Ordinance No. 8,82920000210 -1
ORDINANCE NO. 8829
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO AN AMENDMENT TO THE EARNEST
MONEY CONTRACT WITH LEX HOCHNER, JR., OR HIS ASSIGNS, FOR
THE PRIVATE SALE OF PROPERTY LOCATED IN BAYTOWN, HARRIS
COUNTY, TEXAS, PREVIOUSLY FORECLOSED ON BY THE CITY OF
BAYTOWN FOR DELINQUENT AD VALOREM TAXES; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, on October 28, 1999, the City of Baytown approved an earnest money
contract with Lex Hochner, Jr., or his assigns for the private sale of the following properties:
(i) .5306 undivided interest in Tract 1 and Tract 12R, Abstract 66 W Scott totaling
approximately 19.9970 acres, Abstract 842 H Whiting;
(ii) .4694 undivided interest in Tract 12, totaling approximately 40.43 acres; Abstract
66 W Scott;
(iii) .4694 undivided interest in Tract 1 and Tract 12R; Abstract 66 W Scott, totaling
approximately 19.9970 acres; Abstract 842 H Whiting; and
(iv) .5306 undivided interest in Tract 12, totaling 40.43 acres; Abstract 66 W Scott,
Baytown, Harris County, Texas, previously foreclosed on by the City of Baytown for delinquent
ad valorem taxes (the "Properties "); and
WHEREAS, the buyer has requested a 21 -day extension of the time period during which
the he may perform inspections and feasibility studies; and
WHEREAS, the buyer asserts that this request is necessary due to the fact that the title
commitment was not completed by Stewart Title Co., until December 28, 1999, 60 days into the
inspection period; NOW THEREFORE
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 City Manager and the City Clerk of the City of Baytown to execute and attest to
an amendment to the earnest money contract with Lex Hochner, Jr., or his assigns for the private
sale of the Properties. A copy of said amendment is attached hereto, marked Exhibit "A," 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.
11
20000210 -1a
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 10th day of February, 2000.
1,c� to c &�
PETE C. ALFARO, Mayor
ATTEST:
a-4 �rw x): !p M t C —
GA W. SMITH, City Clerk
APPROVED AS TO FORM:
KAREN HORNER, Assistant City Attorney
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AMENDMENT
TO THE
EARNEST MONEY CONTRACT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
LEX HOCHNER, JR., OR HIS ASSIGNS
STATE OF TEXAS §
COUNTY OF HARRIS §
This Amendment to that certain Earnest Money Contract between the City of Baytown
and Lex Hochner, Jr., or his assigns, dated October 28, 1999, (the "Contract ") is made by and
between the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, on October 28, 1999, the City of Baytown (the "Seller ") approved an
earnest money contract with Lex Hochner, Jr., or his assigns (the "Buyer ") for the private sale of
the following properties:
(i) .5306 undivided interest in Tract 1 and Tract 12R, Abstract 66 W Scott totaling
approximately 19.9970 acres, Abstract 842 H Whiting;
(ii) .4694 undivided interest in Tract 12, totaling approximately 40.43 acres; Abstract
66 W Scott;
(iii) .4694 undivided interest in Tract 1 and Tract 12R; Abstract 66 W Scott, totaling
approximately 19.9970 acres; Abstract 842 H Whiting; and
(iv) .5306 undivided interest in Tract 12, totaling 40.43 acres; Abstract 66 W Scott,
Baytown, Harris County, Texas, previously foreclosed on by the City of Baytown for delinquent
ad valorem taxes (the "Property"); and
WHEREAS, the Buyer has requested a 21 -day extension of the time period during which
the he may perform inspections and feasibility studies; and
WHEREAS, the Buyer asserts that this request is necessary due to the fact that the title
commitment was not completed by Stewart Title Co., until December 28, 1999, 60 days into the
inspection period;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the parties hereto do hereby mutually agree as follows:
Amendment to the Earnest. Money Contract, Page 1
P;
® I.
Unless a different meaning clearly appears from the context, words and phrases as used
in this Amendment shall have the same meanings as in the Contract.
II.
The subparagraph (b) of paragraph 7 is hereby amended to read as follows:
INSPECTIONS AND FEASIBILITY STUDIES: Within 111 days after the
Effective date of this contract, Buyer at Buyer's expense may complete or cause
to be completed inspections of the Property (including any improvements) by
inspectors of Buyer's choice. Inspections my include but are not limited to (i)
physical property inspections; (ii) economic feasibility studies; and (iii) any type
of environmental assessment or engineering study, including the performance of
tests such as soils tests or air sampling. Seller shall permit Buyer and Buyer's
inspectors access to the property at reasonable times. If Buyer determines in
Buyer's sole judgment, that the Property is not suitable for any reason for Buyer's
intended use or is not in satisfactory condition, then Buyer may terminate this
contract by providing written notice of termination and copies of all reports of
inspections, studies or assessments completed or caused to be completed by Buyer
under this paragraph to Seller within the time required to complete the
inspections, studies or assessments under this paragraph, and the Earnest Money
shall be refunded to Buyer less the sum of $100.00 to be retained by Seller as
independent consideration for Buyer's right to terminate under this paragraph. If
Buyer does not terminate this contract within the time required any objections
with respect to the inspections, studies and assessments under this paragraph shall
be deemed waived by Buyer. If this contract does not close through no fault of
Seller, Buyer shall restore the property to its original condition if altered due to
inspections, studies or assessments completed by Buyer or Buyer's inspectors.
III.
The provisions of this Amendment and the provisions of the Contract should be read
together and construed as one agreement provided that, in the event of any conflict or
inconsistency between the provisions of this Amendment and the provisions of the Contract, 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 amendment, this 10`h day of February, 2000.
Amendment to the Earnest Money Contract, Page 2
v
v
SELLER: CITY OF BAYTOWN
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
MONTE MERCER, City Manager
BUYER
By:
LEX H CHNER, JR., or h assigns
APPROVED AS TO FORM::
MILLER H. WALSH, Buyer's attorney
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Amendment to the Earnest Money Contract, Page 3