
9. Severability. If a provision in this contract is unenforceable for any reason, to the extent the unenforceability
does not destroy the basis of the bargain among the parties, the unenforceability does not affect any other
provision of this contract, and this contract is to be construed as if the unenforceable provision is not a part of
the contract.
10. Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule of construction that
ambiguities in a document are construed against the party who drafted it does not apply in interpreting this
contract.
11. No Special Relationship. The parties' relationship is an ordinary commercial relationship, and the parties do
not intend to create the relationship of principal and agent, partners, joint venturers, or any other special
relationship.
12. Counterparts. If this contract is executed in multiple counterparts, all counterparts taken together constitute
this contract. Copies of signatures to this contract are effective as original signatures.
13. Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Buyer under this
Contract, including without limitation, adjustment of the Closing Date, are hereby delegated by Buyer, pursuant
to action by the City Council of Lubbock, Texas, to W. Jarrett Atkinson, City Manager of Buyer, or his
designee.
14. Binding Effect. This contract binds, benefits, and may be enforced by the parties and their respective heirs,
successors, and permitted assigns.
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► a ICfI:��9
FOR: CITY OP LUBBOCK
Daniel M. Pope, Mayor
ATTEST:
AYYKV V l+ U A`u I V UVIN I E1N l:
v " ` /
ark Yearwood, Assistant City Manager
APPROVED AS TO FORM:
Rya Br ke, Assistant City Attorney
Real Estate Sales Contract - Wilkerson investment Co. to City of Lubbock
llwilksmr documentsslgordonlwic-ity contract(10.17.17).docx
FOR: WILKERSON INVESTMENT COMPANY
'k/
By: (S gnaitle)--
4v4,D4'1/ c%Zbt-ELSoN
By: (Printed Name)
Ad"i t /.7 ZO / 7
Date:
Page 11 of 17
Exhibit A
Description of the Land and Personal Property
This property is commonly described as 1215 13" Street, Lubbock, Lubbock County, Texas, and legally described
as the West 75 feet of Lots One (1), Two (2), Three (3), Four (4), Five (5), and Six (6), Block One Hundred Forty -
Seven (147), Original Town of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication
Deed thereof recorded in Volume 2769, page 162 of the Deed Records of Lubbock County, Texas; and
1218 14' Street, Lubbock, Lubbock County, Texas, and legally described as Lots Seven (7), Eight (8), Nine (9),
and Ten (10), Block One Hundred Forty -Seven (147), Original Town of Lubbock, Lubbock County, Texas,
according to the Map, Plat and/or Dedication Deed thereof recorded in Volume 2769, page 162 of the Deed Records
of Lubbock County, Texas; and
1415 Avenue L, Lubbock, Lubbock County, Texas, and legally described as Lots Six (6), Seven (7), Eight (8), Nine
(9), and Ten (10), Block One Hundred Sixty -Three (163), Original Town of Lubbock, Lubbock County, Texas,
according to the Map, Plat and/or Dedication Deed thereof recorded in Volume 2769, page 162 of the Deed Records
of Lubbock County, Texas; and
1408 Avenue L, Lubbock, Lubbock County, Texas, and legally described as Lots Fifteen (15), Sixteen (16),
Seventeen (17), Eighteen (18), Nineteen (19), and Twenty (20), Block One Hundred Sixty -Two (162), Original
Town of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded in
Volume 2769, page 162 of the Deed Records of Lubbock County, Texas; and
1210 15' Street, Lubbock, Lubbock County, Texas, and legally described as Lots Eleven (11), Twelve (12), and the
South 8 feet of Lot Thirteen (13), Block One Hundred Sixty -Three (163), Original Town of Lubbock, Lubbock
County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded in Volume 6431, page 14 of
the Deed Records of Lubbock County, Texas; and
the property being further described herein (the "Land"), together with improvements to the Land (the
"Improvements"), and the personal property associated with the Land (the "Personal Property").
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As required by Chapter 2051, SUBCHAPTER D. GEOSPATIAL DATA PRODUCTS of the Government Code, the City of Lubbock hereby provides notice that the A040- City of
data on this map was created by the City of Lubbock. Any data that appears to represent property boundaries Is for informational purposes and may not have
been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the 11PLubbock
approximate relative location of property boundailes. TEXAS
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Exhibit B
Representations; Environmental Matters
A. Seller's Representations to Buyer
Seller represents to Buyer that the following are true and correct in all material respects as of the Effective Date.
1. Authority. Seller is a general partnership, duly organized and validly existing under the laws of the state of
Texas with authority to perform its obligations under this contract. This contract is binding on Seller. This
contract is, and all documents required by this contract to be executed and delivered to Buyer at Closing will
be, duly authorized, executed, and delivered by Seller.
2. Litigation. Seller has not received written notice and has no actual knowledge of any litigation pending or
threatened against Seller that might adversely affect the Property or Seller's ability to perform its obligations
under this contract.
3. Violation of Laws. Seller has not received written notice and has no actual knowledge of violation of any law,
ordinance, regulation, or requirements affecting the Property or Seller's use of the Property.
4. Licenses, Permits, and Approvals. Seller has not received written notice and has no actual knowledge that any
license, permit, or approval necessary to use the Property in the manner in which it is currently being used has
expired or will not be renewed on expiration or that any material condition will be imposed to use or renew the
same.
5. Condemnation; Zoning; Land Use; Hazardous Materials. Seller has not received written notice and has no
actual knowledge of any condemnation, zoning, or land -use proceedings affecting the Property or any written
inquiries or notices by any governmental authority or third party with respect to condemnation or the presence
of hazardous materials affecting the Property.
6. No Other Obligation to Sell the Property or Restriction against Sale. Except for granting a security interest in
the Property, Seller has not obligated itself to sell all or any portion of the Property to any person other than
Buyer. Seller's performance of this contract will not cause a breach of any other agreement or obligation to
which Seller is a party or by which Seller or the Property is bound.
7. No Liens. On the Closing Date, the Property will be free and clear of all mechanic's and materialman's liens
and other liens and encumbrances of any nature arising by, through, or under Seller, except the Permitted
Exceptions, the Leases and liens to which Buyer has given its consent in writing, and no work or materials will
have been furnished to the Property by Seller that might give rise to mechanic's, materialman's, or other liens
against the Property other than work or materials to which Buyer has given its consent in writing.
8. Seller's Documents. The copies of Seller's documents provided by Seller to Buyer for Buyer's inspections are,
to Seller's knowledge, true, correct, and complete copies of the originals, or the copies of such documents in
Seller's possession.
9. No Other Representation. Except as stated above or in the notices, statements, and certificates set forth in
Exhibit D, Seller makes no representation with respect to the Property.
10. No Warranty. Except as set forth in this contract and in the Closing Documents, Seller has made no warranty
in connection with this transaction.
11. Knowledge. As used in this Contract, references to the Seller's "knowledge", "awareness" and similar
references will refer only to the current actual knowledge, without further investigation or inquiry, of GORDON
WILKERSON and DAVID WILKERSON. In no event shall such references refer to any other form of
knowledge on the part of such individuals or to any form of knowledge or awareness of any other person.
B. "As Is, Where Is"
THIS CONTRACT IS AN ARMS -LENGTH AGREEMENT BETWEEN THE PARTIES. THE PURCHASE PRICE WAS
BARGAINED ON THE BASIS OF AN "AS IS, WHERE IS" TRANSACTION AND REFLECTS THE AGREEMENT OF THE
PARTIES THAT THERE ARE NO REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR IMPLIED WARRANTIES, EXCEPT
THOSE IN THIS CONTRACT AND THE CLOSING DOCUMENTS.
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BUYER IS NOT RELYING ON ANY REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR IMPLIED WARRANTIES OTHER
THAN THOSE EXPRESSLY CONTAINED IN THIS CONTRACT AND THE CLOSING DOCUMENTS. BUYER IS NOT RELYING
ON ANY INFORMATION REGARDING THE PROPERTY PROVIDED BY ANY PERSON, OTHER THAN BUYER'S OWN
INSPECTION AND THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS CONTRACT AND THE CLOSING
DOCUMENTS.
The provisions of this section B regarding the Property will not be included in the deed.
C: Environmental Matters
AFTER CLOSING, BUYER RELEASES SELLER FROM LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE
PROPERTY, INCLUDING LIABILITY (1) UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA), THE RESOURCE CONSERVATION AND RECOVERY ACT
(RCRA), THE TEXAS SOLID WASTE DISPOSAL ACT, OR THE TEXAS WATER CODE, OR (2) ARISING AS THE RESULT
OF THEORIES OF PRODUCTS LIABILITY AND STRICT LIABILITY, OR UNDER NEW LAWS OR CHANGES TO EXISTING
LAWS ENACTED AFTER THE EFFECTIVE DATE THAT WOULD OTHERWISE IMPOSE ON SELLERS IN THIS TYPE OF
TRANSACTION NEW LIABILITIES FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY. THIS RELEASE
APPLIES EVEN WHEN THE ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY RESULT FROM SELLER'S OWN
NEGLIGENCE OR THE NEGLIGENCE OF SELLER'S REPRESENTATIVE.
The provisions of this section C regarding the Property will not be included in the deed.
D. Buyer's Representations to Seller
Buyer represents to Seller that the following are true and correct as of the Effective Date and will be true and correct
on the Closing Date. Buyer is a municipal corporation duly organized, validly existing, and in good standing under
the laws of the state of Texas with authority to perform its obligations under this contract. All actions and approvals
necessary to authorize execution of this Contract by Buyer and Buyer's performance of its obligations hereunder have
been obtained and this contract is binding on Buyer. This contract is, and all documents required by this contract to
be executed and delivered to Seller at Closing will be, duly authorized, executed, and delivered by Buyer.
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Exhibit C
Seller's Records
To the extent that Seller has possession of the following items pertaining to the Property, Seller will deliver or make
the items or copies of them available to Buyer by the deadline stated in paragraph A.7.:
Governmental
governmental licenses, certificates, permits, and approvals
tax statements for the current year and the last five (5) years
notices of appraised value for the current year and the last five (5) years
records of any tax exemption, special use, or other valuation or exemption applicable to the Property
records of regulatory proceedings or violations (for example, condemnation, environmental)
Land
soil reports
environmental reports and other information regarding the environmental condition of the Property
water rights
engineering reports
prior surveys
site plans
Facilities
• as -built plans, specifications, and mechanical drawings for improvements
warranty agreements
management, employment, labor, service, equipment, supply, and maintenance agreements
insurance policies
ADA and other building inspection reports
engineering reports
environmental reports
operating and maintenance plans (for example, asbestos maintenance plans)
life -safety plans
Leases
• Leases
commission and leasing agent agreements which will be binding on Buyer after Closing
rent roll in the form customarily used by Seller in the management and operation of the Property
Licenses, Agreements, and Encumbrances
All licenses, agreements, and encumbrances (including all amendments and exhibits) affecting title to or use of the
Property that have not been recorded in the real property records of the county in which the Property is located
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Exhibit D
Notices, Statements, and Certificates
The notices, statements, and certificates (arranged by their application to particular transactions) that are listed below
are included in the sales contract:
1. Storage Tanks Disclosure Provider. Notice concerning underground storage tanks, described in section 334.9
of title 30 of the Texas Administrative Code.
2. Notice to Purchaser Regarding Restrictive Covenants. Notice of deed restrictions, described in section 212.155
of the Texas Local Government Code.
3. Certificates of Mold Remediation. Notice pursuant to section 1958.154 of the Texas Occupations Code, titled
"Certificate of Mold Remediation; Duty of Property Owner," requiring a property owner who sells property
that has been issued a certificate of mold remediation pursuant to this section to deliver copies to the purchaser
of each certificate of mold remediation issued for the property within the preceding five years.
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CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2017-281202
Wilkerson Investment Co.
Lubbock, TX United States
Date Filed:
11/07/2017
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
13822
Real Estate Contract
4 Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear, or affirm, under penalty ery' that the
above disclosure is true and correct.
LYNETTE PI
Notary Public
STATE OF TEXAS
Is, y Comm. Exp. June 4, 2018
Si�gnatureoorized agent of contracting business entity
AFFIX NOTARY STAMP 1 SEAL ABOVE
L
Sworn to and subscribed before me, by the said this the _ t-- day of
20_(_I_, to certify which, witness my hand and al q office.
c
1
i1
Signature of officer administering oath nted name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2017-281202
Date Filed:
11/07/2017
Date Acknowledged:
11/08/2017
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Wilkerson Investment Co.
Lubbock, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
13822
Real Estate Contract
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5
Check only if there is NO Interested Party.
X
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337