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Home My WebLink About19067 ORD - 10/22/1985TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 4 AND 5 IN CONNECTION WITH THE BAYFRONT SCIENCE PARK LAND EXPANSION PROJECT; APPROPRIATING $161,114; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager is hereby authorized to execute the documents necessary for the acquisition of Parcels 4 and 5 in connection with the Bayfront Science Park Land Expansion project, Project No. 209-85-1.1, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated $161,114 from the Convention Center Bond Fund. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the abovementioned contract at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 22nd day of October, 1985. ATTEST: 67/1'4J &Da -- City Secretary MAY APPROVED: ZZn,/ DAY OF OCTOBER, 1985 04P.165.01 ne I THEY OF CORPUS CHRISTI, TEXAS 19067 MICROFILMED (Saenz, et al) REAL ESTATE SALES CONTRACT THE STATE OF TEXAS I COUNTY OF NUECES 1 EXHIBIT A This memorandum of agreement made end entered into by and between Alvaro D. and wife, Grace Saenz, Roman Martinez and wife, Olga Martinez all of Nuecee County and Roberto Benavidea and wife, Irma Benavides of the County of Reser, State of Texas, hereinafter called Seller(s), end the City of Corpus Christi, hereinafter called Buyer, of the County of Nuecee, State of Texas, WITNESSET B: 1. The Seller(s), for the consideration and upon the terms here- inafter set out, hereby agree(s) to Sell and convey unto Buyer, end Buyer agrees to buy the following described property situated in Nuecee County, Texas, to -wit: Lots 5 and 6, Block 60, Beach Portion of the City of Corpus Christi, Texas as shown by the map or plat thereof, recorded in Volume "A", Page 3, Map Records, Nuecee County, Texas. Saenz, et al Page !of 5 2. The purchase price is 0ne hundred Sixty thousand Dollars and no cents ($160,000.00). 3. The Seller(s) shall provide at the expense of Buyer, a title insurance policy, without exceptions to said title being made in said title policy, which policy shall wholly insure and indemnify the Buyer against any title defects or adverse claims thereto. Said title in- surance policy shall be issued through a reliable title insurance company and shall be delivered to the Buyer on the date of the closing of this transaction. 4. Upon the securing of the title insurance policy provided for herein, Seller(s) agree(s) to deliver at the expense of Buyer a good and sufficient general warranty deed drawn in accordance with the pro- visions of this contract, properly conveying said property to said Buyer, and Buyer agrees thereupon to make the cash payment. 5. All taxes to be paid by Seller(s) up to and including the year 1984. 6. All current taxes, if any, are to be prorated between the Buyer and the Seller(s) for the year 1985 to date of closing, except as may be herein otherwise provided. 7. Buyer has this day deposited with the title insurance company or title guaranty company the sum of $2,500 as earnest money hereunder to be applied on the cash payment above set out when the transaction is closed, at which time the balance of cash consideration shall also be paid. Should the Buyer fail to consummate this contract ea herein specified for any reason, except title defects, the Seller(s) shall be entitled to receive said cash deposit as liquidated damages for the breach of Chia contract, or may at their option, enforce specific per- formance hereof. When the executed deed and any other necessary exe- cuted papers and the balance of the cash payment are in possession of the title insurance company or title guaranty company said title company will close the transaction in accordance with its usual and customary Baena, et al Page 2 of 5 M procedure. In the event Seller(s) fail(s) to tender a deed conveying said property in accordance with the terms of the contract within the time provided herein, the Buyer may enforce performance of this contract by an action for specific performance thereof. 8. The Buyer agrees to accept title eubject to all outstanding restrictive covenants and nee restrictions, if any, of record, and all city zoning and regulatory ordinances, if any, applicable to said property. 9. It ie understood by all parties hereto that this transaction is to be closed through the title insurance company or title guaranty company on or before ninety (90) days from this date. Possession to be given to Buyer Seller(s). upon execution of "Warranty Deed" by 10. By Seller(s) execution hereof, Seller(s) acknowledge(s) that he (she) (they) have read this agreement and understand that this a- greement is not binding on Bayer until properly authorized by the City Council and executed by the City Manager of the City of Corpus Christi, Texas. It in further understood, however, that Bayer must execute this agreement within sixty (6o) days from the date of Seller(a) • execution or this agreement shall be null and void and none of the provisions hereinabove set out will bind either party. I1. It is understood that this property is being purchased by the City under the threat of eminent domain proceedings. Saenz, et al Page 3 of 5 EXECUTED in triplicate, either copy of which shall constitute au original, on this the day of 19 . Alvaro D. Saenz Grace Saenz Roman Martinez Olga Martinez Roberto Benavidea Irma Benavldee SELLERS ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: Armando Chapa Edward A. Martin City Secretary City Manager BUYER APPROVED AS TO LEGAL FORM TRIS __ DAY OF , 19 J. BRUCE AYCOCR, CITY ATTORNEY By: Assistant City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 19_ by Edward A. Martin, City Manager for the City of Corpus Christi, Texas, a municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas (NOTE: please print, stamp or type notary name & expiriation date below) Saenz, et al Page 4 of 5 M THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 19_ by Alvaro D. Saenz and wife, Grace Saenz. Notary Public in and for the State of Texas (NOTE: please print, type or stamp name & expiration date of notary below) ME STATE OF TEXAS COUNTY OF NUECES f This instrument was acknowledged before me on 19 by Roman Martinez and wife Ogla Martinez. Notary Public in and for the State of Texas (NOTE: please print, type or stamp name E. expiration date of notary below) THE STATE OF TEXAS COUNTY OF NUECES j This instrument was aeknowldged before me on 19 by Roberto Benavides and wife, Irma Benavidea. Saenz, et al Page 5 of 5 Notary Public in and for the State of Texas (NOTE: please print, tope or stamp name 6. expiration date of notary below) • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) October 21, 1985 I certify to the City Council that $ 161,114.00 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name 209 Convention Center Bond Fund Project No. 209-85-1.1 Bayfront Science Park Land Expansion Project Name from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • BAYFRONT SCIENCE PARR EXPANSION(1985-p) Parcels 4, 5 (Saenz, et al) -acquisition $169,000 -closing costs $ 1,114 $161,114 FIN 2-55 Revised 7/31/69 '/1/) �/4. 01) la/aa/sC- l5+ E -- , 19 0'1 • M Corpus Christi, Texas 0127101 day of ems/ , 198 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAYOR THE CI Council Members Y OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 19067