Ordinance No. 4,27650926 -10
ORDINANCE N0. 4276
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN OFFER TO
PURCHASE AGREEMENT AND A MURAL LOAN AGREEMENT WITH THE
UNITED STATES POSTAL SERVICE; AND PROVIDING FOR THE
EFFECTIVE LATE HEREOF.
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 and directs the Mayor and City Clerk of the City of Baytown to execute
and attest to an Offer to Purchase Agreement and a Mural Loan Agreement with
the United States Postal Service. Copies of said agreements are attached hereto,
marked Exhibit "A" and "B," and made a part hereof for all intents and purposes.
Section 2: 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 affirmative vote of the City
Council of the City of Baytown, this the 26th day of September, 1985.
T 114 remi r. a
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
ANDALU B. MONG, Attorney
50926 -I0a
OFFER TO PURCHASE
(LISPS -OWNED EXCESS REAL PROPER_T�
The City of Baytown, Texas
hereinafter called the Offerer, hereby offers to purchase the United States
Postal Service property described as follows:
Main Post Office and Federal Building located at 220 West Defee Street,
Baytown, Texas, and further described as lots five (5), six (6), seven (7),
eight (8), nine (9), ten (10), eleven (11), twelve (12), thirteen (13),
fourteen (14), fifteen (15), sixteen (16), seventeen (17), eighteen (18),
nineteen (19), and the west five (5) feet of lot twenty (20) in block nine
(9) of the Goose Creek town site, out of the Harvey Whiting survey in the
county of Harris, state of Texas, according to a map of said town, recorded
in volume five, page 59, of the map records of Harris County, Texas.
subject to the following terms and conditions:
1. The purchase price shall be eighty thousand dollars ($80,000)_ payable at the
time of closing in cash or by certified or cashier's check.
2. Submitted with this offer is a certified or cashier's check in the amount of
one thousand dollars (51.000) payable to the United States Postal Service as
a security deposit which upon acceptance of this Offer to Purchase shall be
applied toward payment of the purchase price. If the Postal Service rejects
this Offer to Purchase the security deposit shall be returned to the
offerer, without interest as promptly as possible after such rejection.
3. Notice by the Postal Service of acceptance or rejection of the Offer to
Purchase shall be given no later than thirty (30) calendar days from date of
execution by offerer and shall be deemed to have been sufficiently given
when telegraphed or mailed to the Offerer at the mailing address herein
indicated.
4. In the event of revocation of this Offer to Purchase after notice of
acceptance, or in the event of any default of Offerer in the performance of
the contract of sale created by such acceptance, or in the event of failure
by Offerer to consummate the transaction, the deposit, together with any
payments subsequently made on account may be forfeited at the option of the
Postal Service, in which event the Offerer shall be relieved from further
liability, or without forfeiting the said deposit and payments, the Postal
Service may avail itself of any legal or equitable rights which it may have
under this Offer to Purchase.
E )(".�°tT A
50926 -10b
2
5. Offerer shall attach to this Offer to Purchase documentary evidence
affirmatively establishing authority of the person(s) to execute this Offer
to Purchase to bind the Offerer for which he (or they) purports to act. Such
resolution must contain the essential stipulations embodied in this Offer to
Purchase, and the Name(s) and official title(s) of the officer(s) who are
authorized to sign the Offer to Purchase must appear in the document.
6. The following historic restrictive covenants shall be included in the deed of
conveyance.
None
7. The following equipment presently installed within the premises shall remain
the property of the U.S. Postal Service and shall be removed by date of
closing unless a later date is mutually agreed upon.
a. All postal equipment and fixtures including, but not limited to:
(1) post office boxes
(2) counters
(3) safe
(4) mural (Texas Progress by Barse Moller). To be placed on loan
to the city of Baytown with loan agreement attached and made
part of this Offer to Purchase Agreement.
8. Offerer agrees that this Offer to Purchase is submitted on a "where is -- as
Is" basis, and its failure to inspect or to be fully informed as to the
condition of all or any portion of the premises or property will not
constitute grounds for any claim or demand for adjustment or withdrawal of
this Offer to Purchase.
4. The description and location are based on the best available information and
are believed to be sufficiently specific for purposes of identification. Any
errors or omissions therein shall not constitute any ground or reason for
non - performance of the contract or claim by Offerer for any allowance,
refund, or deduction from the stated purchase price. The Postal Service
makes no guaranty, warranty or representations, expressed or implied, as to
location, quality, quantity, kind, character, size, description, or its
fitness for any use or purpose, and no claim will be considered for allowance
or adjustment, or for rescission of the sale based upon the failure of the
property to correspond with the standard expected.
10. Possession of the property will be assumed by the Offerer at time of closing.
11. As of the date of conveyance Offerer shall assume responsibility for payment
for all utilities required for operation of the building and for care and
handling and all risks of loss or damage to the property and have all
obligations and liabilities of ownership.
50926 --10c
3
12. Any title evidence which may be desired by Offerer will be procured by the
Offerer at his sole cost and expense. It is understood that the Postal
Service will not be obligated to pay for any expense incurred in connection
with title costs or survey of the property.
13. Conveyance of the property to Offerer will be accomplished by a Quitclaim
Deed.
14. Offerer shall pay all taxes imposed on this transaction and shall obtain at
its own expense and affix to all instruments of conveyance and security
documents such revenue and documentary stamps as may be required by Federal
and local law. All instruments of conveyance and security documents shall be
placed on record in the manner prescribed by local recording statutes at the
expense of the Offerer.
15. This Offer to Purchase, when accepted by the Postal Service, shall constitute
an agreement for sale between the Offerer and the Postal Service. Such
agreement shall constitute the whole contract to be succeeded only by the
formal instrument of transfer, unless modified in writing and signed by both
parties. No oral statements or representations made by, or on behalf of
either party shall be a part of such contract. Nor shall the contract or any
interest therein be transferred or assigned by Offerer without consent of the
Postal Service, and any assignment transaction without such consent shall be
void.
16. No member of or delegate to the Congress, or resident commissioner, shall be
admitted to any share or part of the contract of sale or to any benefit that
may arise therefrom, but this provision shall be construed to extend to the
contract of sale if made with a corporation for its general benefit.
17. The instrument of conveyance should name the following as Grantee:
The City of Baytown
50926 -10d
4
WITNESS HEREOF, I (We) have set my (our) hand(s) and Seal(s) this day
of 19
(CORPORATE SEAL)
Witness:
By:
Eileen Hall, City Clerk Emmett 0. Hutto
Title: Mayor
By:
Title:
Mailing Address: Telephone: (Include Area Code)
City of Baytown 713) 422 -8281
P. 0. Box 424
Baytown, Texas 77522 -0424
ACCEPTANCE BY UNITED STATES POSTAL SERVICE
Witness: UNITED STATES POSTAL SERVICE
By:
Title:
(Contracting Officer)
Date of Acceptance:
tool
50926 -10e
AGREEMENT BETWEEN
THE UNITED STATES POSTAL SERVICE
AND
THE CITY OF BAYTOWN
WHEREAS THE United States Postal Service wishes to retain the
ownership of a mural entitled "Texas Progress" by artist,
Barse Miller.
WHEREAS THE City of Baytown, Baytown, Texas, wishes to leave said
mural in the old post office and agrees to the following
conditions: (1) the mural shall remain the property of
the United States Postal Service; (2) the mural shall be on
loan to the city of Baytown and exhibited in the old post
office, Baytown, Texas, where normal care and protection
can be provided by the city of Baytown at no expense to the
United States Postal Service; (3) maintenance of the mural
should include cleaning as necessary (National Collection
of Fine Arts, Smithsonian Institution, may be contacted for
advice and assistance) by authority of an agreement between
the United States Postal Service and the Smithsonian
Institution dated October 10, 1975); and (4) the mural
shall not be removed from the location in the old post
office without prior written consent from the United States
Postal Service.
THEREFORE THE United States Government, United States Postal Service,
agrees to loan for an unspecified and indefinite period of
time, the mural subject to the conditions of this agreement
by the city of Baytown.
Date By:
City of Baytown
Witness
For the United States Postal Service
Date By:
Assistant Postmaster General
Engineering and Technical
Support Department
Approved as to Form:
Regional Counsel
MIslGiT B
Date