HomeMy WebLinkAboutResolution - 1210 - Four Documents Regarding Purchase Of Old Sears Building - 09/09/1982JCR:ci
RESOLUTION
RESOLUTION 1210 - 9/9/82
WHEREAS, the City Council of the City of Lubbock has determined that it
would be in the best interest of the citizens of the City of Lubbock to purchas
certain real property; and
WHEREAS, it is necessary that the City of Lubbock enter into certain
contractual arrangements to complete such purchase of real property as soon as
possible in order to avail itself of the opportunities presented, which matter
constitutes a matter of urgent public necessity; NOW THEREFORE:
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 the following
agreements:
1. Contract to Purchase Real Property
2. Limited Investment Agreement
3. Finance Agreement
4. Escrow Agreement
Said agreements between the City of Lubbock and American State Bank of Lubbock,
Texas, are attached hereto and shall be spread upon the minutes of the Council
and as spread upon the minutes of the Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this 9th day of September , 1982.
LL MCALIS ER, MAYOR
ATTEST:.
E elyn Ga ga, City y -Treasurer
APPROVED AS TO CONTENT.
Jim B agg, Assistant C& hanager
APPROVED AS TO FORM:
C.
hn C. Ross, Jr., City Attorney
EXCERPT FROM MINUTES
BOARD OF DIRECTORS
AMERICAN STATE BANK, LUBBOCK, TEXAS
At a meeting of the Board of Directors of American State
Bank, Lubbock, Texas, held on the 14th day of September, 1982,
the following was approved:
"RESOLVED that American State Bank, Lubbock, Texas, approve the
contract of sale of the following property to the City of Lub-
bock:
TRACT 1: A 2.56 acre tract of land out of Lot C, G. A.
-mush Addition to the City of Lubbock, Lubbock
County, Texas.
TRACT 2: Lots 8, 9 and 10, Block 1, Overton Addition,
and a part of Section 2, Block 0, Abstract 591, to
the City of Lubbock, Lubbock County, Texas.
Also, Lots 1 through 7 and the North Half of Lot 8,
Block 191, Original Town of Lubbock, Lubbock County,
Texas, and the North Half of Lot 13, and all of Lots
14, 15, 16, and 17, Block 160, Original Town of Lub-
bock, Lubbock County, Texas;
"RESOLVED FURTHER that W. R. Collier, as President of American
State Bank, or any Vice -President or cashier is authorized to
execute all contracts, deeds of conveyance, and other legal
instruments as may be necessary in connection with such sale."
I hereby certify that the above is a true and correct ex-
cerpt from the Minutes of the Board of Directors Meeting of
American State Bank, held on September 14, 1982.
(Seal) r ice President & as ier
SWORN TO AND SUBSCRIBED BEFORE ME by Joe Birdwell ,
Senior Vice President and Cashier of American State Bank, Lub-
bock, Texas, this 14th day of Octo r, 1982.
Notlry u is in and for t e
(Seal) State of Texas.
ANCILLARY INDEX
1. Assignment of Lease: S&J Oyster Bar
2. Parking Space Lease: S&J Oyster Bar
3. Assignment of Lease: Hub Business Machine Co.
4. Parking Space Lease: Hub Business Machine Co.
5. Memo: Transfer of Funds to Real Estate Purchase and Improvement Fund
6. Letter of Agreement: Texas Commerce Bank
7. Resolution: Authorizing Execution of Contract, Investment Agreement,
Finance Agreement; and Escrow Agreement
THE STATE OF TEXAS X
ASSIGNMENT OF LEASE
COUNTY OF LUBBOCK X ***********
WHEREAS, AMERICAN STATE BANK OF LUBBOCK, TEXAS is the owner of
a building situated on property legally described as follows:
All of LOTS NINE (9) and TEN (10) , BLOCK ONE (1) ,
OVERTON ADDITION to the City of Lubbock, Lubbock County,
Texas;
and
WHEREAS, AMERICAN STATE BANK OF LUBBOCK, TEXAS, as Lessor, has
entered into a lease with S & J OYSTER BAR, INC. at a monthly rental
of $475.00 and on terms and conditions as set forth in said lease
agreement; and
WHEREAS, AMERICAN STATE BANK OF LUBBOCK, TEXAS has sold the
property to THE CITY OF LUBBOCK, TEXAS, a Municipal Corporation, by
proper deed of conveyance of even date herewith, and part of the
consideration for the sale was the relinquishment of all of the
rights of said American State Bank as Lessor under the said lease.
NOW, THEREFORE, for and in consideration of the sum of TEN AND N0/100
DOLLARS ($10.00) cash in hand paid, the receipt of which is hereby
acknowledged, and for other good and valuable considerations, AMERICAN
STATE BANK OF LUBBOCK, TEXAS, the lessor and owner of the above-
mentioned lease, does hereby assign and transfer all of its rights
as Lessor thereunder to THE CITY OF LUBBOCK, TEXAS, a Municipal
Corporation.
WITNESS its hand this 18th day of October, 1982.
ATTEST:--) /2 r AMERICAN STATE BANK OF LUBBOCK, TEXAS
MIA-
miWVjIN IF
�A ��
STATE OF TEXAS X
COUNTY OF LUBBOCK X -P&
This instrument was acknowledged before me on October rg-,1982
by W. R. COLLIER, President of AMERICAN STATE BANK OF LUBBOCK, TEXAS,
a Texas banking corporation, on behalf of said corporation.
a
momIN. TIMBERUKE
Ibtm PVOi L lfbw Qw* ton
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Notary Plublic, State ot Texas
My Commission Expires
�.�. . ._._._._.__.._..__. ..._7. ... .._. ,..__....
THE STATE OF TEXAS X
COUNTY OF LUBBOCK
KNOW ALL MEN BY THESE PRESENTS:
PARKING SPACE LEASE
This Agreement of Lease made this 19th day of June
1980. by and between AMERICAN STATE BANK OF LUBBOCK, TEXAS, herein knows
as Lessor. and S & J OYSTER BAR, INC., a Texas corporation, with its
principal offices in Lubbock, Lubbock County, Texas, hereinafter known
as,Lessee;
WITNESSETH:
I .
,.*,#, !The said Lessor does by these presents lease unto the said
Lessee the following described property, to -wit:
All of Lots Nine (9) and Ten (10), Block One
(1), Overton Addition to the City of Lubbock,
Lubbock County, Texas,
said property consisting of parking spaces to be used by Lessee, its
guests, invitees, agents, customers, o f f i evrs , clients, cmi, l gyres ;_!nd
otherwise as parking space for vehicles driven by said invited
agents, customers, officers, clients, employees and otherwise on a mont
to -month basis subject to the terms and conditions affecting; terminatio
as herein set out beginning; on the 1st day of August, 1980.
II.
As rental and consideration for the use of the said premises
Lessee agrees to pay Lessor in Lubbock County, Texas FOUR HUNDRED SEVE
FIVE AND NO/100 DOLLARS ($475.00) per month payable in advance with th
first payment being; due and payable on or before the 1st day of August
1980 and a like sum being due and payable on or before the same day of
each month thereafter until this lease is terminated as provided herei
III.
This lease may be terminated by either party giving to the of
ninety (90).days written notice of such intention to terminate by
delivering; said written notice to
Lessee: S & J ovster liar, Inc.
1.636 13tH Street
Lubbock, Texas
Attn: Mr. Jack Hall.
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ANIL
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Lessor: American State Bank
1401 Avenue Q
Lubbock, Texas
Attn': Mr. Weldon Gibbs
by delivery in person or by certified mail, return receipt requested.
If the date for termination falls on any day other than the first day
of the month Lessee shall be entitled to a pro rata return of any pre-
paid Mentals.
IV.
Lessee, at its own expense, shall provide and maintain in force
during the term of this lease liability insurance in the amounts of
$100.000/$300,000/$100,000,the original of which policy shall remain in
the possession of the Lessee. The Lessee shall furnish to the Lessor a
duplicate of such policy of insurance or a certificate of insurance sho,
such coverage.
V,
Lessee agrees that it will not sublet or assign this agreement
without the prior written consent.of Lessor.. which prior written consen
shall not be unreasonably withheld.
VI.
{ The parties hereto acknowledge that there is growing shrubbery
trees and other valuable vegetation on the property hereby leased. Les
agrees to take reasonable care of the property hereby leased, but the F
hereby explicitly understand that Lessor s'all be fully responsible foe
watering, trimming, pruning and generally caring for the trees, shrubbe
and other valuable vegetation situated on the demised premises during t
term of this lease.
VII.
Lessor agrees,at its own expense,to maintain and keep the
parking lot upon the demised premises in proper, good and substantial
repair and condition and to promptly repair all holes, chug holes and
other like defects in the asphalt so that the property herein leased sl
be useful as a parking lot.
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'IN WITNESS WHEREOF
the said parties have hereunto set their
'hands the'day and year first
above written.
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LESSOR:
a� 4
Rcp "t "i ATE BANK
BY
`
._._
Weldon Sr. Vice President
„
..,
LESSEE:
S & J OYSTER BAR, INC.
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THE STATE OF TEXAS X
ASSIGNMENT OF LEASE
COUNTY OF LUBBOCK X ***********
WHEREAS, AMERICAN STATE BANK OF LUBBOCK, TEXAS is the owner of
a building situated on property legally described as follows:
All of LOT EIGHT (8), BLOCK ONE (1), OVERTON ADDITION to the
City of Lubbock, Lubbock County, Texas,•
and
WHEREAS, AMERICAN STATE BANK OF LUBBOCK, TEXAS, as Lessor, has
entered into a lease with HUB BUSINESS MACHINE COMPANY at a
rental of $200.00 per month and on terms and conditions set forth
in said lease agreement; and
WHEREAS, AMERICAN STATE BANK OF LUBBOCK, TEXAS has sold the
property to THE CITY OF LUBBOCK, TEXAS, a Municipal Corporation, by
proper deed of conveyance of even date herewith, and part of the
consideration for the sale was the relinquishment of all of the
rights of the said American State Bank as Lessor under the said lease.
NOW, THEREFORE, for and in consideration of the sum of TEN AND N0/100
DOLLARS ($10.00) cash in hand paid, the receipt of which is hereby
acknowledged, and for other good and valuable considerations, AMERICAN
STATE BANK OF LUBBOCK, TEXAS, the lessor and owner of the above
mentioned lease, does hereby assign and transfer all of its rights
as Lessor thereunder to THE CITY OF LUBBOCK, TEXAS, a Municipal
Corporation.
WITNESS its hand this 18th day of October, 1982.
ATTEST: AMERICAN STATE BANK OF LUBBOCK, TEXAS
B.y .. .
R. Collier, President
Cashier
TATE OF TEXAS X
COUNTY OF LUBBOCK X
This instrument was acknowledged before me on October 12 , 1982
by W. R. COLLIER, President of AMERICAN STATE BANK OF LUBBOCK, TEXAS,
a Texas banking corporation, on behalf of said corporation.
R•
"* CREW N.TIMBERLAKE
$Wry PW*L Ldk* tkW* Tan
acoso'"` Wft*8 ii
z?s—
Notary-Public, Stateof Texas
My Commission Expires
THE STATE OF TEXAS X
PARKING SPACE LEASE
COUNTY OF LUBBOCK X
KNOW ALL MEN BY THESE PRESENTS:
This Agreement of Lease made this day of ,
1980, by and between AMERICAN STATE BANK OF LUBBOCK, TEXAS, herein known as
Lessor, and HUB BUSINESS MACHINE COMPANY, a Texas company, with its princi-
pal offices in Lubbock, Lubbock County, Texas, hereinafter known as Lessee;
W I T N E S S E T H:
I.
The said Lessor does by these presents lease unto the said
Lessee the following described property, to -wit:
All of Lot Eight (8), Block One (1), Overton
Addition to the City of Lubbock, Lubbock County,
Texas,
said property consisting of parking spaces to be used by Lessee, its guests,
invitees, agents, customers, officers, clients, employees and otherwise as
parking space for vehicles driven by said guests, invitees, agents, custo-
mers, officers, clients, employees and otherwise on a month-to-month basis
subject to the terms and conditions affecting termination as herein set out
beginning on the lst-day of August, 1980.
II.
As rental and consideration for the use of the said premises
Lessee agrees to pay Lessor in Lubbock County, Texas, TWO HUNDRED AND N0/100
DOLLARS ($200.00) per month payable in advance with the first payment being
due and payable on or before the 1st day of August,'1980, and a like sum
being due and payable on or before the same 4'y of each month thereafter
until this lease is terminated as provided herein.
III.
This lease may be terminated by either party giving to the other
ninety (90) days written notice of such intention to terminate by deliver-
ing said written notice to
Lessee: Hub Business Machine Company
1624 - 13 Street
Lubbock, Texas 79408
Attn: Mr. L. M. Carson
Lessor: American State Bank
1401 Avenue Q
Lubbock, Texas 79408
Attn: Mr. Weldon Gibbs
by delivery in person or by certified mail, return receipt requested. If
the date for termination falls on any day other than the first day of the
month Lessee shall be entitled to a pro rata return of any pre -paid rentals.
IV.
Lessee, at its own expense, shall provide and maintain in force
during the term of this lease liability insurance in the amounts of
$100,000/$300,000/$100,000, the original of which policy shall remain in
the possession of the Lessee. The Lessee shall furnish to the Lessor a
duplicate of such policy of insurance or a certificate of insurance showing
such coverage.
V.
Lessee agrees that it will not sublet or assign this agreement
without prior written consent of Lessor, which prior written consent
shall not be unreasonably withheld. It is, however, agreed that the Lessee
may rent on a monthly basis up to, but not more than, six (6) regular
automobile parking spaces at the Southwest corner of said Lot Eight (8).
It is understood that these spaces will face into the building on the
West side of the lot.
VI.
The parties hereto acknowledge that there is growing shrubbery,
trees and other valuable vegetation on the property hereby leased. Lessee
agrees to take reasonable care of the property hereby leased, but the
parties hereby explicitly understand that Lessor shall be fully responsible
for watering, trimming, pruning and generally caring for the trees, shrubbery
and other valuable vegetation situated on the demised premises during the
term of this lease.
VII.
Lessor agrees, at its own expense, to maintain and keep the
parking lot upon the demised premises in proper, good and substantial
repair and condition and to promptly repair all holes, chug holes and
5a
other like defects in the asphalt so that the property herein leased shall
be useful as a parking lot.
IN WITNESS WHEREOF the said parties have hereunto set their
hands the day and year first above written.
LESSOR:
STATE BANK
By•�_,
Weldon t M s Sr. Vice President
LESSEE:
HUB BUSINESS MACHINE COMPANY
By: Yrn /1(,¢_
L. M. Carson President
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THE STATE OF TEXAS
COUNTY OF LUBBOCK
CITY OF LUBBOCK
I, EVELYN GAFFGA, City Secretary -Treasurer of the City
of Lubbock, Texas hereby certify that the attached document is a true
and correct copy of RESOLUTION 1210, being duly recorded in Minute
Book No. 41-A, Page , IItem of the Minutes of the
City Council dated September 9, 1982.
TO CERTIFY WHICH, witness my hand and seal
of the City of Lubbock, Texas this 16th day
of September, 1982.
(Seal)
E LYN GAF A
City Secretary -Treasurer
INDEX
1. CONTRACT TO PURCHASE REAL PROPERTY
2. FINANCE AGREEMENT
3. LIMITED INVESTMENT AGREEMENT
4. ESCROW AGREEMENT
qm . -ago
e
CONTRACT TO PURCHASE REAL PROPERTY
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUBBOCK §
THIS AGREEMENT made and entered into this 15 +('� day of
1982, by and between AMERICAN STATE BANK, LUB-
BOCK, TEXAS, herein referred to as "Seller", and CITY OF LUBBOCK,
TEXAS, herein referred to as "City";
WITNESSETH:
WHEREAS, the City Council has determined that there is a need
to secure additional office space for the operations of City govern-
ment, and
WHEREAS, the City Council has further determined that addi-
tional office space should be obtained with sufficient parking
facilities to serve the needs of both government offices and the
members of the public, and
WHEREAS, the American State Bank of Lubbock, Texas, is agree-
able to sell to the City sufficient real property to meet the needs
and requirements of the City;
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:
I.
1. Seller hereby agrees to sell and convey to City upon the
terms hereinafter set out, and agrees to convey to City by Special
Warranty Deed.good and marketable title, the real property situated
in Lubbock County; Texas as more fully described in paragraph 3 of
this Contract.
2. Seller and City agree that the consideration to be paid
for the property described in the preceding paragraph the City will
pay to Seller the sum of SEVEN HUNDRED FIFTY-ONE THOUSAND DOLLARS
($751,000.00) as the full and complete purchase price for the
property. It is agreed, however, that contemporaneously with the
execution of this Contract, the parties hereto will enter into on
even date herewith separate agreements whereby Seller will advance
the above-mentioned purchase price to City. City will escrow or
pledge money or securities in equal value to the funds advanced in
accordance with the terms of the Resolution passed by the City
Council establishing the City of Lubbock Real Estate Purchase and
Improvement Fund which fund has been established and is existing
and under the control of the City.
3. The property to be conveyed by Seller to City is more
particularly described as follows:
(a) TRACT,.1i SEARS PROPERTY
A 2.56 acre tract of land out of Lot C, G.A. Rush Ad-
dition to the City of Lubbock, Lubbock County, Texas and
being more particularly described as follows:
Beginning at a found "x" on concrete for the Northwest
corner of this tract, also being the Northwest corner of
Lot C, G.A. Rush Addition to the City of Lubbock, Lubbock
County, Texas;
Thence East, 345.0 feet to a found railroad spike, for a
corner of this tract;
Thence North, 0.6 feet to a found railroad spike, for a
corner of this tract;
Thence East, 25.0 feet to a found railroad spike, for a
corner of this tract;.
Thence South, 104..0 feet to a found railroad spike, for
a corner of this tract;
Thence East, 150.0 feet to a found "x" on concrete, for
the South -Northeast corner of this tract;
Thence South, 178.0 feet to a railroad spike, set for the
Southeast corner of this tract;
Thence West, 292.0 feet to a railroad spike, set for a
corner of this tract;
Thence North, 81.7 feet to a point on building wall, for
a corner of this tract, an "x" on concrete bears East,
0.4 feet;
Thence West, 216.0 feet to an "x" on concrete, set for a
corner of this tract;
Thence North, 27.7 feet'to an "x" on concrete, set for a
corner of this tract;
Thence West, 12.0 feet to an "x" on concrete, set for the
Southwest corner of this tract;
Thence North, 172.0 feet to the place of beginning;
Containing 2.56 acres.
(b) TRACT 2: PARKING LOT
Lots 8, 9 and 10, Block -1, Overton Addition, and a part
of Section 2, Block 0, Abstract 591, to the City of Lub-
bock, Lubbock County, Texas and being more particularly
described as follows:
IWAI
Beginning at a found 2" iron pipe, the Southwest corner
of Lot 8, Block 1, Overton Addition, for the Southwest
and beginning corner of this tract;
Thence North 0°12'11" East, 120.0 feet to a found "x" on
concrete, the Northwest corner of Lot 8, Block 1, for the
Northwest corner of this tract;
Thence South 89°46'45" East at 159.0 feet pass the North-
east corner of Lot 10, Block 1, Overton Addition, con-
tinuing for a total distance of 170.5 feet to a found
3/8" iron rod, for the Northeast corner of this tract;
Thence South 0°11'19" East, 119.95 feet to a found "x" on
concrete, for the Southeast corner of this tract;
Thence North 89'47'49" West at 12.32 feet pass the
Southeast corner of Lot 10, Block 1, Overton Addition,
continuing for a total distance of 171.32 feet to the
place of beginning;
Containing 0.4707 acres.
4. It is understood by the parties hereto that the property
described as Tract 2 above is currently under lease to a third
party which lease will be assigned to the City, said assignment to
be effective as of date of closing of this sale. It is further
understood that said lease has and will contain a 90 day cancel-
lation clause which City will be able to exercise at its discretion.
5. At the time of closing of this Contract of Sale, Seller
agrees to deliver exclusive possession to the property described in
paragraph 3 of this Agreement together with the following fully
executed documents:
(a) A Special Warranty Deed conveying good and marketable
title to the property described in paragraph 3 of this
Contract which will be subject, however, to all easements
existing onthe property, visible on the ground, or in
place underground.
(b) An Owners Title Policy on the property described in
paragraph 3, which policy will insure good and marketable
title in City and insuring the whole chain of title to
the property conveyed.
(c) A fully executed Release of any other lien or encum-
brance, if any, discovered during title examination.
Seller further agrees to bear the expense of furnishing all of
the above-mentioned documents.
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6. It is understood between the parties that City is now in
need of additional office space within which to perform the fol-
lowing governmental functions:
City Council Chamber
Data Processing
Personnel
Engineering - Traffic
Accounting
City Manager
Finance
Administrative Suite
City Secretary.
Planning
Zoning
Purchasing
Public Information
Building Inspection
Lunch Room
Mail Room
Print Shop
Conference Rooms
Training Room
Microfilming
Building Maintenance
Legal Department
and that the property which is the subject of this.Contract will be
used for the above or similar functions of the City Government. In
order to maintain the immediate area as a civic and financial
center of the community, the parties agree to consult each other if
changes in the character of use of the land and property is consid-
ered.
7. The parties hereto further agree that the property con-
veyed to City in accordance with the terms of this Contract will be
subject to the following terms and conditions:
(a) City.agrees to build and maintain a continuous fence
without openings along the south edge of the 2.56 acre
tract of land described in paragraph 2 according to the
plans and specifications attached hereto and marked
Exhibit "A" .
(b) Seller will grant such easements as necessary for trash
disposal, building maintenance, fire exits and normal
vehicular services to accommodate the property being
purchased as designated by the Seller together with all
necessary construction easements required by City in
remodeling, repairing, or renovating all buildings lo-
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cated upon the property conveyed by this Contract. In
granting these easements; however, it is understood and
agreed that no passageways will be unduly blocked by City
in such a way as will hinder the normal movement of
traffic generated by Seller's normal business activities,
however, City shall have the right to interfere with
passageways during the time necessary to complete any
construction or remodeling contemplated by the parties.
Provided, however that during normal business hours of
Seller, passageways will not be so blocked as to prohibit
use of Seller's facilities.
(c) The Parties agree that all utilities on Lot B and Lot C,
all in the G.A. Rush Addition to the City of Lubbock,
Lubbock County, Texas, (excluding Lots 1, 2, 3 and 4 of
Block 143, Original Town of Lubbock) shall be placed
underground on or before October 15, 1984 and the cost.of
placing such utilities shall be borne by the City. In
removing the aboveground utilities and placing all util-
ities underground, City shall provide adequate conduit
for future projected expansion of City and Seller on the
properties covered by the survey being Exhibit "B" ,
which future expansion will be agreed to by the parties
on or before Oct. 15, 1984.
(d) City will, under proposed plans approved by the parties
hereto, demolish the south 28 feet of the existing former
Sears Building on the property being purchased. Demo-
lition of the above area is to be completed and recon-
struction of anew south wall will be accomplished ac-
cording to the plans for the renovation of the outside of
the former Sears Building, as approved by both parties.
(e) City agrees to erect and maintain a screening wall detailed
in the attached Exhibit "C" between its property
and other properties of Seller as shown on Plans. Seller
agrees at its expense to landscape and maintain the area
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shown on this Exhibit in keeping with the character of
landscaping presently maintained by the Seller on ad-
joining properties.
(f) It is the desire of the parties that the facade of the
building will be remodeled in a character compatible with
the architecture of the Seller's adjoining properties, and
agreement on the final design shall be acceptable to
both parties.
(g) City agrees to maintain, at all times, the appropriate
parking ratio for office usage as required by the Zoning
Ordinance, at the time of execution of this Contract, in
the immediate vicinity of the former Sears Building. The
property described in paragraph 3 provides approximately
205 parking spaces which will be available for the uses
of the building herein agreed to by the City.
(h) City agrees that it will not build or expand its build-
ings or facilities in such a way or manner. that the 205
parking spaces on the property described in paragraph 3
above are lessened, save and except that such building or
expansion will be permitted if City first acquires fee
simple title to adjacent and contiguous real property
thereto and develops the same to provide the same number
of parking spaces displaced by such building or.expansion.
II.
1. Notwithstanding any agreement contained to the contrary
in this Contract it is agreed and understood that City shall be
under no obligation to undertake any repairs, renovation or re-
modeling contemplated by the parties hereto until such time as
there is available sufficient unencumbered monies in the City of
Lubbock Real Estate Purchase and Improvement Fund to cover the cost
of the improvements to be undertaken by City.
2. As soon as there exists sufficient monies available in
the City of Lubbock Real Estate Purchase and Improvement Fund to
undertake all or part of the construction required in order to
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repair, remodel or renovate the building being conveyed as a result
of this transaction the City shall notify the Seller of such fact
and Seller will advance to City the money necessary to undertake
the construction contemplated by the parties to the extent of the
unencumbered monies available in the above described fund, and City
agrees to escrow or pledge money or securities in equal value to
the funds advanced by Seller to City in accordance to the terms of
that separate agreement heretofore described in Section I, sub-
paragraph 2 of this Agreement.
3. Subject to the conditions set forth in paragraph 1,
Section II of this Contract, the parties hereto contemplate that
the construction involved in the repairs, remodeling or renovation
of the building located on Tracts 1 & 2 as described in Section I,
paragraph 3 of this Agreement shall be commenced within 12 months
of the date of closing of this transaction.
III.
1. In addition to the real property to be purchased by City
under Section I of this Agreement, Seller further agrees, as a
condition precedent to this Contract, to sell and convey to City or
to have sold and conveyed upon the terms hereinunder set out and
City agrees to purchase the following described property:
(a) Tract A:
East Half of Lots 1, 2, 3, 4 and 5, Block 160, Original
Town of Lubbock, Lubbock County, Texas
(b) Tract B:
West Half of Lots 1, 2, 3, 4 and 5, Block 160, Original
Town of Lubbock, Lubbock. County, Texas
(c) Tract C:
All of Lots 6, 7, 8, 9 and 10, Block 160, Original Town
of Lubbock, Lubbock County, Texas
(d) Tract D:
The North Half of Lot 13 and all of Lots 14, 15, 16 and
17, Block 160, Original Town of Lubbock, Lubbock County,
Texas
(e) Tract E:
Lots 1, 2, 3, 4, 5, 6, 7 and the North Half of Lot 8,
Block 191, Original Town of Lubbock, Lubbock County,
Texas
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(f) Tract F:
Lots 8, 9 and 10, Block 176, Original Town of Lubbock,
Lubbock County, Texas
2. Seller and City agree that the consideration to be paid
by City to Seller for the properties described in the preceding
paragraph shall be as follows:
(a) Tract A - $45,580.00 cash to be from current funds of
City at time of closing.
(b) Tract B - $6,350.00 cash to be paid from current funds of
the City at time of closing and the assumption by City of
an outstanding 'note payable in the amount of $17,500.00
payable in 120 monthly installments of $ 231.27 each,
which note bears interest at the rate of 10% per annum.
A copy of said note being attached hereto as Exhibit "D".
(c) Tract C - $59,000.00 cash to be paid from current funds
of City at time .of closing and the assumption by City of
an existing note payable in the amount of $100,000.00
payable in accordance with the terms thereof which note
is attached as Exhibit "E"
(d) Tract D $25,875.00 cash to be paid from current funds
of the City at the time of closing.
(e) Tract E $20,000.00 cash to be paid from current funds
of the City at the time of closing.
(f) Tract.F - $8,212.15 payable in cash from current City
funds at time of closing and the assumption by the City
of an existing promissory note in the amount of $20,407.85
payable over a 13 year period at 9% interest per annum
and payable in monthly installments as provided in said
note. A copy of said note is attached hereto as Exhibit
"F"
In every case set forth above where the City has agreed to
assume an outstanding note the City shall either escrow.or pledge
securities with Seller in an amount sufficient to retire the
obligations assumed by City. Seller agrees to enter into a sep-
arate contract of even date herewith agreeing to accept said funds
and to see that all monies due and payable on all notes assumed are
currently made from the fund pledged or escrowed with Seller.
3. Seller has purchased the property described in Section
III, paragraph l of this Contract within the last 120 days preceding
this Agreement and City as additional consideration agrees that the
purchase price designated above for each tract shall be increased
by an amount equal to Sellers cost for taxes, insurance, interest,
reasonable legal expenses, payments on notes and any other expenses
incurred by Seller in purchasing or maintaining or transferring the
property since the date of purchase plus interest on monies ad-
vanced by Seller since date of purchase. City shall pay all such
cost as set forth above from current funds of the City.
4. At the time of closing of this Contract of Sale Seller
agrees to deliver exclusive possession to the property described in
Section III, paragraph 1 of this Contract together with the fol-
lowing fully executed documents.
(a) At least a Special Warranty Deed conveying good and
marketable title to the property described in Section
III, paragraph 1 of this Contract which will be subject
however to any encumbrances assumed by City and to all
easements existing on the property, visible on the ground
or in place underground.
(b) An Owners Title Policy on the property described in
Section III, paragraph 1 of this Contract which policy
will insure.good and marketable title in the City and
insuring the whole chain of title of the property con-
veyed
(c) A fully executed Release of any other lien or encum-
brance, not mentioned above, discovered during title
examination.
5. It is agreed between the parties hereto that City is
purchasing the property described in this section for use as
-9-
supplement parking to the land and building purchased in accordance
with -Section I of this Agreement. City agrees to maintain at all
times, the property conveyed by this section as supplemental
parking in conjunction with its use of the property conveyed in
Section I of this Agreement to City. However, except as to Tracts
1 & 2 City shall have the right to erect on any of the property
used by it for parking and conveyed to it by this Contract, a
parking garage and office complex provided that such facility will
provide comparable parking for the land displaced by the facility
together with all parking legally required by the inclusion of the
office complex in said facility. Except as to Tracts 1 & 2, City
shall further have the right to dispose of any of the property
conveyed to it under this Contract which is to be used as parking
provided City acquires and provides comparable adjacent parking.
Comparable adjacent parking shall mean property within a one city
block distance from any of the property conveyed to City by this
Contract. In the event City does erect a parking garage office
complex as above provided the use of the office complex will be the
same as provided in Section I, paragraph 6 of this Contract.
IV.
1. This agreement shall be binding upon the parties, their
successors and assigns.
2. This agreement is performable in Lubbock County, Texas.
3. All representations, warranties and agreements contained
in this agreement shall survive the closing hereunder.
4. This agreement cannot be altered or amended except pur-
suant to an instrument in writing signed by all of the parties
hereto.
-10-
5. Closing shall occur on October 18, 1982 or as soon
thereafter as the parties can be ready but in no event later than
October 29, 1982.
DATED this day of 0(46 6P -T , 1982.
ATTEST:
Evelyn GAf f ga, Cit r taxy,.
AMERICAN STATE BANK,
LUBBOCK, TEXAS
I e &&'�
BY:
W.R. Collier, Presi ent
SELLER
CITY OF LUBBO, TEXAS
r
BY:
-11-
Bill McAlister, Mayor
PURCHASER
SOLIDI E2
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..
0'J .._...... ..._.._bock...__ ...._....„._.._„_......, Texas,.»__.._' July ,.. 82
For Valu _.. • __A. D.19____
pay to-.._. Glen Payi?e_ „„ » _-...„--•_._. _.._._._..promise to
..
the of ._.....even. a ...... «„usand „F ve�Himdzed ana i i oo� s ---------------------
SU=M „- _...or order,
with interest from date at the rate of.._. (199).............:„„.,.,per cent per annum, both principal and interest payable at
�_. 700 South 17th, . Slaton, Texas _____.....__............_......._ _......._.._..__
The principal of this note is payable in ........ _120.„ ........... monthly installments of $.. 231.27 .._...each .._......�._.........._
16ththe first installment being due and payable on or before the..........day of Auc, 82
and one installment to become due andpayable on or before the.....a.�t »...._ .. _...dap of each succeeding month
thereafter until the whole principal sum has been paid.
The interest on this note is payable .„�.J? ?dzea :I`wenty._(120� �mnthlY„Pay ?ts
and all past due interest and principal shall bear interest from maturity at the rate of ten per cent per annum.
- - This note is given is partial......
payment for a certain lot or parcel of land situated in
The West One-lialf (W/,2) of Lots One (1) , Two (2) , wee (3) ,
Four (4) and Five (5)JI Block One hundred Sixty (160) , Original.
Town of Lubbock, Lubbock County, Texas;
Subject to easewnts,' restrictions, and mineral reservations, if
any, appearing of record in the County Clerics Office of Lubbock
County, Texas.
this day conveyed to... Gary Bostick
by--..... Warranty Deed, with YVenclorS...Lien ___......._...„_ ....._ _._......-„»...» �...� ._.........._._ w_
and to secure the payment of same, according to the tenor hereof, a Vendor's Lien is retained in said conveyance, and is
hereby, aclmowledged; and as further security for the payment hereof, a Deed of Trust is this day given to—......_.._
........._.......__..»...,._.„.._._._..._...»_.M._._„...„._...._„._ ..... ............._....„_......._...__..Trustee, for the benefit of the holder hereof.
This note is this day given by.. Par BOStC C
as part 1
of the purchase price for. said above mentioned property; and it is understood and agreed that failure to pay
this note, or any installment 'as above promised or any interest thereon when duet shall, at the election of the bolder
of said riots, mature said note, and it shall at once become due and payable and the Vendor's Lien or Deed of Trust Lien
herein mentioned, either or both shall become subject to foreclosure proceedings as the holder may elect.
Each maker, surety or endorser hereon severally waives grace, demand, presentment, notice, protest and consents that
bale of payment may be ea -tended without notice. And it is hereby specially agreed that if this Rote is placed in the hands
of an attorney for collection, or collected by suit or through P ate or Bankrupt proceedings •_„...
,,.„,.„..,
agree to pay reasonable attorney's fees additional on the princ p and intetest-!Ben due be eon.
' ......... -------------
: .
-------------G- ►. •; ... -•..........................................................................
EXHIBIT „Dl►
,100,000.00•--,,,...... Lubbock Texas October 7
...................:.........,.._....................--..................................A. D. 19.... 82
ForValue Received..............1.................................................................................................................................................. promise to
payto .... _..... ?4I ... ??Z?L..Qow............................................................. _... or order,
.........-•.............
the sum of ... ONE„HUNDRED THOUSAND AND NO/100. :,,� DOLLARS
.................................................................................................................................._..........._ ..
with interest from date at the rate of...............�...............................per cent per annum, both principal and interest payable at
tree.t.,. .Lubbo�k�... �xa.s......_7..940 .
adanterest'.......................................................................................................
The principal/of this note is payable in ......... 12A...............monthly installments of $1.3.22...0 ...... each....in.Q1Ud D$
both principal and interest; said installments, when paid, shall be applied first to the
payment of all interest accrued to the date of such payment and the balance shall be
applied to the payment of principal thereof; .
the first installment being due and payable on or before the '...__.Z.tk1......... day of............ .............................. 19 .8 s
and one installment to become due and payable on or before the ........... 7.th.................................day of each succeeding month
thereafter until the whole principal sum has been paid.
The interest on this note is payable .......tltQllS.�3.7.y......:.iL... uz.ranw.R,.................................
maxi um legal
and all past due interest and principal shall bear interest from maturity at the rate 2$refl2pM22W per annum.
This note is given in ........... pax_t..............................payment for a certain lot or parcel of land situated in Lubbock
County, Texas, and described As follows:
LOTS 6, 7, $, 9 and 10, BLOCK 160, Original, Town of Lubbock, Lubbock
County, Texas.
PRIVILEGE IS RESERVED to prepay this note in full ox;-�-4n part on -or before it -s due
date without penalty. -
this day conveyed to .................. 5ai-ARY.. QSTICK........................
by ... _.......MOLLIE MOZELLE. POWER, a w� dow,
............................................................................................. _.....................................................
and to secure the payment of same, according to the tenor hereof, a Vendor's Lien is retained in said conveyance, and is
hereby acknowledged; and as further security for the payment hereof, a Deed of Trust is this day given to ............................
STAN..... WEAVER ._- .Trustee, for the benefit of the holder hereof.
•._._._... E............................................................_.
This note is this day given by......... GARY...B.0.TICK........................................
as part of the purchase price for said above mentioned property; and it is understood and agreed that failure to pay
this note, or any installment as above promised or any interest thereon when due, shall, at the election of the holder
of said note, mature said note, and it shall at once become due and payable and the Vendor's Lien or Deed of Trust Lien
herein mentioned, either or both shall become subject to foreclosure proceedings as the holder may elect.
Each maker, surety or endorser hereon severally waives grace, demand, presentment, notice, protest and consents that
time of payment may be extended without notice. And it is hereby specially agreed that if this Note is placed in the hands
of an attorney for collection, or collected by suit or through Probate or Bankruptcy proceedings..............I.......................,......
agree to pay reasonable attorney's fees additional on the principal and interest then due hereon.
/ („Gary Bostick ...
..............•--•-----........--..............-----........._..............................
EXHIBIT E
(Cplloo�y the State Bar of Texas for use by i_aw(' Reviewed 1.1-76.
NOTICE
To selrrt the proper arts, ill in blank .r urrs, strike out ornt
P P J J• P f prori.riuns or
V0. insert special terms constitutes the practice of law. No "standard form" can
meet all requirements.
b REAL ESTATE LIEN NOTE
$20 407.85
..._.:......................................Lubbock ....................__......, Texas, ......July._. :.._1982 ......
For value received, I, We, or either of us, as principals, promise to pay to the order of ............................................
CLAUDINE VAIL. a femesole
.................................... - ....,.--.-_-- --•-- -
....---......-------.............-•-----.......----------.._........__.._.------......---...._.._...
in the City of ...........Lubbock.................................................Lubbock............_..__. Count ....._..s, t -- s ........
- y, Texas, the sum of
•TWENTY THOUSAND FOUR HUNDRED SEVEN AND 85/100--------------------------
...........................................................................................................................................................................................
-.-...- -- - - --- --•-- - - -- Dollars ($._2_0,.4.0_7_...8.5 ..................) in legal and lawful
money of the United States of America, with interest thereon from date hereof until maturity at the rate of
..nine .................................... per cent (..... 9 ..... %) per annum; the interest payable ....... monthly..........................
matured unpaid principal and interest shall bear interest at the rate of ten per cent (10%) per annum from
date of maturity until paid.
This note is due and payable as follows, to -wit:
The principal and interest of this note are payable in 155 monthly
installments of $223.14 each, including both principal and interest.
The first installment shall be payable August 1, 1982, and a like
payment shall be made on the 1st day of each month following. A
fifteen day grace period will be allowed. If payment is not made within
this periods a late payment penalty of $20.00 will be added to the pay-
ment. This note is given in part payment for certain lots or parcels of
land situated in Lubbock County and described as follows:
Lots 8, 9 and 10 in Block 176 of the Original Town of Lubbock,
Lubbock County, Texas.
Privilege is reserved to prepay this note in full or in part on or
before its due date without penalty.
It is expressly provided that upon default in the punctual, payment of this note or any part thereof, principal
or interest, as the same shall become due and payable, the entire indebtedness secured by the hereinafter
mentioned lien shall be matured, at the option of the holder; and in the event default is made in the prompt
payment of this note when due or declared due, and the same is placed in the hands of an attorney for collec-
tion, or suit is brought on same, or the same is collected through Probate, Bankruptcy or other judicial pro-
ceedings, then the makers agree and promise to pay ten per cent (10% ) additional on the amount of principal
and interest then owing, as attorney's fees.
Each maker, surety and endorser of this note expressly waives all notices, demands for payment, presenta-
tions for payment, notices of intention to accelerate the maturity, protest and notice of protest, as to this note
and as to each, every and all installments hereof.
Payment hereof is secured by Deed of Trust of even date herewith, executed by
the undersigned to Charles Cobb, Trustee, conveying the above described
property.
C -;;
-'GARY B LCK
EXHIBIT "F"
n �
FINANCE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT made and entered into this E2 tk day of
�c,+o 1P ey 1982, by and between AMERICAN STATE BANK,
LUBBOCK, TEXAS, hereinafter referred to as "Bank", and the CITY OF
LUBBOCK, herein referred to as "City".
W I T N E S S E T H:
WHEREAS, the parties hereto on even date herewith have entered
into a Contract to Purchase Real Property wherein the Bank did
agree to sell and the City did agree to buy certain real property
in the City of Lubbock, as more fully described in said Contract,
a copy of which is attached to this Agreement as Exhibit "A" and
made a part hereof for reference purposes; and
WHEREAS, Bank has agreed to advance to City the monies nec-
essary to purchase and remodel, repair and renovate the real prop-
erty described in Section I, paragraph 3 of Exhibit "A".
NOW, THEREFORE, for and in consideration of the mutual prom-
ises, agreements, terms and conditions as hereinafter set forth and
the mutual benefits to be derived by the parties hereto, it is
agreed and understood as follows:
1. Bank shall advance to City the sum of SEVEN HUNDRED
FIFTY-ONE THOUSAND DOLLARS ($751,000.00) in the form of a bank
check at time of closing of the real property purchase as forth
in Exhibit "A" attached hereto.
2. In accordance with the provisions of Section II of the
Contract attached hereto as Exhibit "A", Bank shall advance and
deliver to City monies necessary to accomplish repairs, remodeling
or renovation to the building located upon real property conveyed
to City in accordance.with the provisions of Exhibit "A" attached
hereto. It is understood, however, that such sum of money so
advanced and delivered to City shall not exceed the total amount
of ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS ($1,800,000.00). It
is further understood that City may require Bank to advance and
deliver monies to City as hereinabove agreed on an incremental
basis as requested by City.
3.. City does hereby agree to pay Bank interest on all
monies advanced under paragraph 1 and 2 above set forth at the rate
of 12.75% per annum upon the unpaid balance due and to repay the
principal of the monies advanced in accordance with a Financial
Schedule attached hereto as Exhibit "B" and made apart of this
Agreement for all purposes, as per the terms of the attached
promissory note, marked Exhibit "C", which terms are incorporated
herein and made a part hereof as if copied in full at this point.
4. City agrees to repay Bank according to the schedule of
payments attached hereto as Exhibit "B", with all payments when
received being applied first to accrued interest and the balance,
if any, to principal.
DATED this -04 day of OCA -0 , 1982.
ATTEST:
r
e yn ga, Ci S cretary
-2-
AMERICAN STATE BANK,
LUBBOCK, TEXAS
BY: v � r
W.R. COLLIER, PRESIDEN
CITY OF LUBB
r
r
BY:
BILL McALIST R, MAYOR
CONTRACT TO PURCHASE REAL PROPERTY
STATE OF TEXAS §
COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS
THIS AGREEMENT made and entered into this, day of
1982, by and between AMERICAN STATE BANK, LUB-
BOCK, TEXAS, herein referred to as "Seller", and CITY OF LUBBOCK,
TEXAS, herein referred to as "City";
WITNESSETH:
WHEREAS, the City Council has determined that there is a need
to secure additional office space for the operations of City govern-
ment, and
WHEREAS, the City Council has further determined that addi-
tional office space should be obtained with sufficient parking
facilities to serve the needs of both government offices and the
members of the public, and
WHEREAS, the American State Bank of Lubbock, Texas, is agree-
able to sell to the City sufficient real property to meet the needs
and requirements of the City;
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:
I.
1. Seller hereby agrees to sell and convey to City upon the
terms hereinafter set out, and agrees to convey to City by Special
Warranty Deed good and marketable title, the real property situated
in Lubbock County, Texas as more fully described in paragraph 3 of
this Contract.
-- 2. Seller"and City agree that the consideration to be paid 10
for the property described in the preceding paragraph the City will
pay to Seller the sum of SEVEN HUNDRED FIFTY-ONE THOUSAND DOLLARS
'—($751;000"00) —as the full and complete purchase price for the
property. It is agreed, however, that contemporaneously with the
execution of this Contract, the parties hereto will enter into on
even date herewith separate agreements whereby Seller will advance
the above-mentioned purchase price to City. City will escrow or
pledge money or securities in equal value to the funds advanced in
/T 7� t' nt.ec— 4,5rc--*h .t7-
accordance with the terms of the Resolution passed by the City
Council establishing the City of Lubbock Real Estate Purchase and
Improvement Fund which fund has been established and is existing
and under the control of the City.
3. The property to be conveyed by Seller to City is more
particularly described as follows:
(a) TRACT 1: SEARS PROPERTY
A 2.56 acre tract of land out of Lot C, G.A. Rush Ad-
dition to the City of Lubbock, Lubbock County, Texas and
being more particularly described as follows:
Beginning at a found "x" on concrete for the Northwest
corner of this tract, also being the Northwest corner of
Lot C, G.A. Rush Addition to the City of Lubbock, Lubbock
County, Texas;
Thence East, 345.0 feet to a found railroad.spike, for a
corner of this tract;
Thence North, 0.6 feet to a found railroad spike, for a
corner of this tract;
Thence East, 25.0 feet to a found railroad spike, for a
corner of this tract;
Thence South, 104.0 feet to a found railroad spike, for
a corner of this tract;
Thence East, 150.0 feet to a found "x" on concrete, for
the South -Northeast corner of this tract;
Thence South, 178.0 feet to a railroad spike, set for the
Southeast corner of this tract;
Thence West, 292.0 feet to a railroad spike, set for a
corner of this tract;
Thence North, 81.7 feet to a point on building wall, for
a corner of this tract, an "x" on concrete bears East,
0.4 feet;
Thence West, 216.0 feet to an "x" on concrete, set for a
corner of this tract;
Thence North, 27.7 feet to an "x" on concrete, set for a
-- corner of this tract;
Thence West, 12.0 feet to an "x" on concrete, set for the
Southwest corner of this tract;
- Thence North172.O.eet to the place of beginning;
_ z
Containing 2.56 acres.
(b) TRACT 2: PARKING LOT
Lots 8, 9 and 10, Block 1, Overton Addition, and a part
of Section 2, Block 0, Abstract 591, to the City of Lub-
bock, Lubbock County, Texas and being more particularly
described as follows:
-2-
Beginning at a found k" iron pipe, the Southwest corner
of Lot 8, Block 1, Overton Addition, for the Southwest
and beginning corner of this tract;
Thence North 0°12'11" East, 120.0 feet to a found "x" on
concrete, the Northwest corner of Lot 8, Block 1, for the
Northwest corner of this tract;
Thence South 89°46'45" East at 159.0 feet pass the North-
east corner of Lot 10, Block 1, Overton Addition, con-
tinuing for a total distance of 170.5 feet to a found
3/8" iron rod, for the Northeast corner of this tract;
Thence South 0°11'19" East, 119.95 feet to a found "x" on
concrete, for the Southeast corner of this tract;
Thence North 89°47'49" West at 12.32 feet pass the
Southeast corner.of Lot 10, Block 1, Overton Addition,
continuing for a total distance of 171.32 feet to the
place of beginning;
Containing 0.4707 acres.
4. It is understood by the parties hereto that the property
described as Tract 2 above is currently under lease to a third
party which lease will be assigned to the City, said assignment to
be effective as of date of closing of this sale. I; is further
understood that said lease has and will contain a 90 day cancel-
_.
lation clause which City will be able to exercise at its discretion.
5. At the time of closing of this Contract of Sale, Seiler
agrees to deliver exclusive possession to the property described in
paragraph 3 of this Agreement together with the following fully
executed documents:
(a) A Special Warranty Deed conveying good and marketable
title to the property described in paragraph 3 of this
Contract which will be subject, however, to all easements
existing on the property, visible on the ground, or in
place underground.
--- (b) An Owners Title Policy on the property described in
paragraph 3, which policy will insure good and marketable
title in City and insuring the whole chain of title to
the prope'rty 'conveyed.
(c) A fully executed Release of any other lien or encum-
brance, if any, discovered during title examination.
Seller further agrees to bear the expense of furnishing all of
the above-mentioned documents.
-3-
e
6. It is understood between the parties that City is now in
need of additional office space within which to perform the fol-
lowing governmental functions:
City Council Chamber
Data Processing
Personnel
Engineering- Traffic
Accounting
City Manager
Finance
Administrative Suite
City Secretary
Planning
Zoning
Purchasing
Public Information
Building Inspection
Lunch Room
Mail Room
Print Shop
Conference Rooms
Training Room
Microfilming
Building Maintenance
Legal Department
and that the property which is.the subject of this Contract will be
used for the above or similar functions of the City Government. In
order to maintain the immediate area as a civic and financial
center of the community, the parties agree to consult each other if
changes in the character of use of the land and property is consid-
ered.
7. The parties hereto further agree that the property con-
veyed to City in accordance with the terms of this Contract will be
subject to the following terms and conditions: _
(a)
(b)
City agrees to build and maintain a continuous fence
without openings along the south edge of the 2.56 acre
tract of land described in paragraph 2 according to the
plans and specifications attached hereto and marked
Exhibit "A"
Seller will grant such easements as necessary for trash
-disposal lding maintenance, fire exits and normal
vehicular services to accommodate the property being
purchased as designated by the Seller together with all
necessary construction easements required by City in
remodeling,- repairing, or renovating all buildings lo-
-4-
cated upon the property conveyed by this Contract. In
granting these easements; however, it is understood and
agreed that no passageways will be unduly blocked by City
in such a way as will hinder the normal movement of
traffic generated.by Seller's normal business activities,
however, City shall have the right to interfere with
passageways during the time necessary to complete any
construction or remodeling contemplated by the parties.
Provided, however that during normal business hours of
Seller, passageways will not be so blocked as to prohibit
use of Seller's facilities.
(c) The Parties agree that all utilities on Lot B and Lot C,
all in the G.A. Rush Addition to the City of Lubbock,
Lubbock County, Texas, (excluding Lots 1, 2, 3 and 4 of
Block 143, Original Town of Lubbock) shall be placed
underground on or before October 15, 1984 and the cost of
placing such utilities shall be borne by the City. In
removing the aboveground utilities and placing all util-
ities underground, City shall provide adequate conduit
for future projected expansion of City and Seller on the
properties covered by the survey being Exhibit "B" ,
which future expansion will be agreed to by the parties
on or before Oct. 15, 1984.
(d) City will, under proposed plans approved by the parties
hereto, demolish the south 28 feet of the existing former
Sears Building on the property being purchased. Demo-
lition of the above area is to be completed and recon-
struction of a new south wall will be accomplished ac-
cording to the plans for the renovation of the outside of
the former Sears Building, as approved by both parties.
(e) City agrees to erect and maintain a screening wall detailed
in the attached Exhibit "C" between.its property
and other properties of Seller as shown on Plans. Seller
agrees at its expense to landscape and maintain the area
-5-
shown on this Exhibit in keeping with the character of
landscaping presently maintained by the Seller on ad-
joining properties.
(f) It is the desire of the parties that the facade of the
building will be remodeled in a character compatible with
the architecture of the Seller's adjoining properties, and
agreement on the final design shall be acceptable to
both parties.
(g) City agrees to maintain, at all times, the appropriate
parking ratio for office usage as required by the Zoning
Ordinance, at the time of execution of this Contract, in
the immediate vicinity of the former Sears Building. The
property described in paragraph 3 provides approximately
205 parking spaces which will be available for the uses
of the building herein agreed to by the City.
(h) City agrees that it will not build or expand its build-
ings or facilities in such a way or manner that the 205
parking spaces on the property described in paragraph 3
above are lessened,.save and except that such building or
expansion will be permitted if City first acquires fee
simple title to adjacent and contiguous real property
thereto and develops the same to provide the same number
of parking spaces displaced by such building or expansion.
II.
1. Notwithstanding any agreement contained to the contrary
in this Contract it is agreed and understood that City shall be
under no obligation to undertake any repairs, renovation or re-
modeling contemplated by the parties hereto until such time as
there is available sufficient unencumbered monies in the City of
Lubbock Real Estate Purchase and Improvement Fund to cover the cost
of the improvements to be undertaken by City.
2.. As soon as there exists sufficient monies available in
the City of Lubbock Real Estate Purchase and Improvement Fund to
undertake all or part of the construction required in order to
-6-
repair, remodel or renovate the building being conveyed as a result
of this transaction the City shall notify the Seller of such fact
and Seller will advance to City the money necessary to undertake
the construction contemplated by the parties to the extent of the
unencumbered monies available in the above described fund, and City
agrees to escrow or pledge money or securities in equal value to
the funds advanced by Seller to City in accordance to the terms of
that separate agreement heretofore described in Section I, sub-
paragraph 2 of this Agreement.
3. Subject to the conditions set forth in paragraph 1,
Section II of this Contract, the parties hereto contemplate that
the construction involved in the repairs, remodeling or renovation
of the building located on Tracts 1 & 2 as described in Section I,
paragraph 3 of this Agreement shall be commenced within 12 months
of the date of closingof this transaction.
• III.
1. In addition to the real proper-ty to be purchased by City
under Section I of this Agreement, Seller further agrees, as a
condition precedent to this Contract, to sell and convey to City or
to have sold and conveyed upon the terms hereinunder set out and
City agrees to purchase the following described property:
(a) Tract A:
East Half of ,Lots 1, 2, 3, 4 and 5, Block 160, Original
Town of Lubbock, Lubbock County, Texas -
(b) Tract B:
West Half of Lots 1, 2, 3, 4 and 5, Block 160, Original
Town of Lubbock, Lubbock County, Texas
(c) Tract C:
All of Lots 61 7, 8, 9 and 10, Block 160, Original Town
of Lubbock, Lubbock County, Texas
.(d) Tract D:
The--Nortli'_ F f `of - Lot 13 and all of Lots 14, 15, 16 and
17, Block 160; Original Town of Lubbock, Lubbock County,
Texas
(e) Tract E:
Lots 1, 2, 3, 4, 5, 6, 7 and the North Half of Lot 8,
Block 191, Original Town of Lubbock, Lubbock County,
Texas
-7-
(f) Tract F•
Lots 8, 9 and 10, Block 176, Original Town of Lubbock,
Lubbock County, Texas
2. Seller and City agree that the consideration to be paid
by City to Seller for the properties described in the preceding
paragraph shall be as follows:
(a) Tract A - $45,580.00 cash to be from current funds of
City at time of closing.
(b) Tract B - $6,350.00 cash to be paid from current funds of
the City at time of closing and the assumption by City of
an outstanding note payable in the amount of $17,500.00
payable in 120 monthly installments of $ 231.27 each,
which note bears interest at the rate of 10% per annum.
A copy of said note being attached hereto as Exhibit "D".
(c) Tract C - $59,000.00 cash to be paid from current funds
of City at time of closing and the assumption by City of
an'existing note payable_in�_the amount of $100,-000.00
payable in accordance with the terms thereof which note
is attached as Exhibit "E"
(d) Tract D - $25,875.00 cash to be paid from current funds
of the City at the time of closing.
(e) Tract E - $20,000.00 cash to be paid from current funds
of the City at the time of closing.
(f) Tract F - $8,212.15 payable in cash from current City
funds at time of closing and the assumption by the City
of an existing promissory note in the amount of $20,407.85
payable over a 13 year period at 9% interest per annum
and payable in monthly installments as provided in said
note. A copy of said note is attached hereto as Exhibit
"F"
In every case set forth above where the City has agreed to
assume an outstanding note the City shall either escrow or pledge
securities with Seller in an amount sufficient to retire the
obligations assumed by City. Seller agrees to enter into a sep-
arate contract of even date herewith -agreeing to accept said funds
and to see that all monies due and payable on all notes assumed are
currently made from the fund pledged or escrowed with Seller.
3. Seller has purchased the property described in Section
III, paragraph 1 of this Contract within the last 120 days preceding
this Agreement and City as additional consideration agrees that the
purchase price designated above for each tract shall be increased
by an amount equal to Sellers cost for taxes, insurance, interest,
reasonable legal expenses, payments on notes and any other expenses
incurred by Seller in purchasing or maintaining or transferring the
property since the date of purchase plus interest on monies ad-
vanced by Seller since date of purchase. City shall pay all such
cost as, set forth above from current funds of the City.
4. At the time of closing of this Contract of Sale Seller
agrees to deliver exclusive possession to the property described in
Section III, paragraph 1 of this Contract together with the fol-
lowing fully executed documents.
(a) At least a Special Warranty Deed conveying good and
marketable title to the property described in Section
III, paragraph 1 of this Contract which will be subject
however to any encumbrances assumed by City and to all
easements existing on the property, visible on the ground
or in place underground.
(b) An Owners Title Policy on the property described in
Section III, paragraph l of this Contract which policy
will insure good and marketable title in the City and
insuring the whole chain of title of the property con-
veyed.
(c) A fully executed Release of any other lien or encum-
brance, not mentioned above, discovered during title
examination.
5. It is agreed between the parties hereto that' City is
purchasing the property described in this section for use as
-9-
supplement parking to the land and building purchased in accordance
with Section I of this Agreement. City agrees to maintain at all
times, the property conveyed by this section as supplemental
parking in conjunction with its use of the property conveyed in
Section I of this Agreement to City. However, except as to Tracts
•1 & 2 City shall have the right to erect on any of the property
used by it for parking and conveyed to it by this Contract, a
parking garage and office complex provided that such facility will
provide comparable parking for the land displaced by the facility
together with all parking legally required by the inclusion of the
office complex in said facility. Except as to Tracts 1 & 2, City
shall further have the right to dispose of any of the property
conveyed to it under this Contract which is to be used as parking
provided City acquires and provides comparable adjacent parking.
Comparable adjacent parking shall mean property within a one city
block distance from any of the property conveyed to City by this
Contract. In the event City does erect a parking garage office
complex as above provided the use of the office complex will be the
same as provided in Section I, paragraph 6 of this Contract.
IV.
1. This agreement shall be binding upon the parties, their
successors and assigns.
2. This agreement is performable in Lubbock County, Texas.
3. All representations, warranties and agreements contained
-- in this agreement shall survive the closing hereunder.
4. This agreement cannot be altered or amended except pur-
suant to an instrument in writing signed by all of the parties
hereto .`�-
-10-
5. Closing shall occur on October 18, 1982 or as soon
thereafter as the parities can be ready but in no event later than
October 29, 1982.
DATED this day ofnG%0 6 1982.
AMERICAN STATE BANK,
LUBBOCK, TEXAS
ATTEST:
Elvelyn G ga; Cit tary
v
Q
BY:
W.R. Co ier, resi e t
SELLER
CITY OF LUBBOCK, TEXAS
BY.V7:z
Sill McA ister, Mayor-
tURCHASER
-11-
PLAT OF 5U12VEY
ON
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ton.)
4-17.591-00 Lu6bock Texas,..-- . . ....?uiy ------
--.JL D. 1982_
For Value Re4
.....»..»......_»---.prom1se to
pay to-- Payne
.... . ... . d
.. . ..... order,
evence. Usa. Five Hun ed and No 100 s ---------------------
the sum, of—M.
with interest from date at the rate of ten cent per annum, both principal and interest payable at
. .. ....... .
700 _South 17th, Slaton, Texas
The principal of this note -is payable in ....... --------- monthly installments of
* Aet:e
the first Installment being due end payable on or before the...—.16th .... L2
day of --.Aum 19 -
and one installment to become due and payable an or before the.—Ifth.- -----.day of each succeeding month
thereafter until the whole principal sum has been paid.
One Hundred T�xmty (120) =nLtbly
The interest on this note is payable ............................. ..-payments
and all past due interest and principal shall bear interest from maturity at the rate
of ten per cent per annum.
This note is given in.. -...—.P for a certain lot or parcel of land situated in
The West One -Half (W12) of Lots One (1), Wo (2), Three (3),
Four (4) and Five (5), Block One hundred Sixty (160), Original
Town of Lubbock,- Lubbock County, Texas;
Subject to easements, restrictions, -and mineral reservations, if
any, appearing of record in the County Clerics Office of Lubbock
County, Texas.
this day conveyed to... . . .... jgau -
_��tick
Warranty Deed with
by---. ......... . ........ ..........
and to secure the payment of same, according to the tenor hereof, a Vendor's Lien is retained In said conveyance, and is
hereby acknowledged; and as further security for the payment hereof, a Deed of Trust is this day given to—..— - -
for the benefit of the bolder hereof.
This note is this day given by.... ...Ga3m..Bosti -------------- --------- ... . ..... ...... . . ......... . ... . ....... . ............
as part of the purchase price. for, said above mentioned property; and it is understpod and agreed that failure, to pay
this note, or any installment as above promised or any interest thereon when due,' shall, at the election of the holder:,
of said note, mature said note, and it shall at once become due and pa) -able and the Vendor's Lien or Deed of Trust Lien
herein mentioned, either or both shall become subject to foreclosure proceedings as the holder may elect.
Each maker, surety or endorser hereon severally waives grace, demand, presentment, notice, protest and consents that
time of payment may be ea -tended without notice. And it is hereby specially agreed that if this ' Note is placed in the bands
of_an attorney for collection, -or col;-�=e&-by suit or lri6iigh Prolate or Banlau tc � proceedings ......
Ir
agree to pay reasonable attorney's fees additional on the prin p and inte s en due c
�Wd b _Xeon.
K!.t -r-n
. ..... ......
............................................................................................
EXHIBIT "D"
;....100,000.00................................................................... Lu.b.boc.k. ......... Texas ......................... Oc.t.ob.p-.r ... 7 ............. A. D. 19 ..... 82
..... .. ....... 1. ..... .. .... .. .. ..
ForValue Received .............. I ................................................................................................................................................... promise to
pay to........... MOLLI.E.-MULLE .. )P.Q A....A—Kid
.... 9.W ..................................................................... I ............. . ........... ! ....... . ... or order,
the sum of ... 2NE HUNDRED THOUSAND AND NO/100 'DOLLARS
........................................................................................................................................................................... :..>� .. DO S
10 rest interest from*date at the rate of .............................. . 7 ................. per cent per annum, both principal and interest payable at
Lubb9g.k....T.P,
a. jid ... Int. e fj�st .....1.940..._...1 . ................................................................... ..........................................
The principal/of this note is payable in ......... 12-0 ...............monthly Installments of
bottr principal and interest; said installments, when paid, shall be applied first to the
payment of all interest accrued to the date of such payment and the balance shall be
applied to the payment of principal thereof; ,
the first installment being due and payable on or before the ....... Ith ......... day of ... ........ NIQYVPlbe!: ............. : „_,.# 19_,_ 8.s
and one installment to become due and payable on or before the........... 7th .................................day of each succeeding month
thereafter until the whole principal sum has been paid.
The interest on this note is payable ....... . .......................................................... .......................
maxi um legal
and all past due interest and principal shall bear interest from maturity at thelrate z1tdLPpm per annum.
This note is given in ........... PAM...............................payment for a certain lot or parcel of land situated in Lubbock
County, Texas, and described as follows:
LOTS 6, 7, 8, 9 and 10, BLOCK.160, Original Town of Lubbock, Lubbock
County, Texas.
PRIVILEGE IS RESERVED to prepay this note in full ox' -4n part on -or' before it -S due
date without penalty.
thisday conveyed to ............. . ... MIKK. B.Q1T!9& ................................... ................................ ....................................................................
by..._._.... MOLLIE MOZELLE ]?OWER, A wj dow,
................................................................... . ......................... . .. . .. . . . . ................ . . . ..............................
and to secure the payment of same, according to the tenor hereof, a Vendor's Lien is retained in said conveyance, and is
hereby acknowledged; and as further security for the payment hereof, a Deed of Trust is this day given to ............................
STAN - .. A.. WEAVER ........... Trustee, for the benefit of the holder hereof.
. . . . .............................................................................................................
Thisnote is this day given by ............ GARY.3.05.11.a ...................................................................................................................
as part of the purchase price for said above mentioned property; and it is understood and agreed that failure to pay
this note, or any installment as above promised or any interest thereon when due, shall, at the election of the holder
of said note, mature said note, and it shall at once become due and payable and the Vendor's Lien or Deed of Trust Lien
herein mentioned, either or both shall become subject to foreclosure proceedings as the holder may elect.
Each maker, surety or endorser hereon severally waives grace, demand, presentment, notice, protest and consents that
time of payment may be extended without notice. And it is hereby specially agreed that if this Note is placed in the hands
of an attorney for collection, or collected by suit or through Probate or Bankruptcy proceedings........._... I ....................... * ......
agree to pay reasonable attorney's fees additional on the principal and interest then due hereon.
....................... ..................
EXHIBIT E
C..cpan cry the State Bar of Texas for use by Laws, on..'Retiiewcd 1-1-76.l 0 T I C E
To select the proper form,. Jill in blunk spaces, strike out forst provisions or
insert special terms constitutes the practice of law. No "standard form" can
/ f 00 meet all requirements.
REAL ESTATE LIEN NOTE
$2 0,� 4 0 7.8 5-_.•- Lubbock ........ Texas
..................................... , ......July.. :.._1982......
For value received, I, We, or either of us, as principals, promise to pay to the order of ..............................:............
•CLAUDINE VAIL=...a..feme•.sole.�.......................................................................................•--.........._..
.... ......------
in the City of ... Lubbock .:........................ ...................Lubbock......_......._....... - -..._..T.............................
- County, Texas, the sum of
TWENTY THOUSAND FOUR HUNDRED SEVEN AND 85/100----------------------------
....----•---...--•..............................................................................................................................................................
- -_- - - - -•- - - - -•- - -•- - -.- - --- - -_- - --- - - - -Dollars ($.
20.407.85
..................) in legal and lawful
money of the United States of America, with interest thereon from date hereof until maturity at the rate of
Wins .................................... per cent (.....9.....%a) per annum; the interest payable ...._.. ..........................
matured unpaid principal and interest shall bear interest at the rate of ten per cent (10%) per annum from
date of maturity until paid.
This note is due and payable as follows, to -wit:
The principal and interest of this note are payable in 155 monthly
installments of $223.14 each, including both principal and interest.
The first installment shall be payable August 1, 1982, and a like
payment shall be made on the 1st day of each month following. A
fifteen day grace period will be allowed. If payment is not made within
this periods a late payment penalty of $20.00 will be added to the pay-
ment. This note is given in part payment for certain lots or parcels of
land situated in Lubbock County and described as follows:
Lots 8, 9 and 10 in Block 176 of
Lubbock County, Texas.
Privilege is reserved to prepay this
before its due date without penalty.
the Original Town of Lubbock,
note in full or in part on or
It is expressly provided that upon default in the punctual, payment of this note or any part thereof, principal
or interest, as the same shall become due and payable, the entire indebtedness secured by the hereinafter
mentioned lien shall be matured, at the option of the holder; and in the event default is made in the prompt
payment of this note when due or declared due, and the same is placed in the hands of an attorney for collec-
tion, or suit is brought on same, or the same is collected through Probate, Bankruptcy or other judicial pro-
ceedings, then the makers agree and promise to pay ten per cent (10%) additional on the amount of principal
and interest then owing, as attorney's fees.
Each maker, surety and endorser of this note expressly waives all notices, demands for payment, presenta-
tions for payment, notices of intention to accelerate the maturity, protest and notice of protest, as to this note
and as to each, every and all installments hereof.
---Payment hereof is secured by Deed of Trust of even date herewith, executed by
the undersigned to Charles Cobb, Trustee, conveying the above described
property.
`GARY B ICK -�
EXHIBIT "F"
eA %�
EXHIBIT
"B"
FINANCING
SCHEDULE
FIN.
INT.
YEAR
MONTH
BALANCE
EXPENSE
PAYMENT
Oct.
15
$751000
Jan.
15
751000
$23938
$23938
Apr.
15
1251000
23938
23938
Jul.
15
1751000
39876
39876
1983-84
Oct.
15
2251000
55813
55813
Jan.
15
2824001
71751
93750
Apr.
15
2820266
90015
93750
Jul.
15
2816412
89896
93750
1984-85
Oct.
15
2812435
89773
93750
Jan.
15
2903331
89646
93750
Apr.
15
2902125
92544
93750
Jul.
15
2900880
92505
93750
1985-86
Oct.
15
2899596
92466
93750
Jan.
15
2898270
92425
93750
Apr.
15
2896903
92382
93750
Jul.
15
2895491
92339
93750
1986-87
Oct.
15
2894035
92294
93750
Jan.
15
2892532
92247
93750
Apr.
15
2890982
92199
93750
Jul.
15
2889382
92150
93750
1987-88
Oct.
15
2887731
92099
93750
Jan.
15
2886027
92046
93750
Apr.
15
2884270
91992
93750
Jul.
15
2882456
91936
93750
1988-89
Oct.
15
2880584
91878
93750
Jan.
15
2878653
91819
93750
Apr.
15
2876660
91757
93750
Jul.
15
2874603
91694
93750
1989-90
Oct.
15
2872481
91628
93750
Jan.
15
2870291
91560
93750
Apr.
15
2868032
91491
93750
Jul.
15
2865700
91419
93750
1990-91
Oct.
15
2863295
91344
93750
Jan.
15
2860812
91268
93750
Apr.
15
2858251
91188
93750
Jul.
15
2855607
91107
93750
1991-92
Oct.
15
2852880
91022
93750
Jan.
15
2850065
90936
93750
Apr.
15
2847161
90846
93750
Jul.
15
2844164
90753
93750
1992-93
Oct.
15
2841072
90658
93750
Jan.
15
2837881
90559
93750
Apr.
15
2834589
90457
93750
Jul.
15
2831191
90353
93750
1993-94
Oct.
15
2827686
90244
93750
Jan.
15
2827686
90132
2917818
Apr.
15
Jul.
15
$3,870,383
$6,811,383
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No Text
5d
Id
LIMITED INVESTMENT AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THIS AGREEMENT made and entered into this S_"A day of
o c+o�be-V , 1982, by and between AMERICAN STATE
BANK, LUBBOCK, TEXAS, hereinafter referred to as "Bank", and the
CITY OF LUBBOCK, hereinafter referred to as "City",
W I T N E S S E T H:
WHEREAS, City has agreed to invest certain funds specified
below with Bank, and Bank has agreed to receive said investments
and to pay interest thereon as below specified; and
WHEREAS, Bank and City desire to set forth.the terms of their
agreement so there will be no confusion concerning the same;
NOW, THEREFORE, for and in consideration of the mutual prom-
ises, agreements, terms and conditions as hereinafter set forth,
and the mutual benefits to be derived by the parties hereto, it is
agreed and understood as follows:
1. City will invest with Bank the following sums of money
on the dates specified inthe following schedule:
(a) October 15, 1982
(b) April 15, 1983
(c) July 15, 1983
(d) October 15, 1983
(e) January 15, 1984
(f) January 15, 1985
(g) October 15, 1988
TOTAL
$1,073,000.00
475,000.00
475,000.00
525,000.00
575,000.00
125,000.00
25.000.00
$3,273,000.00
City agrees that the funds invested pursuant to this Agreement
will equal or exceed by no more than $100,000.00 the amounts shown
in Exhibit "A", which is attached hereto and incorporated herein
as if copied in full at this point, during the various periods of
time indicated in Exhibit "A".
2. Bank will receive said funds specified in paragraph 1
above, and will issue certificates of deposit or other appropriate
evidence of indebtedness and will deliver such certificates of
deposit or other evidence of indebtedness to City or its desig-
nated agent or nominee.
3. The funds invested by City with Bank, specified in para-
graph 1 above, shall bear interest at the rate of 12.50% per
annum. Interest will be payable to City on the maturity date of
the certificates of deposit and other evidence of indebtedness, or
at such other dates mutually acceptable to both parties.
4. As security for all investments and deposits made by City
pursuant to this Agreement, Bank will pledge to City securities in
the form of United States Government bills, notes, certificates,
bonds, and obligations issued by an instrumentality, agency or
corporation of the United States Government, or municipal bonds of
political sub -divisions of the State of.Texas, rated "A" or better
by Moody's Investors Service, Inc., in an amount sufficient to
secure the investments and deposits in full at all times on current
market values of such securities.
5. Bank shall furnish City an itemized receipt describing
the pledged securities in detail. If at any time the pledged
securities shall exceed the total investment and deposits of City
by a substantial margin, then Bank may request withdrawal of a
specified amount of securities. All pledged securities or with-
drawal of securities will be mutually agreed upon by Bank and City.
6. At the termination of this Limited Investment Agreement,
City may leave with Bank any funds invested or deposited pursuant
to this Agreement until the maturity date of the investment.
7. This Agreement may extended by mutual agreement of the
parties.
8. This Agreement is made subject to the statutes of the
Congress of the United States and the State of Texas and subject to
the rules and regulations promulgated by the Office of the Comp-
troller of the Currency of the. United States, the Board of Gov-
ernors of the Federal Reserve System, and.the Board of Directors of
the Federal Deposit Insurance Corporation as are now in existence,
and such other statutes, rules, and regulations of these entities
as may hereafter become effective during the term of this Agree-
ment; and if this Agreement should be or become in conflict
-2-
i
with such statutes, rules and regulations, then this agreement
shall be amended to comply with such statutes, rules and regu-
lations.
DATED this (� day of 1982.
AMERICAN STATE BANK
LUBBOCK, TEXAS
ATTEST:
eyn ga, Ci Vtary
BY:
W.R. COLLIER, PRESIDENT
CITY OF LUBBOCK
r
BY::� ;0
IBILE McALISTER, MAYOR
-3-
I
� w
EXHIBIT "A"
A *..tndestnicn'f' Alreemen7
INVEST
YEAR
MONTH
BALANCE
Oct.
15
$ 914000
Jan.
15
918625
Apr.
15
1398394
Jul.
15
1877217
1983-84
Oct.
15
2374379
Jan.
15
2929829
Apr.
15
2927636
Jul.
15
2925374
1984-85
Oct.
15
2894108
Jan.
15
3015799
Apr.
15
3016293
Jul.
15
3016802
1985-86
Oct.
15
2990979
Jan.
15
2990697
Apr.
15
2990407
Jul.
15
2990107
1986-87
Oct.
15
2964375
Jan.
15
2963261
Apr.
15
2962113
Jul.
15
2960929
1987-88
Oct.
15
2936039
Jan.
15
2934041
Apr.
15
2931979
Jul.
15
2929854
1988-89
Oct.
15
2930749
Jan.
15
2928585
Apr.
15
2926353
Jul.
15
2924051
1989-90
Oct.
15
2901520
Jan.
15
2898443
Apr.
15
2895269
Jul.
15
2891996
1990-91
Oct.
15
2877953
Jan.
15
2874139
Apr.
15
2870206
Jul.
15
2866150
1991-92
Oct.
15
2859615
Jan.
15
2855228
Apr.
15
2850704
Jul.
15
2846038
1992-93
Oct.
15
2839586
Jan.
15
2841025
Apr.
15
2836057
Jul.
15
2830934
1993-94
Oct.
15
$2825651
A *..tndestnicn'f' Alreemen7
.. .rte �-- ..
ESCROW AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this i51� day of
Ocjo6P_y 1982, by and between AMERICAN STATE BANK,
LUBBOCK, TEXAS, hereinafter referred to as "Bank", and the CITY OF
LUBBOCK, herein referred to as "City".
W I T N E S S E T H:
WHEREAS, the parties hereto on even date herewith have entered
into a Contract to Purchase Real Property wherein the Bank did
agree to sell and the City did agree to buy certain real property
in the City of Lubbock, as more fully described in said Contract, a
copy of which is attached to this Agreement as Exhibit "A" and made
a part hereof for reference purposes; and
WHEREAS, Bank and City have executed a Finance Agreement in
which Bank has agreed to advance to City the monies necessary to
purchase and remodel, repair and renovate the real property de-
scribed in Section I, paragraph 3 of Exhibit "A", said Finance
Agreement being attached hereto as Exhibit "B" and incorporated
herein as if copied in full at this point; and
WHEREAS, City has agreed to place in escrow money or securi-
ties with Bank in accordance with the terms of a Resolution passed
by the City Council establishing the City of Lubbock Real Estate
Purchase and Improvement Fund, which fund is currently existing and
under the control of the City Council; and
WHEREAS, a copy of the Resolution above referred to is at-
tached hereto as Exhibit "C" and made apart hereof for reference
purposes; and
WHEREAS, contemporaneously with the execution of this Escrow
Agreement, City and Bank are entering into and executing a Limited
Investment Agreement providing for the investment of certain funds
by City with Bank, a copy of said Limited Investment Agreement
being attached to this Agreement as Exhibit "D", and made a part
hereof for reference purposes.
5d
go
NOW THEREFORE, for and in consideration of the mutual prom-
ises, agreements, terms and conditions as hereinafter set forth and
the mutual benefits to be derived by the parties hereto, it is
agreed and understood as follows:
1. In accordance with the authority set forth in Exhibit "C"
attached hereto, City does agree to escrow and Bank agrees to act
as City's escrow agent for securities purchased in accordance with
the following schedule:
(a) October 15, 1982
(b) April 15, 1983
(c) July 15, 1983
(d) October 15, 1983
(e) January 15, 1984
(f) January 15, 1985
(g) October 15, 1988
TOTAL
$1,073,000.00
475,000.00
475,000.00
525,000.00
575,000.00
125,000.00
25.000.00
$3,273,000.00
2. In accordance with the authority set forth in Exhibit "C"
attached hereto, City will purchase from Bank securities on the
dates set forth in the above schedule, all as set forth in Exhibit
"D" attached hereto.
3. It is agreed by the parties hereto that the securities
escrowed with Bank as hereinabove set forth shall be and remain the
property of the City subject -however to the following terms and
conditions:
(a) The principal of all securities and all interest earned
thereon shall be used by City for no other purpose than
to be applied to the obligation of City as set forth in
Exhibits "A" and "B" attached hereto.
(b) The Director of Finance of the City of Lubbock is hereby
authorized to release interest earned on the securities
escrowed under this Agreement or to surrender the prin-
cipal of such securities to satisfy City's obligation as
set forth in Exhibits "A" and "B" attached hereto.
(c) Bank shall notify the Director of Finance of the City of
Lubbock ten(10)days in advance of any payment coming
due in accordance with Exhibits "A" and "B" attached
hereto and shall secure his written authorization to
apply either earned interest or principal from the se-
-2-
curities in escrow to the payment of the obligation. The
Director of Finance shall promptly make such designation
and see that the obligation is met on.its due date.
(d) Bank shall keep accurate records of all monies owed by
City and all payments made by City in accordance with its
obligations set forth in Exhibits "A" and "B" attached
hereto and shall furnish City on a quarterly basis a
complete record of all such transactions.
(e) Bank shall keep all securities escrowed by City with said
Bank in safekeeping and shall supplement said list when
necessary as requested by City. Bank shall furnish City
with a receipt on all securities held by Bank under this
Agreement.
(f) Bank shall furnish the Director of Finance of the City of
Lubbock upon a quarterly basis a report showing all
interest earned upon securities deposited with Bank under
this. Escrow Agreement.
(g) This Escrow Agreement shall terminate when the City's
obligation set forth in Exhibits "A" and "B" attached
hereto has been fully satisfied, but may be continued by
mutual agreement of the parties.
(h) Any securities or monies which are held by Bank at
termination of this Escrow Agreement not utilized in
discharging City's obligation under Exhibits "A" and "B"
attached hereto shall upon termination of this Agreement
be. returned to City.
(i) City shall have the right to escrow additional securities
with Bank under the terms of this Agreement if necessary
to meet the obligation of City as set forth in Exhibits
"A" and "B" attached hereto.
(j) City agrees to pay Bank the sum of FIVE HUNDRED DOLLARS
($500.00) per year for Bank services as escrow agent.
The first payment shall be due on September 30, 1983,
-3-
and a like payment shall be due on the same date of each
year thereafter until termination of this Escrow Agree-
ment.
4. This Contract is made and entered into.in Lubbock, Texas,
and shall be construed under the laws of the State of Texas.
5. This Contract shall be binding upon the parties, their
successors or assigns.
6. This Agreement cannot be altered or amended except
pursuant to an instrument in writing signed by all parties hereto.
7. This written Contract and its exhibits contain the
entire Agreement between the parties hereto.
DATED THIS 4'A1 day of ()c 'FdbP_s' , 1982.
ATTEST:
E e yn C4ffgd, Cit S tary
AMERICAN STATE BANK,
LUBBOCK, TEXAS
4.
BY:
V.R. COLLIER, PRESlDE14T
CITY OF LUBB
r
BY.
BILL MCALISTER, MAYOR
-4-
CONTRACT TO PURCHASE REAL PROPERTY
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUBBOCK §
THIS AGREEMENT made and entered into this �� }� day of
n('+()6 p - , 1982, by and between A ERICAN STATE BANK, LUB--
.BOCK, TEXAS, herein referred to as "Seller", and CITY OF LUBBOCK,
TEXAS, herein referred to as "City";
WITNESSETH:
WHEREAS, the City Council has determined that there is a need
to secure additional office space for the operations of City govern-
ment, and
WHEREAS, the City Council has further determined that addi-
tional office space should be obtained with sufficient parking
facilities to serve the needs of both government offices and the
members of the public, and
WHEREAS, the American State Bank of Lubbock, Texas, is agree-
able to sell to the City sufficient real property to meet the needs
and requirements of the City;
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:
I.
1. Seller hereby agrees to sell and convey to City upon the
terms hereinafter set out, and agrees to convey to City by Special
Warranty Deed good and marketable title, the real property situated
in Lubbock County, Texas as more fully described in paragraph 3 of
this Contract.
2. Sellev and City agree that the consideration to be paid
for the property described in the preceding paragraph the City will
pay to Seller the sum of SEVEN HUNDRED FIFTY-ONE THOUSAND DOLLARS
($751,000:00)"as tHe—'full'and complete purchase price for the
property. It is agreed, however, that contemporaneously with the
execution of this Contract, the parties hereto will enter into on
even date herewith separate agreements whereby Seller will advance
the above -mentioned -purchase price to City. City will escrow or
pledge money or securities in equal value to the funds advanced in
accordance with the terms of the Resolution passed by the City
Council establishing the City of Lubbock Real Estate Purchase and
Improvement Fund which fund has been established and is existing
and under the control of the City.
3. The property to be conveyed by Seller to City is more
particularly described as follows:
(a) TRACT 1: SEARS PROPERTY
A 2.56 acre tract of land out of Lot C, G.A. Rush Ad-
dition .to the City of Lubbock, Lubbock County, Texas and
being more particularly described as follows:
Beginning at a found "x" on concrete for the Northwest
corner of this tract, also being the Northwest corner of
Lot C, G.A. Rush Addition to the City of Lubbock, Lubbock
County, Texas;
Thence East, 345.0 feet to a found railroad spike, for a
corner of this tract;
Thence North, 0.6 feet to a found railroad spike, for a
corner of this tract;
Thence East, 25.0 feet to a found railroad spike, for a
corner of this tract;
Thence South, 104.0 feet to a found railroad spike, for
a corner of this tract;
Thence East, 150.0 feet to a found "x" on concrete, for
the South -Northeast corner of this tract;
Thence South, 178.0 feet to a railroad spike, set for the
Southeast corner of this tract,
Thence West, 292.0 feet to a railroad spike, set for a
corner of this tract;
Thence North, 81.7 feet to a point on building wall, for
a corner of this tract, an "x" on concrete bears East,
0.4 feet;
Thence West, 216.0 feet to an "x" on concrete, set for a
corner of this tract;
Thence North, 27.7 feet to an "x" on concrete, set for a
corner' of this tract;
Thence West, 12.0 feet to an "x" on concrete, set for the
Southwest corner of this tract;
Thence North 172.0 feet to the place of beginning;
Containing 2.56 acres.
(b) TRACT.2: PARKING LOT
Lots 8, 9 and 10, Block 1, Overton Addition, and a part
of Section 2, Block 0, Abstract 591, to the City of Lub-
bock, Lubbock County, Texas and being more particularly
described'as follows:
-2-
Beginning at a found k" iron pipe, the Southwest corner
of Lot 8, Block 1, Overton Addition, for the Southwest
and beginning corner of this tract;
Thence North 0°12'11" East, 120.0 feet to a found "x" on
concrete, the Northwest corner of Lot 8, Block 1, for the
Northwest corner of this tract;
Thence South 89°46'45" East at 159.0 feet pass the North-
east corner of Lot 10; Block 1, Overton Addition, con-
tinuing for a total distance of 170.5 feet to a found
3/8" iron rod, for the Northeast corner of this tract;
Thence South 0°11'19" East, 119.95 feet to a found "x" on
concrete, for the Southeast corner of this tract;
Thence North 89°47'49" West at 12.32 feet pass the
Southeast corner of Lot 10, Block 1, Overton Addition,
continuing for a total distance of 171.32 feet to the
place of beginning;
Containing 0.4707 acres.
4. It is understood by the parties hereto that the property
described as Tract 2 above is currently under lease to a third
party which lease will be assigned to the City, said assignment to
be effective as of date of closing of this sale. It is further
understood that said lease has and will contain a 90 day cancel-
.
lation clause which City will be able to exercise at its discretion.
5. At the time of closing of this Contract of Sale, Seller
agrees to deliver exclusive possession to the property described in
paragraph 3 of this Agreement together with the following fully
executed documents:
(a) A Special Warranty Deed conveying good and marketable
title to the property described in paragraph 3 of this
Contract which will be subject, however, to all easements
existing on the property, visible on the ground, or in
place underground.
_._ (b) An Owners Title Policy on the property described in ;
paragraph 3, which policy will insure good and marketable
title in City and insuring the whole chain of title to
- -- A'=—c....__ .
"the properrT"conveyed:
(c) A fully executed Release of any other.lien or encum-
brance, if any, discovered during title examination.
Seller further agrees to bear the expense of furnishing all of
the above-mentioned documents.
-3-
6. It is understood between the parties that City is now in
need of additional office space within which to perform the fol-
lowing governmental functions:
City Council Chamber
Data Processing
Personnel
Engineering - Traffic
Accounting
City Manager
Finance
Administrative Suite
City Secretary
Planning
Zoning
Purchasing
Public Information
Building Inspection
Lunch Room
Mail Room
Print Shop
Conference Rooms
Training Room
Microfilming
Building Maintenance
Legal Department
and that the property which is the subject of this Contract will. be
used for the above or similar functions of the City Government. In
order to maintain the immediate area as a.civic and financial
center of the community, the parties agree to -consult each other if
changes in the character of use of the land and property is consid-
ered.
7. The parties hereto further agree that the property con-
veyed to City in accordance with the terms of this Contract will be
subject to the following terms and conditions:
City agrees to build and maintain a continuous fence
without openings along the south edge of the 2.56 acre
tract of land described in paragraph 2 according to the
plans and specifications attached hereto and marked
Exhibit "A"
Seller will grant such easements as necessary for trash
+
-disposal;`lding maintenance, fire exits and normal
vehicular services to accommodate the property being
purchased as designated by the Seller together with all
necessary construction easements required by City in
remodeling, -repairing, or renovating all buildings lo-
-4-
cared upon the property conveyed by this Contract. In
granting these easements; however, it is understood and
agreed that no passageways will be unduly blocked by City
in such a way as will hinder the normal movement of
traffic generated by Seller's normal business activities,
however, City shall have the right to interfere with
passageways during the time necessary to complete any
construction or remodeling contemplated by the parties.
Provided, however that during normal business hours of
Seller, passageways will not be so blocked as to prohibit
use of Seller's facilities.
(c) The Parties agree that all utilities on Lot B and Lot C,
all in the G.A. Rush Addition to the City of Lubbock,
Lubbock County, Texas, (excluding Lots 1, 2, 3 and 4 of
Block 143, Original Town of Lubbock) shall be placed
underground on or before October 15, 1984 and the cost of
placing such utilities shall be borne by the City. In
removing the aboveground utilities and placing all util-
ities underground, City shall provide adequate conduit
for future projected expansion of City and Seller on the
properties covered by the survey being Exhibit "B" ,
which future expansion will be agreed to by the parties
on or before Oct. 15, 1984.
(d) City will, under proposed plans approved by the parties
hereto, demolish the south 28 feet of the existing former
Sears Building on the property being purchased. Demo-
lition of the above area is to be completed and recon-
struction of a new south wall will be accomplished ac-
cording to the plans for the renovation of the outside of
the former Sears Building, as approved by both parties.
(e) City agrees to erect and maintain a screening wall detailed
in the attached Exhibit "C" between,its property
and other properties of Seller as shown on Plans. Seller
agrees at its expense to landscape and maintain the area
-5-
shown on this Exhibit in keeping with the character of
landscaping presently maintained by the Seller on ad-
joining properties.
(f) It is the desire*of the parties that the facade of the
building will be remodeled in a character compatible with
the architecture of the Seller's adjoining properties, and
agreement on the final design shall be acceptable to
both parties.
(g) City agrees to maintain, at all times, the appropriate
parking ratio for office usage as required by the Zoning
Ordinance, at the time of execution of this Contract, in
the immediate vicinity of the former Sears Building. The
property described in paragraph 3 provides approximately
205 parking spaces which will be available for the uses
of the building herein agreed to by the City.
(h) City agrees that it will not build or expand its build-
ings or facilities.in such a way or manner that the 205
parking spaces on the property described in paragraph 3
above are lessened, save and except that such building.or
expansion will be permitted if City first acquires fee
simple title to adjacent and contiguous real property
thereto and develops the same to provide the same number
of parking spaces displaced by such building or expansion.
II.
1. Notwithstanding any agreement contained to the contrary
in this Contract it is agreed and understood that City shall be
under no obligation to undertake any repairs, renovation or re-
modeling contemplated by the parties hereto until such time as
there is available sufficient unencumbered monies in the City of
Lubbock Real Estate Purchase and Improvement Fund to cover the cost
of the improvements to be undertaken by City.
2. As soon as there exists sufficient monies available in
the City of Lubbock Real Estate Purchase and Improvement Fund to
undertake all or part of the construction required in order to
-6-
repair, remodel or renovate the building being conveyed as a result
of this transaction the City shall notify the Seller of such fact
and Seller will advance to City the money necessary to undertake
the construction contemplated by the parties to the extent of the
unencumbered monies available in the above described fund, and City
agrees to escrow or pledge money or securities in equal value to
the funds advanced by Seller to City in accordance to the terms of
that separate agreement heretofore described in Section I, sub-
paragraph 2 of this Agreement.
3. Subject to the conditions set forth in paragraph 1,
Section II of this Contract, the parties hereto contemplate that
the construction involved in the repairs, remodeling or renovation
of the building located on Tracts 1 & 2 as described in Section I,
paragraph 3 of this Agreement shall be commenced within 12 months
of the date of closing of this transaction.
III.
1. In - addition to the real property to be purchased by City
under Section I of this Agreement, Seller further agrees, as a
condition precedent to this Contract, to sell and convey to City or
to have sold and conveyed upon the terms hereinunder set out and
City agrees to purchase the following described property:
(a) Tract A:
East Half of Lots 1, 2, 3, 4 and 5, Block 160, Original
Town of Lubbock, Lubbock County, Texas_
(b) Tract B:
West Half of Lots 1, 21, 3, 4 and 5, Block 160, Original
Town of Lubbock, Lubbock County, Texas
(c) Tract C:
All of Lots 6, 7, 8, 9 and 10, Block 160, Original Town
of Lubbock, Lubbock County, Texas
(d) Tract D:
The—Nortii f'� of ' Lot -13 and all of Lots 14, 15, 16 and
17, Block 160, Original Town of Lubbock, Lubbock County,.
Texas
(.e) Tract E:
Lots 1, 2, 3, 4, 5, 6, 7 and the North Half of Lot 8,
Block 191, Original Town of Lubbock, Lubbock County,
Texas
-7-
(f) Tract F:
Lots 8, 9 and 10, Block 176, Original Town of Lubbock,
Lubbock County, Texas
2. Seller and City agree that the consideration to be paid
by City to Seller for the properties described in the preceding
paragraph shall be as follows:
(a) Tract A - $45,580.00 cash to be from current funds of
City at time of closing.
(b) Tract B - $6,350.00 cash to be paid from current funds of
the City at time of closing and the assumption by City of
an outstanding note payable in the amount of $17,500.00
payable in 120 monthly installments of $ 231.27 each,
which note bears interest at the rate of 10% per annum.
A copy of said note being attached hereto as Exhibit "D".
(c) Tract C - $59,000.00 cash to be paid from current funds
of City at time of closing and the assumption by City of
an - exis-ting note payable in_the amount of $100 ,-000.00
payable in accordance with the terms thereof which note
is attached as Exhibit "E"
(d) Tract D - $25,875.00 cash to be paid from current funds
of the City at the time of closing.
(e) Tract E - $20,000.00 cash to be paid from current funds
of the City at the time of closing.
(f) Tract F - $8,212.15 payable in cash from current City
funds -at time of closing and the assumption by the City
of an existing promissory note in the amount of $20,407.85
payable over a 13 year period at 9% interest per annum
and payable in monthly installments as provided in said -
note. A copy of said note is attached hereto as Exhibit
"F-11
In every case set forth above where the City has agreed to
assume an outstanding note the City shall either escrow or pledge
securities with Seller in an amount sufficient to retire the
obligations assumed by City. Seller agrees to enter into a sep-
-8-
arate contract of even date herewith -agreeing to accept said funds
and to see that all monies due and payable on all notes assumed are
currently made from the fund pledged or escrowed with Seller.
3. Seller has purchased the property described in Section
III, paragraph 1 of this Contract within the last 120 days preceding
this Agreement and City as additional consideration agrees that,the
..purchase price designated above for each tract shall be increased
by an amount equal to Sellers cost for taxes, insurance, interest,
reasonable legal expenses, payments on notes and any other expenses
incurred by Seller in purchasing or maintaining or transferring the
property since the date of purchase plus interest on monies ad-
vanced by Seller since date of purchase. City shall pay all such
cost as set forth above from current funds of the City.
4. At the time of closing of this Contract of.Sale Seller
agrees to deliver exclusive possession to the property described in
Section III, paragraph 1 of this Contract together with the fol-
lowing fully executed documents.
(a) At least a Special Warranty Deed conveying good and
marketable title to the property described in Section
III, paragraph 1 of this Contract which will be subject
however to any encumbrances assumed by City and to all
easements existing on the property, visible on the ground
or in place underground.
(b) An Owners Title Policy on the property described in
Section III, paragraph 1 of this Contract which policy
will insure good and marketable title in the City and
insuring the whole chain of title of the property con-
veyed.
(c) A fully executed Release of any other lien or encum-
brance, not mentioned above, discovered during title
examination.
5. It is agreed between the parties hereto that City is
purchasing the property described in this section for use as
am
supplement parking.to the land and building purchased in accordance
with Section I of this Agreement. City agrees to maintain at all
times, the property conveyed by this section as supplemental
parking in conjunction with its use of the property conveyed in
Section.I of this Agreement to City. However, except as to Tracts
1 & 2 City shall have the right to erect on any of the property
used by it for parking and conveyed to it by this Contract, a
parking garage and office complex provided that such facility will
provide comparable parking for the land displaced by the facility
together with all parking legally required by the inclusion of the
office complex in said facility. Except as to Tracts 1 & 2, City
shall further have the right to dispose of any of the property
conveyed to it under this Contract which is to be used as parking
provided City acquires and provides comparable adjacent parking.
Comparable adjacent parking shall mean property within a one city
block distance from any of the property conveyed to City by this
Contract. In the event City does erect a parking garage office
complex as above provided the use of the office complex will be the
same as provided in Section I, paragraph 6 of this Contract.
IV.
1. This agreement shall be binding upon the parties, their
successors and assigns.
2. This agreement is performable in Lubbock County, Texas.
3. All representations, warranties and agreements contained
--- in this agreement shall survive the closing hereunder.
4. This agreement cannot be altered or amended except pur-
suant to an instrument in writing signed by all of the parties
-hereto .T.: = _�
-10-
5. Closing shall occur on October 18, 1982 or as soon
thereafter as the parties can be ready but in no event later than
October 29, 1982.
DATED.this_ day of +obi 1982.
AMERICAN STATE BANK,
LUBBOCK, TEXAS
ATTEST:
Eve yn a ga; City ecr ary
/% •
BY: �
.R. Collier, President
SELLER
CITY OF LUBBOCK, TEXAS
BY: �
-11-
Bill McAlister, Mayor
2'URCHASER -
PLAT OF 3UQVF_Y
ON
A 2.5G .' AC2E T24C7 OUT OF LOT'C",G. A• 2USu ADDITION AND LOTS 8,c), IO
BLOC1_/ 1', 0VE2TON.A0VlTlN ANDA PART OF SECTION 2', 8L'OCV 0 • '
A55TP-ACT _59 ,TO THE CITY._ OF• LUBBOCK-, LUBWC14 COUNTY , TEXAS
ON Cot • 5 b v' 4L' C 5' E PD. iy ROD
170.5 Q- I Z'
5f3' 53 �1�53' _ uu
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1 z=FI tim
CUT
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July
» ._.. _.._....._..., Ters,...__./�,_._. Y-___.__.-----..1�. D. 1982
For Value Rec
Pa y to__ Glen Payne __.. to
the sum of�._.��`E—____ 1 usand Five Himdred .and No/100'�s-=---==-==--- =----- _.. or order,
with interest from date at the rat •• '' t�2 �10'/,�_
a oma_ cent per annum, both principal and interest. payable at
__.. 700 South 17th, Slaton,MTexas
The principal of this note is payable in._..»._12Q..., .,,,,,.•.monthly installments of �.. _._....:.... _. _.each
the first installment being due emd payable on or before the— __16th.-Azy of ATUE, St _ 82
and one Installment to become due and payable on or before the --16th.. ___...day of each succeeding month
thereafter until the whole principal sum has been paid.
The interest on this note is payable _.._9l1e..? unfired ty,•,�120� _m�nthl_y pawents
and all past due interest and principal shall bear interest from maturity at the rate of ten per cent per annum.
This note is given in_p?Kt a?j- ...,,_._••_,,,,payment for a certain lot or parcel of land situated in
The West One -Half (IAT/2) of Lots One (1), Two (2), Three (3),
Four (4) and Five (S), Block One Hundred Sixty (160), Original
To;,nn of Lubbock, Lubbock County, Texas;
Subject to easements, restrictions, and mineral reservations, if
any, appearing of record in the County Cleiks Office of Lubbock
County, Texas.
this day conveyed to. _Gary Bostick.
by- WarrantyDeed with _Vendor's Lien._.»_._. _._.__.._.._
and to secure the payment of same, according to the tenor hereof, a Vendor's Lien is retained in said conveyance, and is
hereby aelmowledged; and as further security for the payment hereof, a Deed of Trust is this day given to
—•-•-...._._.......___.__._..._._._...__.... _......__...._.......,Trustee, for the benefit of the holder hereof.
This note is this day given by.... . Gary Bostick.
as part of the purchase price for. said above mentioned property and it is understpod�and agreed that failure to pay
this note, or any installment Zs above promised or any interest thereon when due, shall, at the election of the bolder;
of said note, mature said note, and it shall at once becomeLi
due and payable and the Vendor's Lien or Deed of Trust ea
herein rceniioned, either or both shall become subject to foreclosure proceedings as the holder may elect.
Each mzber, surety or endorser hereon severally waives grace, demand, presentment, notice, protest and consents that
time of payment may be extended without notice. And it is hereby specially agreed that if this Note is placed it the hands
of bn attorney for collection, -0r collrrted by suit or through P aie or Banl�upppppptcy pToceedin�*s„_,„ .___—,,,,,
agree to pay -reasonable attorney's fees additional on the pain 'p and in
Bang§ due be eon.
v..................................._..__..._..».....».».... »
1f
Nil K
1Q01000.00................................................................... Lubbock .., Teaa:
.................
D. 19.....82
ForValue Received............. I......... .......................................................................
pay to........... MQ.E.... 2ELL..RCR.%...��...widoy.�
;;romise to
.....................................
the sum of... ONE... HUNDRED TROUSAND AND N0/100.
or order,
................ ................ :............................... .
with interest from date at the rate of............... 1'0............................. per cent per :,.n,;:.-
:COLLARS
.n:.;:_
-15-12
ISS :,15 h„$ -deet:-,-Lubbock,;,leas•„ 79401
...............
_payable at
a d I t7dti st
The
.....................
princig of this note is payable in......12.0...............monthly installments c.f
�� l?diT►$
both- principal and interest,; said installments, when paid,
:=�rst to the
payment of all interest accrued to the date of such payment L
:mall be
applied to the payment of principal thereof;
the first installment being due and payable on or before the ....... 7-th........ of
$ s
.day ............
and one installment to become due and payable on or before the...........7..th
- ----- , 19
.....................
:•cding month
thereafter until the whole principal sum has been paid.
The interest on this note is payable.......IItRx1C.}..y,...a_;_:.t.s3.t�tL�R,..................
.........................
and all past due interest and principal shall bear interest from maturity at theIrrate ZI:
_
,r.
This note is given in........... part .._..........................payment for a certain lot or parce:
7 ubbock
County, Texas, and described as follows:
LOTS 6, 7, B, 9 and 10, BLOCK,160, Original Town of Lu.'l
County, Texas.
PRIVILEGE IS RESERVED to prepay this note. in full oz~sn part c
due
date without penalty.
this day conveyed to...................QARY,.BQS,TICK
..............................................
b MOLLIE MOZELLE. POWER, A widow
y..................._....._......._......--......._..........._. ......................'. _..._.........................................................
................
and to secure the payment of same, according to the tenor hereof, a Vendor's Lien is :
.ince, and is
hereby acknowledged; and as further security for the payment hereof, a Deed of Trust
STAN . A. WEAVER
.... I................
.........-•-•.............•.............................---.....................................................................................Trustee, :
cider hereof.
This note is this day given by ............
................................
as art of the purchase "s and rs
P P price for said above mentioned property; and it is undeisto
this note, or any installment as above promised or any interest thereon when due S'
-'”'""""'"""""'"
•." ure to pay
of said note, mature said note, and it shall at once become due and payable and the ,
herein mentioned, either or both shall become subject to foreclosure
the «older
V
Trus Lien
proceedings
gs as th
Each maker, surety or endorser hereon severally waives grace, demand, presentme2:
time of payment may be extended without notice. And it is hereby
consents that
specially agreed that
a the hands
of an attorney for collection, or collected by suit or through Probate or Bankruptcy pr
agree to pay reasonable attorney's fees additional on the principal and interest then duo
/�� Gary„ostick „
........................................
EXHIBIT E
Cepay; the State Bar of Texas for axe by t_nw}'c,. Reviewed 1.1.76.
N0 T I C E To scf, Thr proper form, Jill itt blank tparrs, strike m.. nrnt prurisiomt W
v0 (' insert special terms constitutes the practice of law, No "standard form" can
(� G �� meet all requirements.
!� REAL ESTATE LIEN DOTE
520,407- 85.,-.•
....... -............. Texas
Lubbock July. 1982
.........., ...... :.._ ............
For value received, I, We, or either of us, as principals, promise to pay to the order of............................................
-CLAU..INE_-VAILs...a feme, sole.:......:.............................................
_.......................................................................
in the City of ...........Lubbock....................... ...........:.........._.. Lubbock
...................._...........................................
County, Texas, the sum of
TWENTY.,THOUSAND„FOUR-HUNDRED•SEVEN.AND-.85/140--_--------------:-----------
.- - - -.- -.- -.- - - .......................................... ..`....Dollars ($..2 0 x 4 0 7...8 5...................) in legal and lawful
money of the United States of America, with interest thereon from date hereof until maturity at the rate of
..nine................................... per cent (....4.....%) per annum; the interest payable ....... monthlY.......................... .
matured unpaid principal and interest shall bear interest at the rate of ten per cent (10%) per annum from
date of maturity until paid.
This note is due and payable as follows, to-wit:
The principal and interest of this note are payable in 155 monthly
installments of $223.14 each, including both principal and interest.
The first installment shall be payable August 1, 1982, and a like
payment shall be made on the 1st day of each month following. A
fifteen day grace period will be allowed. If payment is not made within
this periods a late payment penalty of $20.00 will be added to the pay-
ment. This note is given in part payment for certain lots or parcels of
land situated in Lubbock County and described as follows:
Lots 8, 9 and 10 in Block 176 of the Original Town of Lubbock,
Lubbock County, Texas.
Privilege is reserved to prepay this note in full or in part on or
before its due date without penalty.
It is expressly provided that upon default in the punctual, payment of this note or any part thereof, principal
or interest, as the same shall become due and payable, the entire indebtedness secured by the hereinafter
mentioned lien shall be matured, at the option of the holder; and in the event default is made in the prompt
payment of this note when due or declared due, and the same is placed in the hands of an attorney for collec-
tion, or suit is brought on same, or the same is collected through Probate, Bankruptcy or other judicial pro-
ceedings, then the makers agree and promise to pay ten per cent (10% ) additional on the amount of principal
and interest then owing, as attorney's fees, t'
Each maker, surety and endorser of this note expressly 'waives all notices, demands for payment, presenta-
tions for payment, notices of intention to accelerate the maturity, protest and notice of protest, as to this note
and as to each, every and all installments hereof.
—Paymenthereof is secured by Deed of Trust of even date herewith, executed by y
the undersigned to Charles Cobb, Trustee, conveying the above described
property.
• GA B I .
EXHIBIT "F”
5d
THE STATE OF TEXAS
COUNTY OF LUBBOCK
FINANCE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
§
THIS AGREEMENT made and entered into thist day of
1982, by and between AMERICAN STATE BANK,
LUBBOCK, TEXAS, hereinafter referred to as "Bank"., and the CITY OF
LUBBOCK, herein referred to as "City".
W I T N E S S E T H:
WHEREAS, the parties hereto on even date herewith have entered
into a Contract to Purchase Real Property wherein the Bank did
agree to sell and the City did agree to buy certain real property
in the City of Lubbock, as more fully described in said Contract,
a copy of which is attached to this Agreement as Exhibit "A" and
made a part hereof for reference purposes; and
WHEREAS, Bank has agreed to advance to City the monies nec-
essary to purchase and remodel, repair and renovate the real prop-
erty described in Section I, paragraph 3 of Exhibit "A".
NOW, THEREFORE, for and in consideration of the mutual prom-
ises, agreements, terms -and conditions as hereinafter set forth and
the mutual benefits to be derived by the parties hereto, it is
agreed and understood as follows:
1. Bank shall advance to City'the sum of SEVEN HUNDRED
FIFTY-ONE THOUSAND DOLLARS ($751,000.00) in the form of a bank
check at time of closing of the real property purchase as set forth
in Exhibit "A" attached hereto.
2. In accordance with the provisions of Section II of the
Contract attached hereto as Exhibit "A", Bank shall advance and
deliver to City monies necessary to accomplish repairs, remodeling
or renovation to the building located upon real property conveyed
to City in accordance with the provisions of Exhibit "A" attached
hereto. It is understood, however, that such sum of money so
advanced and delivered to City shall not exceed the total amount
. �'i� %�1 � �" � • � LCseroe,J .A5 r r c,n ewY-
ro°
of ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS ($1,800,000.00). It
is further understood that City may require Bank to advance and
deliver monies to City as hereinabove agreed on an incremental
basis as requested by City..
3.. City does hereby agree to pay Bank interest on all
monies advanced under paragraph 1 and 2 above set forth at the rate
.of 12.75% per annum upon the unpaid balance due and to repay the
principal of the monies advanced.in accordance with a Financial
Schedule attached hereto as Exhibit "B" and made a part of this
Agreement for all purposes, as per the terms of the attached
promissory note, marked Exhibit "C", -which terms are incorporated
herein and made a part hereof as if copied in full at this point.
4. City agrees to repay Bank according to the schedule of
payments attached hereto as Exhibit "B", with all payments when
received being applied first to accrued interest and the balance,
if any, to principal.
DATED this J� day of (�Gt06�,�"" 1982.
ATTEST:
e yn ga, City Se ary
-2-
AMERICAN STATE BANK,
LUBBOCK, TEXAS
BY: ,
W.R. COLLIER, PRESIDENT
CITY OF LUBBOCK
r
v
BY
BILL MCALISTER, MAYOR
CONTRACT TO PURCHASE REAL PROPERTY
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUBBOCK §
THIS AGREEMENT made and entered into this day of
1982, by and between AMERICAN STATE BANK, LUB-
BOCK, TEXAS, herein referred to as "Seller", and CITY OF LUBBOCK,
TEXAS, herein referred to as "City";
WITNESSETH:
WHEREAS, the City Council has determined that there is a need
to secure additional office space for the operations of City govern-
ment, and
WHEREAS, the City Council has further determined that addi-
tional office space should be obtained with sufficient parking
facilities to serve the needs of both gavernment offices and the
members of the public, and
WHEREAS, the American State Bank of Lubbock, Texas, is agree-
able to sell to the City sufficient real property to meet the needs
and requirements of the City;
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:
I.
1. Seller hereby agrees to sell and convey to City upon the
terms hereinafter set out, and agrees to convey to City by Special
Warranty Deed good and marketable title, the real -property situated
in Lubbock County, Texas as more fully described in paragraph 3 of
this Contract.
2. Seller and City agree that the consideration to be paid y
for the property described in the preceding paragraph the City will
pay to Seller the sum of SEVEN'HUNDRED FIFTY-ONE THOUSAND DOLLARS ,
--($751-000:00)--as th!e'till grid complete purchase price for the
property. It is agreed, however, that contemporaneously with the
execution of this Contract, the parties hereto will enter into on
even date herewith separate agreements whereby Seller will advance
the above-mentioned purchase price to City. City will escrow or
pledge money or securities in equal value to the funds advanced in
A 7$ Aline, /;�reeMex f
accordance with the terms of the Resolution passed by the City
Council establishing the City of Lubbock Real Estate Purchase and
Improvement Fund which fund has been established and is existing
and under the control of the City.
3. The property to be conveyed by Seller to City is more
particularly described as follows:
(a) TRACT 1: SEARS PROPERTY
A 2.56 acre tract of land out of Lot C, G.A. Rush Ad-
dition to the City of Lubbock, Lubbock County, Texas and
being more particularly described as follows:
Beginning at a found "x" on concrete for the Northwest
corner of this tract, also being the Northwest corner of
Lot C, G.A. Rush Addition to the City of Lubbock, Lubbock
County, Texas;
Thence East, 345.0 feet to a found railroad.spike, for a
corner of this tract;
Thence North, 0.6 feet to a found railroad spike, for a
corner of this tract;
Thence East, 25.0 feet to a found railroad spike, for a
corner of this tract;
Thence South, 104.0 feet to a found railroad spike, for
a corner of this tract;
Thence East, 150.0 feet to a found "x" on concrete,_for
the South -Northeast corner of this tract;
Thence South, 178.0 feet to a railroad spike, set for the
Southeast corner of this tract;
Thence West, 292.0 feet to a railroad spike, set for a
corner of this tract;
Thence North, 81.7 feet to a point on building wall, for
a corner of this tract, an "x" on concrete bears East,
0.4 feet;
Thence West, 216.0 feet to an "x" on concrete, set for a
corner of this tract;
Thence North, 27.7 feet to an "x" on concrete, set for a
corner of this tract;
-A-
Thence
s
Thence West, 12.0 feet to an "x" on concrete, set for the
Southwest corner of this tract;
Thence North 172.0 feet to the place of beginning;
Containing 2.56 acres.
(b) TRACT -2: PARKING LOT
Lots 8, 9 and 10, Block 1, Overton Addition, and a part
of Section 2, Block 0, Abstract 591, to the City of Lub-
bock, Lubbock County, Texas and being more particularly
described as follows:
-2-
Beginning at a found k" iron pipe, the Southwest corner
of Lot 8, Block 1, Overton Addition, for the Southwest
and beginning corner of this tract;
Thence North 0°12'11" East, 120.0 feet to a found "x" on
concrete, the Northwest corner of Lot 8, Block 1, for the
Northwest corner of this tract;
Thence South 89°46'45" East at 159.0 feet pass the North-
east corner of Lot 10, Block 1, Overton Addition, con-
tinuing for a total distance of 170.5 feet to a found
3/8" iron rod, for the Northeast corner of this tract;
Thence South 0°11'19" East, 119.95 feet to a found "x" on
concrete, for the Southeast corner of this tract;
Thence North.89°47'49" West at 12.32 feet pass the
Southeast corner of Lot 10, Block 1, Overton Addition,
continuing for a total distance of 171.32 feet to the
place of beginning;
Containing 0.4707 acres.
4. It is understood by the parties hereto that the property
described as Tract 2 above is currently under lease to a third
party which lease will be assigned to the City, said assignment to
be effective as of date of closing of this sale. It is further
understood that said lease has and will contain a 90 day cancel-
lation clause which City will be able to exercise at its discretion.
5. At the time of closing of this Contract of Sale, Seller
agrees to deliver exclusive possession to the property described in
paragraph 3 of this Agreement together with the following fully
executed documents:
(a) A Special Warranty Deed conveying good and marketable
title to the property described in paragraph 3 of this
Contract which will be subject, however, to all easements
existing on the property, visible on the ground, or in
place underground.
– — (b) An Owners Title Policy on the property described in
paragraph 3, which policy will insure good and marketable
title in City and insuring the whole chain of title to
the property conveyed.
(c) A,fully executed Release of any other-lien.or encum-
brance, if any, discovered during title examination.
Seller further agrees to bear the expense of furnishing all of
the above-mentioned documents.
-3-
6. It is understood between the parties that City is now in
need of additional office space within which to perform the fol-
lowing governmental functions:
City Council Chamber
Data Processing
Personnel
Engineering - Traffic
Accounting
City Manager
Finance
Administrative Suite
City Secretary
Planning
Zoning
Purchasing
Public Information
Building Inspection
Lunch Room
Mail Room
Print Shop
Conference Rooms
Training Room
Microfilming
Building Maintenance
Legal Department
and that the property which is.the subject of this Contract will. be
used for the above or similar functions -of the City Government. In
order to maintain the immediate area as a civic and financial
center of the community, the parties agree to consult each other if
changes in the character of use of the land and property is consid-
ered.
7. The parties hereto further agree that the property con-
veyed to City in accordance with the terms of this Contract will be
subject to the following terms and conditions: -
(a) City agrees to build and maintain a continuous fence
without openings along the south edge of the 2.56 acre
tract of land described in paragraph 2 according to the
plans and specifications attached hereto and marked
Exhibit "A"
(b) Seller will grant such easements as necessary for trash
-disposal; '&mlding maintenance, fire exits and normal
vehicular services to accommodate the.property being
purchased as designated by the Seller together with all
necessary construction easements required by City in
remodeling,- repairing, or renovating all buildings lo -
U -45
r"'1
cated upon the property conveyed by this Contract. In
granting these easements; however, it is understood and
agreed that no passageways will be unduly blocked by City
in such a way as will hinder the normal movement of
traffic generated by Seller's normal business activities,
however, City shall have the right to interfere with
passageways during the time necessary to complete any
construction or remodeling contemplated by the parties.
Provided, however that during normal business hours of
Seller, passageways will not be so blocked as to prohibit
use of Seller's facilities.
(c) The Parties agree that all utilities on Lot B and Lot C,
all in the G.A. Rush Addition to the City of Lubbock,
Lubbock County, Texas, (excluding Lots 1, 2, 3 and 4 of
Block 143, Original Town of Lubbock) shall be placed
underground on or before October -15, 1984 and the cost of
placing such utilities shall be borne by the City. In
removing the aboveground utilities and placing all util-
ities underground, City shall provide adequate conduit
for future projected expansion of City and Seller on the
properties covered by the survey being Exhibit "B" ,
which future expansion will be agreed to by the parties
on or before Oct. 15,1984.
(d) City will, under proposed plans approved by the parties
hereto, demolish the south 28 feet of the existing former
Sears Building on the property being purchased. Demo-
lition,of the above area is to be completed and recon-
struction of a new south wall will be accomplished ac-
cording to the plans for the renovation of the outside of
the former Sears Building, as approved by both parties.
(e) City agrees to erect and maintain a screening wall detailed
in the attached Exhibit "C" between:its property
and other properties of Seller as shown on Plans. Seller
agrees at its expense to landscape and maintain the area
-5-
shown on this Exhibit in keeping with the character of
landscaping presently maintained by the Seller on ad-
joining properties.
(f) It is the desire. -of the parties that the facade of the
building will be remodeled in a character compatible with
the architecture of the Seller's adjoining properties, and
agreement on the final design shall be acceptable to
both parties.
(g) City agrees to maintain, at all times, the appropriate
parking ratio for office usage as required by the Zoning
Ordinance, at the time of execution of this Contract, in
the immediate vicinity of the former Sears Building. The
property described in paragraph 3 provides approximately
205 parking spaces which will be available for the uses
of the building herein agreed to by the City.
(h) City agrees that it will not build or expand its build-
ings or facilities in such a way or manner that the 205
parking spaces on the property described in paragraph 3
above are lessened, save and except that such building or
expansion will be permitted if City first acquires fee
simple title to adjacent and contiguous real property
thereto and develops the same to provide the same number
of parking spaces displaced by such building or expansion.
II.
1. Notwithstanding any agreement contained to the contrary
in this Contract it is agreed and understood that City shall be
under no obligation to undertake any repairs, renovation or re-
modeling contemplated by the parties hereto until such time as
there is available sufficient unencumbered monies in the City of
Lubbock Real Estate Purchase and Improvement Fund to cover the cost
of the improvements to be undertaken by City.
2. As soon as there exists sufficient monies available in
the City of Lubbock Real Estate Purchase and Improvement Fund to
undertake all or part of the construction required in order to
repair, remodel or renovate the building being conveyed as a result
of this transaction the City shall notify the Seller of such fact
and Seller will advance to City the money necessary to undertake
the construction contemplated by the parties to the extent of the
unencumbered monies available in the above described fund, and City
agrees to escrow or pledge money .or securities in equal value to
the funds advanced by Seller to City in accordance to the terms of
that separate agreement heretofore described in Section I, sub-
paragraph 2 of this Agreement.
3. Subject to the conditions -set forth in paragraph 1,
Section II of this Contract, the parties hereto contemplate that
the construction involved in the repairs, remodeling or renovation
of the building located on Tracts 1 & 2 as described in Section I,
paragraph 3 of this Agreement shall be commenced within 12 months
of the date of closing of this transaction.
1. In addition to the real proper-ty to be purchased by City
under Section I of this Agreement, Seller further agrees, as a
condition precedent to this.Contract, to _sell and convey to City or
to have sold and conveyed upon the terms hereinunder set out and
City agrees to purchase the following described property:
(a) Tract A:
East Half of Lots 1, 2, 3, 4 and 5, Block 160, Original
Town of Lubbock, Lubbock County, Texas_
(b) Tract B:
West Half of Lots 1, 2, 3, 4 and 5, Block 160, Original
Town of Lubbock, Lubbock County, Texas
(c) Tract C:
All of Lots 6, 7, 8, 9 and 10, Block 160, Original Town
of Lubbock, Lubbock County, Texas
(d) Tract D•
The -North=-'riaif of Lot 13 and all of Lots 14, 15, 16 and
17, Block 160, Original Town of Lubbock, Lubbock County,
Texas
(.e) Tract E:
Lots 1, 2, 3, 4, 5, 6, 7 and the North Half of Lot 8,
Block 191, Original Town of Lubbock, Lubbock County,
Texas
-7-
(f) Tract F:
Lots 8, 9 and 10, Block 176, Original Town of Lubbock,
Lubbock County, Texas
2. Seller and City agree that the consideration to be paid
by City to Seller for the properties described in the preceding
paragraph shall be as follows:
(a) Tract A - $45,580.00 -cash to be from current funds of
City at time of closing.
(b) Tract B - $6,350.00 cash to be paid from current funds of
the City at time of closing and the assumption by City of
an outstanding note payable in the amount of $17,500.00
payable in 120 monthly installments of $ 231.27 each,
which note bears interest at the rate of 10% per annum.
A copy of said note being attached hereto as Exhibit "D".
(c) Tract C - $59,000.00 cash to be paid from current funds
of City at time of closing and the assumption by City of
an" existing note payable -in=the amount of $100,7000..00
payable in accordance with the terms thereof which note
is attached as Exhibit "E"
(d) Tract D - $25,875.00 cash to be paid from current funds
of the City at the time of closing.
(e) Tract E $20,000.00 cash to be paid from current funds
of the City at the time of closing.
(f) Tract F - $8,212.15 payable in cash from current City
funds at time of closing and the assumption by the City
of an existing promissory note in the amount of $20,407.85
payable over a 13 year period at 9% interest per annum
and payable in monthly installments as provided in said
note. A copy of said note is attached hereto as Exhibit
.. F.,
In every case set forth above where the City has agreed to
assume an outstanding note the City shall either escrow or pledge
securities with Seller in an amount sufficient to retire the
obligations assumed by City. Seller agrees to enter into a sep-
-8-
i
arate contract of even date herewith -agreeing to accept said funds
and to see that all monies due and payable on all notes assumed are
currently made from the fund pledged or escrowed with Seller.
3. Seller has purchased the property described in Section
III, paragraph 1 of this Contract within the last 120 days preceding
this Agreement and City as additional consideration agrees that the
purchase price designated above for each tract shall be increased
by an amount equal to Sellers cost for taxes, insurance, interest,
reasonable legal expenses, payments on notes and any other expenses
incurred by Seller in purchasing or maintaining or transferring the
property since the date of purchase plus interest on monies ad-
vanced by Seller since date of purchase. City shall pay all such
cost as set forth above from current.funds.of the City.
4. At the time of closing of this Contract of Sale Seller
agrees to deliver exclusive possession to the property described in
Section III, paragraph 1 of this Contract together with the fol-
lowing fully executed documents.
(a) At least a Special Warranty Deed conveying good and
marketable title to the property described in Section
III, paragraph 1 of this Contract which will be subject
however to any encumbrances assumed by City and to all
easements existing on the property, visible on the ground
or in place underground.
(b) An Owners Title Policy on the property described in
Section III, paragraph 1 of this Contract which policy,
will insure good and marketable title in the City and
insuring the whole chain of title of the property con-
veyed.
(c) A fully executed Release of any other lien or encum-
brance, not mentioned above, discovered during title
examination.
5. It is agreed between the parties hereto that City is
purchasing the property described in this section for use as
ME
supplement parking to the land and building purchased in accordance
with Section I of this Agreement. City agrees to maintain at all
times, the property conveyed by this section as supplemental
parking in conjunction with its'use of the property conveyed in
Section I of this Agreement to City. However, except as to Tracts
1 & 2 City shall have the right to erect on any of the property
used by it for parking and conveyed to it by this Contract, a
parking garage and office complex provided that such facility will
provide comparable parking for the land displaced by the facility
together with all parking legally required by the inclusion of the
office complex in said facility. Except as to Tracts 1 & 2, City
shall further have the right to dispose of any of the property
conveyed to it under this Contract which is to be used as parking
provided City acquires and provides comparable adjacent parking.
Comparable adjacent parking shall mean property within a one city
block distance from any of the -property conveyed to City by this
Contract. In the event City does erect a parking garage office
complex as above provided the use of the office complex will be the
same as provided in Section I, paragraph 6 of this Contract.
IV.
1. This agreement shall be binding upon the parties, their
successors and assigns.
2. This agreement is performable in Lubbock County, Texas.
3. All representations, warranties and agreements contained
- in this agreement shall survive the closing hereunder.
4. This agreement cannot be altered or amended except pur-
suant to an instrument in writing signed by all of the parties
----- .__=hereto--
-10-
5. Closing shall occur on October 18, 1982 or as soon
thereafter as the parties can be ready but in no event later than
October 29, 1982.
DATED this _ day of �e,�"a�� 1982.
AMERICAN STATE BANK,
LUBBOCK, TEXAS
W.R. Co ier, Presi en
SELLER
ATTEST: CITY OF LUBBOCK TEXAS
r
BY:
E yn Ga ga; City,"Seicytary Jill McAlister, Mayor
'PURCHASER
's
-11-
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CERTIFIED CORRECT
.4u N. WILSON HN N. W1LS � �"
ttE4►57e= PoWC zvevor ..............
2S
WILSON SU2VEYi NG Co. , ) WC.
IlIG AVEQUE M
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$....100,000.00................................................................... ......... Texas ............... October
to - b - e - r .................
. 7 ............. A. D. 19 ..... 82
ForValue Received............... I .................. . .... : ....................................... ............................................................. . ..... . ............ promise to
payto .. . ....... MQUE ... M7,111E .. ......................................................................................... . .......... or order,
the sum of ... ONE HUNDRED THOUSAND AND N01100
............................... a .............................................................. ................................................... ............ . ............... .. DOLLARS
10 Nll�
with interest from'date at the rate of ..............................-,..................per . cent per annum, both principal and interest payable at
•.1.5.12 ... 15t Lvbbo.,,.k. ..T.P,
reet
a. 10... int. e . re . s t. .................................................................... . .............. . ........................
The principal/of this note is payable in ......... 12-0 ...............monthly installments of s1..3.22...QQ ..... each.-An.cliA in
both- principal and interest; said installments, when paid, shall be applied first to the
payment of all interest accrued to the date of such payment and the balance shall be
applied to the payment of principal thereof;
the first installment being due and payable 'on or before the'.....1th ......... day of ............ N.Q.Y.§P.1bAr ..............................
and one installment to become due and payable on or before the ........... Ith .............._.._.........::...day of each succeeding month
thereafter until the whole principal sum has been paid.
The interest on this note is payable ....... MORtAlY.....A.5 ... . .............. . .... . .............................. . . ..........................
maxi. um legal
and all past due interest and principal shall bear interest from maturity at the rate Z:tt6wpm per annum.
This note is given in .... . ..... part . .............................. payment for a certain lot or parcel of land situated in Lubbock
County, Texas, and described as follows:
LOTS 6, 7, 8, 9 and 10, BLOCK 160, Original Town of Lubbock, Lubbock
County, Texas.
PRIVILEGE IS RESERVED to prepay this note. in. full o�-4n part on -or' before it -s due
date without penalty.
thisday conveyed to .................. 9AM, BgfiNq& ................................... .............................. ......................................................................
by...-.--MOLLIE MOZELLE POWii.,.-.a ... w,�d.ow ...................................... .................................... ...... .............. .... . ..........................
..... . ... .. .... ..... .
and to secure the payment of same, according to the tenor hereof, a Vendor's Lien is retained in said conveyance, and is
hereby acknowledged; and as further security for the payment hereof, a Deed of Trust is this day given to ............................
STAN......A.. WEAVER....... Trustee, for the benefit of the holder hereof.
. .. . . . . .........................................................................................................
.
This note is this day given by ............ wxy..aoni.a ................ . .....................................................................................................
as part of the purchase price for said above mentioned property; and it is understood and agreed that failure to pay
this note, or any installment as above promised or any interest thereon when due, shall, at the election of the holder
of said note, mature said note, and it shall at once become due and payable and the Vendor's Lien or Deed of Trust Lien
herein mentioned, either or both shall become subject to foreclosure proceedings as the holder may elect.
Each maker, surety or endorser hereon severally waives grace, demand, presentment, notice, protest and consents that
time of payment may be extended without notice. And it is hereby specially agreed that if this Note is placed in the hands
of an attorney for collection, or collected by suit or through Probate or Bankruptcy proceedings.............1........_.....................
agree to pay reasonable attorney's fees additional on the principal and interest then due hereon.
...................................................
EXHIBIT E
e -•-t I =>I
�: irr � STi>GrC
C/i.ib PY o�EF
=r�oct�: f3EYa-1�
-_2ELYE Ercts'C. .
�o��GONG • �LOC� ,
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--w/ PEa r l ZAvr-- "
f`
_LIN E 7
Nf01M E,ct.CT.
it
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_ EPLL.GE SLAF,
I
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AFTF2 Poun�o,
=- _ /ItitC'fi�t.L.�v
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fill
CL
_.,f''Z:.�==1�1-Ji,rsa.r..�a�..�-i—►-i+a„ar.._�_J—a+a�[�—i+vt•�— •�:= -----: ___». _..:
Y"`?oek ..._........._»__...._ _.» .., Texas,. _. J Y...._. --A. D.1982
For ValueAevegnl-EZE
c�-^ ».I-,--GZI'.BOS�IC�C.._»... _................._ .__....__._.._»» ....._..._.._ .promise to
pay to-------�iusand
-�-- »=--------=.»or order,
Five Kindred andNb/100's .DOL>r.;xs
thesum of�_..»»_._.._..__....._».........»......__._. »_..�.._._....»_._.»»__.». ......._.._..__._._.._._
With interest from date at the rate of-. ten:._ »•per cent per annum, both principal and interest payable at
700 South 17th, Slaton, . Texas.-M'r •�_�—�__•-
The principal of this noir is payable in 120 installments of
V7
the first installment being due and payable on or before the»-_.l6th _day of_.._ A ?m _'19-82
and one installment to become due and payable on or before the__a_6th __ _.day of each succeeding month
'. thereafter until the whole principal sum has been paid,
` The interest on this note is payable ...»O?eHundred'I�1Q1t�'••-�12�� II1Dnth�-y-Qaj�I alts
i
and all past due interest and principal shall bear interest from maturity at the rate of ten per cent per annum.
This note is given in._..._.�1_`'`�'___......._...-payment for a certain lot or parcel of land situated is
The West One -Half (W/2) of Lots One (1), Two (2), Three (3),
Four (4) and Five (5) , Block One hundred Sixty (160) , Original
Townof Lubbock, Lubbock County, Texas; -
Subject to easements, restrictions, and mineral reservations, if
any, appearing of record in the County Clerics Office of Lubbock
County, Texas.
= this day conveyed to..._..»_»_..
Gary BStiCk
_.......
Warranty Deed with Vendor's Lien ._.»»....._—....._ ._...... _
by.�_.__..._..__-.._.__»»._.»..._.._.».._.»._...».»........_.._...».._.._..._...._..___.... _ _......_. _
and to secure the payment of same, according to the tenor hereof, a Vendor's Lien is retained in said conveyance, and is
hereby aclmowledged; and as further security for the payment hereof, a Deed of Trust is this day giv
man to
.._..�...._._..__.._»..Trustee, for the benefit of the holder hereof.
G Bostick•
Thisnote is this day given by.. ............... _...�?�'........._....»»......_..._.._»._.._---.._......_.....__»........._.-........_....».».»......_..__....»
:.� as part of the purchase price for, said above mentioned property; and it is understood and agreed that failure to pay
this note, or any installment as above promised or any interest thereon -%rhen due, shall, at the election of the bolder;.
of said note, mature said note, and it shall at once become due and payable and the Vendor's Lien or Deed of Trust Lien
11 herein mentioned , either or both shall become subject to foreclosure proceedings as the holder may elect.
'Each maier, surety or endorser hereon severally waives grace, demand, presentment, notice, protest and consents that
itime of payment may be ea -tended -without notice. And it is hereby specially agreed that if this Note is placed in the hands,
!: _ ofin attorney for collection, -or col?c.-rted by suit or tbrough Pr ate or 11anl=p� proceedings._.-....--.._.----_..... .._..
agiee to pay reasonable attorney's Sees additional"on the p:inc'p and intes- lien due bexeon.
_ -... -. • ..._........... .
.................................................................. ............. ..... ..
Cl.epar}trl.by the State Bar of Texas for use by Lnw)(.Rc.icv cd 1-I.7b.
To sc the proper Jornl. Jill in blank spures. strike r�»rm prurisiuiis (Pr
NOTICE
0,0J insert special terms eonstuutes the practice of law. No "standard formn
" ca
n G! t meet all requirements.
b f REAL ESTATE LIEN NOTE
520,407.85_._ Lubbock
............................................... Texas, ......JtalY.... :. ..1982
For value received, I, We, or either of us, as principals, promise to pay to the order of .............
CLAUDINE VAIL. a femesole
. -, _..._-.._......................................................................................... ......................................•--........--........_......_.....................
in the City of............Lubbock......................_..........._.........Lubbock................._....._..........................._..............
..........................
TWENTY THOUSAND FOUR HUNDRED SEVEN AND 85/100----------------------------
County, Texas, the sum of
..................................................................._............................_:............_....
.- - -_- - - - - - - - - - - - -_ ...._.-_- -_ . - -..... .......' ' -."Dollars (5..2 0 4 0 7 8--5 ................... ), in legal and lawful
money of the United States of America, with interest thereon from date hereof until maturity at the rate of
..nine ................................... per cent (....9.....°10) per annum; the interest payable ....... monthly.-_-... ..........................
matured unpaid principal and interest shall bear interest at the rate of ten per cent (10%) per annum from
date of maturity until paid.
This note is due and payable as follows, to -wit:
The principal and interest of this note are payable in 155 monthly
installments of $223.14 each, including both principal and interest.
The first installment shall be payable August 1, 1982, and a like
payment shall be made on the lst day of each month following. A
fifteen day grace period will be allowed. If payment is not made within
this periods a late payment penalty'of $20.00 will be added to the pay-
ment. This note is given in part payment for certain lots or parcels of
land situated in Lubbock County and described as follows:
Lots 8, 9 and 10 in Block 176 of the Original Town of Lubbock,
Lubbock County, Texas.
Privilege is reserved to prepay this note in full or in part on or
before its due date without penalty.
It is expressly provided that upon default in the punctual. payment of this note or any part thereof, principal
or interest, as the same shall become due and payable, the entire indebtedness secured by the hereinafter
mentioned lien shall be matured, at the option of the holder; and in the event default is made in the prompt
payment of this note when due or declared due, and the same is placed in the hands of an attorney for collec-
tion, or suit is brought on same, or the same is collected through Probate, Bankruptcy or other judicial pro-
ceedings, then the makers agree and promise to pay ten per cent (10%) additional on the amount of principal
and interest then owing, as attorney's fees.
Each maker, surety and endorser of this note expressly waives all notices, demands for payment, presenta-
tions for payment, notices of intention to accelerate the maturity, protest and notice of protest, as to this note
and as to each, every and all installments hereof.
-� Paymenthereof is secured by Deed of Trust of even date herewith, executed by y
the undersigned to Charles Cobb, Trustee, conveying the above described
property.
-GARY B ICK
EXHIBIT "F"
EXHIBIT
"B"
FINANCING -SCHEDULE
FIN.
INT.
' YEAR
MONTH
BALANCE
EXPENSE
PAYMENT
Oct.
15
$751000
Jan.
15
751000
$23938
$23938
Apr.
15
1251000
23938
23938
Jul.
15
1751000
39876
39876
1983-84
Oct.
15
2251000
55813
55813
Jan.
15
2824001
71751
93750
Apr.
15
2820266
90015
93750
Jul.
15
2816412
89896
93750
1984-85
Oct.
15
2812435
89773
93750
Jan.
15
2903331
89646
93750
Apr.
15
2902125
92544
93750
Jul.
15
2900880
92505
93750
1985-86
Oct.
15
2899596
92466
93750
Jan.
15
2898270
92425
93750
Apr.
15
2896903
92382
93750
Jul.
15
2895491
92339
93750
1986-87
Oct.
15
2894035
92294
93750
Jan.
15
2892532
92247
93750
Apr.,
15
2890982
92199
93750
Jul.
15
2889382
92150
93750
1987-88
Oct.
15
2887731
92099
93750
Jan.
15
2886027
92046
93750 '
Apra
15
2884270
91992
93750
Jul.
15
2882456
91936
93750
1988-89
Oct.
15
2880584
91878
93750
Jan.
15
2878653
91819
93750
Apr.
15
2876660
91757
93750
Jul.
15
2874603
91694
93750
1989-90
Oct.
15
2872481
91628
93750
Jan.
15
2870291
91560
93750
Apr.
15
2868032
91491
93750
Jul.
15
2865700
91419
93750
1990-91
Oct.
15
2863295
91344
93750
Jan.
15
2860812
91268
93750
Apr.
15
2858251
91188
93750
Jul.
15
2855607
91107
93750
1991-92
Oct.
15
2852880
91022
93750
Jan.
15
_ 2850065
90936
93750
Apr.
15
2847161
90846
93750
Jul.
15
2844164
90753
93750
1992-93
Oct.
15
2841072
90658
93750
Jan.
15
2837881
90559
93750
Apr.
15
2834589
90457
93750
Jul.
15
2831191
90353
93750
1993-94
Oct.
15
2827686
90244
93750
Jan.
15
2827686
90132
2917818
Apr.
15
Jul.
15
$3,870,383
$6,811,383
A A 19
For Value Received,_—
--.promise to
I's pay to—
....... or order,
the sum of.:........._ ....
DOLLARS
with interest from date at the rate cent per annum, both principal and interest payable at
The principal of this note is payable In --- - --- - .....................monthly installments of
the first installment being due and payable on or before the._-....___.day of_..................».».
.
and one installment to become due and payable on or before the............_....
........day of each succeeding month
thereafter until the whole principal sum has been paid.
The interest on this note is payable
pZ.-St atm i=berest �d sh=H bc_ inbeiest fmim. metftity et tate ra�e e; 4er- per eent, feF-&&siwn.
This note is given in ....... . ...... . . ..... payment for a certain lot or parcel of land situated in
is
this day conveyed
f by-
and to secure the payment of same, according to the tenor hereof, a Vendor's Lien is retained in said conve7an d is
tain cc, an
hereby aclmowledged-' md ee imiEhm see=2t., Jer +ite Ve7
he�ee;; a Deed e; tMi is Qkie
. ..... . ...... . . ...............T c . tf'.ti= b—fit C� the helae. ir
This note is this day given
as part of the purchase price for said above mentioned property; and it is understood and agreed that ganure to
this note, or any installment as above promised or any interest thereon when due, shall, at the election of the ho?a
deyr
of said note, mature said note, and it shall at once become due and payable and the Vendor's Lien eT Beed of Smt-_zz",
herein mentioned, either or both shall become subject to foreclosure proceedings as the holder may elect.
Each maker, surety or endorser hereon severally waives grace, demand, presentment, notice, protest and consents that
time of payment may be extended without notice. And it is hereby specially agreed that if this Note is placed in the hands
of an attorney for collection, or collected by suit or through Probate or B��
tKtcy proceedings.....__...._.._---
: .........
agree to pay reasonable attorney's few additional an the principal and interest en due hereon.
_............».................................. . . .....
................».................-----.....---•--.._.._..
7
-rYPTRTT Itril VLO e."j-
i
THE STATE OF TEXAS
COUNTY OF LUBBOCK
CITY OF LUBBOCK
I, EVELYN GAFFGA, City Secretary -Treasurer of theCity
of Lubbock, Texas hereby certify that the attached document is
a true and correct copy of RESOLUTION 1209, being duly recorded
in Minute Book No. 41-A, Page '' ' , .Item of the
Minutes of the City Council dated September 9, 19$2.
TO CERTIFY WHICH,. witness my hand and seal
of :the City of Lubbock, Texas this
16th day of September, 1982.
.(Seal)
EV LYN GAFFGA
City Secretary -Treasurer
E xWtVi G tb EsGC6UJ A5Q. &AeVd'
RESOLUTION 1209 - 9/9/82
f�
i�
F JCR: cl
RESOLUTION
A RESOLUTION CREATING AND ESTABLISHING THE CITY OF LUBBOCK REAL ESTATE
PURCHASE AND IMPROVEMENT FUND AND PROVIDING FOR THE CONTROL OF SUCH FUND.
WHEREAS, the City Council of the City of Lubbock finds that it would be
wise and expedient to establish a fund to be known as the City of Lubbock Real
Estate Purchase and Improvement Fund, and
WHEREAS, the City Council finds that it would be in the best interest of
the City to create and establish the fund above referred to in order to have a
designated fund within the immediate control of the City, and
k�
WHEREAS, the existence of the fund herein,established shall be used to
purchase real estate or make repairs or improvements to existing real property
;;owned by the City, and
WHEREAS, the City Council finds that it is often necessary to have funds
for use as above-mentioned immediately on hand for the purpose of financing saie
activities, and
WHEREAS, the City Council finds that it is in the best interest of the Ci
to establish controls for the use of said fund, and
WHEREAS, the City has the power to control and manage the finances of the
City by virtue of Art. 1175 §10, V.A.C.S., and its Charter.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That there is hereby created a fund within the City to be known as
City of Lubbock Real Estate Purchase and Improvement Fund.
2. That upon approval of the City Council, said fund herein created sh
be used to finance, secure financing or arrange financing for the purchase of
real estate for the City or the repair, renovation, or remodeling of real
estate owned by the City.
3. That the City Manager shall make recommendations to the City Council
for the use of said fund by the City.
4. That no purchase of real estate or repairs, remodeling or renovation
to real estate owned by the City shall be made or financed with monies from the
fund herein created except to the extent that there exists unencumbered monies
R in said fund to be used for said activity.
5. That the following money be and is hereby transferred to the fund in
accordance with the following schedule:
AMOUNT
Oct. 15, 1982 ,
Apr. 15, 1983 475,000
DATE OF TRANSFER AMOUNT
Jul.
15,
1983
$475,000
Oct.
15,
1983
525,000
Jan.'15,
1984
575,000
Jan.
15,
1985
125,000
Oct.
15,
1988
25,000
TOTAL
$3,273,000
i� 6. That the Finance Director of the City of Lubbock shall be required to
see that the monies transferred in paragraph 5 of this Resolution are taken frog
i:any one of the following sources:
I1
(a) Revenue Sharing
j (b) Community Development
ri (c) Bond Funds
ij (d) Capital Reserves
7. That fund monies hereinabove transferred to the fund shall be investee
,!in lawful securities authorized for investment by cities and the interest earner
shall be retained by the fund and used for the purposes for which this fund is
IIM created.
1 8. That the securities � t purchased as hereinabove provided may be used in
i any of the following ways to discharge any obligation undertaken herein:
!' (a) To be placed in escrow to secure the payment from earned interest of
'i an obligation undertaken in accordance with the
Y 8 purposes of this resolu-
tion.
1''• (b) To be pledged as collateral to secure the payment from earned interest
of any obligation undertaken in accordance with the purposes of this
resolution.
l'r (c) To be sold or surrendered by the City to pay any obligation undertake)
i in accordance with the purposes of this resolution.
ii
9. That it is hereby declared to be the intent of the City Council that
no obligation shall be incurred by the City under this resolution which shall
.not be fully payable out of the principal or earned interest of the fund herein
created and that the satisfaction of such obligations be reasonably certain in
the due course of business.
f
t„
6;
E
10. That the City Council may by resolution add additional monies to this
fund to be used as herein set forth.
11Passed by the City Council this 9th day of Septem 1 2.
;
!� r
,t
BILL McALf STER, MAYOR
!tATTEST:
�f
fl
±S
I Yvelyn Gaf ga, City S a Treasurer
I!
ii APPROVED AS TO FORM:
i
r
J n C. Ross, Jr., City Attorney
LIMITED INVESTMENT AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THIS AGREEMENT made and entered into this day of
riC.+c ex- 1982, by and between AMERICAN STATE
BANK, LUBBOCK, TEXAS, hereinafter referred to as "Bank", and the
CITY OF LUBBOCK, hereinafter referred to as "City",
W I T N E S S E T H:
WHEREAS, City has agreed to invest certain funds specified
below with Bank, and Bank has agreed to receive said investments
and to pay interest thereon as below specified; and
WHEREAS, Bank and City desire to set forth the terms of their
agreement so there will be no confusion concerning the same;
NOW, THEREFORE, for and in consideration of the mutual prom-
ises, agreements, terms and conditions as hereinafter set forth,
and the mutual benefits to be derived by the parties hereto, it is
agreed and understood as follows:
1. City will invest with Bank the following sums of money
on the dates specified in the following schedule:
(a)
October
15,
1982
$1,073,000.00
(b)
April 15,
1983
475,000.00
(c)
July 15,
1983
475,000.00
(d)
October
15,
1983
525,000.00
(e)
January
15,
1984
575,000.00
(f)
January
15,
1985
125,000.00
(g)
October
15,
1988
25,000.00
TOTAL
$3,273,000.00
City agrees that the funds invested pursuant to this Agreement
will equal or exceed by no more than $100,000.00 the amounts shown
in Exhibit "A", which is attached hereto and incorporated herein
as if copied in full at this point, during the various periods of
time indicated in Exhibit "A". `
2. Bank will receive said funds specified in paragraph 1
above, and.will issue certificates of deposit or -other appropriate
evidence of indebtedness and will deliver such certificates of
deposit or other evidence of indebtedness to City or its desig-
nated agent or nominee.
3. The funds invested by City with Bank, specified in para-
graph 1 above, shall bear interest at the rate of 12.50% per
annum. Interest will be payable to City on the maturity date of
the certificates of deposit and other evidence of indebtedness, or
at such other dates mutually acceptable to both parties.
4. As security for all investments and deposits made by City
.pursuant to this Agreement, Bank will pledge to City securities in
the form of United States Government bills, notes, certificates,
bonds, and obligationsissued by an instrumentality, agency or
corporation of the United States Government, or municipal bonds of
political sub -divisions of the State of Texas, rated "A" or better
by Moody's Investors Service, Inc., in an amount sufficient to
secure the investments and deposits in full at all times on current
market values of such securities.
5. Bank shall furnish City an itemized receipt describing
the pledged securities in detail. If at any time the pledged
securities shall exceed the total investment and deposits of City
by a substantial margin, then Bank may request withdrawal of a
specified amount of securities. All pledged securities or with-
" "drawal of securities will be mutually agreed upon by Bank and City.
6. At the termination of this Limited Investment Agreement,
City may leave with Bank any funds invested or deposited pursuant
to this Agreement until the maturity date of the investment.
7. This Agreement may be extended by mutual agreement of the
parties.
8. This Agreement is made subject to the statutes of the
Congress of the United States and the State of Texas and subject to
the rules -and regulations promulgated by the Office of the Comp-
troller of the Currency of the United States, the Board of Gov-
ernors of the Federal Reserve System, and the Board of Directors of
the Federal Deposit Insurance Corporation as are now in existence,=
and such other statutes, rules, and regulations-of:these entities
as may hereafter become effective during the term of this Agree-
ment; and if this Agreement should be or become in conflict
-2-
with such statutes, rules and regulations, then this agreement
shall be amended to comply with such statutes, rules and regu-
lations.
DATED this day of (�G�'o 6 �,SS 1982.
AMERICAN STATE BANK
LUBBOCK, TEXAS
BY:
.R. COLLIER, PRESIDENT
ATTEST:
Eve yn-Ga ga, City e t ry
CITY OF LUBBOCK
.'Z'� 0 I
BY:
BILL McALISTER, MAYO
-3-
!"ol",
EXHIBIT "All
X�i•'6. f la n�esy`Tcn7 / rcej4"
INVEST
YEAR
MONTH
BALANCE
Oct.
15
$ 914000
Jan.
15
918625
Apra
15
1398394
Jul.
15
1877217
1983-84
Oct.
15
2374379
Jan.
15
2929829
Apr.
15
2927636
Jul.
15
2925374
1984-85
Oct.
15
2894108
Jan.
15
3015799
Apr.
15
3016293
Jul.
15
3016802
1985-86
Oct.
15
2990979
Jan.
15
2990697
Apr.
15
2990407
Jul.
15
2990107
1986-87
Oct.
15
2964375
Jan.
15
2963261
Apr.
15
2962113
Jul.
15
2960929
1987 -88* -
Oct.
15
2936039
Jan.
15
2934041
Apr.
15
2931979
Jul.
15
2929854
1988-89
Oct.
15
2930749
Jan.
15
2928585
Apr.
15
2926353
Jul.
15
2924051
1989-90
Oct.
15
2901520
Jan.
15
2898443
Apr.
15
2895269
Jul.
15
2891996
1990-91
Oct.
15
2877953
Jan.
15
2874139
Apr.
15
2870206
Jul.
15
2866150
1991-92
Oct.
15
2859615
Jan.
15
2855228
Apr.
15
2850704
Jul.
15
2846038
1992-93
Oct.
15
2839586
.Jan.
15
2841025
Apr.
15
2836057
Jul.
15
2830934
1993-94
Oct.
15
$2825651--
X�i•'6. f la n�esy`Tcn7 / rcej4"