Ordinance No. 12,375ORDINANCE NO. 12,375
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING EARNEST MONEY CONTRACTS WITH ALBERTO GARCIA AND
MARIO GARCIA, FOR THE PURCHASE OF PROPERTY FOR A MUNICIPAL
PURPOSE; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH
PROPERTY IN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED
SEVENTY -THREE THOUSAND FIVE HUNDRED SIXTY -TWO AND NO /100
DOLLARS ($1,173,562.00); 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 l: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to execute an Earnest Money Contract with Alberto Garcia for the purchase of property for a
municipal purpose. Said contract 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 authorizes payment of a purchase price
for the property subject to the agreement authorized in Section 1 hereof in an amount not to EXCEED FIVE
HUNDRED SIXTY -NINE THOUSAND SEVEN HUNDRED FIVE AND NO /100 DOLLARS
($569,705.00).
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 Alberto
Garcia to such decrease unless otherwise provided for in the contract authorized in Section 1 hereinabove.
Section 4: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to execute an Earnest Money Contract with Mario Garcia for the purchase of property for a
municipal purpose. Said contract is attached hereto as Exhibit "B" and incorporated herein for all intents and
purposes.
Section 5: That the City Council of the City of Baytown authorizes payment of a purchase price
for the property subject to the agreement authorized in Section 1 hereof in an amount not to exceed SIX
HUNDRED THREE THOUSAND EIGHT HUNDRED FIFTY -SEVEN AND NO /100 DOLLARS
($603,857.00).
Section 6: 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
($50,000.00) or less, provided that the amount stated in Section 5 hereof may not be increased by more than
twenty-five percent (25 %) or decreased by more than twenty-five percent (25 %) without the consent of Mario
Garcia to such decrease unless otherwise provided for in the contract authorized in Section 4 hereinabove.
Section 7: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
y INTRODUCED, READ and PASSED by the affirmative vp(e`f the City Council of the City of
Baytown this the I" day of October, 2013.
ST$PAEITTrDONCARLOS, Mayor
ATTEST:
L ICIA BRYSCH, City leri
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., CifyAttomey
k: C mnTiles\City Counc&Ordinanc UUU \October I\FimenMoneyCOnmdeithGarcieedoc
Exhibit "A"
EARNEST MONEY CONTRACT
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This Earnest Money Contract is made and entered into this _ day of . 2013,
by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers
Counties, Texas, hereinafter known as the "Buyer," and the Alberto Garcia, hereinafter known as the
"Seller."
L
IN GENERAL
Subject to Article II hereof, the Seller agrees to sell and convey to Buyer and Buyer agrees to buy
from Seller the property described below.
EL
CONTINGENCY
This Agreement and the Buyer's obligations herein are expressly contingent upon the following:
1. an inspection report satisfactory to the Buyer,
2. an environmental site assessment satisfactory to the Buyer,
3. the acquisition of the adjacent property off of E. Wallisville Road to the west of the
Property, which adjacent property is depicted in Exhibit "B" and legally described as Tr
8A -1, Abstract 21, G Ellis Survey, Harris County, Texas ( "Adjacent Property"), and
4. the dedication to the Buyer of a 1,830' x 30' strip of land off of E. Wallisville Road to
the east of the Property, which strip is depicted In Exhibit "C" and legally described as a
portion of Tr 8A -3, Abstract 21, G Ellis Survey, Harris County, Texas, and
S. the City Council's approval of this Agreement.
Exhibits "B" and "C" are Incorporated herein by this reference for all intents and purposes.
III.
PROPERTY
The property subject to this Agreement is that property described as Tr 8A -2, Abstract 21, G Ellis
Survey, Harris County, Texas, and depicted in Exhibit "A," which is attached hereto and incorporated
herein for all intents and purposes, and hereinafter referred to as the "Property."
IV.
SALES PRICE
The sales price of the above- referenced property shall be (i) THIRTY -THREE THOUSAND
AND N0 1100 DOLLARS ($33,000.00) per acre or (il) the fair market value of the Property based upon
an appraisal obtained by the Buyer, whichever is less, hereinafter "Sales Price," which sum shall be paid
in full at closing on the Property. If the Property Is appraised at less than $33,000 per acre based upon the
appraisal obtained by the Buyer, Seller has the option of cancelling the contract if the Seller sends written
notice to Buyer of such cancellation within five (5) calendar days after receipt of the appraisal.
V.
EARNEST MONEY
Buyer shall deposit ONE THOUSAND AND N0 1100 DOLLARS ($1,000.00) as earnest money
with Great American Title CompanN as Escrow Agent, upon execution of this Agreement by both parties.
VI.
TITLE POLICY AND SURVEY
Seller shall obtain at Buyer's sole cost and expense an Owner Policy of Title Insurance (the "Title
Policy") issued by Great American Title Company, located at 4505 N. Main Street, Baytown, TX 77521
(" 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 Agreement 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 Agreement, 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 wail 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 (IS) days. Buyer shall have ten (10) 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.
Eamest Money Contract. Page 2
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 Seller. 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 on 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) show 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 Schedule of the
Commitment shall not be deemed to have been waived. If objections are made by Buyer, 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 Agreement shall
terminate and the Earnest Money shall be refunded to Buyer, unless Buyer elects to waive the objections.
VII.
CLOSING
The closing of the sale shall be on or before the 31" day of October, 2013, or within seven (7)
days after (i) receipt of the appraisal as contemplated in Article IV hereinabove and (ii) objections to title,
inspection report, environmental assessment and/or 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 Closing Date
herein specified, the non - defaulting party shall be entitled to exercise any remedies contained in Article
XII hereof. At closing, Seller shall furnish tax statements or certificates showing no delinquent taxes are
due and owing on the Property, and Seller shall tender a General Warranty Deed conveying good and
indefeasible title showing no additional exceptions, other than those not objected to by Buyer or waived
by Buyer pursuant to Article VI hereof.
VIII.
POSSESSION
The possession of the Property shall be delivered to Buyer at closing.
IX.
SALES EXPENSES
The following expenses shall be paid at or prior to closing:
A. Buyer shall be responsible for the expenses associated with the appraisal; environmental
assessments; preparation of deed; escrow fee; and other expenses stipulated to be paid by
Buyer under other provisions of this Agreement.
Earnest Money CContract. Page 3
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; taxes assessed prior to January 1, 2013; Title Insurance; tax statements or
certificates; and other expenses stipulated to be paid by Seller under other provisions of
this Agreement.
X
PRORATIONS
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.
XL
CHARGES DUE TO SELLER'S CHANGE IN USE
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.
XD.
DEFAULT
If Buyer fails to comply with this Agreement, 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 Agreement and receive the Earnest Money as liquidated damages, thereby releasing both parties from
this Agreement. If Seller is unable without fault to deliver the Commitment within the time allowed,
Buyer may either terminate this Agreement 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 Agreement 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 Agreement, receive the Earnest Money, and seek such
other relief as may be provided by law, thereby releasing both parties to this Agreement.
XIIL
ESCROW
The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent is
not (a) a party to this Agreement and does not have any liability for the performance or non - performance
of any party to this Agreement, (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 Agreement 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
Earnest Money Contract. Page 4
closing the Earnest Money shall be refunded to Buyer. Demands and notices required by this paragraph
shah 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 there will be no liens, assessments, or Uniform
Commercial Cade or other security Interests against any of the Property which will not be satisfied out of
the Sales Price, other than ad valorem taxes. If any representation in this Agreement Is untrue on the
Closing Date, this Agreement may be terminated by Buyer and the Earnest Money shall be refunded to
Buyer. All representations contained in this Agreement shall survive the closing.
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 prior 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. It is expressly understood and agreed that this provision shall only apply to the Property as
defined in Article III.
XVL
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 time (3) days after the date of mailing thereof to the following addresses:
SELLER
Alberto Garcia
4600 Lariat Drive
Baytown, TX 77521 -2547
BUYk?R
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
XVIL
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
Earnest Money co ntract. Page 5
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.
XVIII.
USE
The intended use of the Property by Buyer Is for municipal purposes. If Buyer ascertains that
applicable zoning ordinances, easements, restrictions or governmental laws, rules or regulations prevent
such intended uses, and Buyer notifies Seller within thirty (30) days after the effective date of this
Agreement (but in all events at least seven M days prior to closing) of Buyer's inability to use the
property as herein proposed, the Agreement 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.
XDL
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.
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
Eareest Money Contract. Page 6
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 for complete relief
to be recorded in the arbitration proceeding.
XXIII.
COMPLETE AGREEMENT
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.
XXIV.
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.
XXV.
EXPIRATION
This Contract shall expire if not signed by the Seller on or before the 13'h day of September,
2013.
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 , 2013, the date of execution by the Seller.
SELLER:
41� P/� C c. rc,tG l'/
AL13ERTO GARCIA
BUYER: CITY OF BAYTOWN, TEXAS
ROBERT D. LEIPER, City Manager
ATTEST: X X y 1
5'ELLE i— SSE I LL L) F 7'J—J E
i1 %ItJ 1. 2�L s-rAT: OWNED 4 5L -LLCZ
r
LETICIA BRYSCH, City Clerk I,
G
Earnest Money Contract. Page 7
APPROVED AS TO FORM:
ACID RAMIREZ, SR., City Atto
STATE OF TEXAS
COUNTY OF HARRIS § ,
Before me, , 4 1 C(Ct the undersigned notary public, on this
day personally appeared ALBERTO GA CIA, the owner of the above - described 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 Z0 iay of tlt 2013.
CYNDI CARROLL
Matory public. Stole of Texos
My Commission Expires
Apill 16, 2017
Public in and for the Slate of Texas
R:%wenXFi1es%Contracts1911 Center Earnest Money ContmdTamestMoneyContract- AlbertoGnrcia doc
Earnest Money Contract. Page 8
�� S
. +, `. -- -
�:isi _,_A......r ..d. -�Y..� ,5�1 . =Y; SAD- O..`r�- !,�ti�..�
1 .r.
`�..
ilC;i.•..4'�i�ilir . f.,�t•
v .. , i ••'•t •.
Exhibit "A"
lk '
s*
9 +'fir „'�
� c
j ;,`�
�.,.�>.
,,.-•
µ•�14f♦.KYJ!
Z®rg -0141
,^ •'
I, i �1 `
le:i
�n
r
FJ � )
YY
111'✓J
�
�jci ��j
,L1 ✓ltRl.'t�R1 l ����ti �,�1
�{1y
f J
.���
i�
"•�
c� t 1.
"' a
CY .M•µ"P.)h'��rY
rv�i1,
9'Y�i' Y�a \�� IF�1.
l
I
�
1
1
_ t
l'
W
' i
, �'^'1+'p'�.i
r>4)
� F i"A �d
� , >.5•,�.
I�Y �}�'�A S
1 J
i'-
� 1
� i 1
si
1 t�J' 1 1 "
envJ y,lrR
li I)�
I�,i 4�
', t• � )k° 7�
��' 4
�A
^a,. x
L,,w
��
�"� i�11Yi•"�;
�'�1`F
{�������C.MM1�F
�
-
S'
). x 11 {M
�j
1••11 X5`'1
Y�1
%I
Myer
(yJ'�Yki ApIR`J
\M1'�' �
r�`4
,`(}j' ��•' 4�ifi,
{
,�A
��f.i� '�
.'_] 1�1) 1�
s7 �
1111., . ,'
s • ..
?�' H1 Y
i Y� ��
o
Exhibit "B"
Exhibit" "
Exhibit T"
EARNEST MONEY CONTRACT
STATE OF TEXAS
COUNTY OF HARRIS
This Earnest Money Contract is made and entered into this _ day of . 2013,
by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers
Counties, Texas, hereinafter known as the "Buyer," and the Mario Garcia, hereinafter known as the
"Seller."
L
IN GENERAL
Subject to Article 11 hereof, the Seller agrees to sell and convey to Buyer and Buyer agrees to buy
from Seller the property described below.
IL
CONTINGENCY
This Agreement and the Buyer's obligations herein are expressly contingent upon the following:
1. an inspection report satisfactory to the Buyer,
2. an environmental site assessment satisfactory to the Buyer,
3. the acquisition of the adjacent property off of E. Wallisviile Road to the east of the
Property, which adjacent property is depicted In Exhibit "B" and legally described as Tr
8A -2, Abstract 21, G Ellis Survey, Harris County, Texas ( "Adjacent Property"), and
4. the dedication to the Buyer of a 1,830' x 30' strip of land off of E. Wallisville Road to
the east of the Adjacent Property, which strip is depicted in Exhibit "C" and legally
described as a portion of Tr 8A -3, Abstract 21, G Ellis Survey, Harris County, Texas, and
5. the City Council's approval of this Agreement.
Exhibits "B" and "C" are incorporated herein by this reference for all intents and purposes.
III.
PROPERTY
The property subject to this Agreement is that property described as Tr 8A -1, Abstract 21, G Ellis
Survey, Harris County, Texas, and depicted in Exhibit "A," which is attached hereto and incorporated
herein for all intents and purposes, and hereinafter referred to as the "Property."
Iv.
SALES PRICE
The sales price of the above - referenced property shall be (I) THIRTY -THREE THOUSAND
AND NO /100 DOLLARS ($33,000.00) per acre or (ii) the fair market value of the Property based upon
an appraisal obtained by the Buyer, whichever is less, hereinafter "Sales Price," which sum shall be paid
In full at closing on the Property. if the Property is appraised at less than $33,000 per acre based upon the
Eamest Money a Page 1
appraisal obtained by the Buyer, Seller has the option of cancelling the contract if the Seller sends written
notice to Buyer of such cancellation within five (5) calendar days after receipt of the appraisal.
V.
EARNEST MONEY
Buyer shall deposit ONE THOUSAND AND NOA 00 DOLLARS ($1,000.00) as earnest money
with Great American Title Company, as Escrow Agent, upon execution of this Agreement by both parties.
VI.
TITLE POLICY AND SURVEY
Seller shall obtain at Buyer's sole cost and expense an Owner Policy of Title Insurance (the "Title
Policy") issued by Great American Title Company, located at 4505 N. Main Street, Baytown, TX 77521
("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 Agreement 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 Agreement, 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 ten (10) 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 Seller. 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 on the ground with the comers 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
Ramest Money Contract. Page 2
information; (e) show 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 Schedule of the
Commitment shall not be deemed to have been waived. If objections are made by Buyer, 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 Agreement shall
terminate and the Earnest Money shall be refunded to Buyer, unless Buyer elects to waive the objections.
VII.
CLOSING
The closing of the sale shall be on or before the 31" day of October, 2013, or within seven (7)
days after (i) receipt of the appraisal as contemplated in Article IV hereinabove and (ii) objections to title,
inspection report, environmental assessment and/or 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 Closing Date
herein specified, the non-defaulting party shall be entitled to exercise any remedies contained in Article
X11 hereof At closing, Seller shall furnish tax statements or certificates showing no delinquent taxes are
due and owing on the Property, and Seller shall tender a General Warranty Deed conveying good and
Indefeasible title showing no additional exceptions, other than those not objected to by Buyer or waived
by Buyer pursuant to Article VI hereof.
VIII.
POSSESSION
The possession of the Property shall be delivered to Buyer at closing.
DC.
SALES EXPENSES
The following expenses shall be paid at or prior to closing:
A. Buyer shall be responsible for the expenses associated with the appraisal; environmental
assessments; preparation of deed; escrow fee; and other expenses stipulated to be paid by
Buyer under other provisions of this Agreement.
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; taxes assessed prior to January 1, 2013; Title Insurance; tax statements or
certificates; and other expenses stipulated to be paid by Seller under other provisions of
this Agreement.
Earn Mong Contract. Page 3
X.
PRORATIONS
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.
XI.
CHARGES DUE TO SELLER'S CHANGE IN USE
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.
XIL
DEFAULT
If Buyer fails to comply with this Agreement, 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 Agreement and receive the Earnest Money as liquidated damages, thereby releasing both parties from
this Agreement. If Seller is unable without fault to deliver the Commitment within the time allowed,
Buyer may either terminate this Agreement 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 Agreement 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 Agreement, receive the Earnest Money, and seek such
other relief as may be provided by law, thereby releasing both parties to this Agreement.
XIII.
ESCROW
The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent is
not (a) a party to this Agreement and does not have any liability for the performance or non - performance
of any party to this Agreement, (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 Agreement 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 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.
Earnest Money Contract. Page 4
XIV.
REPRESENTATIONS
Seller represents that as of the Closing Date 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, other than ad valorem taxes. If any representation in this Agreement is untrue on the
Closing Date, this Agreement may be terminated by Buyer and the Earnest Money shall be refunded to
Buyer. All representations contained in this Agreement shall survive the closing.
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 prior 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. It is expressly understood and agreed that this provision shall only apply to the Property as
defined in Article III.
XVL
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
Mario Garcia
4600 Lariat Drive
Baytown, TX 77521 -2547
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 require the filing of written reports if cash in excess
of specified amounts is received in the transaction.
Eamest Money Contract. Page 5
XVUL
USE
The intended use of the Property by Buyer is for municipal purposes. if Buyer ascertains that
applicable zoning ordinances, easements, restrictions or governmental laws, rules or regulations prevent
such intended uses, and Buyer notifies Seller within thirty (30) days after the effective date of this
Agreement (but in all events at least seven (7) days prior to closing) of Buyer's inability to use the
property as herein proposed, the Agreement 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.
XXL
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.
XXU.
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 for complete relief
to be recorded in the arbitration proceeding.
Earnest Money Contract. Page 6
XX1II.
COMPLETE AGREEMENT
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.
XXIV.
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.
XXV.
EXPIRATION
This Contract shall expire if not signed by the Seller on or before the 13`x' day of September,
2013.
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 , 2013, the date of execution by the Seller.
SELLER:
Gtr1G CI-YCie-
C
6
MARIO GARCIA
BUYER: CITY OF BAYTOWN, TEXAS
ROBERT D. LEIPER, City Manager
ATTEST: AAA I
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
c-TMACIO RAMIREZ, SR., C' y Attorney
Eamest Money Contract, Page 7
51^LLEIZ 1Z P, aLL u f= -T�L'
1111 LKAL �::S Wrc L)WNC -0 Al SELL &-,
/q, G. 1/-
STATE OF TEXAS
COUNTY OF HARRIS i
Before me, _ u) �j�( �,j �tl� , the undersigned notary public, on this
day personally appeared MARIO GARCIA, the owner of the above - described 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 expresse
SUBSCRIBED AND SWORN before me this -O y of ,E' ,? t1 �2? , 2013.
.►*' °' CYNDI CARROLL
k Notary Public. State of Texas
MY Commission Expires
April 16, 2017
62 1� I ,� '
A�1 to Public in and for the State of Texas
Z
RAKarenlFi1es%Conuucu19l I Center Earnest Moncy C0n1ract1l:arnes1NfoneyContmct - KlarioGarcia doc
Earnest Money Contract. Page 8
« _sic.<�.v..a�ty. «+.:a.we+.ocr.�
w.r:sacia...1
Exhibit "A"
a
C
f
{a
r.
1
1 r
a
f
{a
f
{a
r.
1
1 r
t.
t.
Z
n
zy,OR
pPIM
`y KllNG dp
}
P g��dd
yt
L 0
� �EGPNG 7.
�'
Zr _ 1G DRIVE"
III' ✓
an�ao oia7.... x
Z
iZ ONtl 03 Oi
1
o :NItlW N
� A
i Z 3 3 a g
x
jI
m
�Y
D
p
U
L
X
W
DLLVY]xxv D3 Allp
S11WIl Alw
41w11 Nlo
noz xmrn•La0
•n•aumx
pua6a�
` � �`'a�Wrtl c,'t .�� 1...
I.:
' �Na�
a
�ralaas
�: aO SM��tl3"
N
'.z
_ a