HomeMy WebLinkAboutResolution - 2008-R0321 - Amendment To A Contract Of Sale - Griffin - 08/28/2008Resolutiou No. 2008-RO321
August 28, 2008
Item No. 5.21
RESOLUTION
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
ected to execute for and on behalf of the City of Lubbock, an Amendment of Contract
Sale by and between the City of Lubbock and B.R. Griffin and wife, Geneva Griffin,
I all related documents. Said Amendment of Contract of Sale is attached hereto and
orporated in this Resolution as if fully set forth herein and shall be included in the
autes of the Council.
by the City Council this 28th
.TTEST:
day of August 2008.
TOM MARTIN, MAYOR
AS TO CONTENT:
Manager/Development Services
OVED AS TO FORM:
Assistant City Attorney
of Salexes
Resolution No. 2008 RO321
AMENDMENT
OF
CONTRACT OF SALE
This Amendment of Contract of Sale (the "Amendment") is made and effective this 28th
day of August, 2008, by and between B.R. GRIFFIN and wife, GENEVA GRIFFIN (referred to
herein as "Seller") and the CITY OF LUBBOCK, TEXAS, a Horne Rule Municipal Corporation
of Lubbock County, Texas (referred to herein as "Buyer").
RECITALS
WHEREAS, pursuant to that certain Contract of Sale (the "Original Contract") dated on
or about August 23, 2007, Resolution No. 2007-R0375, Seller agreed to sell and Buyer agreed to
purchase that certain tract of land described as Tract A, Whisperwood Addition to the City of
Lubbock, as more particularly described in the Original Contract (the "Property"); and
WHEREAS, closing on the purchase contemplated by the Original Contract was to occur,
at the latest, September 1, 2008;
WHEREAS, it has come to the attention of the Seller that it is necessary to occupy the
Property for a period later than September 1, 2008;
WHEREAS, the Buyer is amenable to such possession by Seller and to delaying the
closing on the purchase of the Property until October 31, 2008, so long as Buyer has reasonable
access to the Property during such extended period.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
made herein, Buyer and Seller hereby agree to amend the Original Contract as follows:
Section 5.01 is hereby deleted in its entirety and replaced with the following:
5.01 Date and Place of Closing. The Closing shall take place in the offices of
the Title Company and shall be accomplished through an escrow to be established
with the Title Company, as escrowee. The Closing Date (herein sometimes
called), shall be on October 31, 2008.
2. Section 5.03 is hereby deleted in its entirety and replaced with the following:
5.03 Access to Property and Possession. Possession of the Property shall be
delivered to Buyer at Closing. Seller hereby grants to Buyer, its agents,
employees and contractors, prior to Closing, the right of access to the Property
during the normal business hours or hours of normal operation of Seller for the
purposes of inspections and showing the Property to potential purchasers or
grantees. Unless agreed otherwise by Seller, Buyer shall provide not less than
Contract of Sale — Griffin
Pagel of 3
twenty-four (24) hours notice, which may be by telephone at 795-8785, to Seller
of its desire to inspect the Property as provided herein. Seller may place
reasonable restrictions on such access, such reasonable restrictions may include
but not be limited to, restricting the number of individuals of Buyer inside the
building upon the Property at any given time.
3. Except as expressly modified herein, the terms and provisions of the Original
Contract shall remain as originally provided.
°k
Executed by Seller on the !� day of August 2008.
SELLE
B.R. GRIFFIN
GYfilEVA GRIEF jI4
Executed by Buyer on the 28th day of August 2008.
KIWA"411-
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TOM MARTIN, MAYOR
Re cca Garza, City Secretary
VEE AS TO CONTENT:
Rob 'soli;
Assistant City Manager evelopment Services
Contract of Sale — Griffin
Page 2 of 3
City Manager/ Transportation and Public Works
APPROVED AS TO FORM:
Richard K. Casner
First Assistant City Attorney
Richard/Contract of Sate-Griffin-Amended.080508
Contract of Sale — Griffin
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