Ordinance No. 7,624960208 -4
ORDINANCE NO. 7624
is AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE . PURCHASE OF PROPERTY FOR THE
ENTRANCE TO THE BAYTOWN NATURE CENTER FROM-EDWARD L. AND
KAREN STORY AND JOHN P. BENDER; DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO EARNEST MONEY
CONTRACTS WITH EDWARD L. AND KAREN STORY AND JOHN P.
BENDER; 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, authorizes the purchase of
certain property, which is described in Exhibit "A" which is attached hereto and incorporated herein
for all intents and purposes, from Edward L. and Karen Story, as the new entrance to the Baytown
Nature Center.
Section 2: That the City Council of the City of Baytown, Texas, authorizes the purchase of
certain property in Brownwood, which is described in Exhibit "B" which is attached hereto and
incorporated herein for all intents and purposes, from John P. Bender, Individually and as Trustee,
as the new entrance to the Baytown Nature Center.
Section 3: That the City Council directs the Mayor and City Clerk of the City of Baytown
to execute and attest to an Earnest Money Contract with Edward L. and Karen Story. Such contract
is attached hereto as Exhibit "C" and incorporated herein for all intents and purposes.
Section 4: That the City Council directs the Mayor and City Clerk of the City of Baytown
to execute and attest to an Earnest Money Contract with John P. Bender, Individually and as Trustee.
Such contract is attached hereto as Exhibit "D" and incorporated herein for all intents and purposes.
Section S: 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 8th day of February, 1996.
/e& e
PETE C. ALFAR , Mayor
•
�11
:7
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
40,1,204��D 9a� -
jet,QCIO RAMIREZ, SKJhty Attorney
c:\coun ci I \meeti ngslfebruarylbrown wd.8th
960208 -4a
•
194--71 =1757
gain a 1.5645 acre tract or parcel of land out City of Baytownt flerris County,'
4
the NhTHh"IE11 NYNCII SURVEY, Abstract No. 44 Y
Toxas, said 3.405 acre tract boi "9 Out Of more particularly g desorlUedsbYraQteBOand and a pjqrt of
said 1.5645 ac tract or parcel q
bounds as foli�etot
bounds Iti(1 at el. punch mark set in concrete in the West ) -0 -W line of Beyway Orly•
at its intereeo;tion with the Northerly R-O -W line of Harvey Blvd. ` said Punch mark
being the poutheasterly abet corner of the geld 3.405 Pere tract)
Sttt?HCE North 22: deg. 40 min. O0 eec. East with the Weator l.Y R -O-W line of Beyway
Drive and the elste i c� line f Eote the bout eeest c � � tract, °a •C'�r ^e! distance of 240.00 fet
to a 1J2 inch :iron
described tract :snd point of beginnings
THENCE continuing North 22 deg. 40 enin. 00 wee. EftJt W"" the Westerly R -o -W line
of Dayway Drive and the Easterly line of the caid 3.405 acre tract a distance of
252.98 fast to :e 1/2' inch iron o °ti,eaeterly tile
most Northeasterly of theohereinndescribed
said 3.405 acre tract and
treott
TRENCE !Peet wi h the Southerly Ft-G-K llne of Boise Avenue ( unlmprovad) and the
Northerly most line of the 3.405 acre traot a distnnee of 455.56 feet to a 5/8 inoh
iron rod recovered for the Northwesterly most corner of the heroin described
tracts
THENCE Bouth with the Easterly R -O -N line of Steinman Street (unimproved) and the
Westerly most liner of dLrei 03-66
deseribed tractt2
inch iron rod sot fo r the 8ovthwestearly noKt corner of ti e he
of THENCE
land, South et deg. 18 m8.14 East
017 said 3.405
o! land, a distance of 33
agvsare fast or;1.5645 acres, more or less, of lend.
x
..o,�.n'.ruvxaoxae� du�ia°Ci
THE STATE OFT XAS I
COUNTYOr+iAR 15 v —TI
. I twcbT C01 thel hie lnstrvfenl +re FIL[D M ilk NOAKI c7 w
�rI the a liM MM "me:endvas
5,�q�,enu an the In t sin 4 (�
dviT R£GOROEO, la the Qtt,del��c tot � �'I P��Y °I
Herrll tcunq, taus on EXHIBIT "A"
NOV 3 01990 r"
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cn
COUNTY CI 1 alt.
EXHIBIT A
THE STATE OF TEXAS)
COUNTY OF HARRIS)
FIELD NOTES of a 3.5165 acre tract of land situated in the
Nathaniel Lynch Survey.Abstract No. 44, Harris County, Texas, and
being out of and a part of Out Lots No. 1 and 9 of the Wooster
Subdivision as show on plat recorded in Volume 65 at Page 274 of
the Deed Records of Harris County, Texas, and out of and a part
of a tract of land conveyed to John P. Bender by Marian Bender
Harvey by deed recorded at County Clerk's File Number M 907745 of
the Official Public Records of Real Property of Harris County,
Texas. This 3.5156 acre tract of land is more particularly
described by metes and bounds as follows, to -wit:
NOTE: BEARING BASIS IS THE SOUTH LINE OF THIS TRACT AND THE NORTH
LINE OF BLOCK XL OF THE BROWNWOOD SUBDIVISION AS SHOWN ON PLAT
RECORDED IN VOLUME 72 AT PAGE 57 OF THE MAP RECORDS OF HARRIS
COUNTY, TEXAS. REFERENCE IS MADE TO PLAT OF EVEN DATE
ACCOMPANYING THIS DESCRIPTION.
BEGINNING at a 1/2 inch iron rod set for the Southeast corner of
this tract of land and the Northeast corner of Block XL and being
it the West right of way line of Steinman Street, 40 foot right
of way and in the East line of Out Lot No. 1.
THENCE North 72 deg 14 min 00 sec West with the South line of
this tract of land and the North line of Block XL, at 155.59 feet
found a 5/8 inch iron rod in line, at 320.68 feet found a 5/8
inch iron rod in line, at 403.12 feet found a 5/8 inch iron rod
in line, at 485.71 feet found a 5/8 inch iron rod in line, in all
a total distance of 972.89 feet to a 1/2 inch iron rod set for
the Southwest corner of this tract of land and the Northwest
corner of Block XL. This corner is in the East or Northeast
right of way line of Brownwood Drive, 60 foot right of way.
THENCE North 32 deg 26 min 44 sec West with the West or Southwest
line of this tract of land and the East or Northeast line of
Brownwood Drive a distance of 432.85 feet to a 1/2 inch iron, rod
set for the Northwest corner of this tract of land.
THENCE in an Easterly direction with the North line of this tract
of land and a nontangent curve to the left, concave North, having
a central angle of 35 deg 53 min 19 sec, a radius of 780.00 feet,
a length of 488.57 feet and a chord bearing and distance of South
55 deg 42 min 15 sec East 480.62 feet to a 1/2 inch iron rod set
for a corner of this tract of land and the end of this nontangent
curve.
THENCE South 72 deg 14 min 00 sec East with the North line of
this -tract of land a distance of 799.80 feet to a 1/2 inch iron
rod set for the Northeast corner of this tract of land. This
corner is in the East-line of Out Lot No. 9 and in the West right
®s of way line of Steinman Street.
l
PAGE NO. 2 - 3.5165 ACRE TRACT
THENCE South 00 deg 00 min 06 sec West with the East line of this
tract, the East line of Out Lot No. 9 and the West right of way
line of Steinman Street, at 44.30 feet found a 1/2 inch iron rod
in line for the Southeast corner of Out Lot No. 9 and in the
North right of way line of Boise Street, 50 foot right of way, at
94.30 feet the Northeast corner of Out Lot No. 1 and the South
right of way line of Boise Street, in all a total distance of
147.29 feet to the PLACE OF BEGINNING, containing within said
boundaries 3.5165 acres of land.
SURVEYED: February, 1996
SURVEYOR'S CERTIFICATE
I, Robert L. Hall, Jr., Reg Professional Land Surveyor No. 1610,
do hereby certify that the foregoing field notes were prepared
from an actual survey made on the ground and that all lines,
boundaries and landmarks are accurately described therein.
WITNESS my hand and seal
February, A.D., 1996.
1A 4;4 R,
at Baytown, Texas, this the 5th., day of
REG. PROFESSIONAL LAND SURVEYOR
NO. 1.610
96- 1021.FDN °
ROBERT L. HALL, JR-
9�0 SUR J��O
0 _
JAN 29 '96 10:13AN CITY OF BAYTOWN
P. 212
AMENDMENT TO THE UNIMPROVED EARNEST MONEY CONTRACT
BETWEEN
THE CITX OF BAYTOWN
AND
EDWARD L. STORY AND KAREN STORY
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment (the "Amendment ") to that certain "Unimproved Earnest Money
Contract" (the "Agreement ") between the City of Baytown, a municipal corporation located in Harris
and Chambers Counties, Texas, hereinafter known as the "Buyer," and Edward L. Story and Karen
Story, hereinafter collectively known as the "Seller" is made and entered into by and between the
same parties on the date herein last specified,
For and in consideration of the mutual covenants and agreements herein contained, the
parties hereto do hereby mutually agree as follows:
I.
Unless a different meaning clearly appears from the context, words and phrases as used in
this Amendment shall have the same meaning as in the Agreement.
II.
Article VI of the Agreement is hereby amended to read as follows:
The closing of the sale shall be on or before the 1561 day of March, 1996, or
within seven (7) days after objections to title and survey have been cured, whichever
date is later, such date hereinafter referred to as "Closing Date." Subject to Article
VIII, if either party fails to close this sale by the Closing Date herein specified, the
non - defaulting party shall be entitled to exercise any remedies contained in Article
XI hereof. At closing, the Seller shall furnish tai: statements or certificates showing
no delinquent taxes are due and owing on the property and shall tender a General
AEnendme Un' rAVPd t Mo ntra , page I
EXHIBIT C
JAN 26 196 06: 36PM CITY OF BAYTOWN P.3
0 -
Warranty Deed conveying good and indefeasible title showing no additional
exceptions.
III.
The provisions of this Amendment and the provisions of the Agreement should be read
together and constmed as one agreement provided that, in the event of any conflict or inconsistency
between the provisions of this Amendment and the provisions of the Agreement, the provisions of
this Amendment shall control.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one and
the same Agreement on the _ day of January, 1996, the date of execution by the Mayor of the City
of Baytown.
SELLER
EDWARD L. STORY
Property Owner
SELLER
KAREN STORY
Property Owner
110 :1:�
PETE C. ALFARO, Mayor
City of Baytown, Texas
t to Unimproved st M z tr ct Page 2
0
0
;.TAN 26 '96 06:37PM CITY OF BAYTOWN
ATTEST:
City Cleric D ._? w+ y
e- V% f-%rA
APPROVED AS TO FORM;
---e
ACID RAMIREZ, S Cit Attorney
P.4
STATE OF TEXAS §
� ✓- can -§
COUNTY OFtbutms 4 — §
Before me on this day personally appeared Edward L, Story, in his capacity as owner of the
Property, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me thi day of January, 1996.
otary Public in and �jthe State of Texas
SHAW J. CUATIS
MY GoMmSSION EXPIRES
;•• June 11, 1996
Aipendm-ent he ved t nniby Contract. one Page 3
P.5
STATE OF TE S §
46U0&-- §
COUNTY OF HARFd 0�- §
Before me on this day personally appeared Karen Story, in her capacity as owner of the
Property, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed the same for the purposes and consideration therein
expressed.
SUBSCRIBED AND SWORN before me this 2LL day of January, 1996.
Notary Public in and the State of Texas
SMRI J. CU MS
MY COMMISSION EXPIRES
June 11, 1998
0kIhl2lc9nlrWUu earntsL$.amd
Am nt to jhc Unimproved o o trac Page 4
0 UNIMPROVED EARNEST MONEY CONTRACT
C
STATE OF TEXAS §
COUNTY OF HARRIS §
This Unimproved Earnest Money Contract, hereinafter known as "Agreement," is made and
entered into this -2,f day of December, 1995, by and between the City of Baytown, a municipal
corporation located in Harris and Chambers Counties, Texas, hereinafter known as the "Buyer," and
Edward L. Story and Karen Story, hereinafter collectively known as the "Seller."
I.
IN GENERAL
The Seller agrees to sell and convey to Buyer and Buyer agrees to buy from Seller the
property described below.
II.
PROPERTY
The property subject to this agreement is approximately 1.5645 acres being Tract 1 C, Block
17, Town of Wooster, Baytown, Hams County, Texas, hereinafter called "Property." Such property
being more specifically described in Exhibit "A," which is attached hereto and incorporated herein
for all intents and purposes.
III.
SALES PRICE
The sales price of the above - referenced property is TWENTY FOUR THOUSAND EIGHT
HUNDRED DOLLARS AND NO 1100 ($24,800.00), which sum shall be paid in full at closing and
shall be referred to herein as "Sales Price."
IV.
EARNEST MONEY
Buyer shall deposit FIVE HUNDRED DOLLARS AND N0 1100 ($500.00) as earnest money
with Stewart Title, as Escrow Agent, upon execution of this contract by both parties.
Earnest Monev Contract, Page I
am
u
V.
TITLE POLICY AND SURVEY
Seller shall furnish to Buyer at Sellers expense an Owner Policy of Title Insurance (the "Title
Policy ") issued by Stewart Title (the "Title Company ") in the amount of the Sales Price, dated at or
after closing, ensuring Buyer against loss under the provisions of the Title Policy subject to the
promulgated exclusions (including existing building and zoning ordinances ) and the following
exceptions:
(1) restrictive covenants common to the platted subdivision in which the Property is
located;
(2) the standard printed exception for standby fees, taxes and assessments;
(3) utility easements created by the dedication deed or plat of the subdivision in which
the Property is located;
(4) reservations or exceptions otherwise permitted by this contract or as may be
approved by Buyer in writing;
(5) the standard printed exception as to discrepancies, conflicts, shortages in area or
boundary lines, encroachments or protrusions or overlapping improvements;
(6) the standard printed exception as to marital rights; and
(7) the standard printed exception as to waters, tidelands, beaches, streams, and related
matters.
Within twenty (20) days after the Title Company receives a copy of this contract, Seller shall
furnish to Buyer a commitment for Title Insurance (the "Commitment ") and, at Buyer's expense,
legible copies of restrictive covenants and documents evidencing exceptions in the Commitment
other than the standard printed exceptions. Seller authorizes the Title Company to mail or hand
deliver the Commitment and related documents to Buyer at Buyer's address shown below. If the
Commitment is not delivered to Buyer within the specified time, the time for delivery shall be
automatically extended up to fifteen (15) days. Buyer shall have five (5) days after the receipt of the
Commitment to object in writing to matters disclosed in the Commitment. Buyer may object to
existing building and zoning ordinances and items (1) through (7) listed above if Buyer determines
that any such ordinance or item prohibits the proposed use of the Property as hereinafter described.
Within ten (10) days after Buyer's receipt of a survey plat, Buyer may object in writing to
any matter which constitutes a defect or encumbrance to title shown on a survey plat obtained by
Buyer at the expense of Buyer. The survey shall be made by a Registered Professional Land
Surveyor acceptable to the Title Company and the Buyer. The plat shall (a) identify the Property
by metes and bounds or platted lot description; (b) show that the survey was made and staked of the
ground with the corners permanently marked; (c) set forth the dimensions and total area of the
Property; (d) show the location of all improvements, highways, streets, roads, railroads, rivers,
creeks or other waterways, fences, easements and rights -of -way on the Property with all easements
® Earnest Money Contract, Page 2
and rights -of -way referenced to their recording information; (e) showing any discrepancies or
conflicts in boundaries, any visible encroachments, and any portion of the Property lying within the
one hundred (100) year flood plain as shown on the current Federal Emergency Management Agency
map; and (f) contained the surveyor's certificate that the survey as shown by the plat is true and
correct.
Utility easements created by the dedication deed and plat of the subdivision in which the
Property is located shall not be a basis for objection. Buyers failure to object under this article
within the time allowed shall constitute a waiver of Buyer's right to object except that the
requirements in Schedule of the Commitment shall not be deemed to have been waived. If
objections are made by Buyer, or any third party lender, Seller shall cure the objection within twenty
(20) days after the date Seller receives them and the Closing Date shall be extended as necessary.
If objections are not cured by the extended Closing Date, this contract shall terminate and the Earnest
Money shall be refunded to Buyer, unless Buyer elects to waive the objections.
VI.
CLOSING
The closing of the sale shall be on or before the 31 st day of January, 1996, or within seven
(7) days after objections to title and survey have been cured, whichever date is later, such date
hereinafter referred to as "Closing Date." If either party fails to close this sale by the CIosing Date
herein specified, the non - defaulting party shall'be entitled to exercise any remedies contained in
article XI hereof. At closing, the Seller shall furnish tax statements or certificates showing no
delinquent taxes are due and owing on the Property and shall tender a General Warranty Deed
conveying good and indefeasible title showing no additional exceptions.
VII.
POSSESSION
The possession of the Property shall be delivered to Buyer at closing.
VIII.
SPECIAL CONDITION -- CONTINGENCY
This Agreement is contingent on the Buyer acquiring good and marketable title to
approximately 3.58 unimproved acres being out of Tract I, Block 9, Town of Wooster, Baytown,
Harris County, Texas, at a price not to exceed the fair market value of the same, as determined by
a certified appraiser selected by the Buyer, prior to the Closing Date. If such property is not obtained
by the Closing Date, (a) the Buyer shall not be obligated under this contract to proceed with the
Earnest Monev Contract, Page 3
purchase of the property; (b) the Earnest Money shall be immediately refunded to Buyer; and (c) the
® parties shall be released of all obligations under this Agreement.
IX.
SALES EXPENSES
The following expenses shall be paid at or prior to closing:
A. Appraisal fees shall be paid by Buyer.
B. Seller shall be responsible for the expenses associated with the following: releases
of existing liens, including prepayment penalties and recording fees; release of
Seller's loan liability; tax statements or certificates; preparation of deed; one -half of
escrow fee; and other expenses stipulated to be paid by Seller under other provisions
of this Agreement.
X.
PROBATIONS
Interest on any loan, current taxes, any rents, maintenance fees, and assessments shall be
prorated through the Closing Date. If the amount of the ad valorem taxes for the year in which the
sale is closed is not available on the Closing Date, proration of the taxes shall be made on the basis
of the taxes assessed in the previous year.
If Seller's change in use of the Property prior to the closing or denial of a special use
valuation on the Property claimed by Seller results in the assessment of additional taxes for periods
prior to closing, the additional taxes shall be the obligation of the Seller. Obligations imposed by
this article shall survive closing.
XI.
DEFAULT
If Buyer fails to comply with this contract, Buyer shall be in default, and Seller may (a)
enforce specific performance, seek such other relief as may be provided by law, or both or (b)
terminate this contract and receive the Earnest Money as liquidated damages, thereby releasing both
parties from this contract. If Seller is unable without fault to deliver the Commitment within the
time allowed, Buyer may either terminate this contract and receive the Earnest Mondy as the sole
remedy or extend the time for performance up to fifteen (15) days and the Closing Date shall be
extended as necessary at the discretion of the Buyer. If Seller fails to comply with this contract for
any other reason, Seller shall be in default and Buyer may either (a) enforce specific performance,
Earnest Money Contract, Page 4
seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive
the Earnest Money, thereby releasing both parties to this contract.
XiI.
ATTORNEY FEES
If the Buyer or Seller is a prevailing party in any legal proceeding brought under or with
relation to this contract, such party shall be entitled to recover from the non - prevailing parties all
costs of such proceeding and reasonable attorney's fees.
XIII.
ESCROW
The Eamest Money is deposited with Escrow agent with the understanding that Escrow agent
is not (a) a party to this contract and does not have any lability for the performance of non-
performance of any party to this contract, (b) liable for interest on the Earnest Money, or (c) liable
for any loss of Earnest money caused by the failure of a financial institution in which the Earnest
Money has been deposited unless the financial institution is acting as Escrow Agent. If either party
makes demand for the payment of the Earnest Money, Escrow Agent has the right to require from
all parties a written release of liability of Escrow Agent for disbursement of the Earnest Money. Any
refund or disbursement of Earnest Money under this contract shall be reduced by the amount of
unpaid expenses incurred on behalf of the party receiving the Earnest Money, and Escrow Agent
shall pay the same to the creditors thereto. At closing the Earnest Money shall be applied first to any
cash down payment, then to Buyer's closing costs, and any excess refunded to Buyer. Demands and
notices required by this paragraph shall be in writing and delivered by hand delivery or by certified
mail, return receipt requested.
XIV.
REPRESENTATIONS
Seller represents that as of the Closing Date (a) there will be no liens, assessments, or
Uniform Commercial Code or other security interests against any of the Property which will not be
satisfied out of the Sales Price. If any representation in this contract is untrue on the Closing Date,
this contract may be terminated by Buyer and the Earnest Money shall be refunded to Buyer. All
representations contained in this contract shall survive the closing.
0 Earnest Money Contract, Page 5
XV.
SALE OF INTEREST
The Seller may not sell or assign all or part interest in the Property to another party or parties
without the express written approval of the City Manager of such sale or assignment, nor shall Seller
assign any monies due or to become due to it hereunder without the previous consent of the City
Manager.
XVI.
NOTICES
All notices required to be given hereunder shall be given in writing in person or by overnight,
certified or registered mail, return receipt requested at the respective addresses of the parties set forth
herein or at such other address as may be designated in writing by either party. Notice given by mail
shall be deemed given three (3) days after the date of mailing thereof to the following addresses:
SELLER
Edward L. Story
Karen Story
P.O. Box 1103
Seabrook, TX 77586
BUYER
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
XVII.
FEDERAL TAX REQUIREMENTS
If Seller is a "foreign person" as defined by applicable law or if Seller fails to deliver an
affidavit that Seller is not a "foreign person," then Buyer shall withhold from the sales proceeds an
amount sufficient to comply with the applicable tax law and deliver the same to the Internal Revenue
Service together with appropriate tax forms. IRS regulations requiring filing written reports if cash
in excess of specified amounts is received in the transaction.
0 Earnest Money Contract, Page 6
XVIII.
USE
The intended use of the Property by Buyer is a public entrance to the Baytown Nature Center.
If Buyer ascertains that applicable zoning ordinances, easements, restrictions or governmental laws,
rules or regulations prevent such intended use or that the Property is located within the one hundred
(100) year flood plain as shown on the current Federal Emergency Management Agency, and Buyer
so notifies Seller within 30 days after the effective date of this contract, the same shall terminate and
the Earnest Money shall be refunded to Buyer. Buyer's failure to give the notice within the required
time shall constitute Buyer's acceptance of the Property.
XIX.
NON - WAIVER
Failure of either party hereto to insist on the strict performance of any of the agreements
herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce by an
appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or
remedy occurring as a result of any future default or failure of performance.
XX.
GOVERNING LAW
This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas and the City of Baytown, regardless of the place of its
execution or performance. The place of making and the place of performance for all purposes shall
be Baytown, Harris County, Texas.
XXI.
SEVERABILITY
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
skEarnest Money Contract, Page 7
XXII.
NO RIGHT TO ARBITRATION
Notwithstanding anything to the contrary contained in this Agreement, the Buyer and the
Seller hereby agree that no claim or dispute between the Buyer and the Seller arising out of or
relating to this Agreement shall be decided by any arbitration proceeding, including, without
limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1 -14), or any
applicable state arbitration statute, including, but not limited to, the Texas General Arbitration Act,
provided that in the event that the Buyer is subjected to an arbitration proceeding notwithstanding
this provision, the Seller consents to be joined in the arbitration proceeding if the Seller's presence
is required or requested by the Buyer of complete relief to be recorded in the arbitration proceeding.
XXIII.
MISCELLANEOUS PROVISIONS
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit the Seller and the Buyer only.
This Agreement contains all the agreements of the parties relating to the subject matter hereof
and is the full and final expression of the agreement between the parties.
XI V.
AUTHORITY
The persons executing this Agreement on behalf of the parties hereby represent that such
persons have full authority to execute this Agreement and to bind the party he /she represents.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one and
the same Agreement on the ;zL day of December,. 1995, the date of execution by the Mayor of the
City of Baytown.
SELLER
EDWARD L. STORY
Property Owner
Earnest Monev Contract, Page 8
SELLER
KAREN STORY
Property Owner
BUYER
PETE C. ALFARO, Mayor
City of Baytown, Texas
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
-) k- L:�K -
ACIO RAMIREZ, , City Attorney
STATE OF TEXAS
COUNTY OF HARRIS
Before me on this day personally appeared Edward L. Story, in his capacity as as owner of
the Property, known to me to be the person whose name is subscribed to the foregoing instrument
Earnest Money Contract, Page 9
and acknowledged to me that he executed the same for the purposes and consideration therein
is expressed.
SUBSCRIBED AND SWORN before me this day of December, 1995.
Notary Public in and for the State of Texas
' OF
/11111111100
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared Karen Story, in her capacity as owner of the
Property, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this day of December, 1995.
c:lklhII\contractslcarncstS
0 Eamest Money Contract, Page 10
Notary Public in and for the State of Texas
L
19471 =1757
of land Being a 1.5645 'once tract or parcel of land 4u t Of a 3.405 eLar tract ttarr la Covntyn
the Nl1TH MEL FYNCII SURVEY, Abstract r Y Wooster Outlots,
Texas, said ).4D5 acre tract being out of and a part of el�desorlbed by aetee and
sold 1.5645 sc • tract or parcel being more particularly
bounds ee loll�rfat
C%MNCIttf3 at a.punch marls met In sly R�OeWillne ofeHnrvay r a O
Blvd., saidpunchmark
at its interseo;tion with tile
being the Southeasterly moot corner of the said 3.495 hcre tract!
THENCE North 2Z, deg. 40 min. 00 sec. Eaet with the wester l,Y R--O -W line of 8ayway
Drive and tits Blaterly line of the said 3.40S* acre tract, a distance of 240.00 fet
to a 1/2 inch iron rod Fitt for the southeastsrl5-* Y3m%Mh corner of the herein
described tract: and point of beginning!
?itENCE vontinuittg North 22 deg. 40 enin. 00 sec. Ea:jt with the Westerly R -O -W line
of anyway Drive and the Easterly line of the said 3.405 acre tract a distance of
said 3 feat r ;e a t i nd the Nort bensterly the
most ocorner tof It eohereinndescribed
Bald 3.405 acre tract
traott
TRENC9 Nest wi h the Southerly R -O-K line of Boise Avenue ( unimproved) and the
iron Northerly recd ere ofor the4North esterlyam sttacorner of the herein a described
iron rod recovered f
traotl
TIIEHCti South wlth tte Easterly R -O -H line of 9teinman Street (unimproved) lend the
Westerly most ling of the Bout westerlyrnotst corner of the herein3described ra<ctt2
inch iron rod Fig
TNENCLr South 67 EaAt OF BEGINNING,econtaininga6a,105a
the 53
of land, a distance of
square feat or :1.5645 acres, more or less, of land.
�� dnrt���^ yya1 �
ont.oM .ws «...a�� rtx� 74 =01v�oUltalMa'.
nor= - NZamw* '0
11HE STATE OFT XAt
COUNTY Of +4AR I v'�
I tweby ccnlf theI his 1n+trvinent +H fILED u flit NaRINI
5egpenct on the en the a}UtN M14 Qblrt+c : +fdM7ti
6uly AECARO> 0, In the Vf1Ipa��tte 1Sf G� Itetl PropectT oI �� c 4 f`
ON01 Ecunty, (cut on EXHIBIT "A"
N OV 3 0199,0 h rn
LA COUNTY CI! 1K.
0
•
EARNEST MONEY CONTRACT
STATE OF TEXAS §
COUNTY OF HARRIS §
This Earnest Money Contract, hereinafter known as "Agreement ", is made and
entered into this 8th day of February, 1996, by and between the City of Baytown,
a municipal corporation located in Harris and Chambers Counties, Texas,
hereinafter known as the "Buyer ", and John P. Bender, Individually and as
Trustee, hereinafter known as the "Seller ".
I.
IN GENERAL
The Seller agrees to sell and convey to Buyer and Buyer agrees to buy from
Seller the property described below.
II.
PROPERTY
The property subject to this Agreement is an undivided one -half interest
in approximately three and one -half (3 1/2) acres being a portion of Tract 1,
Block 9, Town of Wooster, Baytown, Harris County, Texas, hereinafter called
"Property ". Such property being more specifically described in Exhibit "A ",
which is attached hereto and incorporated herein for all intents and purposes.
However, there is expressly excluded from the conveyance herein contemplated all
the oil, gas and sulphur which can be removed from the Property without any right
whatsoever remaining to the Seller or to any other owner of such mineral interest
of ingress or egress to or from the surface of the property for the purposes of
exploring, drilling, developing, or mining the same.
III.
SALES PRICE
The sales price of the above - described Property is SEVENTEEN THOUSAND FIVE
HUNDRED EIGHTY AND 00 /100, which sum shall be paid in full at closing and shall
be referred to herein as "Sales Price ".
IV.
EARNEST MONEY
Buyer shall deposit FIVE HUNDRED AND NO 1100 DOLLARS ($500.00) as earnest
money with Stewart Title, as Escrow Agent, upon execution of this contract by
both parties.
�HIBIT �
® V.
TITLE POLICY AND SURVEY
Seller shall furnish to Buyer at Seller Ia expense an Owner Policy of Title
Insurance (the "Title Policy ") issued by Stewart Title (the "Title Company ") in
the amount of the Sales Price, dated at or after closing, insuring Buyer against
loss under the provisions of the Title Policy subject to the promulgated
exclusions (including existing building and zoning ordinances) and the following
exceptions:
(1) restrictive covenants common to the platted subdivision in which the
Property is located;
(2) the standard printed exception for standby fees, taxes and
assessments; ,
(3) utility easements created by the .dedication deed or plat of the
subdivision in which the Property is located;
(4) reservations or exceptions otherwise permitted by this contract or as
may be approved by Buyer in writing;
(5) the standard printed exception as to discrepancies, conflicts,
shortages in area or boundary lines, encroachments or protrusions or
overlapping improvements;
(6) the standard printed exception to marital rights; and
(7) the standard printed exception as to waters, tidelands, beaches,
streams, and related matters.,
Within twenty (20) days after the Title Company receives a copy of this
contract, Seller shall furnish to Buyer a commitment for Title Insurance (the
"Commitment ") and, at Buyer's expense, legible copies of restrictive covenants
and documents evidencing- exceptions in the Commitment other than the standard
printed exceptions. Seller authorizes the Title Company to mail or hand deliver
the Commitment and related documents to Buyer at Buyer's address shown below.
If the Commitment is not delivered to Buyer within the specified time, the time
for delivery shall be automatically extended up to fifteen (15) days. Buyer
shall have five (5) days after the receipt of the Commitment to object in writing
to matters disclosed in the Commitment. Buyer may object to existing building
and zoning ordinances and items (1) through (7) listed above if Buyer determines
that any such ordinance or item prohibits the proposed use of the Property as
hereinafter described.
Within ten (10) days after Buyer's receipt of a survey plat, Buyer may
object in writing to any matter which constitutes a defect or encumbrance to
title shown on a survey plat obtained by Buyer at the expense of Buyer. The
survey shall be made by a Registered Professional Land Surveyor acceptable to the
Title Company and the Buyer. The plat shall (a) identify the Property by metes
—2—
® and bounds or platted lot description; (b) show that the survey was made and
staked of the ground with the, corners permanently marked; (c) set forth the
dimensions and total area of the. Property; (d) show the location of all
improvements, highways, streets, roads, railroads, rivers, creeks or other
waterways, fences, easements and rights -of -way on the Property with all easements
and rights -of -way referenced to their recording information; (e) showing any
discrepancies or conflicts in boundaries, any visible encroachments, and any
portion of the Property lying within the one hundred (100) year flood plain as
shown on the current Federal Emergency Management Agency map; and (f) contain the
.surveyor's certificate that the survey as shown by the plat is true and correct
Utility easements created by the dedication deed and plat of the
subdivision in which the Property is located shall not be a basis for objection.
Buyer's failure to object under this article within the time allowed shall
constitute a waiver of Buyer's right to object except that the requirements in
the Schedule of the Commitment shall not be deemed to have been waived. If
objections are made by Buyer, or any third party lender, Seller shall cure the
objection within twenty (20) days after the date Seller receives them and the
Closing Date shall be extended as necessary. If objections are not cured by the
extended Closing Date, this contract shall terminate and the Earnest Money shall
be refunded to Buyer, unless Buyer elects to waive the objections.
VI.
CLOSING
The closing of the sale shall be on or before the 29th day of February,
1996, or within seven (7) days after objections to title and survey have been
cured, whichever date is later, such date hereinafter referred to as "Closing
Date ". If either party fails to close this sala`by the Closing Date herein
specified, the non - defaulting party shall be entitled to exercise any remedies
contained in Article XI hereof. At closing, the Seller shall furnish tax
statements or certificates showing no delinquent taxes are due and owing to the
Property and shall tender a General Warranty Deed conveying good and indefeasible
title showing no additional exceptions.
VII.
POSSESSION
The possession of the Property shall be delivered to Buyer at closing.
VIII.
SPECIAL CONDITION - CONTINGENCY
This Agreement is contingent on the Seller identifying the true owner of
the Property to the Buyer and submitted to the Buyer a copy of the trust
agreement identifying the true owner of the same. If the true owner of the
Property is not identified and a copy of the trust agreement identifying the true
owner is not obtained as required herein by the Closing Date, (a) the Buyer shall
not be obligated under this contract to proceed with the purchase of the
0 -3-
a
property; (b) the Earnest Money shall be immediately refunded to Buyer; and (c)
the parties shall be released of all obligations under this Agreement.
IX.
PROPERTY TO BE CONVEYED "AS IS"
Both parties hereto expressly agree that, as is the case with all property,
there may be hazardous substances located on or beneath the Property or in the
groundwater underlying the Property, Seller has not done -a specific
environmental audit of the Property. Buyer is advised and hereby given permission
to undertake a thorough investigation prior to concluding the proposed purchase
of the Property. Since the Property is being sold "as is ", Buyer assumes the
risk of hazardous substances being found on or beneath the property whether or
not Buyer undertakes an investigation prior to concluding the purchase. Should
such an investigation be conducted by the Buyer and should the results of the
investigation reveal the presence of hazardous materials of whatever nature being
found in any way connected with. the Property, (a) the Buyer shall not be
obligated under this contract to proceed with the purchase of the property; (b)
the Earnest Money shall be immediately refunded to Buyer; and (c) the parties
shell be released of all obligations under this Agreement.
X.
SALES EXPENSES
The following expenses shall be paid at or prior to closing:
A. Appraisal fees shall be paid by Buyer.
B. Seller shall be responsible for all expenses associated with the
following: releases of existing liens, including prepayment penalties
and recording fees; release of Seller's loan liability; tax
statements or certificates; preparation of deed; one -half of escrow
fee; and other expenses stipulated to be paid by Seller under other
provisions of this Agreement.
XI,
PRORATIONS
Interest on any loan, current taxes, any rents, maintenance fees, and
assessments shall be prorated through the Closing Date. If the amount of ad
valorem taxes for the year in which the sale is closed is not available on the
Closing Date, proration of the taxes shall be made on the basis of the taxes
assessed in the previous year.
If Seller's change in use of the Property prior to the closing or denial
of a special use valuation on the Property claimed by Seller results in the
assessment of additional taxes for periods prior to closing, the additional taxes
shall be the obligation of the Seller. Obligations imposed by this article shall
survive closing.
• -4-
® %II.
DEFAULT
If Buyer fails to comply with this contract, Buyer shall be in default, and
Seller may (a) enforce specific performance, seek such other relief as may be
provided by law, or both, or (b) terminate this contract and receive the Earnest
Money as liquidated damages thereby releasing both parties from this contract.
If Seller is unable without fault to deliver the Commitment within the time
allowed, Buyer may either terminate this contract and receive the Earnest Money
as the sole remedy or extend the time for performance up to fifteen (15) days and
the Closing Date shall be extended as necessary at the discretion of the Buyer.
If Seller fails to comply with this contract for any other reason, Seller shall
be in default and Buyer may either (a) enforce specific performance, seek such
other relief as may be provided by law, or both, or (b) terminate this contract
and receive the Earnest Money, thereby releasing both parties to this contract.
RIII..
ATTORNEY FEES
If the Buyer or. Seller is a prevailing party in any legal proceeding
brought under or with relation to this contract, such party shall be entitled to
recover from the non - prevailing parties all costs of such proceeding and
reasonable attorney'.s fees.
%IV.
ESCROW
The Earnest Money is deposited with Escrow Agent with the understanding
that Escrow Agent is not (a) a party to this contract and does not have any
liability for the performance or non - performance of any.party to this contract,
(b) liable for interest on the Earnest Money, or (c) liable for any loss of
Earnest Money caused by the failure of a financial institution in which the
Earnest Money has been deposited unless the financial institution is action as
Escrow Agent. If either party makes demand for the payment of the Earnest Money,
Escrow Agent has the right to require from all parties a written release of
liability of Escrow Agent for disbursement of the Earnest Money. Any refund or
disbursement of Earnest Money under this contract shall be reduced by the amount
of unpaid expenses incurred on behalf of - the party receiving the Earnest Money,
and Escrow Agent shall pay the same to the creditors thereto. At closing the
Earnest Money shall be applied first to any cash down payment, then to Buyer's
closing costs, and any excess refunded to Buyer. Demands and notices required
by this paragraph shall be in writing and delivered by hand delivery or by
certified mail, return receipt requested.
RV.
REPRESENTATIONS
Seller represents that as of the Closing Date (a) there will be n o liens,
assessments, or Uniform Commercial Code or other security interests against any
of the Property which will not be satisfied out of the Sales Price. If any
0 -5-
representation in this contract is untrue on the Closing Date, this contract may
be terminated by Buyer and the Earnest Money shall be refunded to Buyer. All
representations contained. in this contract shall survive the closing.
RVI.
SALE OF INTEREST
The Seller may not sell or assign all or part interest in the Property to
another party or parties without the express written approval of the City Manager
of such sale or assignment, nor shall Seller assign any monies due or to become
due to it hereunder without the previous consent of the City Manager.
RVII.
NOTICES
All notices required to be given hereunder shall be given in writing in
person or by overnight, certified or registered mail, return receipt requested,
at the respective addresses of the parties set forth herein or at such other
address as may be designated in writing by either party. Notice given by mail
shall be deemed given three (3) days after the date of mailing thereof to the
following addresses:
IU=
John P. Bender, Individually and as Trustee
Mueller & Vacek, L.L.P.
1005 Congress Avenue, Suite 950
Austin, TX 78701
BUYE
City of Baytown
Attn: City Manager
P. 0. Box 424
Baytown, TX 77522
RVIII.
FEDERAL TAR REQUIREMENTS
If Seller is a "foreign person" as defined by applicable law or if Seller
Eails to deliver an affidavit that Seller is not a "foreign person ", then Buyer
shall withhold from the sales proceeds an amount sufficient to comply with the
applicable tax law and deliver the same to *the Internal Revenue Service, together
with appropriate tax forms. IRS regulations require the filing of written
reports if cash in excess of specified amounts is received in the transaction.
RIR.
USE
The intended use of the Property by Buyer is a public entrance to the
Baytown Nature Center. If Buyer ascertains that applicable zoning ordinances,
easements, restrictions or governmental laws, rules or regulations prevent such
0 -6-
® intended use or that the Property is located within the one hundred (100) year
flood plain as shown on the current Federal Emergency Management Agency, and
Buyer so notifies Seller within thirty (30) days after the effective date of this
contact, the same shall terminate and the Earnest Money shall be refunded to
Buyer. Buyer's failure to give the notice within the required time shall
constitute Buyer's acceptance of the Property.
XX.
NON- WAIVER
Failure of either party hereto to insist on the strict performance of any
of the agreements herein or to exercise any rights or remedies accruing
thereunder upon default or failure of performance shall not be considered a
waiver.of the right to insist on and to enforce by an appropriate remedy, strict
compliance with any other obligation hereunder to exercise any right or remedy
occurring as a result of any future default or failure of performance.
XXI.
GOVERNING LAW
This Agreement shall in all respects be interpreted and construed in
aceordanoe with and governed by the laws of the State of Texas and the City of
Baytown, regardless of the place of its execution or performance. The place of
making and the place of performance for all purposes shall be Baytown, Harris
County, Texas.
XXII.
SEVERABILITY
All parties agree that should any provision of this Agreement be determined
to be invalid or unenforceable, such determination shall not affect any other
term of this Agreement, which shall continue in full force and effect.
XXIII.
NO RIGHT TO ARBITRATION
Notwithstanding anything to the contrary contained in this Agreement, the
Buyer and the Seller hereby agree that no claim or dispute between the Buyer and
the Seller arising out of or relating to this Agreement shall be decided by any
arbitration proceedings, including, without limitation, any-proceeding under the
Federal Arbitration Act (9 U.S.C. Sections 1 -14), or any applicable state
arbitration statute, including, but not limited to, the Texas General Arbitration
Act, provided that in the event that the Buyer is subjected to an arbitration
proceeding notwithstanding this provision, the Seller consents to be joined in
the arbitration proceeding if the Seller's presence is required or requested by
the Buyer of complete relief to be recorded in the arbitration proceedings.
®1 —7—
XXIV.
MISCELLANEOUS PROVISIONS
This Agreement shall not bestow any rights upon any third party, but,
rather, shall bind and benefit the Seller and the Buyer only.
This Agreement contains all the agreements of the parties relating to the
subject matter hereof and is the full and final expression of the agreement
between the parties.
%%V,
AUTHORITY
The persons executing this Agreement on behalf of the parties hereto
represent that such persons have full authority to execute this Agreement and to
bind the party he /she represents.
IN.WITNESS WHEREOF, the parties hereto have executed this Agreement in
multiple copies, each of which shall be deemed to be an original, but all of
which shall constitute but one and the same Agreement on the day of
1996, the date of execution by the Mayor of the City of Baytown.
BUYER
PETE C. ALFARO, Mayor,
City of Baytown, Texas
ATTEST;
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM;
iUNACIO RAMIREZ, SR., City Attorney
•, -8-
STATE OF TEXAS §
§
COUNTY OF TRAVIS §
Before me on this day personally appeared John P. Bender, Individually and
as Trustee as Owner of the Property, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me thi9 8th day of February, 1996.
Notary Public in and for the State of Texas
.�� ESTHER SCHWAKE
NOTARY PUBLIC
* State of Texas
'� �•+ Comm. Exp. 10.30.97
0 —9—
THE STATE OF TEXAS)
COUNTY OF HARRIS)
FIELD NOTES of a 3.5165 acre tract of land situated in the
Nathaniel Lynch Survey Abstract No. 44, Harris County, Texas, and
being out of and a part of Out Lots No. 1 and 9 of the Wooster
Subdivision as show on plat recorded in Volume 65 at Page 274 of
the Deed Records of Harris County, Texas, and out of and a part
of a tract of land conveyed to John P. Bender by Marian Bender
Harvey by deed recorded at County Clerk's File Number M 907745 of
the Official Public Records of Real Property of Harris County,
Texas. This 3.5156 acre tract of land is more particularly
described by metes and bounds as follows, to -wit:
NOTE: BEARING BASIS IS THE SOUTH LINE OF THIS TRACT AND THE NORTH
LINE OF BLOCK XL OF THE BROWNWOOD SUBDIVISION AS SHOWN ON PLAT
RECORDED IN VOLUME 72 AT PAGE 57 OF THE MAP RECORDS OF HARRIS
COUNTY, TEXAS. REFERENCE IS MADE TO PLAT OF EVEN DATE
ACCOMPANYING THIS DESCRIPTION.
BEGINNING at a 1/2 inch iron rod set for the Southeast corner of
this tract of land and the Northeast corner of Block XL and being
in the West right of way line of Steinman Street, 40 foot right
of way and in the East line of Out Lot No. 1.
THENCE North 72 deg 14 min 00 sec West with the South line of
this tract of land and the North line of Block XL, at 155.59 feet
found a 5/8 inch iron rod in line, at 320.68 feet found a 5/8
inch iron rod in line, at 403.12 feet found a 5/8 inch iron rod
in line, at 485.71 feet found a 5/8 inch iron rod in line, in all
a total distance of 972.89 feet to a 1/2 inch iron rod set for
the Southwest corner of this tract of land and the Northwest
corner of Block XL. This corner is in the East or Northeast
right of way line of Brownwood Drive, 60 foot right of way.
THENCE North 32 deg 26 min 44 sec West with the West or Southwest
line of this tract of land and the East or Northeast line of
Brownwood Drive a distance of 432.85 feet to a 1/2 inch iron rod
set for the Northwest corner of this tract of land.
THENCE in an Easterly direction with the North line of this tract
of land and a nontangent curve to the left, concave North, having
• central angle of 35 deg 53 min 19 sec, a radius of 780.00 feet,
• length of 488.57 feet and a chord bearing and distance of South
55 deg 42 min 15 sec East'480.62 feet to a 1/2 inch iron rod set
for a corner of this tract of land and the end of this nontangent
curve.
THENCE South 72 deg 14 min 00 sec East with the North line of
this -tract of land a distance of 799.80 feet to a 1/2 inch iron
rod set for the Northeast corner of this tract of land. This
® corner is in the East line of Out Lot No. 9 and in the West right
of way line of Steinman Street.
EXHIBIT A
[I]
•
PAGE NO. 2 - 3.5165 ACRE TRACT
THENCE South 00 deg 00 min 06 sec West with the East line of this
tract, the East line of Out Lot No. 9 and the West right of way
line of Steinman Street, at 44.30 feet found a 1/2 inch iron rod
in line for the Southeast corner of Out Lot No. 9 and in the
North right of way line of Boise Street, 50 foot right of way, at
94.30 feet the Northeast corner of Out Lot No. 1 and the South
right of way line of Boise Street, in all a total distance of
147.29 feet to the PLACE OF BEGINNING, containing within said
boundaries 3.5165 acres of land.
SURVEYED: February, 1996
SURVEYOR'S CERTIFICATE
I, Robert L. Hall, Jr., Reg Professional Land Surveyor No. 1610,
do hereby certify that the foregoing field notes were prepared
from an actual survey made on the ground and that all lines,
boundaries and landmarks are accurately described therein.
WITNESS my hand and seal
February, A.D., 1996.
at Baytown, Texas, this the 5th., day of
REG. PROFESSIONAL LAND SURVEYOR
NO. 1610
96- 1021.FDN
ROBERT L. HALL, JR:.
... . .
:A 1610 �'
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