RFB #RV-204580– SALE OF SURPLUS PROPERTIES
CHARTER SCHOOL BID PACKAGE
Pursuant to section 11.1542 of the Texas Education Code, the Board of Trustees of the Dallas
Independent School District (Dallas ISD) is soliciting Competitive Sealed Bids for the purchase of the
surface estate only of the following six (6) real properties and any improvements thereon:
1. 2910 S. BECKLEY AVENUE (BLK 8/4107 LT 1A) CONSISTING OF 0.642 ACRES (27,966
SQ. FT.) OF LAND, MORE OR LESS, LOCATED IN DALLAS, DALLAS COUNTY, TEXAS.
2. 615 N. KAUFMAN STREET (TR 59) CONSISTING OF 4.93 ACRES (214,751 SQ. FT.) OF
LAND, MORE OR LESS, LOCATED IN SEAGOVILLE, DALLAS COUNTY, TEXAS.
3. 1403 CORINTH STREET (BLK F/900 LTS 1-5) CONSISTING OF 1.4 ACRES (61,350 SQ. FT.)
OF LAND, MORE OR LESS, LOCATED IN DALLAS, DALLAS COUNTY, TEXAS.
4. 4212, 4220, 4226 & 4232 EAST GRAND AVENUE AND 1207 & 1229 FLECTHER STREET
(BLK 28/1271 LTS 9-26) CONSISTING OF 3.78 ACRES (164,700 SQ. FT.) OF LAND, MORE
OR LESS, LOCATED IN DALLAS, DALLAS COUNTY, TEXAS.
5. 2530 S. ERVAY STREET (BLK H/874 PART OF LT 7A) CONSISTING OF 0.28 ACRES
(12,185 SQ. FT.) OF LAND, MORE OR LESS, LOCATED IN DALLAS, DALLAS COUNTY,
TEXAS.
6. 3510 S. BECKLEY AVENUE (BLK 5997 TR B) CONSISTING OF 3.12 ACRES (135,729 SQ.
FT.) OF LAND, MORE OR LESS, LOCATED IN DALLAS, DALLAS COUNTY, TEXAS.
THE SURFACE ESTATE OF EACH PROPERTY, TOGETHER WITH ANY IMPROVEMENTS
THEREON, SHALL BE SOLD INDIVIDUALLY, “AS IS, WHERE IS, WITH ALL LATENT
AND PATENT DEFECTS AND FAULTS.” THERE IS NO WARRANTY OF ANY KIND BY
THE DISTRICT, INCLUDING THAT ANY PROPERTY IS FIT FOR A PARTICULAR
PURPOSE. IN ADDITION, THE PROPERTIES ARE BEING SOLD SUBJECT TO THE
CONDITIONS, EXCEPTIONS AND RESERVATIONS CONTAIN IN THE INVITATION TO
BID, INSTRUCTIONS TO BIDDERS, AND EXHIBITS THERETO, AND SUBJECT TO ALL
RECORDED INSTRUMENTS. THE SALE OF THE PROPERTIES DOES NOT INCLUDE THE
MINERAL ESTATE.
THE SUCCESSFUL BIDDER WILL BE REQUIRED TO PURCHASE THE PROPERTY BY
PAYMENT IN FULL IN CASH OR BY CASHIER’S CHECK AT THE TIME OF CLOSING.
THE DEADLINE FOR SUBMITTING BIDS IS 2:00 P.M. (CENTRAL TIME) ON FRIDAY,
OCTOBER 30, 2015. ANY BIDS RECEIVED AFTER THE ABOVE DEADLINE WILL BE
RETURNED UNOPENED. BIDS WILL BE RECEIVED AT DALLAS ISD, PROCUREMENT
SERVICES DEPARTMENT, 3700 SAN JACINTO STREET, DALLAS, TEXAS 75204.
BIDS RECEIVED AFTER THE DEADLINE, FAXED BIDS, OR ELECTRONIC BIDS SHALL NOT
BE CONSIDERED.
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 1 of 42
INTERESTED PARTIES CAN OBTAIN A BID PACKAGE, INCLUDING INSTRUCTIONS AND
BID FORMS BY DOWNLOADING IT FROM THE DALLAS ISD WEBSITE HOMEPAGE AT
WWW.DALLASISD.ORG AT THE “VENDOR OPPORTUNITIES” LINK. INTERESTED PARTIES
MAY INSPECT THE PROPERTIES BY APPOINTMENT, BY CONTACTING DALLAS ISD, REAL
PROPERTY MANAGEMENT AT 972.925.5142.
THE PROPERTIES MAY CONTAIN ASBESTOS, ASBESTOS-CONTAINING MATERIAL, OR
OTHER ENVIRONMENTAL CONDITIONS. THE PURCHASER SHALL BE REQUIRED TO
ASSUME ALL DUTIES, COSTS, AND RISKS OF ABATEMENT OF SUCH CONDITIONS, IF ANY.
ANY REPORTS REGARDING ASBESTOS THAT DALLAS ISD MAY HAVE ON THE
PROPERTIES ARE AVAILABLE FOR REVIEW BY CONTACTING THE ENVIRONMENTAL
HEALTH & SAFETY DEPARTMENT AT 972.925.5103.
ALL BIDDERS MUST COMPLY WITH THE BID SPECIFICATIONS ADOPTED BY DALLAS ISD
AND OUTLINED IN THE REQUEST FOR BID. BIDS MUST BE SUBMITTED ON THE BID
FORMS INCLUDED IN THE BID PACKAGE. BID RESPONSES NOT MADE AS SET FORTH IN
THE BID PACKAGE MAY BE DEEMED NON-RESPONSIVE AND MAY NOT BE CONSIDERED.
THE BOARD OF TRUSTEES IS NOT REQUIRED TO ACCEPT AN OFFER MADE BY AN OPEN
ENROLLMENT CHARTER SCHOOL OR ANY OFFER/BID. DALLAS ISD RESERVES THE RIGHT
TO REJECT ANY AND ALL BIDS.
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 2 of 42
RFB #RV-204580– SALE OF SURPLUS PROPERTIES
CHARTER SCHOOL BID PACKAGE
INSTRUCTIONS TO BIDDERS
1. Read these instructions and the Sealed Bid Form(s) carefully. You must submit a complete
bid or it may be disqualified.
2. Included in this Request for Bid solicitation are six (6) properties for sale. There are
individual Sealed Bid Forms for each property. Interested parties may bid on one or multiple
properties.
3. Included with each Sealed Bid Form is an aerial photo used to illustrate the location of each
property. No survey plat is provided as part of this Request for Bid solicitation.
4. Complete, sign and date the Sealed Bid Form(s) for the respective property(ies) you are
bidding on. The form(s) must include the bid amount (written numerically and
alphabetically), your full name and address, contact phone numbers, and company name (if
applicable). There is no minimum bid amount.
5. You must enclose with each Sealed Bid Form a deposit of One Thousand and No/100 Dollars
($1,000.00), payable to the Dallas Independent School District, in the form of a certified
check, cashier’s check or money order only. The submission of a personal check, business
check, or cash will automatically disqualify your bid.
Deposits will be held by Dallas ISD until award is made or offer(s)/bid(s) are rejected. The
deposit amount will be applied towards the purchase price of the successful bid. The
deposits of unsuccessful bidders can be picked up at Dallas ISD Procurement Service
Department after the bid has been awarded or offer(s)/bid(s) have been rejected.
If bidding on multiple properties, a separate $1,000.00 deposit is required for each property.
For example, if you are bidding on three properties, three separate $1,000.00 deposits are due
with your bids.
6. Included in this Request for Bid solicitation are a Felony Conviction Notification, Conflict of
Interest Questionnaire, and Family Conflict of Interest Questionnaire, which must be
completed, signed and dated by each bidder. The forms must accompany the Sealed Bid
Form(s).
7. Place your completed and signed Sealed Bid Form(s), Felony Conviction Notification(s),
Conflict of Interest Questionnaire(s), Family Conflict of Interest Questionnaire(s) and
$1,000.00 deposit(s) in a sealed envelope.
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 3 of 42
8. On the exterior of the sealed envelope, legibly write the following:
RFB #RV-204580– SALE OF SURPLUS PROPERTIES
CHARTER SCHOOL BID PACKAGE
BID DEADLINE – FRIDAY, OCTOBER 30, 2015 – 2:00 p.m.
9. Submit the sealed bid envelope to: Procurement Services
Attn: Rosa Viloria
Dallas ISD
3700 San Jacinto Street
Dallas, Texas 75204
10. All sealed bids must be received by 2:00 p.m. CST, on Friday, October 30, 2015. All
bids are time and date stamped by Procurement Services upon receipt. Bids received after
the bid closing date and time will be disqualified and returned unopened.
11. On or after the Charter School Bid Deadline, Dallas ISD will advertise the sale of the
properties to the general public as required by Local Government Code sec. 272.001.
12. All Charter School Sealed Bids and public sealed bids received will be publically opened and
read aloud promptly after 2:00 p.m. CST, on December 11, 2015. You may, but are not
required to be present at the bid opening for your bid to be considered.
13. After both the Charter School Bid Deadline and the public bid deadline, the Dallas ISD
Board of Trustees will consider the bids at a future Board meeting. Dallas ISD is not
obligated to accept any Charter School Bid or any public bid.
14. Dallas ISD reserves the right to accept or reject any and/or all proposals, bids and offers, to
waive any and all irregularities and formalities, and to award the bid in the best interest of the
Dallas Independent School District.
15. The Dallas ISD Board of Trustees is expected to take action on this Request for Bid
solicitation within 160 days of the bid closing date.
16. Any questions concerning the sealed bid process must be received in writing by the
Procurement Services Department, on or before, October 22, 2015. Questions received after
this date will not be answered. Submit all questions to Ms. Rosa Viloria, at
rviloria@dallasisd.org. If necessary, an Addendum will be issued. Any verbal or written
information, which is obtained other than by information in this RFB document, or by
addendum, shall not be binding on Dallas ISD.
Rosa Viloria
Rosa Viloria
Procurement Services
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
10/2/2015
Date
Page 4 of 42
RFB #RV-204580 – SALE OF SURPLUS PROPERTIES
CHARTER SCHOOL BID PACKAGE
SEALED BID FORM - PROPERTY NO. 1
2910 S. BECKLEY AVENUE (BLK 8/4107 LT 1A)
CONSISTING OF 0.642 ACRES (27,966 SQ. FT.) OF LAND, MORE OR LESS,
LOCATED IN DALLAS, DALLAS COUNTY, TEXAS
I (We) make the following cash purchase offer for the surface estate and any improvements thereon of the real
property listed above in the amount of:
Dollars ($
)
Enter amount of bid alphabetically and numerically. In the event of ambiguity or illegibility in the bid amount, Dallas ISD
reserves the right to reject the bid.
I (We) have read and understand that by submitting this purchase offer I (we) agree and attest to the following:
Open Enrollment Charter schools located wholly or partly within the Dallas Independent School District (Dallas
ISD) boundaries are being provided at least fifteen (15) days advanced notice that Dallas ISD will accept sealed
bids on said property prior to publication to the general public. The Dallas ISD Board of Trustees is not required
to accept an offer made by an open enrollment charter school. Dallas ISD reserves the right to reject any and all
bids.
Included with this Sealed Bid Form is a deposit, in the form of a cashier’s check, certified check or money order
in the amount of One Thousand and No/100 dollars ($1,000.00) payable to the Dallas Independent School
District. Said deposit may be held by Dallas ISD until a final decision has been made on the winning bid, the
rejection of this or all bids, or for up to one hundred and ninety (190) days from the bid closing date, whichever
comes first. The deposit of the winning bidder will be credited toward the purchase price. Deposits for nonsuccessful or rejected bids can be picked up at the Dallas ISD Procurement Services Department after the award
has been made. Deposits shall not earn interest while in Dallas ISD possession.
The sale of the surplus property to the winning bidder is subject to the approval of the Dallas ISD Board of
Trustees.
The winning bidder will be required to execute a “Contract of Sale” within fifteen (15) days of the bid award by
the Dallas ISD Board of Trustees. A draft copy of the Contract of Sale is included in this Bid Package as Exhibit
A. Dallas ISD will consider proposed changes to the form of the Contract of Sale; however, Dallas ISD reserves
the right to reject any proposed changes that materially change the terms of the sale.
The winning bidder must complete the closing of the transaction within sixty (60) days of the bid award by the
Dallas ISD Board of Trustees. Time extensions may be considered under special circumstances.
The winning bidder will pay all closing costs associated with the purchase. Dallas ISD will not pay any portion of
the closing costs.
The winning bidder must pay the balance of the bid amount (purchase price) at closing together with all costs of
closing as set out in the Contract of Sale. The winning bidder represents that by submitting this bid they are
financially capable of obtaining and have readily accessible funds to pay the balance of the purchase price. If the
winning bidder fails or refuses to consummate the transaction following the approval of the sale by the Dallas ISD
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 5 of 42
Board of Trustees, the deposit shall be retained by Dallas ISD as liquidated damages. After execution and delivery
of the Contract of Sale by the bidder, if the bidder terminates the contract pursuant to any right to terminate
contained in the Contract of Sale, except Seller’s default, bidder shall not recover the earnest money.
The winning bidder will receive a Deed Without Warranty as the property conveyance instrument. A draft copy of
the Deed Without Warranty is included in this Bid Package as Exhibit B. Dallas ISD will consider proposed
changes to the form of Deed; however, Dallas ISD reserves the right to reject any proposed changes that
materially change the terms of the sale.
The property is being offered “as is, where is, with all latent and patent defects and faults” and is subject to all
visible and apparent easements and any other instruments of record. To the maximum extent allowed by law,
Dallas ISD expressly disclaims, and the winning bidder expressly waives, any warranty or representation,
expressed or implied, including without limitation any warranty of condition, habitability, merchantability or
fitness of the property for any particular purpose. The property may contain environmental conditions. The
property is sold subject to the exclusions, exceptions, conditions and stipulations of record and contained in the
Title Search prepared by the Title Company. Such exclusions, exceptions, conditions and stipulations, shall be
Permitted Exceptions in the Contract of Sale.
It is the responsibility of all bidders to examine all applicable building codes and City ordinances to determine
whether the property can be used for the purposes desired.
Dallas ISD disclaims responsibility as to the accuracy or completeness of any information relating to the property
for sale, and for any misrepresentations, failures of disclosure, errors, or negligent or wrongful acts occurring in
the context of or pertaining to the solicitation of bids or closing of the transaction.
Employees of Dallas ISD, members of the Board of Trustees, any business entity in which a Board member holds
a significant interest, and members of the immediate family of Dallas ISD employees and Board members are not
eligible to bid/purchase Dallas ISD real property.
By signing this Sealed Bid Form, I (we) hereby waive and release any rights I (we) may have either now or in the
future, to undertake any legal or equitable action against Dallas ISD, its Board of Trustees, or its employees for
failure to properly advertise or notice the sale of the properties or to properly conduct the sale of the properties,
and hereby covenant not to sue Dallas ISD, its Board of Trustees, or employees in connection with the
advertisement, solicitation of bids, or sale of the properties.
Bidder may request permission to withdraw a bid prior to the actual time for bid opening. Such request must be
made in writing at the same location designated to receive the bid. Dallas ISD shall return the bid documents
unopened at that time.
Signature
Date
Legibly print full legal name
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Signature
Date
Legibly print full legal name
Page 6 of 42
Address:
Street
Company (if applicable)
City
Phone:
State
Zip Code
_________________________________
Home: (
)
Cell:
Work: (
)
E-mail:
Facsimile: (____)____________________________
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
(
)
Title: __________________________________
Page 7 of 42
RFB #RV-204580 – SALE OF SURPLUS PROPERTIES
CHARTER SCHOOL BID PACKAGE
SEALED BID FORM - PROPERTY NO. 1
2910 S. BECKLEY AVENUE (BLK 8/4107 LT 1A)
THIS IS THE END OF THE SEALED BID FORM FOR PROPERTY NO. 1
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 8 of 42
RFB #RV-204580 – SALE OF SURPLUS PROPERTIES
CHARTER SCHOOL BID PACKAGE
SEALED BID FORM - PROPERTY NO. 2
615 N. KAUFMAN STREET (TR 59)
CONSISTING OF 4.93 ACRES (214,751 SQ. FT.) OF LAND, MORE OR LESS,
LOCATED IN DALLAS, DALLAS COUNTY, TEXAS
I (We) make the following cash purchase offer for the surface estate and any improvements thereon of the real
property listed above in the amount of:
Dollars ($
)
Enter amount of bid alphabetically and numerically. In the event of ambiguity or illegibility in the bid amount, Dallas ISD
reserves the right to reject the bid.
I (We) have read and understand that by submitting this purchase offer I (we) agree and attest to the following:
Open Enrollment Charter schools located wholly or partly within the Dallas Independent School District (Dallas
ISD) boundaries are being provided at least fifteen (15) days advanced notice that Dallas ISD will accept sealed
bids on said property prior to publication to the general public. The Dallas ISD Board of Trustees is not required
to accept an offer made by an open enrollment charter school. Dallas ISD reserves the right to reject any and all
bids.
Included with this Sealed Bid Form is a deposit, in the form of a cashier’s check, certified check or money order
in the amount of One Thousand and No/100 dollars ($1,000.00) payable to the Dallas Independent School
District. Said deposit may be held by Dallas ISD until a final decision has been made on the winning bid, the
rejection of this or all bids, or for up to one hundred and ninety (190) days from the bid closing date, whichever
comes first. The deposit of the winning bidder will be credited toward the purchase price. Deposits for nonsuccessful or rejected bids can be picked up at the Dallas ISD Procurement Services Department after the award
has been made. Deposits shall not earn interest while in Dallas ISD possession.
The sale of the surplus property to the winning bidder is subject to the approval of the Dallas ISD Board of
Trustees.
The winning bidder will be required to execute a “Contract of Sale” within fifteen (15) days of the bid award by
the Dallas ISD Board of Trustees. A draft copy of the Contract of Sale is included in this Bid Package as Exhibit
A. Dallas ISD will consider proposed changes to the form of the Contract of Sale; however, Dallas ISD reserves
the right to reject any proposed changes that materially change the terms of the sale.
The winning bidder must complete the closing of the transaction within sixty (60) days of the bid award by the
Dallas ISD Board of Trustees. Time extensions may be considered under special circumstances.
The winning bidder will pay all closing costs associated with the purchase. Dallas ISD will not pay any portion of
the closing costs.
The winning bidder must pay the balance of the bid amount (purchase price) at closing together with all costs of
closing as set out in the Contract of Sale. The winning bidder represents that by submitting this bid they are
financially capable of obtaining and have readily accessible funds to pay the balance of the purchase price. If the
winning bidder fails or refuses to consummate the transaction following the approval of the sale by the Dallas ISD
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 9 of 42
Board of Trustees, the deposit shall be retained by Dallas ISD as liquidated damages. After execution and delivery
of the Contract of Sale by the bidder, if the bidder terminates the contract pursuant to any right to terminate
contained in the Contract of Sale, except Seller’s default, bidder shall not recover the earnest money.
The winning bidder will receive a Deed Without Warranty as the property conveyance instrument. A draft copy of
the Deed Without Warranty is included in this Bid Package as Exhibit B. Dallas ISD will consider proposed
changes to the form of Deed; however, Dallas ISD reserves the right to reject any proposed changes that
materially change the terms of the sale.
The property is being offered “as is, where is, with all latent and patent defects and faults” and is subject to all
visible and apparent easements and any other instruments of record. To the maximum extent allowed by law,
Dallas ISD expressly disclaims, and the winning bidder expressly waives, any warranty or representation,
expressed or implied, including without limitation any warranty of condition, habitability, merchantability or
fitness of the property for any particular purpose. The property may contain environmental conditions. The
property is sold subject to the exclusions, exceptions, conditions and stipulations of record and contained in the
Title Search prepared by the Title Company. Such exclusions, exceptions, conditions and stipulations, shall be
Permitted Exceptions in the Contract of Sale.
It is the responsibility of all bidders to examine all applicable building codes and City ordinances to determine
whether the property can be used for the purposes desired.
Dallas ISD disclaims responsibility as to the accuracy or completeness of any information relating to the property
for sale, and for any misrepresentations, failures of disclosure, errors, or negligent or wrongful acts occurring in
the context of or pertaining to the solicitation of bids or closing of the transaction.
Employees of Dallas ISD, members of the Board of Trustees, any business entity in which a Board member holds
a significant interest, and members of the immediate family of Dallas ISD employees and Board members are not
eligible to bid/purchase Dallas ISD real property.
By signing this Sealed Bid Form, I (we) hereby waive and release any rights I (we) may have either now or in the
future, to undertake any legal or equitable action against Dallas ISD, its Board of Trustees, or its employees for
failure to properly advertise or notice the sale of the properties or to properly conduct the sale of the properties,
and hereby covenant not to sue Dallas ISD, its Board of Trustees, or employees in connection with the
advertisement, solicitation of bids, or sale of the properties.
Bidder may request permission to withdraw a bid prior to the actual time for bid opening. Such request must be
made in writing at the same location designated to receive the bid. Dallas ISD shall return the bid documents
unopened at that time.
Signature
Date
Legibly print full legal name
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Signature
Date
Legibly print full legal name
Page 10 of 42
Address:
Street
Company (if applicable)
City
Phone:
State
Zip Code
_________________________________
Home: (
)
Cell:
Work: (
)
E-mail:
Facsimile: (____)____________________________
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
(
)
Title: __________________________________
Page 11 of 42
RFB #RV-204580 – SALE OF SURPLUS PROPERTIES
CHARTER SCHOOL BID PACKAGE
SEALED BID FORM - PROPERTY NO. 2
615 N. KAUFMAN STREET (TR 59)
THIS IS THE END OF THE SEALED BID FORM FOR PROPERTY NO. 2
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 12 of 42
RFB #RV-204580 – SALE OF SURPLUS PROPERTIES
CHARTER SCHOOL BID PACKAGE
SEALED BID FORM - PROPERTY NO. 3
1403 CORINTH STREET (BLK F/900 LTS 1-5)
CONSISTING OF 1.4 ACRES (61,350 SQ. FT.) OF LAND, MORE OR LESS,
LOCATED IN DALLAS, DALLAS COUNTY, TEXAS
I (We) make the following cash purchase offer for the surface estate and any improvements thereon of the real
property listed above in the amount of:
Dollars ($
)
Enter amount of bid alphabetically and numerically. In the event of ambiguity or illegibility in the bid amount, Dallas ISD
reserves the right to reject the bid.
I (We) have read and understand that by submitting this purchase offer I (we) agree and attest to the following:
Open Enrollment Charter schools located wholly or partly within the Dallas Independent School District (Dallas
ISD) boundaries are being provided at least fifteen (15) days advanced notice that Dallas ISD will accept sealed
bids on said property prior to publication to the general public. The Dallas ISD Board of Trustees is not required
to accept an offer made by an open enrollment charter school. Dallas ISD reserves the right to reject any and all
bids.
Included with this Sealed Bid Form is a deposit, in the form of a cashier’s check, certified check or money order
in the amount of One Thousand and No/100 dollars ($1,000.00) payable to the Dallas Independent School
District. Said deposit may be held by Dallas ISD until a final decision has been made on the winning bid, the
rejection of this or all bids, or for up to one hundred and ninety (190) days from the bid closing date, whichever
comes first. The deposit of the winning bidder will be credited toward the purchase price. Deposits for nonsuccessful or rejected bids can be picked up at the Dallas ISD Procurement Services Department after the award
has been made. Deposits shall not earn interest while in Dallas ISD possession.
The sale of the surplus property to the winning bidder is subject to the approval of the Dallas ISD Board of
Trustees.
The winning bidder will be required to execute a “Contract of Sale” within fifteen (15) days of the bid award by
the Dallas ISD Board of Trustees. A draft copy of the Contract of Sale is included in this Bid Package as Exhibit
A. Dallas ISD will consider proposed changes to the form of the Contract of Sale; however, Dallas ISD reserves
the right to reject any proposed changes that materially change the terms of the sale.
The winning bidder must complete the closing of the transaction within sixty (60) days of the bid award by the
Dallas ISD Board of Trustees. Time extensions may be considered under special circumstances.
The winning bidder will pay all closing costs associated with the purchase. Dallas ISD will not pay any portion of
the closing costs.
The winning bidder must pay the balance of the bid amount (purchase price) at closing together with all costs of
closing as set out in the Contract of Sale. The winning bidder represents that by submitting this bid they are
financially capable of obtaining and have readily accessible funds to pay the balance of the purchase price. If the
winning bidder fails or refuses to consummate the transaction following the approval of the sale by the Dallas ISD
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 13 of 42
Board of Trustees, the deposit shall be retained by Dallas ISD as liquidated damages. After execution and delivery
of the Contract of Sale by the bidder, if the bidder terminates the contract pursuant to any right to terminate
contained in the Contract of Sale, except Seller’s default, bidder shall not recover the earnest money.
The winning bidder will receive a Deed Without Warranty as the property conveyance instrument. A draft copy of
the Deed Without Warranty is included in this Bid Package as Exhibit B. Dallas ISD will consider proposed
changes to the form of Deed; however, Dallas ISD reserves the right to reject any proposed changes that
materially change the terms of the sale.
The property is being offered “as is, where is, with all latent and patent defects and faults” and is subject to all
visible and apparent easements and any other instruments of record. To the maximum extent allowed by law,
Dallas ISD expressly disclaims, and the winning bidder expressly waives, any warranty or representation,
expressed or implied, including without limitation any warranty of condition, habitability, merchantability or
fitness of the property for any particular purpose. The property may contain environmental conditions. The
property is sold subject to the exclusions, exceptions, conditions and stipulations of record and contained in the
Title Search prepared by the Title Company. Such exclusions, exceptions, conditions and stipulations, shall be
Permitted Exceptions in the Contract of Sale.
It is the responsibility of all bidders to examine all applicable building codes and City ordinances to determine
whether the property can be used for the purposes desired.
Dallas ISD disclaims responsibility as to the accuracy or completeness of any information relating to the property
for sale, and for any misrepresentations, failures of disclosure, errors, or negligent or wrongful acts occurring in
the context of or pertaining to the solicitation of bids or closing of the transaction.
Employees of Dallas ISD, members of the Board of Trustees, any business entity in which a Board member holds
a significant interest, and members of the immediate family of Dallas ISD employees and Board members are not
eligible to bid/purchase Dallas ISD real property.
By signing this Sealed Bid Form, I (we) hereby waive and release any rights I (we) may have either now or in the
future, to undertake any legal or equitable action against Dallas ISD, its Board of Trustees, or its employees for
failure to properly advertise or notice the sale of the properties or to properly conduct the sale of the properties,
and hereby covenant not to sue Dallas ISD, its Board of Trustees, or employees in connection with the
advertisement, solicitation of bids, or sale of the properties.
Bidder may request permission to withdraw a bid prior to the actual time for bid opening. Such request must be
made in writing at the same location designated to receive the bid. Dallas ISD shall return the bid documents
unopened at that time.
Signature
Date
Legibly print full legal name
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Signature
Date
Legibly print full legal name
Page 14 of 42
Address:
Street
Company (if applicable)
City
Phone:
State
Zip Code
_________________________________
Home: (
)
Cell:
Work: (
)
E-mail:
Facsimile: (____)____________________________
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
(
)
Title: __________________________________
Page 15 of 42
RFB #RV-204580 – SALE OF SURPLUS PROPERTIES
CHARTER SCHOOL BID PACKAGE
SEALED BID FORM - PROPERTY NO. 3
1403 CORINTH STREET (BLK F/900 LTS 1-5)
THIS IS THE END OF THE SEALED BID FORM FOR PROPERTY NO. 3
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 16 of 42
RFB #RV-204580 – SALE OF SURPLUS PROPERTIES
CHARTER SCHOOL BID PACKAGE
SEALED BID FORM - PROPERTY NO. 4
4212, 4220, 4226 & 4232 EAST GRAND AVENUE AND 1207 & 1229
FLECTHER STREET (BLK 28/1271 LTS 9-26)
CONSISTING OF 3.78 ACRES (164,700 SQ. FT.) OF LAND, MORE OR LESS,
LOCATED IN DALLAS, DALLAS COUNTY, TEXAS
I (We) make the following cash purchase offer for the surface estate and any improvements thereon of the real
property listed above in the amount of:
Dollars ($
)
Enter amount of bid alphabetically and numerically. In the event of ambiguity or illegibility in the bid amount, Dallas ISD
reserves the right to reject the bid.
I (We) have read and understand that by submitting this purchase offer I (we) agree and attest to the following:
Open Enrollment Charter schools located wholly or partly within the Dallas Independent School District (Dallas
ISD) boundaries are being provided at least fifteen (15) days advanced notice that Dallas ISD will accept sealed
bids on said property prior to publication to the general public. The Dallas ISD Board of Trustees is not required
to accept an offer made by an open enrollment charter school. Dallas ISD reserves the right to reject any and all
bids.
Included with this Sealed Bid Form is a deposit, in the form of a cashier’s check, certified check or money order
in the amount of One Thousand and No/100 dollars ($1,000.00) payable to the Dallas Independent School
District. Said deposit may be held by Dallas ISD until a final decision has been made on the winning bid, the
rejection of this or all bids, or for up to one hundred and ninety (190) days from the bid closing date, whichever
comes first. The deposit of the winning bidder will be credited toward the purchase price. Deposits for nonsuccessful or rejected bids can be picked up at the Dallas ISD Procurement Services Department after the award
has been made. Deposits shall not earn interest while in Dallas ISD possession.
The sale of the surplus property to the winning bidder is subject to the approval of the Dallas ISD Board of
Trustees.
The winning bidder will be required to execute a “Contract of Sale” within fifteen (15) days of the bid award by
the Dallas ISD Board of Trustees. A draft copy of the Contract of Sale is included in this Bid Package as Exhibit
A. Dallas ISD will consider proposed changes to the form of the Contract of Sale; however, Dallas ISD reserves
the right to reject any proposed changes that materially change the terms of the sale.
The winning bidder must complete the closing of the transaction within sixty (60) days of the bid award by the
Dallas ISD Board of Trustees. Time extensions may be considered under special circumstances.
The winning bidder will pay all closing costs associated with the purchase. Dallas ISD will not pay any portion of
the closing costs.
The winning bidder must pay the balance of the bid amount (purchase price) at closing together with all costs of
closing as set out in the Contract of Sale. The winning bidder represents that by submitting this bid they are
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 17 of 42
financially capable of obtaining and have readily accessible funds to pay the balance of the purchase price. If the
winning bidder fails or refuses to consummate the transaction following the approval of the sale by the Dallas ISD
Board of Trustees, the deposit shall be retained by Dallas ISD as liquidated damages. After execution and delivery
of the Contract of Sale by the bidder, if the bidder terminates the contract pursuant to any right to terminate
contained in the Contract of Sale, except Seller’s default, bidder shall not recover the earnest money.
The winning bidder will receive a Deed Without Warranty as the property conveyance instrument. A draft copy of
the Deed Without Warranty is included in this Bid Package as Exhibit B. Dallas ISD will consider proposed
changes to the form of Deed; however, Dallas ISD reserves the right to reject any proposed changes that
materially change the terms of the sale.
The property is being offered “as is, where is, with all latent and patent defects and faults” and is subject to all
visible and apparent easements and any other instruments of record. To the maximum extent allowed by law,
Dallas ISD expressly disclaims, and the winning bidder expressly waives, any warranty or representation,
expressed or implied, including without limitation any warranty of condition, habitability, merchantability or
fitness of the property for any particular purpose. The property may contain environmental conditions. The
property is sold subject to the exclusions, exceptions, conditions and stipulations of record and contained in the
Title Search prepared by the Title Company. Such exclusions, exceptions, conditions and stipulations, shall be
Permitted Exceptions in the Contract of Sale.
It is the responsibility of all bidders to examine all applicable building codes and City ordinances to determine
whether the property can be used for the purposes desired.
Dallas ISD disclaims responsibility as to the accuracy or completeness of any information relating to the property
for sale, and for any misrepresentations, failures of disclosure, errors, or negligent or wrongful acts occurring in
the context of or pertaining to the solicitation of bids or closing of the transaction.
Employees of Dallas ISD, members of the Board of Trustees, any business entity in which a Board member holds
a significant interest, and members of the immediate family of Dallas ISD employees and Board members are not
eligible to bid/purchase Dallas ISD real property.
By signing this Sealed Bid Form, I (we) hereby waive and release any rights I (we) may have either now or in the
future, to undertake any legal or equitable action against Dallas ISD, its Board of Trustees, or its employees for
failure to properly advertise or notice the sale of the properties or to properly conduct the sale of the properties,
and hereby covenant not to sue Dallas ISD, its Board of Trustees, or employees in connection with the
advertisement, solicitation of bids, or sale of the properties.
Bidder may request permission to withdraw a bid prior to the actual time for bid opening. Such request must be
made in writing at the same location designated to receive the bid. Dallas ISD shall return the bid documents
unopened at that time.
Signature
Date
Legibly print full legal name
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Signature
Date
Legibly print full legal name
Page 18 of 42
Address:
Street
Company (if applicable)
City
Phone:
State
Zip Code
_________________________________
Home: (
)
Cell:
Work: (
)
E-mail:
Facsimile: (____)____________________________
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
(
)
Title: __________________________________
Page 19 of 42
RFB #RV-204580 – SALE OF SURPLUS PROPERTIES
CHARTER SCHOOL BID PACKAGE
SEALED BID FORM - PROPERTY NO. 4
4212, 4220, 4226 & 4232 EAST GRAND AVENUE AND 1207 & 1229 FLECTHER STREET (BLK 28/1271
LTS 9-26)
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 20 of 42
THIS IS THE END OF THE SEALED BID FORM FOR PROPERTY NO. 4
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 21 of 42
RFB #RV-204580 – SALE OF SURPLUS PROPERTIES
CHARTER SCHOOL BID PACKAGE
SEALED BID FORM - PROPERTY NO. 5
2530 S. ERVAY STREET (BLK H/874 PART OF LT 7A)
CONSISTING OF 0.28 ACRES (12,185 SQ. FT.) OF LAND, MORE OR LESS,
LOCATED IN DALLAS, DALLAS COUNTY, TEXAS
I (We) make the following cash purchase offer for the surface estate and any improvements thereon of the real
property listed above in the amount of:
Dollars ($
)
Enter amount of bid alphabetically and numerically. In the event of ambiguity or illegibility in the bid amount, Dallas ISD
reserves the right to reject the bid.
I (We) have read and understand that by submitting this purchase offer I (we) agree and attest to the following:
Open Enrollment Charter schools located wholly or partly within the Dallas Independent School District (Dallas
ISD) boundaries are being provided at least fifteen (15) days advanced notice that Dallas ISD will accept sealed
bids on said property prior to publication to the general public. The Dallas ISD Board of Trustees is not required
to accept an offer made by an open enrollment charter school. Dallas ISD reserves the right to reject any and all
bids.
Included with this Sealed Bid Form is a deposit, in the form of a cashier’s check, certified check or money order
in the amount of One Thousand and No/100 dollars ($1,000.00) payable to the Dallas Independent School
District. Said deposit may be held by Dallas ISD until a final decision has been made on the winning bid, the
rejection of this or all bids, or for up to one hundred and ninety (190) days from the bid closing date, whichever
comes first. The deposit of the winning bidder will be credited toward the purchase price. Deposits for nonsuccessful or rejected bids can be picked up at the Dallas ISD Procurement Services Department after the award
has been made. Deposits shall not earn interest while in Dallas ISD possession.
The sale of the surplus property to the winning bidder is subject to the approval of the Dallas ISD Board of
Trustees.
The winning bidder will be required to execute a “Contract of Sale” within fifteen (15) days of the bid award by
the Dallas ISD Board of Trustees. A draft copy of the Contract of Sale is included in this Bid Package as Exhibit
A. Dallas ISD will consider proposed changes to the form of the Contract of Sale; however, Dallas ISD reserves
the right to reject any proposed changes that materially change the terms of the sale.
The winning bidder must complete the closing of the transaction within sixty (60) days of the bid award by the
Dallas ISD Board of Trustees. Time extensions may be considered under special circumstances.
The winning bidder will pay all closing costs associated with the purchase. Dallas ISD will not pay any portion of
the closing costs.
The winning bidder must pay the balance of the bid amount (purchase price) at closing together with all costs of
closing as set out in the Contract of Sale. The winning bidder represents that by submitting this bid they are
financially capable of obtaining and have readily accessible funds to pay the balance of the purchase price. If the
winning bidder fails or refuses to consummate the transaction following the approval of the sale by the Dallas ISD
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 22 of 42
Board of Trustees, the deposit shall be retained by Dallas ISD as liquidated damages. After execution and delivery
of the Contract of Sale by the bidder, if the bidder terminates the contract pursuant to any right to terminate
contained in the Contract of Sale, except Seller’s default, bidder shall not recover the earnest money.
The winning bidder will receive a Deed Without Warranty as the property conveyance instrument. A draft copy of
the Deed Without Warranty is included in this Bid Package as Exhibit B. Dallas ISD will consider proposed
changes to the form of Deed; however, Dallas ISD reserves the right to reject any proposed changes that
materially change the terms of the sale.
The property is being offered “as is, where is, with all latent and patent defects and faults” and is subject to all
visible and apparent easements and any other instruments of record. To the maximum extent allowed by law,
Dallas ISD expressly disclaims, and the winning bidder expressly waives, any warranty or representation,
expressed or implied, including without limitation any warranty of condition, habitability, merchantability or
fitness of the property for any particular purpose. The property may contain environmental conditions. The
property is sold subject to the exclusions, exceptions, conditions and stipulations of record and contained in the
Title Search prepared by the Title Company. Such exclusions, exceptions, conditions and stipulations, shall be
Permitted Exceptions in the Contract of Sale.
It is the responsibility of all bidders to examine all applicable building codes and City ordinances to determine
whether the property can be used for the purposes desired.
Dallas ISD disclaims responsibility as to the accuracy or completeness of any information relating to the property
for sale, and for any misrepresentations, failures of disclosure, errors, or negligent or wrongful acts occurring in
the context of or pertaining to the solicitation of bids or closing of the transaction.
Employees of Dallas ISD, members of the Board of Trustees, any business entity in which a Board member holds
a significant interest, and members of the immediate family of Dallas ISD employees and Board members are not
eligible to bid/purchase Dallas ISD real property.
By signing this Sealed Bid Form, I (we) hereby waive and release any rights I (we) may have either now or in the
future, to undertake any legal or equitable action against Dallas ISD, its Board of Trustees, or its employees for
failure to properly advertise or notice the sale of the properties or to properly conduct the sale of the properties,
and hereby covenant not to sue Dallas ISD, its Board of Trustees, or employees in connection with the
advertisement, solicitation of bids, or sale of the properties.
Bidder may request permission to withdraw a bid prior to the actual time for bid opening. Such request must be
made in writing at the same location designated to receive the bid. Dallas ISD shall return the bid documents
unopened at that time.
Signature
Date
Legibly print full legal name
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Signature
Date
Legibly print full legal name
Page 23 of 42
Address:
Street
Company (if applicable)
City
Phone:
State
Zip Code
_________________________________
Home: (
)
Cell:
Work: (
)
E-mail:
Facsimile: (____)____________________________
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
(
)
Title: __________________________________
Page 24 of 42
RFB #RV-204580 – SALE OF SURPLUS PROPERTIES
CHARTER SCHOOL BID PACKAGE
SEALED BID FORM - PROPERTY NO. 5
2530 S. ERVAY STREET (BLK H/874 PART OF LT 7A)
THIS IS THE END OF THE SEALED BID FORM FOR PROPERTY NO. 5
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 25 of 42
RFB #RV-204580 – SALE OF SURPLUS PROPERTIES
CHARTER SCHOOL BID PACKAGE
SEALED BID FORM - PROPERTY NO. 6
3510 S. BECKLEY AVENUE (BLK 5997 TR B)
CONSISTING OF 3.12 ACRES (135,729 SQ. FT.) OF LAND, MORE OR LESS,
LOCATED IN DALLAS, DALLAS COUNTY, TEXAS
I (We) make the following cash purchase offer for the surface estate and any improvements thereon of the real
property listed above in the amount of:
Dollars ($
)
Enter amount of bid alphabetically and numerically. In the event of ambiguity or illegibility in the bid amount, Dallas ISD
reserves the right to reject the bid.
I (We) have read and understand that by submitting this purchase offer I (we) agree and attest to the following:
Open Enrollment Charter schools located wholly or partly within the Dallas Independent School District (Dallas
ISD) boundaries are being provided at least fifteen (15) days advanced notice that Dallas ISD will accept sealed
bids on said property prior to publication to the general public. The Dallas ISD Board of Trustees is not required
to accept an offer made by an open enrollment charter school. Dallas ISD reserves the right to reject any and all
bids.
Included with this Sealed Bid Form is a deposit, in the form of a cashier’s check, certified check or money order
in the amount of One Thousand and No/100 dollars ($1,000.00) payable to the Dallas Independent School
District. Said deposit may be held by Dallas ISD until a final decision has been made on the winning bid, the
rejection of this or all bids, or for up to one hundred and ninety (190) days from the bid closing date, whichever
comes first. The deposit of the winning bidder will be credited toward the purchase price. Deposits for nonsuccessful or rejected bids can be picked up at the Dallas ISD Procurement Services Department after the award
has been made. Deposits shall not earn interest while in Dallas ISD possession.
The sale of the surplus property to the winning bidder is subject to the approval of the Dallas ISD Board of
Trustees.
The winning bidder will be required to execute a “Contract of Sale” within fifteen (15) days of the bid award by
the Dallas ISD Board of Trustees. A draft copy of the Contract of Sale is included in this Bid Package as Exhibit
A. Dallas ISD will consider proposed changes to the form of the Contract of Sale; however, Dallas ISD reserves
the right to reject any proposed changes that materially change the terms of the sale.
The winning bidder must complete the closing of the transaction within sixty (60) days of the bid award by the
Dallas ISD Board of Trustees. Time extensions may be considered under special circumstances.
The winning bidder will pay all closing costs associated with the purchase. Dallas ISD will not pay any portion of
the closing costs.
The winning bidder must pay the balance of the bid amount (purchase price) at closing together with all costs of
closing as set out in the Contract of Sale. The winning bidder represents that by submitting this bid they are
financially capable of obtaining and have readily accessible funds to pay the balance of the purchase price. If the
winning bidder fails or refuses to consummate the transaction following the approval of the sale by the Dallas ISD
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 26 of 42
Board of Trustees, the deposit shall be retained by Dallas ISD as liquidated damages. After execution and delivery
of the Contract of Sale by the bidder, if the bidder terminates the contract pursuant to any right to terminate
contained in the Contract of Sale, except Seller’s default, bidder shall not recover the earnest money.
The winning bidder will receive a Deed Without Warranty as the property conveyance instrument. A draft copy of
the Deed Without Warranty is included in this Bid Package as Exhibit B. Dallas ISD will consider proposed
changes to the form of Deed; however, Dallas ISD reserves the right to reject any proposed changes that
materially change the terms of the sale.
The property is being offered “as is, where is, with all latent and patent defects and faults” and is subject to all
visible and apparent easements and any other instruments of record. To the maximum extent allowed by law,
Dallas ISD expressly disclaims, and the winning bidder expressly waives, any warranty or representation,
expressed or implied, including without limitation any warranty of condition, habitability, merchantability or
fitness of the property for any particular purpose. The property may contain environmental conditions. The
property is sold subject to the exclusions, exceptions, conditions and stipulations of record and contained in the
Title Search prepared by the Title Company. Such exclusions, exceptions, conditions and stipulations, shall be
Permitted Exceptions in the Contract of Sale.
It is the responsibility of all bidders to examine all applicable building codes and City ordinances to determine
whether the property can be used for the purposes desired.
Dallas ISD disclaims responsibility as to the accuracy or completeness of any information relating to the property
for sale, and for any misrepresentations, failures of disclosure, errors, or negligent or wrongful acts occurring in
the context of or pertaining to the solicitation of bids or closing of the transaction.
Employees of Dallas ISD, members of the Board of Trustees, any business entity in which a Board member holds
a significant interest, and members of the immediate family of Dallas ISD employees and Board members are not
eligible to bid/purchase Dallas ISD real property.
By signing this Sealed Bid Form, I (we) hereby waive and release any rights I (we) may have either now or in the
future, to undertake any legal or equitable action against Dallas ISD, its Board of Trustees, or its employees for
failure to properly advertise or notice the sale of the properties or to properly conduct the sale of the properties,
and hereby covenant not to sue Dallas ISD, its Board of Trustees, or employees in connection with the
advertisement, solicitation of bids, or sale of the properties.
Bidder may request permission to withdraw a bid prior to the actual time for bid opening. Such request must be
made in writing at the same location designated to receive the bid. Dallas ISD shall return the bid documents
unopened at that time.
Signature
Date
Legibly print full legal name
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Signature
Date
Legibly print full legal name
Page 27 of 42
Address:
Street
Company (if applicable)
City
Phone:
State
Zip Code
_________________________________
Home: (
)
Cell:
Work: (
)
E-mail:
Facsimile: (____)____________________________
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
(
)
Title: __________________________________
Page 28 of 42
RFB #RV-204580 – SALE OF SURPLUS PROPERTIES
CHARTER SCHOOL BID PACKAGE
SEALED BID FORM - PROPERTY NO. 6
3510 S. BECKLEY AVENUE (BLK 5997 TR
B)
THIS IS THE END OF THE SEALED BID FORM FOR PROPERTY NO. 6
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 29 of 42
EXHIBIT A
CONTRACT OF SALE
IN CONSIDERATION of the mutual terms, provisions, covenants and agreements
contained in this Contract, the parties identified as the "Seller" and the "Purchaser" on the
signature page hereof, agree as follows:
Seller shall sell and convey to Purchaser and Purchaser shall buy and pay for the surface
estate only of property located upon________________, Texas being more particularly described
in Exhibit “A” attached hereto and made a part hereof by reference for all purposes, together
with, all and singular, all buildings and improvements thereon such real estate being herein
referred to as the "Property."
The parties acknowledge that the legal description contained in this Contract technically
may be, or is, legally insufficient for the purposes of supporting an action for specific
performance or other enforcement hereof. As such, the parties confirm to each other that
notwithstanding the insufficiency, if any, they desire to proceed with the conveyance of the
Property as contemplated by this Contract. Because the parties are desirous of executing this
Contract, they agree that (a) they are experienced in transactions of the nature provided for in
this Contract, (b) in fact, they are specifically familiar with the location of the Property, (c) each
party waives any and all claims of an insufficient legal description in a cause of action for
performance hereunder, and (d) upon the delivery of the Survey (defined below) to Purchaser,
the metes and bounds description of the Property prepared by the Surveyor in connection with
the Survey will be the description of the Property for the purposes of this Contract. The parties
agree that, upon agreement of the Parties as to the exact location of the Property and approval of
the Survey by Purchaser, this Contract will be deemed to be automatically amended to
incorporate the metes and bounds description of the Property as prepared by the Surveyor in
connection with the preparation of the Survey as an addition to Exhibit A.
1.
Purchase Price.
The Purchase Price (herein so called) for the Property is
________________________ and 00/100 Dollars ($_________.00), payable in cash at Closing.
2.
Earnest Money.
Within three (3) business days following Seller’s execution
of this Contract, Seller shall forward the sum of $1,000.00, previously received from Purchaser,
to _________________ Title Company, ______________ Dallas, TX 752__ Attention:
______________, (the "Title Company") to be held in escrow by the Title Company as Earnest
Money pursuant to the terms of this Contract (“Earnest Money”). At closing the Earnest Money
will be credited to the Purchase Price.
3.
Survey and Title Documents.
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 30 of 42
A.
Survey.
Within thirty (30) days after the Date of Contract,
Purchaser at its cost will provide Title Company and Seller with an on the ground Survey (herein
so called), of the Property. Such Survey will be in form and substance and of sufficiently recent
date reasonably acceptable to the Title Company for the purposes required herein by it.
B.
Title Commitment. Within twenty (20) days after the Date of Contract,
Seller shall, at Purchaser’s expense, provide Purchaser: (1) a title commitment (the "Title
Commitment") covering the Property binding the Title Company to issue a Texas Owner's Policy
of Title Insurance (the "Title Policy") on the standard form prescribed by the Texas State Board
of Insurance at the Closing, in the full amount of the Purchase Price, insuring Purchaser's fee
simple title to the Property to be good and indefeasible, subject only to the Permitted Exceptions
as defined below, and (2) true and legible copies of all recorded instruments affecting the
Property and recited as exceptions in the Title Commitment (collectively, the "Title
Documents").
C.
Review of Title. The following statutory notice is provided to Purchaser
on behalf of the real estate licensees, if any, involved in this transaction: Purchaser is advised
that it should either have the abstract covering the Property examined by an attorney of
Purchaser’s own selection or be furnished with or obtain a policy of title insurance.
4.
Approval Period.
A.
Purchaser shall have fifteen (15) days after the receipt of the last of the
Title Commitment, Survey and Title Documents (the "Title Review Period") to review same and
to deliver in writing to Seller such objections as Purchaser may have to anything contained
therein (“Title Objections”). Any such item to which Purchaser shall not object shall be deemed a
“Permitted Exception”. Zoning ordinances and the lien for current taxes shall also be deemed to
be Permitted Exceptions. Purchaser’s failure to object within the time provided shall be a waiver
of the right to object. If Purchaser notifies Seller of any Title Objections, Seller has five (5) days
from receipt of Purchaser’s notice to notify Purchaser whether Seller agrees to cure the Title
Objections before closing (“Cure Notice”). If Seller does not timely give its Cure Notice or
timely gives its Cure Notice but does not agree to cure all the Title Objections before closing,
Purchaser may, within five (5) days after the deadline for the giving of Seller’s Cure Notice,
notify Seller that either this Contract is terminated or Purchaser will proceed to close, subject to
Seller’s obligations to resolve the items listed in Schedule C of the Title Commitment, remove
the liquidated liens, remove all exceptions that arise by, through, or under Seller after the
Effective Date, and cure only the Title Objections that Seller has agreed to cure in the Cure
Notice. At or before closing, Seller must resolve the items that are listed on Schedule C of the
Title Commitment, remove all liquidated liens, remove all exceptions that arise by, through, or
under Seller after the Effective Date of this Contract, and cure the Title Objections that Seller has
agreed to cure.
B.
Seller shall, at the Closing, convey to Purchaser the Property by deed
without warranty in the form set forth in the Bid Package, subject to the Permitted Exceptions.
Delivery of the Title Policy pursuant to Section 5 below shall be deemed to fulfill all duties of
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 31 of 42
Seller as to the sufficiency of title required hereunder.
5.
Closing.
A.
The Closing (herein so called) of this Contract shall be held on or before
ten (10) days following the expiration of the Feasibility Period, at the offices of the Title
Company at its address stated herein.
B.
At the Closing, Seller shall deliver to Purchaser, at Purchaser’s cost: (i) a
Deed Without Warranty (herein so called) conveying the Property according to the legal
description as shown on the Survey of the Property, but only to the maximum extent of the size
of the property held by the Seller, and subject only to the Permitted Exceptions; (ii) an Owner's
Title Policy in the full amount of the Purchase Price with the survey exception modified, subject
only to the Permitted Exceptions, and (iii) possession of the Property. Seller represents that at or
before Closing any leases and/or rental arrangements will be terminated with no further rights to
tenants, if any. It shall be Purchaser’s sole responsibility to satisfy the title company’s
requirements to have the survey exception deleted from the title policy; and Seller shall not be
obligated to adopt the Survey legal description for conveyance of the Property.
C.
At the Closing, Purchaser shall deliver to Seller the balance of the
Purchase Price (the Earnest Money being applied thereto).
D.
Purchaser shall pay all of the closing costs including the cost of the survey,
the title policy and all those other closing costs which are normally assessed by the Title
Company against both a seller and purchaser in a transaction of this character in the county
where the Property is located.
E.
Ad valorem taxes for the then current year shall be prorated at the closing
effective as of the date of Closing. If the Closing shall occur before the tax rate is fixed for the
then current year, the apportionment of the taxes shall be upon the basis of the tax rate for the
preceding year applied to the latest assessed valuation but any difference and ad valorem taxes
for the year of sale actually paid by Purchaser shall be borne by Purchaser.
F.
Disbursement of Funds; Recording; Copies. Title Company will be
instructed to disburse funds in accordance with this Contract, record the deed and the other
Closing Documents directed to be recorded, and distribute documents and copies in accordance
with the parties’ written instructions.
6.
Termination. If this Contract is terminated by Purchaser in accordance with
Section 4 or 9 hereof, the Earnest Money shall be retained by Seller as liquidated damages, and
the parties shall have no further obligation or liabilities one to the other.
7.
Default and Remedies.
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 32 of 42
A.
Seller’s Default. If Seller fails to perform any of its obligations under this
Contract or if any of Seller’s representations are not true and correct as of the Effective Date or
on the Closing Date (“Seller’s Default”), Purchaser may as its sole and exclusive remedy
terminate this Contract by giving notice to Seller on or before the Closing Date and Closing Time
and have the Earnest Money, less $100.00 as independent consideration for the right granted by
Seller to Purchaser to terminate this Contract returned to Purchaser.
B.
Purchaser’s Default. If Purchaser fails to perform any of its obligations
under this Contract (“Purchaser’s Default”), Seller may elect either of the following as its sole
and exclusive remedy:
i.
Termination; Liquidated Damages. Seller may terminate this
Contract by giving notice to Purchaser on or before the Closing Date and Closing Time and have
the Earnest Money paid to Seller as liquidated damages.
ii.
Specific Performance. Seller may enforce specific performance of
Purchaser’s obligations under this Contract. If title to the Property is awarded to Purchaser, the
conveyance will be subject to the matters stated in the Title Commitment.
C.
Liquidated Damages. The parties agree that just compensation for the
harm that would be caused by a default by either party cannot be accurately estimated or would
be very difficult to accurately estimate and that the Earnest Money is a reasonable forecast of just
compensation to the non-defaulting party for the harm that would be caused by a default.
8.
Miscellaneous Provisions.
A.
Date of Contract. The term, "Date of Contract" or “Effective Date” as
used herein shall mean the date of signature by the Title Company accepting delivery.
B.
Notices. Any notice or communication required or permitted hereunder
shall be deemed to be delivered, whether actually received or not, when deposited in the United
States mail, postage fully prepaid, registered or certified mail, addressed to the intended recipient
at the address on the signature page of this Contract. Any address for notice may be changed by
written notice so given.
C.
Attorney's Fees. If either party shall be required to employ an attorney to
enforce or defend the rights of such party hereunder, the prevailing party shall be entitled to
recover reasonable attorneys' fees.
D.
Integration. This Contract contains the complete agreement between the
parties and cannot be varied except by the written agreement of the parties. The parties agree
that there are no oral agreements, understandings, representations or warranties, which are not
expressly set forth herein.
E.
Binding Effect. This Contract shall inure to the benefit of and bind the
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 33 of 42
parties hereto and their respective representatives, successors and assigns.
F.
Choice of Law; Venue. This Contract will be construed under the laws of
the State of Texas, without regard to choice-of-law rules of any jurisdiction. Venue is in Dallas
County, Texas.
G.
Waiver of Default. It is not a waiver of default if the non-defaulting
party fails to declare immediately a default or delays taking any action with respect to the
default.
H.
No Third-Party Beneficiaries. There are no third-party beneficiaries of
this Contract.
I.
Severability. The provisions of this Contract are severable. If a court of
competent jurisdiction finds that any provision of this Contract is unenforceable, the remaining
provisions will remain in effect without the unenforceable parts.
J.
Ambiguities Not to Be Construed against Party Who Drafted
Contract. The rule of construction that ambiguities in a document will be construed against the
party who drafted it will not be applied in interpreting this Contract.
K.
No Special Relationship. The parties’ relationship is an ordinary
commercial relationship, and they do not intend to create the relationship of principal and agent,
partnership, joint venture, or any other special relationship.
L.
Counterparts. If this Contract is executed in multiple counterparts, all
counterparts taken together will constitute this Contract.
M.
Waiver of Consumer Rights. PURCHASER WAIVES ITS RIGHTS
UNDER THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION
ACT, SECTION 17.41, et seq., OF THE TEXAS BUSINESS AND COMMERCE CODE, A
LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER
CONSULTATION WITH AN ATTORNEY OF ITS OWN SELECTION, PURCHASER
VOLUNTARILY CONSENTS TO THIS WAIVER.
9.
Feasibility Period.
A.
Purchaser shall have a period of thirty (30) days from and after the Date of
Contract, (the “Feasibility Period”) in which to have any studies, analysis or inspections made of
the Property (the "Studies") which Purchaser desires to make or have made, and to obtain all
development rights and entitlements (the “Entitlements”) which Purchaser desires to obtain, all
at Purchaser's expense. In the event that the results of any of the Studies are, for any reason, in
Purchaser's sole discretion, unacceptable to Purchaser, or if Purchaser is unable to obtain all of
the Entitlements Purchaser desires, Purchaser shall have the right to terminate this Contract by
delivery of written notice so indicating to Seller prior to the expiration of the Feasibility Period.
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 34 of 42
In the event Purchaser terminates this Contract in accordance with this Paragraph, prior to the
expiration of the Feasibility Period, the Earnest Money deposit shall be retained by Seller as
liquidated damages.
B.
Review of Seller’s Records. Seller will deliver to Purchaser copies of
Seller’s records specified in Exhibit C, or otherwise make those records available for Purchaser’s
review, by the deadline stated in section A.7.
C.
Entry onto the Property. Purchaser may enter onto the Property prior to
closing for purposes of conducting a boundary or environmental survey, or otherwise to inspect
the property, subject to the following:
a.
Purchaser must deliver evidence to Seller that Purchaser has
insurance for its proposed survey or inspection activities, in amounts and with
coverages that are substantially the same as those maintained by Seller or in such
lesser amounts or with such lesser coverages as are reasonably satisfactory to
Seller;
b.
Purchaser may not unreasonably interfere with existing operations
or occupants of the Property, if any;
c.
Purchaser must notify Seller in advance of Purchaser’s plans to
conduct tests so that Seller may be present during the tests;
d.
if the Property is altered because of Purchaser’s inspections,
Purchaser must return the Property to its preinspection condition promptly after
the alteration occurs;
e.
Purchaser must deliver to Seller copies of all inspection reports
that Purchaser prepares or receives from third-party consultants or contractors
within three (3) days of their preparation or receipt by Purchaser; and
f.
by Seller.
10.
Purchaser must abide by any other reasonable entry rules imposed
Assignment. This Contract is not assignable.
11.
No Warranties or Representations; Property Sold “As Is”. Except as
otherwise expressly provided herein, Purchaser acknowledges and agrees that Seller has not
made, does not make and specifically negates and disclaims any representations, warranties,
promises, covenants, agreements or guarantees of any kind or character whatsoever, whether
express or implied, oral or written, past, present or future of, as to, concerning or with respect to
the Property. Purchaser agrees and acknowledges that Seller has not made, does not make and
specifically negates and disclaims any representations, warranties, promises, covenants,
agreements or guarantees of any kind or character whatsoever, whether express or implied, oral
or written, past, present or future of, as to, concerning or with respect to (1) the value, nature,
quality or condition of the Property, including without limitation, the water, soil and geology, (2)
the income to be derived from the Property, (3) the suitability of the Property for any and all
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 35 of 42
activities and uses thereon, (4) the compliance of or by the Property for its operation with any
laws, rules and ordinances or regulations of any applicable governmental authority or body, (5)
the habitability, merchantability, marketability, profitability or fitness for a particular purpose of
the Property, (6) the manner or quality of the construction or materials, if any, incorporated into
the Property, (7) the manner, quality, state of repair or lack of repair of the Property or (8) any
other matter with respect to the Property, and specifically, that Seller has not made, does not
make and specifically disclaims any representations regarding compliance with any
environmental protection, pollution or land use laws, rules, regulations, orders or requirements,
including the existence in or on the Property of hazardous materials or hazardous substances as
those terms are defined by applicable governmental laws, rules and regulations, and regarding
the delinquency of real property taxes owing against the Property. Purchaser acknowledges and
agrees that having been given the opportunity to inspect the Property, Purchaser is relying solely
on its own investigation of the Property and not on any information provided or to be provided
by Seller. Purchaser further acknowledges and agrees that any information provided or to be
provided with respect to the Property was obtained from a variety of sources and that the Seller
has not made any independent investigation or verification of such information. The provisions
herein shall survive the Closing, and conveyance of the Property shall be made subject to the
provisions of this Paragraph 11.
It is understood and agreed that the Property is sold by Seller and purchased by
Purchaser in an “as is, where is, with all faults and defects” condition, and without warranty of
any kind (except as to the warranty of title, if any, given in the deed), and the provisions herein
shall be incorporated and recited in the deed as an exception to warranty and title.
12.
Risk of Loss. If, before the Closing, the Property is damaged or destroyed by
fire or other casualty, Purchaser may either terminate this Contract by delivery of written notice
so indicating to Seller, or elect to close. If the transaction is to proceed to Closing, despite any
damage or destruction, Seller shall either fully repair the damage before the Closing, at Seller’s
expense, or give a credit to Purchaser at the Closing for the entire cost of repairing the Property.
13.
Purchaser Indemnity and Release of Seller
a.
Indemnity. Purchaser will indemnify, defend, and hold Seller
harmless from any loss, attorneys’ fees, expenses, or claims arising out of Purchaser’s
investigation of the Property, including, but not limited to, claims alleged to have arisen in
whole or in part as a result of Seller’s negligence.
b.
Release. Purchaser releases Seller and those persons acting on
Seller’s behalf from all claims and causes of action (including claims for attorneys’ fees and
court and other costs) resulting from Purchasers’ investigation of the Property, including,
but not limited to, claims alleged to have arisen in whole or in part as a result of Seller’s
negligence.
14.
No Recording. Purchaser may not file this Contract or any memorandum or
notice of this Contract in the real property records of any county. If, however, Purchaser records
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 36 of 42
this Contract or a memorandum or notice, Seller may terminate this Contract and record a notice
of termination.
15.
Duties after Termination. If this Contract is terminated, Purchaser will
promptly return to Seller all documents relating to the Property that Seller has delivered to
Purchaser and all copies that Purchaser has made of the documents. After return of the
documents and copies, neither party will have further duties or obligations to the other under this
Contract, except for those obligations that cannot be or were not performed before termination of
this Contract.
16.
Brokers’ Commissions. To the extent permitted by law, Purchaser and Seller
each indemnify and agree to defend and hold the other party harmless from any loss, attorneys’
fees, and court and other costs arising out of a claim by any person or entity claiming by,
through, or under the indemnitor for a broker’s or finder’s fee or commission because of this
transaction or this Contract, whether the claimant is disclosed to the indemnitee or not. At
closing, each party will provide the other party with a release of broker’s or appraiser’s liens
from all brokers or appraisers for which each party was responsible.
17.
Deadlines and Other Dates
All deadlines in this Contract expire at 5:00 P.M., local time where the Property is located, on the
day indicated. If a deadline falls on a Saturday, Sunday, or national holiday, the deadline will be
extended to the next day that is not a Saturday, Sunday, or national holiday. A national holiday is
a holiday designated by the federal government. Time is of the essence of this Contract.
18.
County for Performance: This Contract shall be performed in Dallas County,
Texas.
19.
Legal Representation. The Buyer is/is not represented by legal counsel as
follows: [insert name, address, phone, facsimile, and email address for legal counsel, if any]
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________
Executed on the dates stated below.
PURCHASER:
SELLER:
______________________________
DALLAS INDEPENDENT SCHOOL DISTRICT
By: _____________________________
By: ____________________________
President, Board of Trustees
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 37 of 42
Name: ___________________________
Title: ____________________________
Attest:
By: ___________________________
Board Secretary
Address:
________________________________
________________________________
Address:
3700 Ross Avenue
Dallas, TX 75204
Phone: __________________________
Phone: _______________________
Facsimile: _______________________
Phone: _______________________
Date of Execution: ____________
Date of Execution: _______________
TITLE COMPANY ACCEPTANCE.
_____________ Title Company acknowledges
receipt of Earnest Money on __________________, 2015, in the amount of $1,000.00 subject to
the terms and conditions of this Contract.
________________ TITLE COMPANY
By:
_
Name: _______________________________
Address: _____________________________
Dallas, TX 752
Telephone:
_______________________
Fax: ______________________________
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 38 of 42
EXHIBIT B
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER.
DEED WITHOUT WARRANTY
THE STATE OF TEXAS
COUNTY OF DALLAS
§
§
§
KNOW ALL BY THESE PRESENTS:
That the DALLAS INDEPENDENT SCHOOL DISTRICT, a school district and governmental
instrumentality of the State of Texas, (“GRANTOR”), for and in consideration of the sum of
__________________ AND NO/100 DOLLARS ($).00), has GRANTED, SOLD, and
CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto
_______________ (“GRANTEE”) the surface estate of all of the property as described in
Exhibit A, which is attached hereto and made a part hereof, by reference for all purposes,
together with all and singular, all buildings and improvements thereon, (the “Property”), without
warranty of any kind, express or implied, and further subject to the terms, covenants, conditions,
reservations, restrictions and exceptions hereinafter stated.
This Deed Without Warranty is subject to: (i) standby fees, taxes and assessments by any taxing
authority for the year 201 and subsequent years and subsequent taxes and assessments by any
taxing authority for prior years due to changes in land usage or ownership, which Grantor
assumes and agrees to pay, and (ii) validly existing easements, rights-of-way, and prescriptive
rights, whether of record or not; all presently recorded and validly existing restrictions,
reservations, covenants, conditions, oil and gas leases, mineral interests outstanding in persons
other than Grantor, and other instruments, other than conveyances of the surface fee estate, that
affect the Property; validly existing rights of adjoining owners in any walls and fences situated
on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any
encroachments or overlapping of improvements; and all rights, obligations, and other matters
arising from and existing by reason of any Dallas County water or utility district. Further, those
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 39 of 42
covenants and warranties recited in Section 5.023 of the Texas Property Code (or its successor)
are excluded herefrom.
Grantor does hereby except and reserve unto Grantor, Grantor’s successors and assigns all of the
oil, gas, and other minerals owned by Grantor, together with the following rights appurtenant
thereto: (i) the right to lease Grantor’s interest in the minerals; (ii) the right to receive bonus
payments; (iii) the right to receive delay rentals; and (iv) the right to receive royalty. If the
mineral estate is subject to existing production or an existing lease, then this reservation shall
include the production, the lease, and all benefits therefrom. This reservation also includes any
and all future and reversionary interests in the oil, gas, and other minerals that Grantor is
currently entitled to, and/or those that may be otherwise associated with Grantor’s interest(s) in
the mineral estate in, on, and under the Property. Notwithstanding the above, Grantor and
Grantor’s successors and assigns hereby waive and convey unto Grantee, Grantee’s heirs,
successors, and assigns the surface rights associated with mineral interest(s) reserved herein,
including the rights of ingress and egress over the surface of the Property for mining, drilling,
exploring, operating, and developing the surface of the Property for oil, gas, and other minerals
and for removing them from the Property. Grantor and Grantor’s successors and assigns agree
that all future oil, gas, and mineral leases executed by them shall specifically prohibit any use of
the surface of the Property. However, Grantor’s waiver of surface rights herein shall not be
construed as a waiver of the right of Grantor, Grantor’s heirs, successors, assigns, and lessees to
explore, develop, or produce the mineral estate herein reserved with wells with surface locations
on lands other than the subject Property, including, but not limited to, directional and/or
horizontal wells that travel beneath the subject Property, or by pooling its oil, gas, and mineral
interests with lands adjoining the Property in accordance with the laws and regulations of the
State of Texas.
THE PROPERTY IS SOLD AND CONVEYED TO AND ACCEPTED BY GRANTEE IN ITS
PRESENT CONDITION, AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT ANY
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, AND
GRANTEE EXPRESSLY ACKNOWLEDGES THAT THE SALES PRICE REFLECTS SUCH
CONDITION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE
SALE OF THE PROPERTY IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY,
REPRESENTATION, AGREEMENT, STATEMENT OR EXPRESSION OF OPINION (OR
LACK THEREOF) OF OR WITH RESPECT TO: (I) THE CONDITION OF THE PROPERTY
OR ANY ASPECT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL
EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES RELATED TO
SUITABILITY FOR HABITATION, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR USE OR PURPOSE; (II) THE SOIL CONDITIONS, DRAINAGE,
TOPOGRAPHICAL FEATURES OR OTHER CONDITIONS OF THE PROPERTY OR
WHICH AFFECT THE PROPERTY; (III) ANY CONDITIONS RELATING TO OR ARISING
FROM ANY ARCHEOLOGICAL OR HISTORIC SITE, CEMETERY, BURIAL GROUND,
ENDANGERED SPECIES HABITAT, OR OTHER SUCH CONDITION WHICH MAY
AFFECT THE PROPERTY; (IV) AREA, SIZE, SHAPE, CONFIGURATION, LOCATION,
CAPACITY, QUANTITY, QUALITY, VALUE, CONDITION OR COMPOSITION OF THE
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 40 of 42
PROPERTY; (V) ANY ENVIRONMENTAL, GEOLOGICAL, METEOROLOGICAL,
STRUCTURAL OR OTHER CONDITION OR HAZARD OR THE ABSENCE THEREOF
HERETOFORE, NOW OR HEREAFTER AFFECTING IN ANY MANNER ANY OF THE
PROPERTY; AND (IV) ALL OTHER EXPRESS OR IMPLIED REPRESENTATIONS AND
WARRANTIES BY GRANTOR WHATSOEVER. GRANTEE HAS MADE ITS OWN
PHYSICAL INSPECTION OF THE PROPERTY AND HAS SATISFIED ITSELF AS TO THE
CONDITION OF THE PROPERTY FOR GRANTEE'S INTENDED USE.
GRANTOR
MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES AS TO THE
NATURE OR QUANTITY OF THE INTERESTS THEY OWN IN ANY OIL, GAS AND
OTHER MINERALS. AFTER CLOSING, AS BETWEEN GRANTEE AND GRANTOR, THE
RISK OF LIABILITY OR EXPENSE FOR ENVIRONMENTAL PROBLEMS, EVEN IF
ARISING FROM EVENTS BEFORE CLOSING, WILL BE THE SOLE RESPONSIBILITY
OF GRANTEE, REGARDLESS OF WHETHER THE ENVIRONMENTAL PROBLEMS
WERE KNOWN OR UNKNOWN AT CLOSING. ONCE CLOSING HAS OCCURRED,
GRANTEE INDEMNIFIES, HOLDS HARMLESS, AND RELEASES GRANTOR FROM
LIABILITY FOR ANY LATENT DEFECTS AND FROM ANY LIABILITY FOR
ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY, INCLUDING LIABILITY
UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY ACT (CERCLA), THE RESOURCE CONSERVATION AND RECOVERY
ACT (RCRA), THE TEXAS SOLID WASTE DISPOSAL ACT, OR THE TEXAS WATER
CODE. GRANTEE INDEMNIFIES, HOLDS HARMLESS, AND RELEASES GRANTOR
FROM ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE
PROPERTY ARISING AS THE RESULT OF GRANTOR'S OWN NEGLIGENCE OR
THE
NEGLIGENCE
OF
GRANTOR'S
REPRESENTATIVES.
GRANTEE
INDEMNIFIES, HOLDS HARMLESS, AND RELEASES GRANTOR FROM ANY
LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY
ARISING AS THE RESULT OF THEORIES OF PRODUCTS LIABILITY AND STRICT
LIABILITY, OR UNDER NEW LAWS OR CHANGES TO EXISTING LAWS ENACTED
AFTER THE EFFECTIVE DATE THAT WOULD OTHERWISE IMPOSE ON GRANTORS
IN THIS TYPE OF TRANSACTION NEW LIABILITIES FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY. GRANTEE FURTHER AGREES TO DEFEND,
AT ITS OWN EXPENSE, AND ON BEHALF OF GRANTOR AND IN THE NAME OF
GRANTOR, ANY CLAIM OR LITIGATION BROUGHT IN CONNECTION WITH ANY
SUCH ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY.
Grantee acknowledges and agrees that having been given the opportunity to inspect the Property,
Grantee is relying solely on its own investigation of the Property and not on any information
provided or to be provided by Grantor, and Grantee further acknowledges and agrees that any
information provided or to be provided with respect to the Property was obtained from a variety
of sources and that the Grantor has not made any independent investigation or verification of
such information.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 41 of 42
TO HAVE AND TO HOLD the above described Property, subject to the aforesaid,
together with all and singular the rights and appurtenances thereto in any manner belonging unto
the said GRANTEE, its successor and assigns forever; but it is distinctly understood and agreed
that this conveyance is made and accepted without covenants or warranties of any kind, either
express or implied.
EXECUTED this ____ day of ______________, 201__.
ATTEST:
DALLAS INDEPENDENT SCHOOL
DISTRICT
By: ________________________________
Board Secretary
By: _______________________________,
President of the Board of Trustees
THE STATE OF TEXAS
COUNTY OF DALLAS
§
§
§
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared ___________, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that she executed same for
the purposes and consideration therein expressed in the capacity therein stated, and as the act and
deed of said DALLAS INDEPENDENT SCHOOL DISTRICT, as authorized pursuant to action
of the Board of Trustees on ____________________, 20_____.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on the ___ day of
________________, 201_, to certify which witness my hand and official seal.
[Seal]
______________________________________
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
AFTER RECORDING RETURN TO:
Dallas Independent School District
RFB #RV-204580– Sale of Surplus Properties
Page 42 of 42
Notice to Vendors
Conflict of Interest Disclosure Statements
Texas Local Government Code, Chapter 176
Vendors are required to file a Conflict of Interest Questionnaire with the District if a relationship exists between the vendor’s company and
an officer of the District. Vendors are encouraged to review and become familiar with all disclosure requirements of Texas Local Government
Code, Chapter 176.
Conflicts of interest exist if:
1. the person has employment or other business relationship with the local government officer or a family member resulting in the
officer or family member receiving taxable income; or
2. the person has given the local government officer or family member one or more gifts (excluding food, lodging, transportation,
and entertainment) that have an aggregate value of more than $250 in the twelve month period preceding the date the officer
becomes aware of an executed contract or consideration of the person for a contract to do business with the District.
Disclosure is required from vendors regarding each affiliation or business relationship between the vendor and:
1. an officer of the District;
2. an officer of the District that results in the officer or family member receiving taxable income;
3. an officer of the District that results in the vendor receiving taxable income that does not come from the District;
4. a corporation or other business entity in which an officer of the District serves as an officer or director, or holds an ownership
interest of 10% or more;
5. an employee or contractor of the District who makes recommendations to an officer of the District regarding the expenditure of
money;
6. an officer of the District who appoints or employs an officer of the District that is the subject of the questionnaire; and
7. any person or entity that might cause a conflict of interest with the District.
Forms must be filed:
1. No later than the seventh business day after the date that the person begins contract discussions or negotiations with the
government entity, or submits to the entity an application, response to a request for proposal or bid, correspondence, or other
writing related to a potential agreement with the entity.
2.
The Vendor also shall file an updated questionnaire:
a. not later than September 1 of each year in which a covered transaction is pending, and
b. the seventh business day after the date of an event that would make a statement in the questionnaire incomplete or
inaccurate.
3.
A vendor is not required to file an updated questionnaire if the person had filed an updated statement on or after June 1, but
before September 1 of the year.
Officers of the Dallas Independent School District are:
Eric Cowan, Board President, (District 7)
Miguel Solis, 1st Vice President (District 8)
Lew Blackburn, Ph.D., 2nd Vice President (District 5)
Nance Bingham, Board Secretary (District 4)
Edwin Flores, Ph. D., J.D. (District 1)
Mike Morath (District 2)
Dan Micciche, (District 3)
Joyce Foreman, (District 6)
Bernadette Nutall (District 9)
Michael Hinojosa, Interim Superintendent of Schools
If you are required to file, send the completed form to Dallas Independent School District,
Procurement Services, 3700 Ross Avenue, Box 89, Dallas, Texas 75204.
CONFLICT OF INTEREST QUESTIONNAIRE
FORM
For vendor or other person seeking to do business with local governmental entity
CIQ
Name of Person Completing Form:
Name of Company Completing Form:
(Required Field)
(Required Field)
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a
business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets
requirements under Section 176.006(a).
Date Received:
/
/
By law this questionnaire must be filed with the records administrator of the local governmental entity not later than
the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See
Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
1
2
Name of person who has a business relationship with local governmental entity.
Check this box if you are filling an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after
the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name of local government officer with whom filer has
employment or business relationship:
(List Name of Officer in space provided above)
If naming government officer above, completion of A, B, C & D below is required. If no conflict, check box at line 4 below.
This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has affiliation or business relationship as defined
by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A.
Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of
the questionnaire?
Yes
B.
Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local
government officer named in this section AND the taxable income is not received from the local governmental entity?
Yes
C.
4
No
Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director, or holds an ownership of 10 percent or more?
Yes
D.
No
No
Describe each employment or business relationship with the local government officer named in this section.
Check here if you are NOT reporting a conflict with any government officer of Dallas ISD
5
Signature (Required)
Date