Loading...
HomeMy WebLinkAboutRES 071409-P - Sale Old Albertson BuildingRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, DECLARING AS SURPLUS PROPERTY CERTAIN CITY -OWNED REAL PROPERTY, IMPROVEMENTS, AND PERSONAL PROPERTY LOCATED AT 610 NORTH AUSTIN AVENUE, GEORGETOWN, TEXAS, MORE PARTICULARLY DESCRIBED AS LOT 1, BLOCK B. FOSTER SQUARE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET N, SLIDE 47 OF THE PLAT RECORDS OF WILLIAMSON COUNTY STREET, AUTHORIZING THE SALE OF SUCH PROPERTY, ESTABLISHING THE MINIMUM BID; APPROVING THE FORM OF THE INVITATION FOR BIDS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on September 16, 2008 the City acquired the following described tract of land, along with the improvements and personal property located thereon (hereinafter referred to as the ' Property"): Lot 1, Block B, Foster Square, according to map or plat thereof recorded in Cabinet N, Slide 47, of the Plat Records of Williamson County, Texas. WHEREAS, the City Council finds it to be in the best interest of the citizens of Georgetown to declare the Property as surplus property and offer it for sale to the public by solicitation of sealed bids. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution is not inconsistent with the 2030 Comprehensive Plan. SECTION 2. The above -described Property is hereby declared as surplus property by the City Council of the City of Georgetown and City staff is hereby directed to effect the sale of the Property by providing notice and soliciting sealed bids from the public. SECTION 3: The Invitation for Bids attached hereto as Attachment 1 is hereby approved, and the minimum bid for consideration by the City shall be FOUR MILLION THREE HUNDRED EIGHTY THOUSAND DOLLARS (S4,380,000). Sale of Old Alb Resolution No. Page 1 of 2 SECTION 4: The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest thereto on behalf of the City of Georgetown. SECTION 5. l'his resolution shall be effective immediately upon adoption. RESOLVED this 14th day of July, 2009. ATTEST: THE CITY OF GEORGETOWN: By; . Secretary George G. Garver, Mayor APPROVED AS TO FORM: City Attorney Sale of Old Albertson's Q Resolution No. -7 1' (Q°1 Page 2 of 2 INVITATI !N T i I SEALE 1 :I 1 # 29058 Sale of Former Albertson's uilding Last rev. 7/15/2009 TABLE OF CONTENTS: 1. Instructions 2. Property Information 3. Bid Form and General Conditions Attachment 1. Purchase Agreement Attachment 2. Certification of No Debts Owed to the City Attachment 3. List of Properties Owned within the City of Georgetown Attachment 4. Additional Bidder Information Form Attachment 5. Conflict of Interest Statement Attachment 6. $25,000 Cashier's Check or Money Order or Irrevocable Letter of Credit in a form acceptable to the City — Bid Deposit/Earnest Money 1. INSTRUCTIONS SEALED BID # 29058 — Sale of Former Albertson's Building YOU MUST SUBMIT A COMPLETE BID OR IT MAY BE DISQUALIFIED I. GENERAL INFORMATION A. Read these the Instructions, General Conditions, Bid Form and all attachments carefully. B. Complete ALL of the following: Bid Form Attachment 1. Attachment 1. Attachment 2 Attachment 3. Attachment 4. Attachment 5. Purchase Agreement Certification of No Debts Owed to the City List of Properties Owned within the City of Georgetown Additional Bidder Information Form Conflict of Interest Statement $25,000 Cashier's Check or Money Order or Irrevocable Letter of Credit in a form acceptable to the City — Bid Deposit/Earnest Money C. Submit your bid for the Property in a sealed envelope to: If mailed Ms. Marsha Iwers Purchasing Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78627-0409 If hand -delivered: Ms. Marsha Iwers Purchasing Manager City of Georgetown 300-1 Industrial Avenue Georgetown, Texas 78626 2 with the following words typed on the exterior of the envelope: SURPLUS PROPERTY SALE SEALED BID # 29058 — Sale of Former Albertson's Building To Be Opened: October 1, 2009 at 4:00 P.M. D. All bids must be received at City Hall, 113 E. 8th Street Georgetown, Texas 78262 no later than 3:00 P.M. on Thursday, October 1, 2009. E. You may but are not required to, attend the bid opening, which will be at 4:00 P.M. on Thursday, October 1, 2009 at City Council Chambers, 101 E. 7`h Street, Georgetown, Texas. F. ALL SALES ARE SUBJECT TO APPROVAL OF THE GEORGETOWN CITY COUNCIL G. No oral guarantee or assurance concerning the property has been made, and furthermore, no City employee is authorized to make any guarantee or assurance Bidders are cautioned to investigate the property thoroughly before submitting a bid. H. No Public Official, employee, or agent of the City shall have any interest in this property that violates federal or state law, including without limitation the provisions of Texas Government Code Chapter 171. II. RULES FOR BIDDING A. Bids must on the official Bid Form., including all attachments and the Bid Deposit/Earnest Money deposit, signed by an authorized representative of the Bidder, and placed in a sealed envelope with the Bid Title and Bid Number on the outside of the envelope B. Bids may be mailed or hand -delivered to the address shown below. Responses sent by facsimile transmission or electronic mail will not be accepted. If mailed Ms. Marsha Iwers Purchasing Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78627-0409 SEALED BID # 29058 — Sale of Former Albertson's Building 3 If hand -delivered: Ms. Marsha Iwers Purchasing Manager City of Georgetown 300-1 Industrial Avenue Georgetown, Texas 78626 SEALED BID # 29058 — Sale of Former Albertson's Building C. Any questions relating to this Invitation for Bid must be submitted in writing to: Marsha Iwers Purchasing Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78627-0409 SEALED BID # 29058 — Sale of Former Albertson's Building D. Bids will be received by the City by 3 00 p.m. on October 1 2009. NO BIDS WILL BE ACCEPTED AFTER THAT TIMI4. On that date, all bids will be opened and publicly read aloud at 4:00 p.m., in the City Council Chambers of the City of Georgetown, 101 E 7th Street, Georgetown, Texas F. All bids shall remain in effect for ninety (90) days after the due date of the submission. F. The City Council shall have the final authority to make a final decision, and may select a bid deemed by the City Council to be in the City s best interest considering the proposed use of the Property, the fiscal soundness of the respondent, and/or the greatest amount. G. The City reserves the right to reject any or all responses, to waive any minor irregularities or technicalities, and to accept any response it deems to be in the City' best interest. The City further reserves the right to reject a response if more than one response is received from an individual/entity, and/or if it is found that collusion exists amongst responders. Incomplete submittals may not be considered. H. Selection of a successful respondent is subject to the recommendation of the City Manager and approval of the City Council. The City reserves the right to negotiate an agreement with the respondent who is ranked by the City Manager (or his designee) as the #1 Responder; however, if no agreement is reached, then the City may, in his sole discretion, commence negotiations with the responder who is ranked by the City Manager (or his designee) as the #2 4 Responder, and so forth until an agreement is reached with a Responder or all responses are rejected The City is not required to accept any response or offer or to complete a sale or exchange. I. ALL SALES ARE SUBJECT TO APPROVAL BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS. THE CITY COUNCIL RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS. THE CITY COUNCIL IS NOT REQUIRED TO ACCEPT ANY BID OR OFFER OR TO COMPLETE A SALE OR EXCHANGE. J. Conflicts of Interest will be subject to the provisions Chapter 176 of the Texas Local Government Code are required to fill out a Conflicts of Interest Questionnaire. K. The bidder agrees to and shall indemnify and hold harmless City, its officers, agents, employees, and elected officials from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all, but not limited to, expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or damage to any property, arising out of or in connection with the acts and/or omissions of bidder under this contract. The City assumes no liability for anyone on the property. L. Bids cannot be altered or amended after the submission deadline. Any mterlineation, alteration, or erasure made before opening must be initialed by the signer of the bid, guaranteeing authenticity. A bid may not be withdrawn or canceled by the bidder without the permission of the City for a period of ninety (90) days following the date designated for the receipt of bids, and bidder so agrees upon submittal of a bid. For the purpose of proper bid evaluation and approval, all bids shall remain firm and valid for a ninety (90) day period, commencing on the day of the bid opening. M. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All changes to the contract must be made in writing by the City of Georgetown. Any interpretations, corrections or changes to this Invitation to Bid will be made by addenda. Sole issuing authority of addenda shall be vested in City of Georgetown Purchasing Manager Addenda will be marled to all who are known to have received a copy of this Invitation to Bid. Bidders shall acknowledge receipt of all addenda. O. Bidder shall provide with the sealed bid response, all documentation required by this Invitation to Bid Failure to provide information specifically requested may result in rejection of your bid. P. Any notice provided by this bid (or required by law) to be given to the successful bidder by the City of Georgetown shall be conclusively deemed to 5 have been given and received on the next day after such written notice has been deposited in the mail in Georgetown, Texas, by Registered or Certified Mail with sufficient postage affixed thereto, addressed to the successful bidder at the address so provided, provided that this provision shall not be construed to prevent the giving of actual notice in any other manner The successful bidder shall not sell, assign, transfer or convey the Bid or the Purchase Agreement, in whole or in part, without the prior written consent of the City of Georgetown. 2. PROPERTY INFORMATION SEALED BID # 29058 — Sale of Former Albertson's Building A. Description/ Location: Lot 1, Block B, Foster Square, according to map or plat thereof recorded in Cabinet N, Slide 47, of the Plat Records of Williamson County, Texas Improvements• One-story, concrete -block, free-standing, single -tenant retail building. The building was constructed in 1996 and contains 56,331 square feet. C. Current Zoning: C-3 "General Commercial" D. Roads: East Side — North Austin Avenue West Side — IH-35 frontage road South Side — West Morrow Street North Side — West Spring Street and the East Side of the IH-35 northbound frontage road Water and Wastewater Service: City water and wastewater service available. F. Electric Service: City electric service is available. G. HOA/POA Provisions; Special District Provisions. Unknown. Purchaser shall be solely responsible to make the determination as to whether the Property is subject to deed restrictions, or is within a Homeowners' Association, Property Owners' Association, or a special district. H. Restrictive Covenants: Restrictive covenants in Cabinet N, Slide 47, Plat Records of Williamson County, Texas and under County Clerk's File Nos. 9626729 and 9702979, Official Records of Williamson County, Texas. Exceptions to Title: a. A 10' public utility easement along the north side (Spring Street), the west side (1-35), the south side (Morrow Street), and the north side of the Schneider tract; a 15' public utility easement along the east and west side from U S. Highway to a 25' public utility easement running north and south through the land; a 10' building line along the east side; a 25' building line along the east, south, north and west lines; possible building encroachment of a 25' building line set back along the south side; 7 and a 30' private access easement along the east line as shown on the plat recorded under Cabinet N, Slide 47 of the map records of Williamson County, Texas. b. Terms, conditions, and stipulations of the Edwards Aquifer Protection Program as disclosed by an Affidavit dated 9-16-1996, recorded under County Clerk's File No. 1996049654, Official Records of Williamson County, Texas. c. Terms, conditions and stipulations contained in Easement Agreement recorded as Document Number 1996026728 re -filed under 1997002958, Official Records, Williamson County, Texas. d. Terms, conditions and stipulations contained in Easement Agreement recorded as Document Number 1996026729 re -filed under 1997002979, Official Records, Williamson County, Texas. e. Terms, conditions and stipulations contained in Easement Agreement: Recorded as Document Number 1997023191, Official Records, Williamson County, Texas. f. Rights to oil, gas and other minerals of every kind and character in, on and under the Property. J. Survey: The City will make available a copy of a current survey, if available. If the Bidder requires a survey, or an updated survey (as applicable), the Bidder must contract with an outside agent and pay all costs associated with the survey. K. Phase I Environmental Site Assessment: The City will make available a copy of the Phase I Environmental Assessment prepared for the City of Georgetown and dated July 21, 2008 If the Bidder requires an updated ESA or an ESA that will inure to the benefit of the Bidder, the Bidder must contract with an outside agent and pay all costs. L. Radius Report: The City will make available a copy of the Radius Report prepared for the City of Georgetown dated July 2, 2008. If the Bidder requires an updated Radius Report, the Bidder must contract with an outside agent and pay all costs for the update. M. Title Insurance: Base premium cost of Owner's Policy to be paid by the City. N. Minimum Bid: FOUR MILLION THREE HUNDRED EIGHTY THOUSAND DOLLARS ($4,380,000.00) 8 O. Bid Deposit/Earnest Money: $25,000, to be submitted with the bid and paid in the form of a Cashier's Check or Money Order made payable to the Georgetown Title Company. In lieu of a certified check or money order, the Bidder may submit an Irrevocable Letter of Credit in a form acceptable to the City P. The Property will be sold "AS IS WHERE IS WITH ALL FAULTS CONDITION, ' subject to any and all conditions of record in the Official Records of Williamson County, Texas, and/or the conditions or encumbrances set forth in the conveyance documents. The City does not warrant against any defects in title and the Property will be conveyed by Special Warranty Deed in the form attached hereto. Purchaser shall pay all costs of closing. Acceptance of the bid will satisfy all delinquent City taxes on the Properties, if any, but no other taxes. Q. Each bidder must complete the BID FORM and all required attachments, which can be obtained by contacting Paul Brandenburg, City Manager, City Hall, 113 E 8th Street, Georgetown, Texas 78626 between the hours of 8:00 a.m and 5:00 p.m. Monday through Friday, or by calling 512-930-3623 and requesting the BID FORM to be sent via fax or e-mail. All bid submissions will be the property of the City and are non -returnable. Bids must be complete and free from ambiguity. All bids submitted shall be valid for a period of not less than ninety (90) days. Bids must be submitted in a sealed envelope with the following information marked on the outside of the envelope: "SEALED BID # 29058; Sale of City- Owned Property — Old Albertson's Building." R. The proposed Purchase Agreement is attached to the Bid Form as Attachment 1. The successful bidder shall sign the Purchase Agreement within thirty (30) calendar days after acceptance of the bid by the City Council. S. The Proposed form of Special Warranty Deed is attached to the Bid Form as Exhibit A to Attachment 1. T. The Proposed Bill of Sale is attached to the Bid Form as Exhibit B to Attachment 1. 9 3. BID FORM AND GENE'. L CONDITIONS SEALED BID # 29058 — Sale of Former Albertson's Building All bids must be received no later than 3:00 P.M. on Thursday, October 1, 2009. If mailed: Ms. Marsha Iwers Purchasing Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78627-0409 If hand -delivered: Ms. Marsha Iwers Purchasing Manager City of Georgetown 300-1 Industrial Avenue Georgetown, Texas 78626 with the following words typed on the exterior of the envelope: SURPLUS PROPERTY SALE SEALED BID # 29058 — Sale of Former Albertson's Building To Be Opened: October 1, 2009 at 4:00 P.M., in the Council Chambers ` I hereby submit my bid for the purchase of the following described Property, including the building located thereon: Property Description/Address: 610 North Austin Avenue, Georgetown, Texas - Lot 1, Block B Foster Square, according to map or plat thereof recorded in Cabinet N, Slide 47, of the Plat Records of Williamson County, Texas. Bid Amount for the Property: (NOTE: Minimum Bid is $4,380,000) 10 Proposed Use of the Property: "I understand and agree that by submitting this offer for the Property, the "General Conditions" described below, are part of this proposal and that the "General Conditions for Proposals" survive the closing of this transaction, if approved, and delivery of any deed or other instrument in connection with the sale of the Property. I understand that in addition to the Bid Amount for the property, I must pay a deed recording fee. 11 GENERAL CONDITIONS SEALED BID # 29058 — Sale of Former Albertson's Building The land and any improvements described in the Invitation to Bid Sealed Bid #29058 shall herein be referred to as the "Property". I understand that the Property is purchased "as is, where is, with all faults". I understand that is my responsibility to examine all applicable building codes and zoning ordinances to determine if the Property can be used for the purposes desired. I understand that it is my responsibility to check for outstanding or pending code enforcement actions including, but not limited to, repair or demolition orders. Code Enforcement inquiries can be directed to City of Georgetown Code Enforcement Department, P O. Box 409, Georgetown, Texas 78626; telephone number (512) 930-8452. I understand that the City of Georgetown disclaims responsibility as to the accuracy or completeness of any information relating to the Property for sale and that the data in the Invitation for Bids and the newspaper advertisement is for information only. The transaction to the maximum extent allow by law, is made on an "as is, where is, with all faults" basis and is subject to all visible and apparent easements and any other instruments or record. Taxes will be assessed from the date of closing, except taxes for omitted property, as defined in Section 25 21 of the Texas Property Tax Code are the purchaser's responsibility. I understand that the City of Georgetown is not responsible for any misrepresentations, failures of disclosure, errors or any negligent or wrongful acts occurring in the context of or pertaining to the closing of this transaction. I hereby represent by submitting this response that I am financially capable of obtaining and have ready access to sufficient funds to pay the purchase price. The Bid Deposit will be returned without interest if my proposal is not accepted. The City of Georgetown's responsibility to return the deposit to me shall extend only to depositing same in the U.S. mail to the undersigned at the address below on or before thirty (30) days from the date this bid is rejected. The City reserves the right to reject any and all bids. If my bid is accepted I understand that the Bid Deposit will become the Earnest Money deposit and will be forwarded to Georgetown Title Company along with the signed Purchase Agreement. I understand that the City of Georgetown will not provide a title policy for the Property, but that I may obtain a title policy at my own expense. I represent and certify to the City that I have no outstanding City of Georgetown judgments against me or my property and I am not delinquent on the payment of any taxes or non -tax liens on property owned by me in the City of Georgetown. This statement is true and correct for the individuals or entities submitting this proposal, their spouses, and any individual, their spouse, or entity with a shared controlling interest. 12 To the maximum extent allowed by law, the City of Georgetown expressly disclaims, and I expressly waive, any warranty or representation, express or implied, including without limitation any warranty of condition, habitability, merchantability or fitness for a particular purpose. The City of Georgetown makes no representations of any nature regarding the Property and that the City of Georgetown specifically disclaims any warranty, guaranty or representation, oral or written, express or implied, past, present, or future, concerning: (i) the nature and condition of the Property, including without limitation, the water, soil and geology, and the suitability thereof and the Property for any and all activities and uses which Grantee may elect to conduct thereon, and the existence of any environmental substances, hazards or conditions or presence of any endangered or protected species thereon or compliance with all applicable laws, rules or regulations, (ii) the nature and extent of any right-of-way, lease, possession, lien, encumbrance, license, reservation, condition or otherwise, and (iii) the compliance of the Property or its operation with any law, ordinance or regulation of any federal, state, or local governmental authority, and (iv) whether or not the Property can be developed or utilized for any purpose. For purposes hereof, "environmental substances" means the following, (a) any "hazardous substance" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.A. Section 9601 et. seq., as amended, (b) any "hazardous substance" under the Texas Hazardous Substances Spill Prevention and Control Act, Tex. Water Code, Section 26.261, et. seq., as amended, (c) petroleum or petroleum -based products (or any derivative or hazardous constituents thereof or additives thereto), including without limitation, fuel and lubrication oils, (d) any "hazardous chemicals" or "toxic chemicals" under the Occupational Safety and Health Act, 29 U.S.C.A. Section 651 et. seq., as amended, (e) any "hazardous waste" under the Resource Conservation and Recovery Act, 42 U.S.C.A Section 6901 et. seq., as amended, (f) asbestos, (g) polychlorinated biphenyls, (h) underground storage tanks, whether empty, filled, or partially filled with any substance, (i) any substance, the presence of which is prohibited by federal, state or local laws and regulations, and (j) any other substance which by federal, state or local laws and regulations requires special handling or notification of governmental authorities in its collection, storage, treatment or disposal. References to particular acts or codifications in this definition include all past and future amendments thereto, as well as applicable rules and regulations as now or hereafter promulgated thereunder. By submitting this proposal, I hereby waive and release any rights I may have either now or in the future, to undertake any legal or equitable action against the City of Georgetown itself for failure to properly advertise or notice the sale of the Property or to properly conduct the sale of this Property and hereby covenants not to sue the City of Georgetown in connection with the advertisement, notice of the sale or sale of the Property. Upon my death or mental incapacity, the proposal submitted shall become null, void and unenforceable and the City shall have no further obligation to me, my estate or my guardian. On behalf of me, my heirs or my estate, I hereby waive any rights I may have to an award or conveyance of the Properties, in the event of my death or mental incapacity. 13 "Attached hereto are the following executed documents: Li Attachment 1. L Attachment 2. Attachment 3. Attachment 4. LlAttachment 5. LI Attachment 6. Purchase Agreement Certification of No Debts Owed to the City List of Properties Owned within the City of Georgetown Additional Bidder Information Form Conflict of Interest Statement $25,000 Cashier's Check or Money Order or Irrevocable Letter of Credit in a form acceptable to the City — Bid Deposit/Earnest Money SIGNATURE PRINTF D NAME ADDRESS CITY STATF ZIP TELEPHONE ( ) or ( ) Please print name(s) to appear on deed if different than above: ALL PROPOSALS MUST BE SIGNED BY HAND. 14 Attachment 1 Purchase and Sale Agreement THIS PURCHASE AND SALE AGREFMNNT (this "Agreement") is made and entered into on the Effective Date (defined below) by and between, the CITY OF GEORGETOWN, a Texas home -rule municipal corporation, situated in Williamson County Texas ("Seller"), and , a ( Purchaser"). WITNESSETH: ARTICLE 1) Property a) For the purchase price and upon the terms and conditions hereinafter set forth, Seller does hereby agree to sell to Purchaser and Purchaser does hereby agree to purchase from Seller: All that certain tract or parcel of land comprising Lot 1, Block B, FOSTER SQUARE, a subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet N, Slide 47, Plat Records of Williamson County, Texas (the `Land"), together with all improvements thereon (the ` Improvements"); all of Seller s right, title and interest, if any in and to any appurtenances thereto (the "Appurtenances"); and all personal property owned by Seller and located on or in the Land or the Improvements, if any (the "Personal Property"). The Land, Improvements, Appurtenances and Personal Property collectively are called the ` Property". ARTICLE 2) Purchase Price a) The purchase price of the Property (the "Purchase Price') shall be and No/100 Dollars ($ ), payable in cash, at Closing. ARTICLE 3) Earnest Money a) On the Effective Date, Purchaser shall deliver to Georgetown Title Company of 702 S. Rock Street, Georgetown Texas 78626 (the ` Title Company") a check in the amount of Twenty -Five Thousand and No/100 Dollars ($25,000 00) as an earnest money deposit (the ` Earnest Money"). All Earnest Money deposited hereunder shall be held and disbursed by the Title Company as herein specified. ARTICLE 4) Survey Purchase and Sale Agreement 1 a) Purchaser may, at Purchaser's expense, obtain a current or updated on -the -ground Survey of the Property prepared by a Registered Professional Land Surveyor. The Survey must be in a form and of a date reasonably acceptable to Purchaser and to the Title Company, and in acceptable form in order to allow the Title Company to modify the survey exception to read "any shortages in area." Purchaser shall promptly deliver a copy of the Survey to Seller and to the Title Company. ARTICLE 5) Title Matters and Conveyancing Documents a) Within seven (7) days after the Effective Date hereof, Seller shall obtain from the Title Company and deliver to Purchaser a current commitment which is dated after the date hereof, for the issuance of an Owner's Policy of Title Insurance (the `Commitment") in Purchaser's favor in the amount of the purchase price for the Property and reflecting the ownership of and encumbrances upon the Property, together with copies of all exceptions to title reflected thereon. If the Commitment or the Survey reveals defects in title or other conditions which Purchaser finds unacceptable, in Purchaser's sole discretion, Purchaser shall give notice to Seller of such unacceptable conditions within fifteen (15) days after receipt by Purchaser of the Commitment. Any liens or security interests securing indebtedness or title defects described on Schedule "C" of the Commitment, shall be deemed unacceptable regardless of Purchaser's failure to object to all such matters as aforesaid Seller may, but shall not be obligated to, cure Purchaser's objections. If Seller does not cure all objections at least one (1) business day prior to expiration of the Inspection Period, Purchaser, at Purchaser's sole election, either (i) may cancel this Agreement prior to expiration of the Inspection Period and receive a return of the Earnest Money, or (ii) may accept such title as Seller can deliver. Seller shall be deemed to have agreed to cure, before Closing, all matters set forth on Schedule "C ' of the Commitment unless Seller notifies Purchaser, at least five (5) days before expiration of the Inspection Period that Seller will not cure any such matter. All matters permitted or approved or accepted by Purchaser hereunder shall be "Permitted Exceptions." The Commitment shall be updated to the time of Closing and at that date shall reveal no other exceptions to title than appeared in the Commitment previously approved by Purchaser as aforesaid. b) Seller shall furnish Purchaser at Closing: (i) a Special Warranty Deed to the Property (the "Deed") which shall except from the warranty of title all matters filed of record and reflected in the Commitment to which Purchaser has agreed, accepted or to which Purchaser has been deemed to have waived objection and to ad valorem taxes for the year of Closing and shall otherwise be in the form attached to this Agreement as Exhibit "A", and (ii) a Quitclaim Bill of Sale, conveying Seller's interest in the Personal Property, without warranty, in the form attached as Exhibit "B". ARTICLE 6) Inspections and Contingencies a) To the extent that the following exist, are in the custody or control of Seller, and can be obtained without unreasonable effort or expense (except that nothing herein contained shall obligate Seller to obtain and deliver to Purchaser any documents on file with the Texas Secretary of State, or filed in the Official Records of Williamson County, Texas), within seven Purchase and Sale Agreement 2 (7) days after the Effective Date, Seller shall deliver the following items (collectively, the "Property Information") to Purchaser: (a) A copy of Seller's existing survey of the Property, if available; (b) A copy of Seller's Phase 1 Environmental Assessment prepared for the Seller dated July 21, 2008; and (c) A copy of the Radius Report prepared for the Seller and dated July 2, 2008 In the event the Agreement is terminated prior to Closing, and as a condition to the release of the barnest Money to Purchaser, Purchaser shall within ten (10) days after termination return to Seller all information and documentation provided to Purchaser pursuant to this Section 6.1 PURCHASER ACKNOWLEDGES THAT SELLER HAS AGREED TO PROVIDE PURCHASER WITH THE PROPERTY INFORMATION AND THAT THIS INFORMATION HAS BEEN OR SHALL BE PROVIDED BY SELLER AS A COURTESY TO PURCHASER. EXCEPT AS OTHERWISE PROVIDED HEREIN, SELLER DOES NOT REPRESENT OR WARRANT (I) THE ACCURACY OR COMPLETENESS OF THE INFORMATION SUPPLIED OR MADE AVAILABLE BY SELLER, (II) ANY METHOD USED TO COMPILE THE INFORMATION OR (III) THE QUALIFICATIONS OF THE PERSONS PREPARING THE INFORMATION. The provisions of this paragraph shall expressly survive a termination of this Agreement. 6.2 Purchaser shall have from the Effective Date until 5:00 P.M., Austin, Texas time on the thirtieth (30th) day after the Effective Date (the "Inspection Period"), to conduct such feasibility studies with respect to the Property as Purchaser deems necessary in order to determine whether the Property is suitable for Purchaser's intended use. If Purchaser determines for any reason or no reason, in Purchaser's discretion that the Property is unacceptable, then Purchaser may give written notice to Seller prior to the expiration of the Inspection Period of its election to terminate this Agreement. If Purchaser fails to give Seller written notice on or prior to the end of the Inspection Period that Purchaser wishes to terminate this Agreement, then Purchaser shall be deemed to be satisfied with the condition of the Property, and willing to close this transaction in the manner and for the Purchase Price herein specified If Purchaser terminates this Agreement or if this Agreement automatically terminates pursuant to this Section 6.2, then this Agreement shall be terminated the Title Company shall return the Earnest Money to Purchaser (less the amount of $100 which shall be paid to Seller as independent consideration for Purchaser s right to terminate this Agreement pursuant to the provisions of this Section 6.2), and neither party shall have any further rights, duties or obligations hereunder except for those matters which expressly survive a termination of this Agreement. 6.3 Upon at least twenty-four (24) hours prior notice to Seller, and accompanied by a Seller representative if deemed necessary by Seller in Seller's sole discretion from and after the Effective Date, Purchaser, its agents or employees shall have reasonable access to the Property during all normal business hours, and Seller agrees to cooperate with Purchaser in Purchaser's inspection of the Property. 6.4. All inspections and testing of the Property on behalf of Purchaser are done at Purchaser s sole cost, risk, and expense. Purchaser will not alter the physical condition of the Purchase and Sale Agreement 3 Property without notifying Seller of its requested tests and obtaining Seller=s written consent, which may be granted or denied in Seller's sole discretion. 6.5 Purchaser agrees to indemnify, hold harmless and defend (with counsel reasonably satisfactory to Seller), and hereby releases, Seller, Seller's officers, employees, and agents, from and against all losses, claims, costs, damages, and liabilities arising out of or in connection with (i) damage to the Property caused during an inspection of the Property by Purchaser and its agents, servants, employees, and contractors, including, without limitation, attorneys' fees and court costs and expenses, whether at the trial or appellate level; (ii) injury to persons caused by Purchaser and its agents, servants, employees, and contractors arising out of Purchaser's inspection of the Property; and (iii) any liens filed against the Property arising out of Purchaser's inspection. The provisions of this Section 6.5 will expressly survive termination of this Agreement ARTICLE 7) Terms of Sale 7.1 Seller is selling the Property to Purchaser on an "As -Is" basis, and without any representations or warranties other than those expressly set forth in this Agreement. Purchaser is being afforded a lengthy inspection and feasibility period under this Agreement, during which Purchaser will have the opportunity to inspect and study every aspect of the Property, both personally and through consultants of Purchaser's choice, to Purchaser's entire satisfaction. Purchaser agrees that, anything herein to the contrary notwithstanding, if Purchaser closes its purchase of the Property, Purchaser will be doing so based upon its own studies and conclusions, and not based upon any representations or warranties of Seller or any agent of Seller other than those expressly contained in this Agreement. Seller specifically disclaims all implied warranties concerning the Property, including the implied warranties of condition, habitability, merchantability, or fitness for a particular purpose. Further, Seller makes no warranties regarding endangered species or environmental conditions and specifically disclaims any warranty, guaranty or representation, oral or written, express or implied, past, present, or future, concerning: (i) the nature and condition of the Property, including without limitation, the water, soil and geology, and the suitability thereof and the Property for any and all activities and uses which Purchaser may elect to conduct thereon, and the existence of any environmental substances, hazards or conditions or presence of any endangered or protected species thereon or compliance with all applicable laws, rules or regulations, (ii) the nature and extent of any right-of-way, lease, possession, lien, encumbrance, license, reservation, condition or otherwise, and (iii) the compliance of the Property or its operation with any law, ordinance or regulation of any federal, state, or local governmental authority, and (iv) whether or not the Property can be developed or utilized for any purpose For purposes hereof, "environmental substances" means the following; (a) any "hazardous substance" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.A. Section 9601 et. seq., as amended, (b) any "hazardous substance" under the Texas Hazardous Substances Spill Prevention and Control Act, Tex. Water Code, Section 26.261, et seq., as amended, (c) petroleum or petroleum -based products (or any derivative or hazardous constituents thereof or additives thereto), including without limitation, fuel and lubrication oils, (d) any "hazardous chemicals" or "toxic chemicals" under the Occupational Safety and Health Act, 29 U.S.C.A. Section 651 et seq., as Purchase and Sale Agreement 4 amended, (e) any "hazardous waste" under the Resource Conservation and Recovery Act, 42 U.S.C.A. Section 6901 et seq., as amended, (f) asbestos, (g) polychlorinated biphenyls, (h) underground storage tanks, whether empty, filled, or partially filled with any substance, (i) any substance, the presence of which is prohibited by federal, state or local laws and regulations, and (j) any other substance which by federal, state or local laws and regulations requires special handling or notification of governmental authorities in its collection, storage, treatment or disposal. References to particular acts or codifications in this definition include all past and future amendments thereto, as well as applicable rules and regulations as now or hereafter promulgated thereunder. Purchaser agrees that this provision of the Agreement is a material portion of the consideration for Purchaser's purchase, and acknowledges that Seller would not agree to sell the Property to Purchaser on any other basis. The provisions of this Section will survive closing ARTICLE 8) Closing Matters 8.1 Unless this Agreement is earlier terminated, the transactions contemplated hereby shall be closed (the "Closing") on the thirtieth (30`h) day after expiration of the Inspection Period, or on such earlier date as Purchaser and Seller shall mutually agree (the "Closing Date' ). Closing shall be at the offices of the Title Company or at such other location acceptable to both Seller and Purchaser. 8.2 At Closing: (a) Purchaser shall: (1) pay to Seller the Purchase Price; (2) execute a counterpart original of the Bill of Sale, (3) execute a closing statement prepared by the Title Company setting forth the charges to Purchaser and prorations specified below; and (4) deliver to Seller and the Title Company appropriate evidence of the existence and authority of Purchaser. (b) Seller shall: (1) execute and deliver to Purchaser the Deed and an executed counterpart original of the Bill of Sale; and (2) execute a closing statement prepared by the Title Company setting forth the charges to Seller and the prorations specified below. (c) The Title Company shall issue an owner s policy of title insurance (the "Owner's Policy ') to Purchaser in standard promulgated form, in the amount of the Purchase Price, and reflecting only the standard printed exceptions and the Permitted Exceptions. 8.3 At Closing, Seller shall pay the base premium cost of the Owner's Policy; provided, however, that Purchaser shall bear any additional cost or premiums for deleting any exceptions or obtaining endorsements to the Owner's Policy if such deletion or endorsement is requested by Purchase and Sale Agreement 5 Purchaser and available. Other expenses charged by the Title Company in connection with the Closing, such as escrow fees and recording costs shall be divided equally between Seller and Purchaser at Closing. Each party shall bear its own legal expenses and all other expenses not specifically addressed in this Agreement shall be allocated as is customary in Williamson County Texas. 8.4 At Closing, real estate and personal property taxes shall be prorated based upon the most recent tax bill available. If for any reason ad valorem taxes for such calendar year have not been assessed as of the Closing Date, such proration shall be based upon the tax rate for the immediately preceding year applied to the latest assessed valuation of such taxing entity, which proration shall be considered final for all purposes, and not subject to adjustment. 8.5 If reasonably possible, Seller shall cause the providers of all utilities to the Property to read the meters or otherwise determine the charges with respect to such service on and through the Closing Date. Seller shall be responsible for all such utility expenses prior to the Closing Date and Purchaser shall be responsible for any utilities provided on or subsequent to the Closing Date. If Seller is not able to get a particular utility service to read the meter or otherwise determine the charges for such utility through the Closing Date, Seller and Purchaser shall prorate the expenses associated with such utility service after the Closing based on the number of days covered by the bill sent by such utility which includes the Closing Date. Seller shall be entitled to have all utility services discontinued from its name or the name of its property manager on the Closing Date and shall be entitled to receive all deposits and refunds paid by the utility providers with respect to such service. Seller and Purchaser shall cooperate reasonably in arranging for utility services to be provided in the name of Purchaser or its property manager; provided, that Purchaser shall be responsible for all deposits connection fees and other charges and expenses associated with such services. ARTICLE 9) Default a) If Seller is in default hereunder, Purchaser not being in default, Purchaser may, as Purchaser's sole remedies, either enforce specific performance of this Agreement against Seller, or cancel this Agreement and receive a refund of all Earnest Money. Failure to cure title or survey objections shall not be treated as a default by Seller and in such cases, Purchaser's only remedy shall be to terminate this Agreement and receive a refund of all Earnest Money as provided herein. b) If Purchaser is in default hereunder, Seller not being in default, Seller, as Seller's sole remedy may cancel this Agreement and retain all Earnest Money, such amount constituting liquidated damages and not a penalty, it being agreed that such sum is reasonable in view of the difficulty of ascertaining actual damages, Seller waiving any other remedies to which Seller may otherwise be entitled. 9.3 Notwithstanding the foregoing, nothing herein contained shall limit the remedies available to either Seller or Purchaser for any matter which expressly survives closing or termination of this Agreement. ARTICLE 10) Purchase and Sale Agreement 6 Condemnation and Casualty a) During the period from the date hereof to Closing, all risk of loss from condemnation or eminent domain shall be borne by Seller If any condemnation proceedings are instituted or threatened between the date hereof and Closing, Purchaser may elect to close and receive an assignment of all condemnation awards, or cancel this Agreement and receive a refund of all Earnest Money. 10.2 During the period from the date hereof through Closing, all risk of loss from fire or other casualty shall be borne by Seller. If any such casualty loss in an amount in excess of $350 000.00 occurs between the date hereof and Closing, Purchaser may elect to close and receive an assignment of all insurance proceeds, or cancel this Agreement and receive a refund of all Earnest Money If Purchaser elects to cancel this Agreement pursuant to this paragraph Seller shall be entitled to retain any and all insurance proceeds. ARTICLE 11) Attorney's Fees a) If either party brings suit for the breach of any covenant, condition or agreement contained herein, the prevailing party shall be entitled to recover all reasonable attorney's fees and expenses in connection therewith. ARTICLE 12) Notices a) Any notice pursuant to this Agreement shall be given in writing by (a) personal delivery, or (b) expedited delivery service with proof of delivery, or (c) United States Mail postage prepaid registered or certified mail, return receipt requested, or (d) prepaid telegram telex, fax, or electronic mail (provided that such telegram, telex, fax, or electronic mail is confirmed by expedited delivery service or by mail in the manner previously described), sent to the intended addressee at the address set forth below, or to such other address or to the attention of such other person as the addressee shall have designated by written notice sent in accordance herewith, and shall be deemed to have been given either at the time of personal delivery, or, in the case of expedited delivery service, as of the date of first attempted delivery at the address and in the manner provided herein, or, in the case of mail, on the third (3`d) business day after deposited in the U.S mail as provided in subpart (c) of this Section 12.1, or in the case of telegram, telex or telecopy upon receipt. Unless changed in accordance herewith, the address for notices given pursuant to this Agreement shall be as follows: Purchase and Sale Agreement 7 To Seller at: With a copy to: City of Georgetown 113 E. 8th Street Georgetown, Texas 78627 Attn• Paul E. Brandenburg, City Manager Tel: (512) 930-3651 Fax: (512) 930-3622 E-Mail: pbrandenburg@georgetown.tx.org Patricia E. Carts Carts, McDonald & Dalrymple, LLP Barton Oaks Plaza Building 2, Suite 500 901 South MoPac Expressway Austin, Texas 78746 Tel: (512) 623-5431 Fax: (512) 472-8403 E-Mail: tcarls(aicmcdlaw.com And To Purchaser at: Attention: Tel: ( ) Fax ( ) E-Mail: ARTICLE 13) Time is of the Essence a) The obligations and undertakings of the parties hereto shall be performed within the time specified therefor, time being of the essence, and failure to perform within such time shall constitute a breach of this Agreement on the part of the party who fails to perform. ARTICLE 14) Binding Fffect; Assignment a) This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, successors and permitted assigns. Purchaser shall not assign or transfer all of any part of its interest under this Agreement without the express written consent of Seller. ARTICLE 15) Other Provisions a) This writing and the exhibits hereto set forth the entire agreement between the parties, and no other statement, agreement or understanding, oral or written, will be recognized Purchase and Sale Agreement 8 or enforced unless the same shall be in writing and signed by both parties subsequent to the date hereof. b) Purchaser may, at Purchaser's option, waive any condition or contingency of this Agreement and proceed to close despite the condition or contingency c) This Agreement may be executed simultaneously in two (2) or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. d) This Agreement shall be governed by Texas law and all causes of action in connection herewith shall be maintained in proceedings filed in Williamson County, Texas. e) If any of the deadlines set forth herein end on a Saturday, Sunday or legal holiday, such deadline shall automatically be extended to the next day which is not a Saturday Sunday or legal holiday. The term `business days" as used herein shall mean all days which are not a Saturday, Sunday or legal holiday. f) Seller and Purchaser each represent and warrant to the other that they have full authority to execute this Agreement and fulfill all of the terms and conditions hereof. Seller and Purchaser shall present to each other and the Title Company all reasonable evidence of authority which may be requested in connection with this Agreement. 15.7 If, and only if, this transaction closes in accordance with this Agreement Seller shall pay any broker retained by Seller by separate written agreement ("Seller's Broker') a commission in accordance with such separate agreement. Any broker retained by Purchaser shall be obligated to execute a separate agreement for sharing commission with Seller's Broker, and Seller shall not be a party to such agreement, nor liable for the payment of any commission directly to Purchaser's broker. Seller and Purchaser agree to hold one another harmless from any cost or claim of any other agent, broker or other person alleging to be acting for the indemnifying party for fee, commission or other compensation by reason of this transaction. ARTICLE 16) Offer; Effective Date a) The parties agree to deposit with the Title Company a fully executed copy of this Agreement with all attachments and exhibits hereto. The date of the Title Company's receipt of such fully executed copy of this Agreement as set forth below shall be deemed to be the date of this Agreement and shall be referred to as "the date hereof' or the "Effective Date". [The remainder of this page is intentionally left blank] Purchase and Sale Agreement 9 IN WITNESS WHEREOF, this Agreement has been duly executed on the dates set forth below, to be effective on the Effective Date. SELLER: CITY OF GEORGETOWN a Texas home -rule municipal corporation Date: By: Name. Title: APPROVED AS TO FORM: Patricia E. Carls, Carls, McDonald & Dalrymple, LLP City Attorney PURCHASER: A Date: By• Name: Title: Purchase and Sale Agreement 10 Receipt of executed copy of this Agreement is hereby acknowledged this day of , 200 . GEORGETOWN TITLE COMPANY By: Escrow Officer Purchase and Sale Agreement 11 EXHIBIT A TO PURCHASE AND SALE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED [WITH VENDOR'S LIEN* THE STATF OF TEXAS § COUNTY OF WILLIAMSON§ KNOW ALL PERSONS BY THESE PRESENTS: That CITY OF GEORGETOWN, a Texas home -rule municipal corporation, situated in Williamson County, Texas ("Grantor '), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration to the undersigned paid by , a ("Grantee"), whose address for purposes hereof is , the receipt and sufficiency of which is hereby acknowledged and confessed, [and for the further consideration of the execution and delivery by Grantee of its one certain promissory note (the "Note ) of even date herewith in the original principal sum of and No/100 Dollars ($ ), payable to the order of [provider of new third -party financing] ("Lender") upon the terms and bearing interest as therein provided, and secured in part, by the vendor's lien herein retained and transferred to Lender in this deed,]* has GRANTED BARGAINhD, SOLD, and CONVEYED, and by these presents does GRANT, BARGAIN SELL, and CONVEY unto Grantee, that certain tract of real property situated in Williamson County Texas being more particularly detailed on Exhibit A attached hereto and made a part hereof (the "Land"), together with all improvements thereon ("Improvements"), and all of Grantor's right title and interest, if any, in and to all related rights and appurtenances to the Land and Improvements (collectively, the `Property"). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, and its successors and assigns forever; and Grantor does hereby bind itself its successors and assigns to WARRANT AND FOREVER DEFFND, all and singular the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, by, through or under Grantor, but not otherwise. * [Lender, at the instance and request of Grantee, having advanced and paid in cash to Grantor as a portion of the purchase price of the Property, a portion of the proceeds of the loan evidenced by the Note, the Vendor's Lien and the Superior Title in and to the Property are retained against the Property for the benefit of Lender, and the same are hereby transferred and assigned to Lender and its successors and assigns, without recourse to Grantor, and Lender and its successors * These provisions to be added at Purchaser's request in the event of third party financing. Purchase and Sale Agreement 12 and assigns, shall have the right to release said Vendor's Lien upon the payment of the Note or otherwise.] This conveyance is made and accepted subject to the exceptions to title described in Exhibit B attached hereto and made a part hereof. EXECUTED as of , 2009. GRANTOR: CITY OF GEORGETOWN a Texas home -rule municipal corporation Date: By: Name: Title: Purchase and Sale Agreement 13 EXHIBIT A to Special Warranty Deed Land Description All that certain tract or parcel of land comprising Lot 1, Block B, FOSTER SQUARE, a subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet N, Slide 47 Plat Records of Williamson County, Texas, together with all improvements, structures fixtures, equipment and landscaping constructed thereon. Purchase and Sale Agreement 14 EXHIBIT B to Special Warranty Deed (Permitted Exceptions) [To be added] Purchase and Sale Agreement 15 EXHIBIT B TO PURCHASE AND SALE AGREEMENT Date: , 2009 Quitclaim Bill of Sale Grantor: CITY OF GEORGETOWN, a Texas home -rule municipal corporation, situated in Williamson County, Texas Grantor/s Mailing Address: Grantee: , a Grantee/s Mailing Address: Real Property (including improvements): All that certain tract or parcel of land comprising Lot 1, Block B, FOSTER SQUARE, a subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet N, Slide 47, Plat Records of Williamson County, Texas, together with all improvements structures fixtures, equipment and landscaping constructed thereon. Transferred Properties: All of Grantor's rights, if any, in any to any licenses and permits relating to the Real Property as of the date hereof, and any personal property or fixtures located on the Real Property as of the date hereof. Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged. For the Consideration, Grantor does hereby CONVEY AND QUITCLAIM UNTO Grantee the Transferred Properties; TO HAVE AND TO HOLD the same unto Grantee its successors and assigns forever. The Transferred Properties are hereby conveyed and quitclaimed and this Bill of Sale is made, and is accepted by Grantee, on an "AS IS, WHERE IS, WITH ALL FAULTS," basis, without covenants representations or warranties of any kind, whether expressed or implied, and all representations and warranties that might have existed or been applied under statutory or common law are hereby expressly excluded to the maximum extent allowed by law. When the context requires, singular nouns and pronouns include the plural. Purchase and Sale Agreement 16 Executed on the dates set forth below. GRANTOR: CITY OF GEORGETOWN a Texas home -rule municipal corporation Date: By: Name: Title: GRANTE I- : a Date: By: Name: Title: Purchase and Sale Agreement 17 Attachment 2 Certification of No Debts Owed to the City THE STATE OF TEXAS COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: I, individually and/or as an authorized representative of the organization submitting a proposal for the property ("Purchaser") represent and certify to the City of Georgetown that for any and all properties located within the City of Georgetown that are owned by Purchaser including the individuals or entities submitting the proposal to purchase the property their spouses and any individual, their spouse or entity with a shared controlling interest, that there are: 1) no outstanding City of Georgetown judgments; 2) no tax delinquencies; 3) no unpaid liens or outstanding, open City Code violations; 4) no defaults on Municipal Court or District Court orders; 5) no assessments or fees owed to the City of Georgetown; 6) no more than 1 citation per property within the last six (6) months for City Code violations; 7) no more than 2 citations per property within the last twelve (12) months for City Code violations; 8) no more than 1 mow/clean, securing or demolition lien on each property within the last twelve (12) months. A complete list of all properties, located within the City of Georgetown, that are owned by Purchaser and the additional individuals and entities hereinabove specified, including owner's names, addresses and tax account numbers is attached hereto and made a part hereof. City Code violations are defined herein as high weeds, litter, illegal storage, junk motor vehicle violations securing and zoning or structure violations; excluding parking on unimproved surfaces, bulky trash (put out too early for pickup) and signs A citation that has been dismissed or the defendant found not guilty shall not be included in the determination of the number of citations issued. I hereby certify that the information in this Certification of No Debts Owed to the City Form, including any and all attachments and referenced information, is factual and complete. Name Signature• Date: Attachment 3 List of Properties Owned Within the City of Georgetown A complete list of all properties located within the City of Georgetown, that are owned by Purchaser and the additional individuals and entities herein specified, including owner's names, addresses, and tax account numbers. Owner(s) Name Property Address Tax Account Number I hereby certify that the information in this List of Properties Owned Within the City of Georgetown Foirii, including any and all attachments and referenced information, is factual and complete. Name Signature: Date: Attachment 4 Additional Bidder Information Form 1. Upon the successful bid of this property, what is your primary purpose for this property? 2. Legal Name or Company Name. 3. Legal Status - I certify that I/we do business as a (check one only): ❑ Individual(s) o Limited Partnership ❑ Corporation Trust or Estate ❑ Limited Liability Company ❑Not -for -Profit Corporation ❑ Corporation ❑ Other: 4. Type or Nature of Business: Management: Please Identify ALL Officers of the Company. Title: , Name: Title: , Name: Title: , Name: Title: , Name: 5. Have you successfully bid on other surplus properties held by the City? ❑ YES ❑ NO 6. If you checked Yes above: (a) How many properties have you purchased; and (b) Have these properties been developed (vacant) or renovated (improved)? 7. Are you a builder/developer? ❑ YES ❑NO I hereby certify that the information in this Additional Bidder Information Form, including any and all attachments and referenced information is factual and complete. Name Signature* Date: CI FORM CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY Date Received Thisquestionnaire beingfiled Chapter 176, Local Government Code is in accordance with p by has business defined by Section 176.001(1-a) local a person who a relationship as with a the Section 176.006(a) governmental entity and person meets requirements under By law this be filed the the local questionnaire must with records administrator of governmental later than the 7th business day the date the becomes facts entity not after person aware of that the to be filed. See Section 176.006, Local Government Code. require statement A the knowingly Section 176.006, Local person commits an offense if person violates Government Code. An this Class C offense under section is a misdemeanor. J Name of person who has a business relationship with local governmental entity. J Check this box if you are filing an update to a previously filed questionnaire. (The later law than requires the 7th business that you day file an updated the date completed the questionnaire filed with the becomes appropriate filing authority not after originally questionnaire incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. Name Officer This section (item 3 including business subparts A, B, defined C & D) of by must Section be 176.001(1-a), completed for each Local officer Government with whom Code. the Attach filer has an employment pages to this or Form other CIQ as necessary. relationship as additional A. income, Is the from local government the filer of the officer questionnaire? named in this section receiving or likely to receive taxable income, other than investment Yes No B. Is the filer the likely to taxable than from direction governmental of of the entity? local questionnaire government receiving officer or named in this receive section AND income, other the taxable income investment is not received income, from or at the local the Yes No C. Is the filer this by business to the local of questionnaire employed a corporation or other entity with respect which director, holds 10 government officer serves as an officer or or an ownership of percent or more'? Yes No D. Describe business the local this each employment or relationship with government officer named in section. 4 Signature of person doing business with the governmental entity Date Adopted 06/29/2007 Attachment 6 Bid Deposit/Escrow Deposit (to be provided by bidder)