HomeMy WebLinkAboutPR 15246: SABINE PASS COMMUNITY/RECREATIONAL FACILITIESP. R. No. 15246
05/01/09 is
RESOLIITION NO.
A RESOLIITZON AS IT PERTAINS TO A PIIRCHASE
AGREEMENT FOR PROPERTY IN SABINE PASS FOR A
COMMIINITY CENTER AND ADJACENT RECREATIONAL
FACILITIES
WHEREAS, it is deemed in the best interests of the citizens to
authorize the City Manager to enter into a Purchase Agreement with
Dianne Jackson, individually and as the Executor of the Estate of
George Welch, for the purchase of Tract 128 and any other property
owned by the Estate of George Welch and inherited by Diane Jackson,
in Block 8, Range 5, in Sabine Pass as to build a community center
and adjacent recreational facilities for the citizens of Sabine
Pass, in substantially the same form as attached hereto as Exhibit
"A", with a purchase price of $
NOW THEREFORE, BE IT RESOLVED BY THE CITY COIINCIL OF THE CITY
OF PORT ARTHIIR:
Section 1. That the facts and opinions in the preamble
are true and correct.
Section 2. That the City Manager is herein authorized to
enter into a Purchase Agreement for Tract 128 and any other
property owned by the Estate of George Welch and inherited by Diane
Jackson, in Block S, Range 5, in Sabine Pass as to build a
community center and adjacent recreational facilities for the
citizens of Sabine Pass, in substantially the same form as attached
z.pi15246
hereto as Exhibit "A", with the City Attorney taking such action to
obtain or purchase said tract.
Section 3. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2009, at a Meeting of the City Council of
the City of Port Arthur, by the following vote: AYES:
Mayor
Councilmembers
NOES:
~1 ~~~
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
j'~GM ~~-...~
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
~~i~L Cam' /-~° L/
CITY MANAGER
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APPROVED AS TO THE AVAILABILITY OF FIINDS:
~~
ASSISTANT CITY MANAGER/FINANCE DIRECTOR
°~ ~
z.pr15246
EXHIBIT "A"
~~~
TEXAS ASSOCIATION OF REALTOILS®
COMMERCIAL CONTRACT -IMPROVED PROPERTY
USE OF THIS FORM BY PERSGNS "di0 A OTeO s P m~a ,Son o' R~`~ ~ I~G~~N OF REALTORSA IS NOT AUTHORREO.
rees to sell and conve to Bu er the Property described in Paragraph 2. Buyer agrees
1. PARTIES: Seller ag
to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contrac are.
Diane Jackson, Individually and as Executor of Estate of
Seller: eorge We c
Address: Fax:
Phone:
E-mail:
Buyer. City of Port Arthur
Address: Fax:
Phone:
E-mail:
2. PROPERTY: Jefferson County, Texas at
A. "Property" means that real property situated in
or as follows:
(address) and that is legally described on the attached Exhibit Estate of George
Tract 128 and any other property owned by
Welch in Block 8, Range 5 of the Town of Sabine Pass, as well as
any property inherited by Diane Jackson therein
B. Seller will sell and convey the Property together with:
(1) all buildings, improvements, urtenances pertaining to the Property, including Seller's right, title, and
(2) all rights, privileges, and app ores, and rights-of-way;
interest in any minerals, utilities, adjacent streets, alleys, strips, g
(3) Sellers interest in all leases, rents, and security deposits for all or part of the Property;
(4) Seller's interest in all licenses and permits related to the Property;
(5) Seller's interest in all third party warranties or guaranties, if transferable, relating to the Property or
any fixtures',
(6) Seller's interest in any trade names, if transferable, used in conn?hat s ulsed nPcoPnection with the
(7) all Sellers tangible personal property located on the Property
Property's operations except:
rah 12 or an addendum.)
(Describe any exceptions, reservations, or restrictions in Pang P
(If the Property is a condominium, attach condominium addendum.)
3. SALES PRICE: At or before closing, Buyer will pay the following sales price for the Property.
.............
A. Cash portion payable by Buyer at closing ........... .
B. Sum of all financing described in Paragraph $
......-....
C. Sales price (sum of 3A and 38) ....... - page 1 of 13
and Seller _ . ---
(TAR-1801) 10-18-05 Initialed for Identification by Buyer _. -
.....-_.- zfx
LOU RICHARD'S REALTY 440E 3RD ST., PORT ARTHUR ~,ou Rohard . _,... _:_~ __~_ ---
Phane-409-982-1101 ...._..-_• ~--
Commercial Contract -Improved Property concerning
4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3B as follows: This
f~ A. Third Party Financing: One or more third party loans in the total amount of $
contract: financing.
^ (1) is not contingent upon Buyer obtaining third party
~ (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercla
Contract Financing Addendum. The City is requesting monies from the
Port Arthur for Positive Action. eR which balance at closing will t;e
O B. Assumption: In accogrda omissoh ~notettsecured bymhe I Prop my ct Financing Addendum, Buyer wl
assume the existin p ry
$ er to Seller under the
^ C. Seller Financinq: The delivery of a promissory note and deed of trust from Buy
terms of the attached Commercial Contract Financing Addendum in the amount of $ _-----
5. EARNEST MONEY: 400 as earnest
A. Not later than 3tdaYyy~er ichan Teitledate, Buyer must deposit $
money with
(escrow agent) at (address). If Buyer fails to timely deposit the eamest
money, Seller may terminate this contract by providing written notice to Buyer before Buyer deposits the
eamest money and may exercise Seller's remedies under Paragraph 15. ent to be made
with the escrow ag
B. Buyer will deposit an additional amount of $
part of the earnest money on or before.
^ (i) days after Buyers right to terminate under Paragraph 7B expires; or
^ (ii)
w then 3 dabs after Seller not fyes Buyer that B~ yer has dnot timelly deposited the add tionlal amo gnaph 5
C. Buyer may instruct the escrow agent to deposit the eamest money in an interest-bearing account at a
federally insured financial institution and to credit any interest to Buyer.
6. TITLE POLICY, SURVEY, AND UCC SEARCH:
A. Title Policv:
Buyer's
(1) Seller, at $~tt~R expense, will furnish Buyer an Owner's Policy of Title Insurance (title clompalnY)
issued by g y ainst loss under the title
in the amount of the sales price, dated at or after closing, insurin Bu er ag
policy, subject only to: be approved by Buyer in writing; and
(a) those title exceptions permitted by this contract or as may
(b) the standard printed exceptions contained in the promulgated form of title policy unless this
contract provides otherwise.
(2) The standard printed exception as to discrepancies, confl ins~lmr ovements in area and boundary
lines, or any encroachments or protrusions, or any overlapp 9 P
~ (a) will not be amended or deleted from the title policy. ^ gu er ^ Seller.
^ (b) will be amended to read "shortages in areas" at the expense of Y
(3) Buyer may object to any restrictive covenants on the Property within the time required under
Paragraph 6D.
(4) Within days after the effective date, Seller will furnish Buyer a commitment for title insurance
(the commitment) including legible copies of recorded documents evidencing title exceptions. Seller
authorizes the title companwiltlelivar thfoco them costs rolfteo doain ing T B ler Reports
address. The City P Y
from American Title. page2of13
and Seller _ ~ -
(TAR-1801) 10-18-05 Indialed for Identification by Buyer _. - r<
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Commercial Contract -Improved Property concerning
B. Surve :Within days after the effecPvey ate: y P of the survey to
^ (1) Buyer will obtain a survey of the Pro ert at Bu er's ex ense and deliver a copy
Seller. The survey must be made in accordance Wo rate conditio~Gety of Professional Surveyors'
standards for a Category 1A survey under the app P
^ (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date.
The survey must be made in accordance with the Texas Society of Professional Surveyors'
standards for a Category 1A survey under the appropriate condition. of Sellers existing survey
^ (3) Seller will deliver to Buyer and the title company a true as ongrwith a Paffidavit required by the title
of the Property dated y P an Seller, at
company for approval of the survey. If the surve is not acce table to tandltdel verPheyacceptable
Seller's expense, will obtain a survey acceptable to the title corn any
survey to the buyer and the title company within 1 The clos ngrdatel will be extended datlyaup to
existing survey is not acceptable to the title company.
15 days if necessary for Seller to deliver an acceptable survey within the time required.
C. UCC Search:
^ (1) Within days after the effec re ared bS alreportinglservice and datedfafter t B effective date.
Commercial Code (UCC) search p P Y
The search must identify documents that are on file with the Texas Son the Properttytandnshow,
as debtoh Selle Band aeotherlownterds of the personal property li ntheeast 5 years.
^ (2) Buyer does not require Seller to furnish a UCC search.
D. Bu ers Ob ections to the Commitment Surve and UCC Search:
(1) Within 60 days after Buyer receives the commitment, copies of the documentob ecltdtocmatters
exceptions, any required survey, and any required UCC search, Buyer may 1
disclosed in the items if: (a) the matters disclosed constitute a defect or encumbrance to title to the
real or personal property described in Paragraph 2 other than those permitted by this contract or
liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the Items show at any
FEMA If
part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by )
Paragraph 6B(1) applies, Buyer is deemed to receive the survey on the earlier of: (i) the date Buyer
actually receives the survey; or (ii) the deadline specified in Paragraph 68. s after Seller
(2) Seller may, but is not obligated to, cure Buyer's timely objections withitno 1 o dde such time to
receives the objections. The closing date will be extended as necessary P terminate
cure the objections. If Seller fails to cure the objections by the time required, Buyer may
this contract by providing written notice to Seller within 5 da~s after the nde endenlt consideration
cure the objections. If Buyer terminates, the earnest move less any P
under Paragraph 7B(1), will be refunded to Buyer.
(3) object exclept thattBuyer will not wtaivelthe eq urerments nr Sched ue Csof he IcommiBment's right to
7. PROPERTY CONDIT{ON:
A. Presen_ t Condition: Buyer accepts the Property in its present condition except that Seller, at Sellers
expense, well complete the following before closing.
Page 3 of 13
and Seller _ , --
(TAR-1801) 10-18-OS Indialed for Identification by Buyer __ ~ -
-.-_---__¢x
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Commercial Contract -Improved Property concerning 60
days after the
B. Feasibility Period. Buy Y P aY t jrmynatoe idin cSeller written not ce of teirml nation) k °nIY one box.)
effective date (feasibilit eriod b p 9
f~ (1) If BuY100 rminates undethati Sel erawitalPetaiB asl ndependent~onsiderlabonrfor Buyer'so uBnrestr cted
$ p p a ment of the
right to terminate. Buyer has tendered the inde endent consideration to Seller u on p y
amount specified in Paragraph 5A tontclosingoof the staleheflnoedollaeamountasrstlatedsinothis
credited to the sales price only upo ae~~~~t tna earnest mone Bu er will not have the right to
terminate unaer u,is r•a~a4 ~~ ~ ~ as
Not later than 3 days after the effective date, Buyer must pay Seller $
^ (2)
independent consideration for Buyer's fight to terminate b the eaenest monea w~l betrefunded to
Y
Seller's agent. If Buyer terminates under this Paragraph 7B,
Buyer and Seller will retain the independent consideration. The independent consideration will be
credited to theme sale f Rr~var~a Is to timelosiag the inde elndent cond~lderationuBui erswalenot havie
C. Ins ections. Studies or Assessments: com lete or cause to be completed
(1} During the feasibility period, Buyer, at Buyers expense, may P
any and all inspections, studies, or assessments of the Property (including all improvements and
fixtures) desired by Buyer.
(2) Seller, at Seller's expense, will turn on all utilities necessary for Buyer to make inspections, studies,
or assessments.
(3) Buyer must:
(a) employ only trained and qualified inspectors and assessors;
(b) notify Seller, in advance, of when the inspectors or assessors will be on the Property;
(c) abide by any reasonable entry rules or requirements of Seller;
(d) not interfere with existing operations or occupants of the Property; and
(e) restore the Property to its original condition if altered due to inspections, studies, or
assessments that Buyer completes or causes to be completed.
(4) Except for those matters that arise from the negligence of Seller or Sellers agents, Buyer is
responsible for any claim, liability, encumbrance, cause of action, and expense resulting rom
ro ert damage or personal injury.
Buyer's inspections, studies, or assessments, including any p p Y
Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim
involving a matter for which Buyer is responsible under this paragraph. This paragraph survives
termination of this contract.
D. Property Information.
30 days after the effective date, Seller will deliver to
(1) DeliveN of Property Information: Within
Buyer:
^ (a) a current rent roll of all leases affecting the Property certified by Seller as true and correc ;
includin any modifications, supplements,
^ (b) copies of all current leases pertaining to the Property, 9
or amendments to the leases;
^ (c) a current inventory of all personal property to be conveyed under this contract and copies o any
leases for such personal property;
(TAR-1801) 10-18-05
and Seller, --
Initialedfor Identification by Buyer _ , -
Produced vnlh ZipFormD Oy zglog~x 18070 Frfleen Mile Road. F2ser, McMgan d8026 ~w++ blatix com
Page 4 of 13
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Commercial Contract -Improved Property concerning
^ (d) copies of all notes and deeds of trust against the Property that Buyer will assume or that Seller
will not pay in full on or before closing; reements relating to the
^ (e) copies of all current service, maintenance, and management ag
ownership and operation of the Property; rovider;
O (f) copies of current utility capacity letters from the Property's water and sewer service p
^ (g) copies of all current warranties and guaranties relating to all or part of the Property;
O (h) copies of fire, hazard, liability, and other insurance policies that currently relate to the Property;
^ (i) copies of all leasing or commission agreements that currently relate to all or part of the Property;
^ (j) a copy of the "as-built" plans and specifications and plat of the Property;
O (k) copies of all invoices for utilities and repairs incurred by Seller for the Property in the 24 months
immediately preceding the effective date; from
^ (I) a copy of Seller's income and expense statement for the Property
to
^ (m) copies of all previous environmental assessments, geotechnical reports, studies, or ana yses
made on or relating to the Property;
O (n) real & personal property tax statements for the Property for the previous 2 calendar years; an
~ (o} An documentation that Seller has as to the condition or title
to the pro ert and that she has ossession of.
(2) Return of Property Information: If this contract terminates for any reason, Buyer will, notra thr7D(1)
10 days after the tennlnatryn date: (a) reptum to Sell~r all those items described in Padeliver copies
that Seller delivered to eu er and all co ies that Bu er made of those items; and (b)
of all inspection and assessment reports related to the Property that Buyer completed or caused to
be completed. This Paragraph 7D{2) survives termination of this contract.
E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as
on the effective date under reasonably prudent business standards; and (2) will not transferor dispose
of any part of the Property, any interest or right in the Property, or any of the personal property or other
items described in Paragraph 28 or sold under this contract. After the feasibility period ends, Seller may
not enter into, amend, or terminate any other contract that affects the operations of the Property without
Buyer's written approval.
8. LEASES: Seller has no leases on the property and it is vacant.
A according to its termseSeller may no9enterB to anynnew lease,ofa I totcomplybwith any ex scting leaseeor
make any amendment or modification to any existing lease without Buyer's written consent. Seller must
disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or
subsequently occur before closing:
(1) any failure by Seller to comply with Seller's obligations under the leases;
(2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets
or damages;
(3) any non-occupancy of the leased premises by a tenant;
(4) any advance sums paid by a tenant under any lease;
(5) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affec
any lease; and
(6) any amounts payable under the leases that have been assigned or encumbered, except as security
for loan(s) assumed or taken subject to under this contract.
B. Estoppel Certificates: Within days after the effective date, S by eachdtelnant th a leases space
certificates signed not earlier than
in the Property. The estoppel certificates must state.
Page 5 of 13
and Seller _ ,
(TAR-1801) 10-18-05 Initialed for Identification by Buyer _, _ Mm _ _.
o...A...eA.~i:,F ~:~Ln....iT F.. ~r:..l ..n.~. 1Pn~n FNOnn \n.ln one.l L.aenr
Commercial Contract -Improved Property concerning p el CeftiflCate
(1) that no default exists under the lease by the landlord or tenant as of the date the esto p
is signed;
(2) the amount of the scheduled rents to be paid through the end of the lease and any rental paymen s
that have been paid in advance;
(3) the amount of any security deposit;
(4) the amount of any offsets tenant is entitled against rent;
(5) the expiration date of the lease;
(6) a description of any renewal options; and
(~)
9. BROKERS: There are no brokers.
A. The brokers to this sale are'.
License No.
Cooperating Broker license No. Principal Broker
E-mail.
E-mail.
Principal Broker: (Check only one box}
Cooperating Broker represents buyer. ^ represents Seller only.
^ represents Buyer only.
^ is an intermediary between Seller and Buyer.
B. Fees: (Check only one box.}
^ (1) Seller will pay Principal Broker the fee specified by separate written commission agreement
between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified
in the Agreement Between Brokers found below the parties' signatures to this contract.
^ (2) At the closing of this sale, Seller will pay:
Cooperating Broker a total cash fee of:
^ % of the sales price.
Principal Broker a total cash fee of:
^ % of the sales price.
^ County
The cash fees will be paid in roceeds at closing.
ent to pay the brokers from the seller's p
Texas. Seller authorizes
escrow ag
NOTICE: Chapter 62, Texas Property Code, authorizes
with a lien against the Property.
broker to secure an
earned commission
consent of the brokers affected by the
C. The parties may not amend this Paragraph 9 without the written
amendment
10. CLOSING: July 15, 2009
A. The closing of the sale will be on or before or within 7 days after
objections made under Paragraph 6D have been cured or waived, whichever date is later (the closing
date). Page 6 of 13
and Seller. -
(TAR-1801) 10-18-05 Initialed for Identification by Buyer _. - ___._--zfx
Produced watt ZipFot„t~ M ttP~o9'x ~ 8070 Fifteen Mile Road, Fraser, Mkhigen 48026 vN+w s °~°°~ p0°t
Commercial Contract -Improved Property concerning exercise the remedies in
B. If either party fails to close by the closing date, the non-defaulting party may
Paragraph 15. eneral ®special warranty
C. At closing, Seller will execute and deliver to Buyer, at Sellers expense, a ^ 9
art of the sales price is financed. The deedmitted
deed. The deed must include a vendor's lien if any P the Property
convey good and indefeasible title to the Property and show no exceptions other than those ainst the
interests ag
under Paragraph 6 or other provisions of this contract. Seller must conve
(1) with no liens, assessments, or Uniform Commercial Code or other security
Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes;
(2) without any assumed loans in default; andart of the Property as lessees, tenants at sufferance, or
(3) with no persons in possession of any p er under this contract.
trespassers except tenants under the written leases assigned to Buy
D. At closing, Seller, at Sellers expense, will also deliver to Buyer. ersonal
(1) tax statements showing no delinquent taxes on the Property;
(2) arollerty definedtas part oftthe Property m Paragraph 2forsold undeath sf contract' to any p
nment to Buyer of the following t ems
P P
(3) an assignment of all leases to or on the Property;
(4) to the extent that the foll eRn or its operationsgnable, an assig
as they relate to the Prop Y
(a) licenses and permits;
(b) maintenance, management, and other contracts; and
(c) warranties and guaranties;
(5) a rent roll current on the day of the closing certified by Seller as true and cog e erson or,
erson executing this contract is legally capable and authorized to bindlSSleller is a
(6) evidence that the p ent stating that Seller Is not a forei n p roceeds an
(7) an affidavit acceptable to the escrow ag ent to: (I) withhold from Seller's p
foreign person, a written authorization for the escrow ( )
amount sufficient to comply applicable tax law; and ~I deliver the amount to the Internal Reve Phis
ro riate tax forms; and uired by
Service together with app P
(8) any notices, statements, certificates, affidavits, releases, and other documen s re
for the closing of the sale and the issuance of the title
contract. the commitment, or Iawleted and executed by Seller as necessary.
policy, all of which must be comp
E. At closing, Buyer will: ent;
this contract is legally capable and authorized to bind
(1) pay the sales price in good funds acceptable to the escrow ag
(2) deliver evidence that the person executing
Buyer, ert a written statement that:
(3) sign and send to each tenant in the Prop Y
(a) acknowledges Buyer has received and is responsible for the tenant's security deposit, an
(b) specifies the exact dollar amount of the security deposit, uired by this
(4) sign an assumption of all leases then in effect, and
(5) execute and deliver any notices, statements, certificates, or other documents req
contract or law necessary to close the sale.
F. Unless the Partle~e State Bar of Texas ReallEsiate Forms Manlual withooutnany additionalcclausesin the
current edition of
11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sa e
in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wea
er before closing or by Seller after closing that is not authorized
ossession by Buy arties.
and tear excepted. Any p
by a separate written lease agreement is alandlord-tenant at sufferance relationship between t e p
page 7 of 13
and Seller __ . -
{TAR-1801) 10-18-OS InAialed for Identification by Buyer _ ~ -- zr
Produced wd~ ZIpFOm~D M ~'pLogtt 18070 RReen Mile Road. Fraser, Mwhigan 68026 '~'~~ ~
Commercial Contract -Improved Property concerning
12. SPECIAL PROVISIONS: (Identify exhibit if special provisions are contained ~ urchtasce byf the City of
(a) This sale or transfer is conditioned °f any,pof Billy Williams in
Port Arthur of any and all interest,
the adjacent Tract 116. other property owned by the
(b) If the City purchases Tract 128 and any ro erty owned by Diane
e Welch, as wellofathehTo n of Sabine Pass, the City
Estate of Georg Ran e 5,
Jackson, in Block 8, 9
will pay all closing costs and all back ad valorem axe .
13. SALES EXPENSES:
A. Seller's Expenses: Seller will pay for the following at or before closin9er, including prepayment penalties
(1) releases of existing liens, other than those liens assumed by Buy
and recording fees;
(2) release of Seller's loan liability, if applicable;
(3)-ta3c-s~terr+e rats yr certificates,
(>$r preparaton roFtht~d2nd -ang ~biH-of sale
(5r ene-+talf of-arty-escran*fee- ~hat~eHeFr~ast-c+~ aad
(6r easts ta~recorct arry~focaments-ta cvretifie vbjecti~
(7) other expenses that Seller will pay under other provisions of this contract.
B. Buyer's Expenses: Buyer will pay for the following at or before closing:
(1) all loan expenses and fees;
(2) preparation fees of any deed of trust,
(3) recording fees for the deed and any deed of trust; ers lender,
(4) premiums for flood and hazard insurance as may be required by Buy
(5) one-half of any escrow fee; and
(6) other expenses that Buyer will pay under other provisions of this contract.
14. PROBATIONS:
A. Prorations.
(1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be
prorated through the closing date.
(2) date, taxes wofbe prol~at d on(the basis of taxes assessedan the previou~lyear~abthe taxes for the
year in which the sale closes vary from the amount prorated at closing, the parties will adjust the
prorations when the tax statements for the year in which the sale closes become available. This
Paragraph 14A(2) survives closing.
(3) If Buyer assumes a loan or is taking the Property me J? ofltaxese ilnsu anlce prelm umsl, land fother
reserve deposits held by the lender for the pay
Page 8 of 13
and Seller _, --
(TAR-1801) 10-18-OS Indialed for Identification by Buyer _, ---
__.----.zfx
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Commercial Contract -Improved Property concerning - an apprOpflate
charges to Buyer at closing and Buyer will reimburse such amounts to Seller by
adjustment at closing- ecial
before closing or if a denial °enalties, or
B. Rollba_ ck TaXes: if Seller changes the eller refsults Pr~he assessment of additional taxes, p
valuation on the Property claimed by S eriods before
interest Bau sets usetof fthe Priopert eaftercdosing~e ultsen dd t onalll as essmelntstlfor P Seller. if this
sale o y h 14B survives closing.
closing, the assessments will be the obligation of Buyer. This Paragrap osits and the following
re aid expenses, advance rental
C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security eP
advanc is recelved by Seller foaid botenants( Rents prorated to one party but received by
payments, and wi I bearemltted by thenrec pient t the party to whom it was prorated within 5 days after
the other party
the rent is recelved. This Paragraph 14C survives closing.
15.DEFAULT:
as li uidated damages, thereby releasing the
A. If Buyer fails to comply with this contract, Buyer is in default and Sel er may.
(1) terminate this contract and receive the eamest money q law or both.
parties from this contract; or
(2) enforce specific performance, or seek other relief as may be provide y el certificates, survey or the
B. If, without fault, Seller is unable within the time allowed to deliver the estoPPendent consideration under
commitment, Buyer may: less an indep
(1) terminate this contract and receive the earnest money, Y
Paragraph 76(1), as the sole remedy; or
(2) extend the time for performance up to 15 days and the closing will be extended as necessa
C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and
Buyer may. inde endent consideration under
arties from this contract; or
(1) terminate this contrail and receive the earnest money, less any r both.
Paragraph 78(1), as liquidated damages, thereby releasing the P rovided by law, o
(2) enforce specific performance, or seek such other relief as may be p
16. CASUALTY LOSS AND CONDEMNATION: fire or other casualty after the effective date,
is dama ed or destroyed by ossible and not later
A. If any part of the Property 9
Seller must restore the Property to its previous condition as soon er mayonab y p
than the closing date. If, without fault, Seller is unable to do so, Buy
(1) terminate this contract and the earnest money, less any independent consideration under Paragraph
7B(1), will be refunded to Buyer; insurance
(2) extend the time for performance up to 15 days and closing will be extended as necessary;
ed condition; (ii) an assignment of any
(3) accept at closing. (i) the Property in its damag
proceeds Seller is entitled to receive along with the insurers consent to the assignment; and iu a
olic for the loss.
credit to the sales price in the amount of any unpaid deductible under the art of the Property, Buyer
B. If before closing, condemnation proceedings are commenced against any p
may:
(1) terminate this contract by providing written notice to Seller within 15 days after Buyer is advise o
inde endent consideration under
the condemnation proceedings and the earnest money, less any P
Paragraph 78(1), will be refunded to Buyer; or er and the sales
(2) to P a rSel erdand hehsales pe ceaw~nber~edudCed by theasame amount, or (b)yBuy election, be ong
price will not be reduced.
Page 9 of 13
and Seller _ , -
(TAR-1801) 10-18-OS Initialed for Identification by Buyer _-. - ~x
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Produced wnh ZipForm9 by zipLogix 18010 Fdleen Mile Roed. Fraser, Michigan 48026 v+w++z oLai x ~m
Ccmmercial Contract -Improved Property concerning
17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or any escrow agent is a prevailing party in any legal
proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover
from the non-prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph
17 survives termination of this contract.
98. ESCROW:
A. At closing, the eamest money will be applied first to any cash down payment, then to Buyer's closing
costs, and any excess will be refunded to Buyer.
B. If both parties make written demand For the earnest money, escrow agent may require payment of
unpaid expenses incurred on behalf of the parties and a written release of liability of escrow agent from
all parties.
C. If one party makes written demand for the earnest money, escrow agent will give notice of the demand
by providing to the other party a copy of the demand. If escrow agent does not receive written objection
to the demand from the other party within 15 days after the date escroma9nntdemand, reduced by the
other party, escrow agent may disburse the earnest money to the party 9
amount of unpaid expenses incurred on behalf of the party receiving the eamest money and escrow
agent may pay the same to the creditors.
D eamest money tol Buyder and wli Idpay the ndependentt onsideeationrto Bel er.8(1) before disbursing any
E. If escrow agent complies with this Paragraph 16, each party hereby releases escrow agent from all
claims related to the disbursal of the earnest money.
F. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to
escrow agent are effective upon receipt by escrow agent.
99. MATERIAL FACTS: To the best of Seller's knowledge and belief: (Check only one box.)
CCU A. Seller is not aware of any material defects to the Property except as stated in the attached Property
Condition Statement. The property was damaged by Hurricane Ike. The
structures have been demolished and removed. The property is now vacant.
® B. Except as otherwise provided in this contract, Seller is not aware of:
(1) any subsurface: structures, pits, waste, springs, or improvements;
(2) any pending or threatened litigation, condemnation, or assessment affecting the Property;
(3) any environmental hazards or conditions that materially affect the Property;
(4) whether the Property is or has been used far the storage or disposal of hazardous materials or toxic
waste, a dump site or landfill, or any underground tanks or containers;
(5) whether radon, asbestos containing materials, urea-formaldehyde foam insulation, lead-based
paint, toxic mold (to the extent that it adversely affects the health of ordinary occupants), or other
pollutants or contaminants of any nature now exist or ever existed on the Property;
(6) any wetlands, as defined by federal or state law or regulation, on the Property;
(7) any threatened or endangered species or their habitat on the Property;
(8) any present or past infestation of wood-destroying insects in the Property's improvements;
(9) any contemplated material changes to the Property or surrounding area that would materially and
detrimentally affect the ordinary use of the Property;
(10) any material physical defects in the improvements on the Property; or
(11}any condition on the Property that violates any law or ordinance.
(Describe any exceptions to (1)-(i 1) in Paregraph i2 or an addendum.)
and Seller _ , ~ Page 10 of 13
(TAR-1801) 10-18-05 Indialed for Identification by Buyer _ , -
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Produced with ZipFomrdJ by zipLoOix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wmv i pLoo'x wrn
Commercial Contract -Improved Property concerning
25. ADDITIONAL NOTICES:
A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or
Buyer should be furnished with or obtain a title policy.
B for floodro ontrolsfaclitiees and selrv ces~Chapter 49rilTexastWatdertCode~reglu9esaSelleeto deliver and
Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby Fees of the
district before final execution of this contract.
C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to
purchase may be located in a certificated water or sewer service area, which is authorized by law o
e Is located in a
provide water or sewer service to the properties in the certificated area. If your prop rtY
before ou can
certificated area there may be special costs or charges that you will be required to pay Y
receive water or sewer service. There may be a period require You a~esadvisledeto d terminecif tthe
necessary to provide water or sewer service to your property.
property is in a certificated area er d cifnaact that isilifequ red topprovdide welder or aeweh servsce totyour
will be required to pay and the p od, Y,
property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or be ore
chos ng of tpurchasebof the real property.tThe re I property s desc ibed rtn Paragraph 2 f this ~lontractat
D state, §33 135 Te~las NaturaleResoources Code requl es atnotce rlegardingccoastal aeea property totbe
included as part of this contract. 1.025, Texas Natural Resources
E. If the Property is located seaward of the Gulf Intracoastal Waterway, §6
Code, requires a notice regarding the seaward location of the Property to be included as part of this
contract.
F intt e e ~Pa-tterritorial jutlsdictlon (ETJ) olf a mun c palrtyaalnd ma ynoweor later be subjectet anrnexation
by the municipality. Each municipality maintains P ~ap that g~ Pertshould contdact all mudnic palities
determine if the Property is located within a munici alit 's ETJ, Y
located in the general proximity of the Property for further Information.
G law requieessa lead-based painlt andlhazard disclosure statementto betmade partlofbthisrcontractfederal
H. Section 1958.154, Occupations Code requires Seller to provide Buyer a copy of any mold remediation
certificate issued for the Property during the 5 years preceding the date the Seller sells the Property.
I. Brokers are not qualifed to perform property inspections, surveys, engineering studies, environmental
assessments, or inspections to determine compliance with zoning, governmental regulations, or laws.
Buyer should seek experts to perform such services. Selection of experts, inspectors, and repairmen is
the responsibility of Buyer and not the brokers.
26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell
the Property. Unless the other party accep he offeffwilblapse and become null and voidWhich the Property is
Ma 10, 2009,
located, on Y
Page 12 of 1.
and Seller _ , -
(TAR-1801) 10-18-05 Indialed for Identification by Buyer _. --
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Produced wilt. ZIPFOrrt~J ~' i'PL°9~ 18070 Ffteen Mile Road, Fraser, Michigan 48026 w+.+'+ -oleo wm
Commercial Contract -Improved Property concerning
READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or
recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or
Lransaction. CONSULT your attorney BEFORE signing.
Buyer:
By'
Printed Name:
Title:
Buyer:
By:
Printed Name:
Seller:
By:
Printed Name:
Title: Title:
and as Executor
Georae Welch
AGREEMENT BETWEEN BROKERS
Principal Broker agrees to pay (Cooperating Broker) a
fee of ~ or % of the sales price when the Principal Broker's fee is
received. Escrow agent is authorized and directed to pay Cooperating Broker from Principal Broker's fee at
closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation
between brokers.
Cooperating Broker Principal Broker
By: By:
Buyer's attorney is:
Name:
Address:
Phone & Fax:
E-mail:
Seller:
City of Port Arthur
By'
Printed Name: Diane Jackson
Individually
Title: of Estate of
ATTORNEYS
Seller's attorney is:
Name:
Address:
Phone & Fax:
Buyers attorney requests copies of documents
notices, and other information:
^ the title company sends to Buyer.
^ Seller sends to Buyer.
E-mail:
Seller's attorney requests copies of documents,
notices, and other information.
^ the title company sends to Seller.
^ Buyer sends to Seller.
ESCROW RECEIPT
Escrow agent acknowledges receipt of:
^ A. the contract on this day
^ B. earnest money in the amount of
on
Escrow Agent:
By:
(effective date);
in the form of
Address:
Phone &
E-maiC_
raye i~~i i~
(TAR-1801) 10-18-05