Contract - Pamela Nell Helgerson - 1/24/2019 REAL ESTATE CONTRACT
THIS REAL ESTATE CONTRACT("Contract")is made by and between PAMELA NELL
HELGERSON, (referred to in this Contract as"Seller")and the CITY OF ROUND ROCK,TEXAS
(referred to in this Contract as"Purchaser"),upon the terms and conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to
pay for,the tract(s) of land described as follows:
Lot 4, Block 36, Original Plat, City of Round Rock, an addition in Williamson
County, Texas, according to the map or plat thereof recorded in the Official Public
Records of Williamson County, aka 204 Liberty Ave. Round Rock, Texas
together with all and singular the rights and appurtenances pertaining to the property, including any
right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real
property, rights, and appurtenances being referred to in this Contract as the "Property"), for the
consideration and upon and subject to the terms, provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Purchase Price
2.01. The Purchase Price for the Property shall be the sum of TWO HUNDRED EIGHTY-
FIVE THOUSAND and 00/100 Dollars ($285,000.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated
hereby are subject to the satisfaction of each of the following conditions (any of which may be
waived in whole or in part by Purchaser at or prior to the Closing).
Helgerson contract;clean final draft;01-14-19(004162 77)
Miscellaneous Conditions
3.02. Seller shall have performed, observed, and complied with all of the covenants,
agreements, and conditions required by this Contract to be performed, observed,and complied with
by Seller prior to or as of the Closing.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLER
4.01. Seller hereby represents and warrants to Purchaser as follows, which representations
and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date, to the best
of Seller's knowledge:
(a) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than previously disclosed to Purchaser;
(b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules
and restrictions relating to the Property, or any part thereof.
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Georgetown Title Company on or before
February 12, 2019, or at such time, date, and place as Seller and Purchaser may agree upon, or
within 10 days after the completion of any title curative matters if necessary, for items as shown on
the Title Commitment or in the contract(which date is herein referred to as the "Closing Date").
Seller's Obligations at Closing
5.02. At the Closing Seller shall:
(1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged Deed
conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and
all liens and restrictions, except for the following:
(a) General real estate taxes for the year of closing and subsequent years not yet
due and payable;
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(b) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
(2)The Deed shall be in the form as shown in Exhibit"A" attached hereto.
(3)Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by
Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring Grantee's
fee simple and/or easement interests in and to the Property subject only to those title exceptions
listed herein, such other exceptions as may be approved in writing by Purchaser, and the standard
printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record", if applicable; and
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed "Not Yet Due and Payable".
(4) Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall pay the Purchase Price and the closing costs described
in 5.05 below.
Prorations
5.04. General real estate taxes for the then current year relating to the Property shall be
prorated as of the Closing Date and shall be adjusted in cash at the closing. If the Closing shall occur
before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the
basis of the tax rate for the next preceding year applied to the latest assessed valuation.Agricultural
roll-back taxes, if any, shall be paid by Purchaser.
Closing Costs
5.05. All costs and expenses of closing in consummating the sale and purchase of the
Property shall be borne and paid as follows:
(1) Owner's Title Policy and survey to be paid by Purchaser.
(2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser.
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(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid by each respectively.
ARTICLE VI
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of its obligations hereunder or
shall fail to consummate the sale of the Property for any reason, except Purchaser's default,
Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow
Deposit, if any, shall be forthwith returned by the title company to Purchaser.
ARTICLE VII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to receive the
Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages for
the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the
terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its
total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow Deposit
has been made then Seller shall receive the amount of$500 as liquidated damages for any failure
by Purchaser.
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail,postage prepaid, certified mail,return receipt requested, addressed
to Seller or Purchaser,as the case may be, at the address set forth opposite the signature of the party.
Texas Law to Apply
8.02. This Contract shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Williamson County,
Texas.
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Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
8.04.In case any one or more of the provisions contained in this Contract shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
8.06. Time is of the essence in this Contract.
Gender
8.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
8.08. Upon request of either party,the parties shall promptly execute a memorandum of this
Contract suitable for filing of record.
Compliance
8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance
or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's
own selection.
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Effective Date
8.10 This Contract shall be effective as of the date it is approved by the Round Rock city
council, which date is indicated beneath the Mayor's signature below.
Counterparts
8.11 This Contract may be executed in any number of counterparts, which may together
constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered
effective as originals for purposes of this Contract.
8.12 This Contract is in lieu of condemnation.
[signature page follows]
SELLER:
PAMELA NELL HELGERSON,
4030 Honey Bear Loop
Round Rock, Texas 78681
Date: January , 2019
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By:
Craig NYrganrexas
yor
221 E. Main S5 .
Round Rock, 78664
Date: January 24, 2019
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