Ordinance No. 15,490 ORDINANCE NO. 15,490
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A
PURCHASE AGREEMENT WITH AMERICAN PIONEER INVESTMENTS,
INC., FOR THE PURCHASE OF PROPERTY LOCATED AT 2900 MARKET
STREET (PARCEL 5), BAYTOWN, HARRIS COUNTY, TEXAS, BEING
MORE PARTICULARLY DESCRIBED AS LOTS FIVE (5) AND SIX (6),
BLOCK THIRTEEN (13),AMELIA Z. AIRHART SUBDIVISION, WILLIAM
SCOTT UPPER LEAGUE, HARRIS COUNTY, TEXAS, AS PART OF THE
MARKET STREET REVITALIZATION PROJECT; AUTHORIZING
PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN THE
TOTAL AMOUNT OF EIGHT HUNDRED FORTY-EIGHT THOUSAND
EIGHT HUNDRED EIGHTY-THREE AND 841100DOLLARS ($848,883.84),
INCLUDING TITLE INSURANCE AND CLOSING COSTS; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the
City Manager to execute a Purchase Agreement with American Pioneer Investments, Inc., for the
purchase of property located 2900 Market Street(Parcel 5), Baytown,Harris County,Texas,being
more particularly described as Lots Five (5) and (6), Block Thirteen (13), Amelia Z. Airhart
Subdivision, William Scott Upper League, Harris County, Texas. A copy of the agreement is
attached hereto as Exhibit"A" and is incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment of a
purchase price for the property subject to the Purchase Agreement authorized in Section 1 hereof
in an amount of EIGHT HUNDRED FORTY-EIGHT THOUSAND EIGHT HUNDRED
EIGHTY-THREE AND 84/100 DOLLARS ($848,883.84) as follows: (a) purchase cost of
$843,490.00; and (b) title insurance and closing costs totaling $5,403.84.
Section 3: That the City Manager is hereby granted general authority to approve any
change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100
DOLLARS ($50,000.00) or less, provided that the amount stated in Section 2 hereof may not be
increased by more than twenty-Five percent (25%) or decreased by more than twenty-five percent
(25%) without the consent of the owners to such decrease unless otherwise provided for in the
contract authorized in Section 1 hereinabove.
Section 4: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affinnative vote of the City Council of the
City of Baytown this the 27th day of July, 2023.
"2 A JL::�
NDON CAPETtLLO,fMayor
Ara .a�r�<:ryr, ,s
ANTGILA J SO , City Cl
r,
APPROVED AS TO O
SCOTT LEl 2 ND, City Attorney
R:\Karen Anderson\ORDINANCES\2023\2023.07.27\PmhaseAgreemmt-AmericanPioncerinvestments-MarketS[RevitalintionPmjM.docx
2
EXHIBIT "A"
BAYS
PURCHASE AGREEMENT
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
This Agreement by and between the City of Baytown, (hereinafter called the City), and American
Pioneer Investments, (hereinafter called Owner), whether one or more, shall be effective on the
date of approval and execution by and on behalf of the City.
I. Sale and Purchase of Proj2erjy
1.01 In view of the mutual covenants herein expressed and contained,the Owner hereby agrees to
grant,bargain,sell and convey for the consideration and upon the terms herein stated to the City,and
the City does hereby agree to purchase, for the consideration and upon the terms herein stated the
property situated in Harris County,Texas which is described in Exhibit"A",which is attached hereto
and incorporated herein for any and all purposes.
The City and the Owner do further agree as follows:
Il. Consideration
2.01 Total Price: Insert Total Price ($843,480.00) to be paid by the City for fee simple title and
easement interest to the property described in the said Exhibit "A", save and except oil, gas and
sulphur, free of all liens,assessments and encumbrances.
Fee Simple Acquisitions (Insert Sq. Ft.) - $ 843,480.00
Damages - $ -0_
Cost to Cure - $ -0-
Temporary Construction Easement $ -0-
Total $ 843,480.00
It is expressly understood and agreed that Owner is retaining title to the following improvements
located on the Property to wit:NONE
Owner agrees to remove the above-described improvements from the Property on or before 60 Days
After Closing, subject, however, to such extensions of time as may be granted by the City, its
successor and assigns,in writing;and if, for any reason,Owner fails or refuses to remove same within
time prescribed, then, without any further consideration, the title to all or any part of such
improvements not so removed shall pass to and vest in the City,its successors and assigns, forever.
If applicable, Owner acknowledges that the total compensation for the Property includes
consideration for the relocation of the existing utility which is located within the Property. It shall be
the responsibility of the Owner to relocate any NONE (if applicable) outside of the boundaries of
the Property on or before 60 Days After Closing(Relocation Period) following the Owner's receipt
of compensation from the City for the Property. Owner agrees that the City, and its agent(s) shall
have the authority to remove the existing NONE from the Property following the expiration of the
Relocation period and Owner hereby grants limited access to the Owner's property for the purpose
of removing the NONE as deemed necessary (if applicable).
The agreed upon compensation is in full and final settlement of the terms set forth herein,and Owner
hereby releases, acquits and discharges City, together with its directors, officers, shareholders,
employees, subcontractors, agents, attorneys, representatives, consultants and subsidiary and parent
organizations, from and against any and all claims, damages, debts, obligations, controversies,
attorneys fees, costs, suits,demands, liabilities,or causes of action, of any kind or nature whatsoever,
at law or in equity, in contract or tort, general or special, for injuries or damages, liquidated or
unliquidated, now existing or that might arise hereafter, relating to or arising out of or in any way
connected to the City's purchase of the property.
III. Recording Costs and Title
3.01 Recording Costs: The City, without cost to Owner, shall pay the cost of recording all
instruments conveying tide to the City.
3.02 Liens and encumbrances against the Property: Owner shall pay and obtain release of all
liens,and mortgages recorded against the Property at or prior to Closing(f applicable).
IV. Closin
4.01 Ownership and Warranty Deed: Owner agree to convey to the City fee simple tide and an
easement interest to the said property and all appurtenances thereto for the consideration stated
subject to the aforementioned exception.After approval of tide by the City, Owner agrees to deliver
to the City's Closing Agent a General Warranty Deed and Temporary Construction Easement,
properly executed, conveying fee simple tide and an easement interest to such property. The City
warrant or wire transfer in payment of the consideration for such property shall be delivered to the
City's Closing Agent and shall be payable the Tide Company.
4.02 Possession: Until payment is made, and in the absence of a possession and use agreement
between the parties, title and possession of the property to be conveyed to the City will remain with
the Owner,who shall bear all risk of loss to any and all such property. In the event the condition of
the property should change,for any reason,prior to the date of delivery of possession to the City,the
City shall have the right to declare this agreement null and void.
4.03 Closing Costs: City will pay closing costs as described in section 3.01. Owner will pay
Owners' legal expenses, if any. If Owner engages the services of a real estate agent or broker in
connection with the sale and purchase of the Property, Owner will pay all commissions and broker's
fees.
4.04 Incidental Expenses:After the date of payment of the purchase price,Owners will be reim-
bursed for any fair and reasonable expenses necessarily incurred in transferring tide to the property to
the City for its use.Expenses eligible for reimbursement may include(1)recording fees,transfer taxes,
and similar expenses incidental to conveying the real property to the City and (2) penalty costs for
prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real
property.Voluntary unnecessary expenses or expenses incurred in clearing questionable title will not
be eligible for reimbursement. Eligible incidental expenses will be reimbursed upon submission of a
claim supported by receipted bills or other evidence of actual expenses incurred. Owners may file a
written request for review if it is believed that the City failed to properly determine the eligibility for
or the amount of incidental expenses to be reimbursed.There is no standard form on which to request
review of a claim; however, the claim must be filed with the City serving the area in which the said
property is located within six months after Owners are notified of the City's determination on any
claim for reimbursement.
V. Miscellaneous
5.01 Entire Agreement: This Agreement contains the entire agreement of the parties. This
Agreement can be amended or assigned only by written agreement signed by the City and Owner.
5.02 Binding: This Agreement is binding upon the heirs, executors, administrators, personal
representatives,successors and assigns of the City and Owner.
5.03 Effective Date: This Agreement is effective on the last date that both the City and Owners
have signed and executed this Agreement.
5.04 Relocation Assistance: It is mutually agreed and understood that any benefits which may
accrue under the City's Relocation Assistance Program will be handled entirely separate ftom and in
addition to this transaction.
8556
Owner: gi.%Katy Freeway suite 128
Houston,TX 77024
City: 2123 Market Street
Baytown,TX 77522
5.06 Additional Clauses: NONE
THE FULL AGREEMENT OF THE CITY AND THE OWNER IS SET FORTH IN THE
FOREGOING TEXT OF THIS INSTRUMENT,AND NO OTHER REPRESENTATIONS OR
OBLIGATIONS OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED.
Owner: City of Baytown
By:� By:
Name: Timothy Witten,President Name:
American Pioneer Investments, Inc.
Title:
Date: - 2- 23 Date:
GFp:CH3501-10350112W231
EXHIBIT A
Lots Five(5)and Six(6) in Block Thirteen(13)of AMELIA Z.AIRHART SUBDIVISION,a part of the William Scott
Upper League, Harris County,Texas,according to the Map or Plat thereof-of record in Volume 725, Page 401 of
the Deed Records of Harris County,Texas;and the adjoining the East part of Lot Seven(7)in said Block Thirteen
(13)of THE NORTH HALF OF BLOCK 13 AND THE WEST HALF OF BLOCK 17 OF THE AMELIA Z.AIRHART
ADDITION, according to the map pr plat thereof recorded in Volume 998, Pace 597 of the Deed Records of Harris
County,Texas,said portion of Lot 7 being described as Lot 7 save and except the West part of same conveyed by
John G. Bolan to Floyd Higginbotham by deed recorded in Volume 1886 at Page 380 of the Deed Records of
Harris County,Texas.
The above said property being the same property conveyed to J.W. Witten by deed dated April 26, 1972,
recorded May 1, 1972 at Clerk's File No. D579785, in the Official Public Records of Real Property of HARRIS
County,Texas.
Lot Eight(8), in Block Thirteen(13)of THE NORTH HALF OF BLOCK 13 AND THE WEST HALF OF BLOCK 17
OF THE AMELIA Z.AIRHART ADDITION, according to the map pr plat thereof recorded in Volume 998,Page 597
of the Deed Records of Harris County,Texas.
EXHIBIT A-LEGAL DESCRIPTION �7K
TXFNFESC Ea WtA-L-PlDax pU.(11.07) C-P-Y
ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT
The undersigned parties to a Purchase and Sale Agreement dated June 7, 2023 (Agreement), by
and between City of Baytown, Texas ("Purchaser"), and ("Seller"), for the purchase and sale of that
certain property commonly known as [2900 Market Street, Baytown,Texas 77250 ("Property"), hereby
mutually agree to amend said Agreement as follows: [Insert the terms]
I. Seller to receive$846,718.16 per Purchase Agreement dated June 7,2023 from Purchaser.
II. Purchaser to receive credit from Seller for Liens owed to City of Baytown in the amount of
$3,238.19.
This Addendum shall not alter, modify or change in any other respect the Contract, and except as
modified herein,all of the terms and provisions of the Contract are expressly ratified and confirmed and
shall remain in full force and effect.
Seiler, 8556 Katy Freeway Suite 128
Houston,Texas 77024
City: 2123 Market Street
Baytown,TX 77522
Seller. City of Baytown
By: v v By.
Name: Timothy Wi n,President Name:
Ame i an Pioneer Inveestments,Inc. Title
Date: ivt Z �b , �� Date: