HomeMy WebLinkAboutResolution - 2023 - Accept Bid - Frank E Murchison III - L1-3 Block 104 Original Town Addition - 05/09/1985JCR:cl
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Resolut ion.#2023
May 9, 1985
Agenda Item #28
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the bid submitted by Frank E. Murchison, III, Trustee, in the
amount of $155,500.00 for the purchase of all of Lots 1, 2 and 3, Block
104, Original Town Addition to the City of Lubbock is hereby accepted.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor is hereby authorized to execute on behalf of the City
of Lubbock all necessary documents of conveyance to transfer title to the
above-mentioned property to Frank E. Murchison, III, Trustee.
Passed by the City Council this 9th day of May , 1985.
ALA HENRY,A OR
ATTEST:
, uity Secretary
APPROVED AS TO CONTENT:
Awlt6e'
Rod Bouffar Assistant Director
of Finance
APPROVED AS TO FORM:
G� r
C. Ross, Jr., City Attorney
CITY OF LUBBOCK
PURCHASING DEPT. -
1625 -13TH STREET
LUBBOCK. TX 79401
Telephones:
762.6411
Ext. 2165 - 2166.2167 -
2168.2169 - 2170
CITY Or LUNDOCK
REQUEST FOR QUOTATION
THIS IS NOT AN ORDER.
Mailed 4-12-85
Frank Murchison
Carr Evans Fouts Hunt
900 Republic Bank Biulding
Lubbock TX 79401
Resolution #2023
No 8470
(Number wast appear on ALL
eorf#sp�>nde�gM .
Closint U
Dato 4-26-85
SEE
.INSTRUCTION:
TQ "BIDDERS
L _j ®N REVERSE
Plew quote us an articles listed below. The right is reserved to accept ar reject SIDE
all or part of your after, and to accept the offer the City considers the mast advantageous.
Alternates acceptable if in the City's opinion the necessary requirements are met. ,Any
sttggestlofts as to quantity to secure a better price are welcome.
These columns to be filled In by urm quoung
I"u QUANTITY UNIT DESCRIPTION !RAND UNIT TOTAL DELIVERY
ra.' PRICE NET PRICE DATE
li=
For Sale: City of Lubbock
Property at 1001 Texas Avenue
Lots 1,2,3; Block 104, Original
Town Addition to the City of
Lubbock formally known as "Tax
Office Building". Building is
Two—Story with full basement.
Building is in good condition.
Approximately 9750 square ft.
Bids will be received by the Manager of Purchasing at City Hall until the exact date and the time specified above.
Each bid must be sealed in a separate envelope, addressed to Gene Eads, Manager of Purchasing, City of Lubbock, . Lubbock, Texas
79408, and have BID NUMBER and CLOSING DATE MARKED ON OUTSIDE OF ENVELOPE.
It shall be the responsibility of each bidder to insure delivery of bids in accordance with said closing date and time. The City of Lubbock, Its Agents,
Officials and employees shall not be responsible for delay in the receipt of bids submitted by mail.
ALL BIDS MUST BE QUOTED F.O.B. LUBBOCK pricing$! cirj, rinn _ QQ (per attached—real
(°rn' unless otherwise stated) estate sales
Terms % Minimum of 15 days from receipt of merchandise must be allowed on all cash discounts.
contract)
Shipment will be made from
Gene Eads C.P.M. at (806) 762-6411 ext 2170
For Additional Information, Contact
The undersigned hereby offers to furnish and deliver the articles or services as specified above at the pricest d a�17accordance wtth the
specifications and General Conditions of Bidding on reverse side hereof; all of which are made apart of e
Signed By ' r C 5011 SteE
Date April 26, -1985 ALL RIM SIGNED.
UNSIGNED BIDS WILL BE RETURNED.
IMPORTANT -READ CAREFULLY BEFORE MAKING BID'
GENERAL CONDITIONS OF BIDDING
1. ALL BIDS SHOULD BE MADE ON THIS WHITE FORM. THE COLORED COPY IS FOR
YOUR FILE. BIDS MADE ON OTHER FORMS WILL NOT BE CONSIDERED UNLESS
STATEMENT TO THIS EFFECT IS INCLUDED, "IN ACCORDANCE WITH BID RE-
QUEST NO. AND SUBJECT TO ALL TERMS AND CONDI-
TIONS THEREOF WE QUOTE AS FOLLOWS."
2.ANY CATALOG OR MANUFACTURER'S REFERENCE IN THIS PROPOSAL IS DE-
SCRIPTIVE BUT NOT RESTRICTIVE, AND IS USED ONLY TO INDICATE TYPE AND
QUALITY. IF, HOWEVER, THE BIDDER PROPOSES SIMILAR BUT NOT IDENTICAL
ITEMS, HE MUST FURNISH FULL PARTICULARS. IF NO MENTION IS MADE OF
ANY EXCEPTIONS IT IS ASSUMED THAT. HE IS BIDDING ON THE ARTICLE
SPECIFIED AND NOT ON APPROVED EQUAL AND HE WILL BE REQUIRED TO
DELIVER THE EXACT ARTICLE SPECIFIED.
3. PRICES SHOULD BE ITEMIZED. THE CITY OF LUSBOrK RFRERVES THE RIGHT TO
AWARD BY ITEM OR BY TOTAL BID.
4. TIME OF PROPOSED DELIVERY SHALL BE STATED IN NUMBER OF CALENDAR
DAYS.
5. IN CASE OF DISCREPANCY BETWEEN THE UNIT PRICE AND THE EXTENSION,
THE UNIT PRICE SHALL GOVERN.
6. NOTE: THE CITY OF LUBBOCK IS EXEMPT FROM ALL FEDERAL, STATE IL LOCAL
TAX. 00 NOT INCLUDE THESE TAXES IN YOUR BID PRICE OR INVOICE. TAXABLE
ITEMS MUST BE SO DESIGNATED AND THE CITY WILL SUPPLY CONTRACTOR
WITH TAX EXEMPTION CERTIFICATE PROPERLY EXECUTED.
T. PREFERENCE WILL BE GIVEN TO FIRM QUOTES, ITEMS QUOTED AT PRICE IN
EFFECT AT TIME OF SHIPMENT WILL NOT BE CONSIDERED UNLESS A DEFINITE
PER CENT IS PLACED ON THE ESCALATION.
S. ALL BIDS MUST BE SIGNED. UNSIGNED BIDS WILL BE CONSIDERED AS NO BID
AND WILL BE RETURNED TO VENDOR.
STANDARD PURCHASE TERMS AND C(INDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows:
1. SELLER TO PACKAGE GOODS Seller will package goods in accordance with
good commercial practice. Each shipping container shall be clearly and perman-
ently marked as follows: (a) Seller's name and address; (b) Consignee's name,
address and purchase order or purchase release number and the supply agreement
number If applicable; (c) Container number and total number of containers, e.g, box
1 of 4 boxes; and (d) the number of the container bearing the packing slip. Seller shall
bear cost of packaging unless otherwise provided. Goods shall be suitably packed
to secure lowest transportation costs and to conform with requirements of common
carriers and any applicable specifications. Buyer's count or weight shall be final and
conclusive on shipments not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship
the goods under reservation and no tender of a bill of Catling will operate as a tender of
goods.
3. TITLE t RISK OF LOSS The title and risk of loss of the goods shall not pass to
Buyer until Buyer actually receives and takes possession of the goods at the point or
points of delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER Every tender or delivery of goods
must fully comply with all provisions of this contract as to time of delivery, quality
and the like. If a tender is made which does not fully conform, this shall constitute a
breach and Seller shall not have the right to substitute a conforming tender, provided,
where the time for performance has not yet expired, the Seller may seasonably notify
Buyer of his Intention to cure and may then make a conforming tender within the
contract time but not afterward
5. INVOICES i PAYMENTS
a. Seller shall submit separate Invoices, in duplicate, on each purchase order or pur-
chase release after each delivery. Invoices shall indicate the purchase order or
purchase release number and the supply agreement number if applicable. Invoices
shall be Itemized and transportation charges, if any, shall be listed separately. A copy
of the bill of lading, and the freight waybill when applicable, should be attached to the
Invoice. Mail to: Purchasing Department, City of Lubbock, P.O. Box 2000, Lubbock,
Texas 79457. Payment shall not be due until the above Instruments are submitted after
delivery.
b. Do not Include Federal Excise, State or City Sales Tax.
G. GRATUITIES The Buyer may, by written notice to the Seller, cancel this contract
without liability to Seller if It Is determined by Buyer that gratuities, in the form of
entertainment, gifts, or otherwise, were offered or given by the Seller, or any agent or
representative of the Seller, 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 withrespect to the per-
forming of such a contract. In the event this contract is cancelled by Buyer pursuant
to this provision, Buyer shall be entitled, In addition to any other rights and remedies,
to recover or withhold the amount of the cost Incurred by Seller in providing such
gratuities.
7. SPECIAL TOOLS i TEST EQUIPMENT If the price stated on the face hereof In -
eludes the cost of any special tooling or special test equipment fabricated or required
by Seller for the purpose of filling this order, such special tooling equipment and any
" process sheets related thereto shall become the property of the Buyer and to the
extent feasible shall be identified by the Seller as such.
S. WARRANTY -PRICE
a. The price to be paid by the Buyer shall be that contained In Seller's bid which Seller
I► warrants to be no higher that Seller's Current prices on orders oy others for
w products of the kind and specification covered by this agreement for similar quan-
tities under similar or like conditions and methods of purchase. In the event Seller
breaches this warranty, the prices of the items shall be reduced to the Seller's
current prices on orders by others, or in the alternative, Buyer may cancel this
contract without liability to Seller for breach or Seller's actual expense.
b. The Seller warrants that no person or selling agency has been employed or retained
to solicit or secure this contract upon an agreement or understanding tot commis.
Sion, percentage, brokerage, or contingent fee excepting bona fide employees of
bona fide established commercial or selling agencies maintained by the Seller for
the purpose of securing business. For breach or violation of this warranty the
Buyer shall have the right in addition to any other right or rights to cancel this
contract without liability and to deduct from the contract price, or otherwise re-
cover the full amount of such commission, percentage, brokerage or contingent
fee.
9. WARRANTY -PRODUCT Seller shall not limit or exclude any Implied warranties
and any attempt to do so shall render this contract voidable at the option of the Buyer.
Seller warrants that the goods furnished will conform to the specifications, drawings,
and descriptions listed in the bid Invitation, and to the sample(s) furnished by Seller,
If any. In the event of a conflict between the specifications, drawings, and descrip-
tlons, the specifications shall govern.
10. SAFETY WARRANTY Seller warrants that the product sold to Buyer shall conform to
the standards promulgated by the U.S. Department of Labor under the Occupational
Safety and Health Act of 1970. In the event the product does not conform to OSHA
standards, Buyer may return the product for correction or replacement at the Selllws
expense. In the event Seller fails to make the appropriate correction within a
reasonable time, correction made by Buyer will be at Seller's expense.
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS As part of this contract
for sale Seller agrees to ascertain whether goods manufactured In accordance with
the specifications attached to this agreement will give rise to the rightful claim of any
third person by way of Infringement or the like. Buyer makes no. warranty that the
production of goods according to the specification will not give rise to such a claim,
and In no event shall Buyer be liable to Seller for indemnification in the event that
Seller is sued on the grounds of Infringement or the like. If Seller is of the opinion that
an Infringement or the like will result, he will notify Buyer to this effect In writing with -
In two weeks after the signing of this agreement. If Buyer does not receive notice and
Is subsequently held liable for the Infringement or the like, Seller will save Buyer.,
harmless. If Seller In good faith ascertains that production of the goods in accordance
.with the specifications will result in Infringement or the like, this contract shall be null
and void.
12. RIGHT OF INSPECTION Buyer shall have the right to inspect the goods at delivery ;
before accepting Mem.
13. CANCELLATION B,rvnr shall have the right to cancel for default all or any part of
the undelivered pct tion of this order If Seller breaches any of the terms hereof Includ-
ing warranties of Seller or it the Seller becomes insolvent or commits acts of bank-
ruptcy. Such right of cancellation is In addition to and not In lieu of any other remedies
which Buyer may have In law or equity.
14. TERMINATION The performance of work under this order may be terminated In
whole, or in part by the Buyer In accordance with this provision. Termination of work
hereunder shall be effected by the delivery to the Seller of a "Notice of Termination"
specifying the extent to which performance of work under the order Is terminated and
the date upon which such termination becomes effective. Such right of termination Is
In addition to and not In lieu of the rights of Buyer set forth In Clause 13, herein.
15. FORCE MAJEURE Neither party shall be held responsible for losses, resulting if
the fulfillment of any terms or provisions of this contract Is delayed or prevented by
any cause not within the control of the party whose performance Is interefsred with,
and which by the exercise of reasonable diligence said party is unable to prevent.
16. ASSIGNMENT -DELEGATION No right or Interest In this contract shall be as-
signed or delegation of any obligation made by Seller without the written permission
of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void
and totally ineffective for all purposes unless made In conformity with this paragraph.
17. WAIVER No claim or right arising out of a breach of this contract can be dis-
charged 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.
16. INTERPRETATION -PAROL EVIDENCE This writing, plus any specifications for
bids and performance provided by Buyer in Its advertisement for bids, and any other
documents provided by Seller 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. Whenever a term defined by the Uniform
Commercial Code is used In this agreement, the definition contained in the Code Is
to control
19. APPLICABLE LAW This agreement shall be governed by the Uniform Commercial
Code. Wherever the term "Uniform Commercial Code" Is used, It shall be construed
as meaning the Uniform Commercial Code as adopted In the State of Texas as ef-
fective and in force on the date of this agreement.
20. RIGHT TO ASSURANCE Whenever one party to this 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 his 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.
21. INDEMNIFICATION Seller shall Indemnify, keep and save harmless the Buyer, Its
agents, officials and employees, against all injuries, deaths, loss, damages, claims,
patent claims, sults, liabilities, judgments, costs and expenses, which may In anywlSS
accrue against the Buyer in consequence of the granting of this Contract or which .' r
may In anywise result therefrom, whether or not It shall be alleged or determined
that the act was caused through negligence or omission of the Seller or Its employ -
sea, or of a subcontractor or assignee or Its employees, if any, and the Seller shall,at
his own expense, appear, defend and pay all charges of attorneys and all costs and
other expenses arising therefrom or incurred In connection therewith, and, if aa'y
judgment shall be rendered against the Buyer In any such action, the Seller shall; at Its r
own expenses, satisfy and discharge the same. Seller expressly understands and
agrees that any bond required by this contract, or otherwise provided by Seller, shall
In no way limit the responsibility to indemnify, keep and save harmless and defend the
Buyer as herein provided.
22. TIME It Is hereby expressly agreed and understood that time Is of the essence for
the performance of this contract, and any failure by contract to most the time specifi-
cations of this agreement will cause Seller to be In default of this agreement. '
Resolution #2023
Prepared by the State Bar of Texas for use by lawyers only.
REAL ESTATE SALES CONTRACT
M)MMMT MAM
THIS IS A CONTRACT whereby City of Lubbock
herein calie'd Seller'; s£gr�edt'o sato
1, 4 Fra.nV E: Murch1so. v- 111 Trustee____ --
herein called Buyer, who agrees to purchase, upon the terms and provisions hereof, the fol -
Lubbock County, Texas, to -wit:
lowing described real property, in its present condition, situated in , , , ,
City -of Lubbock property at 1001 Texas Avenue
being all of Lots 1, 2, 3, Block 104, Original
Townpaddition to the City of Lubbock,.Lubbock
Cpunty, Texas, being formally known as the
"Tax Office Building".
The total sales price is $ 15 �,S D _ n0 _, payable as follows: $ Al 1 r;ggh
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Any note to be executed by Buyer hereunder shall be secured by Vendor's Lien and Deed of Trust with power of sale
upon said property and with the usual,covenants and provisions as to taxes, hazard insurance, acceleration of maturity on
account of default and for attorney's fees and such note and Deed of Trust with the Trustee named by Seller, are to be upon
current forms of the State Bar of Texas or at Seller's election upon forms meeting the approval of the hereinafter named
attorneys. Unless hereinafter otherwise provided, the furnishing of such note and Deed of Trust and the recording thereof,
shall be at the expense of Buyer.
a. OWNER'S POLICY OF TITLE INSURANCE issued by
''SZlles isto furnish $uq�r t � � : I �� )
(Sfriki8ut "sr'�oir`b' Jse�' �>C c� Title Insuranc e 'Corpnrai-ion
bKx�tf4�gIxEt�cMk,
ate of
tax certificates showing
to be no delinquent
Buyer's expense, conveying g od(current taxes, insurance and rents, if and marketable to be
subject tonly to any liens to
General Warranty D
be created or assumed hereunder and the following:
id property. (Add any other exceptions that are to limit Seller's
1. Present restrictions, if any, existing against sa
warranty)
2. Existing Building and Zoning Ordinances, if any
gC4�7j�i�D6��
.s• .
If Owner's Policy of Title lnsurance,is to be furnished hereunder, the same is tome deliveFed as and when the sale is
closed, which shad be w tl�iY1 X mnnthg XXXXx_d fremoved,
date hereof unless attorneys for said Tit kl 'company _
discover objections to title, in which case sale is to be closed when objections are provided the objections are
removed within a reasonable time, which in no event shall extend beyond c; x mnnthg MXrom date hereof. It is
agreed'that-by,_the delivery o: Owner's Policy of Title Insurance (form prescribed by State Board of Insurance of the State of
Texas) under the terms. -of this contract, dated as of the date of closing and issued to Buyer in the amount of the.total sales
price, guaranteeing Buyer's'title.to be good and indefeasible subject only to the foregoing exceptions and the following:
(Strike out any that do not apply)
1. Restrictive covenants affecting the land described or referred to above
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XXXXXXxxxxx IMIMMt 3. All taxes for he current and subsequent years
all duties of the Seiler..as�-to`the sufficiency of title required hereunder shall be deemed to be fully performed by Seller;
however, Seller shall 'hot thereby be released from the warranties of his deed.
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