Ordinance No. 10,352 ORDINANCE NO. 10,352
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CONSENTING TO THE ASSIGNMENT OF THE AGREEMENT FOR
REPAIRS WITH A&K INVESTMENTS 1, INC., TO BOBBY ROOD AND
SANDRA L. ROOD; CONSENTING TO THE ASSIGNMENT OF THE
AGREEMENT FOR REPAIRS WITH WOODBRIDGE PROPERTIES, LLC, TO
BOBBY ROOD AND SANDRA L. ROOD; 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 consents to the
assignment of the Agreement for Repairs with A&K Investments 1,Inc.,to Bobby Rood and Sandra
L. Rood; and authorizes the City Manager to execute and the City Clerk to attest to the Assignment
of Agreement for Repairs and Cash Bond,which is attached hereto as Exhibit"A"and incorporated
herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown,Texas,hereby consents to the
assignment of the Agreement for Repairs with Woodbridge Properties, LLC, to Bobby Rood and
Sandra L. Rood; and authorizes the City Manager to execute and the City Clerk to attest to the
Assignment of Agreement for Repairs and Cash Bond,which is attached hereto as Exhibit`B"and
incorporated herein for all intents and purposes.
Section 3: This ordinance shall take effect immediately fro and after its passage by the
City Council of the City of Baytown.
t
INTRODUCED,READ and PASSED by the affirmativ vote of the City Council of the City
of Baytown this the 22nd day of June, 2006.
S EP14ZN FtbONCARLOS, May r
T:V
LORRI OD City Clerk
APPROVED AS O FORM:
I:fG--NACIO RAMIREZ, SR., & Attorney
R:`1Caren'Files\City Councill0rdinances\20061Apri1 271AuthorizeContract4FirefighterMemorial.doc
ASSIGNMENT OF AGREEMENT FOR REPAIRS
AND
CASH BOND
This Assignment of Agreement for Repairs and Cash Bond (this "Assignment") is made
this 3 day of May, 2006, by and among the City of Baytown, a municipal corporation located
in Harris and Chambers Counties, Texas (the "City"), A&K INVESTMENTS 1, INC., a Texas
corporation, and BOBBY ROOD and SANDRA L. ROOD.
WHEREAS, A&K INVESTMENTS 1, INC., entered into an
AGREEMENT FOR REPAIRS (hereinafter referred to as the "AGREEMENT") a
copy of which is attached hereto and made a part hereof for all purposes, with the
CITY OF BAYTOWN, a Texas municipal corporation located in Harris County
and Chambers Counties, Texas, regarding the repair and rehabilitation of the real
property and strictures located thereon, located at 2300 Taft Circle, Baytown,
Harris County, Texas (hereinafter referred to as the "PROPERTY"). and being
further and more fully described as follows:
TR 8G (016*TR 17B PHASE I) (051*TR 73A-1) ABST 118 W
BRITTON, BAYTOWN, HARRIS COUNTY, TEXAS; and
WHEREAS, A&K INVESTMENTS 1, INC., in conformity with the
AGREEMENT. deposited FIFTY THOUSAND AND NO/100 DOLLARS
(S50,000.00) with the CITY OF BAYTOWN, to serve as a cash bond for the
purpose of ensuring payment of a portion of the expenses associated with
demolition of the structure should A&K INVESTMENTS 1, INC., fail to fully
perform all obligations expressed therein in accordance with the terms and
conditions of the AGREEMENT; and
WHEREAS, the AGREEMENT states that A&K INVESTMENTS 1,
INC., may not assign the AGREEMENT in whole or in part without the prior
written consent of the City. Further, if the AGREEMENT is assigned, with
consent of the City, the AGREEMENT specifies that A&K INVESTMENTS 1,
INTC.. in the event of sale or transfer of any sort, shall secure a written agreement
prior to closing any transaction involving the transfer of all or part of the
premises, stating that the new owner or purchaser understands and accepts the
terns of the Demolition Order and the Agreement. A&K INVESTMENTS 1,
INC. shall furnish the City a copy of the written document within five (5) days of
the transfer; and
WHEREAS, A&K INVESTMENTS 1. INC., desires to convey, sell and
transfer the PROPERTY to BOBBY ROOD and SANDRA L. ROOD, and
WHEREAS. BOBBY ROOD and SANDRA L. ROOD desire to buy and
purchase the PROPERTY; and
EXHIBIT A
WHEREAS, BOBBY ROOD and SANDRA L. ROOD by executing the
Assignment hereby acknowledge that they understand and accept the terms of the
Demolition Order and the AGREEMENT;
NOW, THEREFORE, in consideration of the foregoing and in consideration of the
mutual promises, covenants and agreements herein contained, which consideration is hereby
acknowledged and received as good and valuable consideration, and the parties agree hereto as
follows:
I.
Assignment and Assumption
NOW THEREFORE, for good and valuable consideration paid BY BOBBY ROOD and
SANDRA L. ROOD to A&K INVESTMENTS 1. INC.. A&K INVESTMENTS 1, INC., hereby
assigns, and BOBBY ROOD and SANDRA L. ROOD hereby agree that they understand and
accept the terms of the Demolition Order and the AGREEMENT. Further, A&K
INVESTMENTS 1, INC., hereby assigns, to BOBBY ROOD and SANDRA L. ROOD any and
all rights, privileges and duties pursuant to the AGREEMENT as to the FIFTY THOUSAND
AND NO/100 DOLLARS (S50,000.00) cash bond which was deposited with the CITY OF
BAYTOWN.
II.
Consent
Subject to the conditions listed herein, the City hereby consents to the assignment of all
of A&K INVESTMENTS 1, INC.'s rights and obligations under the Agreement to BOBBY
ROOD and SANDRA L. ROOD and the assumption of such rights and obligations by BOBBY
ROOD and SANDRA L. ROOD. jointly and severally. It is expressly agreed that the consent
given in this article is subject to the following terms and conditions:
(a) The City shall have the authority to collect any amounts due and owing to the
City, which may have arisen prior to the effective date of this Assignment from
BOBBY ROOD and SANDRA L. ROOD,jointly and severally;
(b) The City shall have the authority to, and shall not be deemed to have waived the
right to, pursue and/or resolve any and all outstanding matters, including, but not
limited to, any breach of contract concerns.. with BOBBY ROOD and SANDRA
L. ROOD,jointly and severally;
(c) The City shall have the authority to require strict compliance with any and all
terms of the AGREEMENT;
(d) BOBBY ROOD and SANDRA L. ROOD, jointly and severally shall assume all
obligations and liabilities under the Agreement accruing prior to and after the date
of the effective date of this Assignment;
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(e) BOBBY ROOD and SANDRA L. ROOD,jointly and severally, or any person or
entity acting by. through, or on behalf of BOBBY ROOD and/or SANDRA L.
ROOD shall not contest the City's authority to impose these additional conditions
on the consent granted herein.
III.
No Expansion of Rights
Notwithstanding any language in the AGREEMENT or this Assignment to the contrary,
the City's consent granted herein shall not be deemed to expand the rights and privileges
specified in the AGREEMENT and originally granted to A&K INVESTMENTS 1, INC.
IV.
Notice
All notices required to be given under this Assignment or the Agreement shall be given in
writing either by telecopier, overnight, or facsimile transmission, certified or registered mail at
the respective addresses designated hereinbelow or at such other address as may be designated in
writing by BOBBY ROOD. SANDRA L. ROOD or the City. Notice given by mail shall be
deemed given three (3) days after the date of mailing thereof to the following addresses:
BOBBY ROOD and SANDRA L. ROOD
219 Marshall #214
Houston,TX 77006
Phone: (713) 807-7137
Fax: (713) 874-0823
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Fax: (281) 420-6586
V.
Further Assurances
A&K INVESTMENTS 1. INC.. BOBBY ROOD and/or SANDRA L. ROOD. and the
City shall execute such additional agreements as may be reasonably necessary in the option of
the City to reflect the foregoing assignment, assumption, and consent among the parties hereto.
VI.
Severabilitv
All parties agree that should any provision of this Assignment be determined to be invalid
or unenforceable, such determination shall not affect any other term of this Assignment or the
Agreement, which shall continue in full force and effect.
VH.
Ambiguities
In the event of any ambiguity in any of the terms of this Assignment or the Agreement, it
shall not be construed for or against any party hereto on the basis that such party did or did not
author the same.
VIII.
Agreement Read
The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Assignment.
IX.
Authoritv
The officers executing this Agreement on behalf of the parties hereby represent that such
officers 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 Assignment on the day of May. 2006, the date of execution by the City
Manager of the City of Baytown.
ASSIGNOR:
A&K INVESTMENTS 1, INC.
PI-FRE—DI ANTONINI.President
4
ASSIGNEE:
/P4
ZB6B Y ROOD
RA L. ROOD
CITY OF BAYTOWN:
BY:
ITS:
ATTEST:
LORRI COODY, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR.
CITY ATTORNEY
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STATE OF TEXAS §
§
COUNTY OF HARRIS §
Before me, the undersigned notary public, on this day personally appeared ALFRED J.
ANTONINI, President of A&K INVESTMENTS 1, INC., in its 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 /,�r day of tj.P 2006.
JEFFERY W.LAIRD A �---
• MY COMMISSION EXPIRES: S _
a JANUARY 16,2007 Notary Publ' In and for the
_ State of Texas
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, the undersigned notary public, on this day personally appeared BOBBY
ROOD and SANDRA L. ROOD, as Purchasers of the Property, known to me to be the persons
whose names are subscribed to the foregoing instrument and acknowledged to me that they
executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this ki,' Iday of J�I-L e 2006.
Notary Public ih and ror the
State of Texas
\\Cobsrv2\police\Users\Daniel Jackson\Taft Circle\A&K Investments I Documents\.AssignmentofAgreement4AKlnvestments)Inc FINAL 05 04
2006.Jac
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ASSIGNMENT OF AGREEMENT FOR REPAIRS
AIND
CASH BOND
This Assignment of Agreement for Repairs and Cash Bond (this "Assignment") is made
this 1 day of May, 2006, by and among the City of Baytown; a municipal corporation
located in Harris and Chambers Counties, Texas (the "City"), WOODBRIDGE PROPERTIES,
LLC, a Texas limited liability company, and BOBBY ROOD and SANDRA L.ROOD.
uTiEREAS, WOODBRIDGE PROPERTIES, LLC uttered into an
AGREEMENT FOR REPAIRS (hereinafter referred to as the "AGREEMENT")
a copy of which is attached hereto and made a part hereof for all purposes, with
the CITY OF BAYTO`'hN, a Texas municipal corporation located in Harris
County and Chambers Counties, Texas, regarding the repair and rehabilitation of
the real property and structures located thereon, located at 2300 Taft Circle,
Baytown, Harris County, Texas (hereinafter referred to as the "PROPERTY"),
and being further and more fully described as follows;
TR 8K (016*TR 17B PHASE Il) (051*TR 73A-2) ABST 118 W
BRITTON, BAYTOWN,HARRIS COUNTY, TEXAS; and
WHEREAS, WOODBRIDGE PROPERTIES, LLC, in conformity with
the AGREEMENT deposited FIFTY THOUSAND AND N01100 DOLLARS
($50,000,00) with the CITY OF BAYTO'N, to serve as a cash bond for the
purpose of ensuring payment of a portion of the expenses associated with
demolition of the structure should WOODBRIDGE PROPERTIES, LLC fail to
fully perform all obligations expressed therein in accordance with the terms and
conditions of the AGREEMENT; and
WHEREAS, the AGREEMENT states that WOODBRIDGE
PROPERTIES, LLC may not assign the AGREEMENT in whole or in part
without the prior written consent of the City. Further, if the AGREEMENT is
assigned, with consent of the City, the AGREEMENT specifies that
WOODBRIDGE PROPERTIES, LLC, in the event of sale or transfer of any sort,
shall secure a written agreement prior to closing any transaction involving the
transfer of all or part of the premises; stating that the new owner or purchaser
understands and accepts the terms of the Demolition Order and the Agreement.
WOODBRIDGE PROPERTIES, LLC shall famish the City a copy of the written
document within fine (5) days of the transfer; and
ANTHEREAS, WOODBRIDGE PROPERTIES, LLC desires to convey, sell
and transfer the PROPERTY to BOBBY ROOD and SANDRA L. ROOD; and
WHEREAS, BOBBY ROOD and SANDRA L. ROOD desire to buy and
purchase the PROPERTY; and
EXW B
NAY, 4, 20�)6 6: 19FM rIDFLI-Y NATIONAL TITLE N0. 15530 P. 1,7
WHEREAS, BOBBY ROOD and SANDRA L. ROOD by executing the
Assignment hereby acknowledge that they understand and accept the tenns of the
Demolition Order and the AGREEMENT;
NOW, THEREFORE, in consideration of the foregoing and in consideration of the
mutual promises, covenants and agreements herein contained, which consideration is hereby
acknowledged and received as good and valuable consideration, and the parties agree hereto as
follows:
I.
Assignment and Assumption
NOW THEREFORE, for good and valuable consideration paid by BOBBY ROOD and
SANDRA L. ROOD to WOODBRIDGE PROPERTIES, LLC, WOODBRIDGE PROPERTIES,
L-LC hereby assigns, aad BOBBY ROOD and SANDRA L, ROOD hereby agree that they
understand and accept the terms of the Demolition Order and the AGREEMENT. Further,
WOODBRIDGE PROPERTIES, LLC, hereby assigns, to BOBBY ROOD and SANDRA L.
ROOD any and all rights, privileges and duties pursuant to the AGREEMENT as to the FIFTY
THOUSAND AND N0/100 DOLLARS (S50,000.00) cash bond which was deposited vMh the
CITY OF BAYTOWN.
II.
Consent
Subject to the conditions listed herein, the City hereby consents to the assignment of all
of WOODBRIDGE PROPERTIES, LLUS rights and obligations under the Agreement to
BOBBY ROOD and SANDRA L. ROOD and the assumption of such rights and obligations by
BOBBY ROOD and SANDRA L. ROOD,jointly and severally. It is expressly agreed that the
consent given in this article is subject to the following terms and conditions:
(a) The City shall have the authority to collect any amounts due and owing to the
City, -xvhich may have arisen prior to the effective date of this Assignment from
BOBBY ROOD and SANDRA L.ROOD,jointly and severally;
(b) The City shall have the authority to, and shall not be deemed to have waived the
right to, pursue and/or resolve any and all outstanding matters, including, but not
limited to. any breach of contract concerns, with BOBBY ROOD and SANDRA
L.ROOD,jointly and severally;
(c) The City shall have the authority to require strict compliance with any and all
terms of the AGREEMENT;
(d) BOBBY ROOD and SANDRA L. ROOD,jointly and severally shall assume all
obligations and liabilities under the Agreement accruing prior to and after the date
of the effective date of this Assignment;
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MI 14 v. 4, 2006 6 19'� F_� L.TY N;-'ONA'_ 17L= NO. 558) % 7
(e) BOBBY ROOD and SANDRA L. ROOD,jointly and severally, or any person or
entity acting by, through, or on behalf of BOBBY ROOD and/or SANDRA L.
ROOD shall not contest the City's authority to impose these additional conditions
on the consent granted herein.
TII.
No Expansion of Rights
Notwithstanding any language in. the AGREEMENT or this Assignment to the contrary,
the City's consent granted herein shall not be deemed to expand the rights and ptiNileges
specified in the AGREEMENT and originally granted to WOODBRIDGE PROPERTIES, LLC.
IV.
Notice
All notices required to be given under this Assignnment or the Agreement shall be given in
writing either by telecopier, overnight, or facsimile transmission, certified or registered mail at
the respective addresses designated hereinbelow or at such other address as may be designated in
wilting by BOBBY ROOD, SANDRA L, ROOD or the City. Notice given by mail shall be
deemed liven three(3) days after the date of mailing thereof to the following addresses:
BOBBY ROOD and SANDRA L. ROOD
219 Marshall 4214
Houston,TX 77006
Phone: (713)807-7137
Fax: (713) 874-0823
CITY
City of B aytown
Attn: City'Manager
P.O.Box 424
Baytown,TX 77522
Fax: (281) 420-6586
V.
Further Assurances
WOODBRIDGE PROPERTIES; LLC, BOBBY ROOD and/or SANDRA L. ROOD, and
the City shall execute such additional agreements as may be reasonably necessary in the option
of the City to reflect the foregoing assignment, assumption, and consent among the parties
hereto.
WY. 4. 2006 6: 20F'r, :?gGLI TV %1" f0ual T Ti__ VC. 5580
Vi.
Severability
All parties agree that should any provision of this Assignment be determined to be invalid
or unenforceable, such determination shall not affect any other term of this Assignment or the
Agreement, which shall continue in full force and effect.
VTI.
Ambiguities
In the event of any ambiguity in any of the terms of this Assignment or the Agreement, it
shall not be construed for or against any party hereto on the basis that such party did or did not
author the same.
VHL
Agreement Read
The parties acknowledge that they have read. understand and intend to be bound by the
terms and conditions of this Assigxunent.
ix.
Authori
The officers executing this Agreement on behalf of the parties hereby represent that such
officers have full authority to execute this Agreement and to bind the parry he!she represents.
INT WITNIESS NNMREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemed to be an original,but aL of ,vhich shall constitute but one
and the same Assignment on the .3 f day of May, 2006, the date of execution by the City
Manager of the City of Baytown,
ASSIGNOR:
WOODBRIDGE PROPERTIES. LLC
NAN1 1K BMA IA,MAMA ER
4
MAY. 4. 2 00 6 6:2 0 P V F pal_i_TY �!- IONAL T T l N0. � 80 6;''1
ASSIGNEE:
bl�
BOBBY ROO
SANDRA L, ROOD
CITY OF BAYTOWN:
BY:
ITS:
ATTEST:
LORRI COODY, City Clerk
A..PPROVED AS TO FORM:
IGNACIO RAIvIIREZ, SR.
CITY ATTORNEY
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, the undersigned notary public, on this day personally appeared NANIK
BHAGIA, Manager of WOODBRIDGE PROPERTIES, LLC. in its capacity as Owner of the
Property, 1criown 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 XND SWORN before mm this-�- day of ! 2006.
I �
JESSICA BERRY Nota71y/8ublic in and,for the
Notary Public
Stole of Texas State of Texas `
My Commission Expires
t April 29, 2007 `
2i1GE c:[QFM F:uE'_?TY —iONRI i? I _ Nu. 5580 F. 1;'1
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, the undersigned notary public, on this day personally appeared BOBBY
ROOD and SANDRA L. ROOD, as Purchasers of the Property, knoN;m to me to be the persons
whose names are subscribed to +lie foregoing instrument and acknowledged to me that they
executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me.this_LZ�ay of 2006.
Notary PtbVc ' and for the
State df Texas
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