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HomeMy WebLinkAboutC2010-202 - 6/22/2010 - Approved~+ ~ ' D13PARTMENTOF lENG1ZVIBBRIIVG 516RV[Ci Property and Land Acquisition I~viaior- Prgj. tVo. 52A4, Pubkc Safety Warehouse For P~ & 17I? Real Estate Sales Contract THE STATE OF TE3~AS § COUNTY OF N[JBCES § KNOW ALL BY THESE PRESENTS This Contract is entered into by the following owners, Michael P. Devaney and wife, Edna M. Devaney, collectively called "Seller", P. Q. Box 8U27, Corpus Christi, Texas 78412-0027 and the City of Corpus Christi, a Texas hams rule municipal corporation, 1201 Leopard Street, Carpus Christi, Nueces County, Texas 7$401, hereinafter called "Sesyer" under the terms and conditions set forth as follows: 1. Property. Seller far the consideration and under the terms set out herein, agrees to convey to Buyer the surface estate only of the property described below together with all rights, privileges and appurtenances pertaining to the real property situated in Nueces County, Texas described as: 1. Lot Twv (2}, Slvck One [1}, Las Encinos Industrial Sties, a Subdivision of the City of Carpus Christi, Nueaes County, Texas, as shown by the map or plat thereof, recorded in Volume 38, Page 200, Map Records, Nueces County, Texas with stree# address of 1501 Holly Road, together with all existing improvements. [Premises) 2. Additional Building Improvements: Seller, at Buyers cyst, agrees to install four [4} metal overhead doors consisting of one [1}Twelve foot high by Twelve foot wide dear and three {3} Ten foot high by Ten feat wide doors, at locations selected by Suyer. Upon completion of the overhead door installations, Seller will obtain a Texas I]epartment of Insurance [TDI} V~7indstorm Certificate issued by a pt9afessional engineer registered with the TDI for windstorn inspections. The windstorm rating must comply with City of Corpus Christi wintlstarm regulations. Seller will transfer the TDI Windsrorm Certificate to Buyer at Closing. Buyer to reimburse Seller far all installation casts at Closing. Seller to notify Buyer in writing o£ total installation costs prior to commencing installation. Buyer to approve installation casts in writing prior W Seller commencing installation of doors. 2. Tnta1 Purchase Price. $ ~'15,Q00.00, cash at closing. 3. Ti#le Insurance. The Seller must provide, at Seller's expense, a #itle insurance policy that guarantees gaud and indefeasible title tv the Property, without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contras#, and that wholly insures and indetnni#"tes Huyer against any title defects or adverse claims. Upon mutual selection by Seller and Suyer, a reliable title insurance company yr title guaranty company 2410-202 M2010-14$ 1 05/22/10 Devaney, Michael & Edna ~~OGI1i~~ f ~ ("Title Company"} must issue the title insurance policy. The title commitment far title insurance must be delivered to Buyer within 3 p days after receipt of the Contract by the Title Company, with the title insurance policy tv be timely issued after Closing, 4, Warranty Deed and Closing Costs. After securing the title insurance commitment, Seller must execute a General Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment. Closing Costs: Seller will be responsible for payment of its closing casts consisting of ane- half#heEscrow fee, Tax Certificate fee, Warranty Deed cost or attorney fee, Deed filing fee, Title Insurance premium, repair cysts, applicable Sales Commission fees, and title curative fees. Buyerwill be responsible fvrpayment of its closing cysts consisting af: one-halfthe Escrow fee, property Survey fee, inspection fees, and other miscellaneous fees not tv exceed $50a. 5. Property Taxes. Seller must pay all property taxes incurred on the Property up to and including 2Q[~. All property taxes for the year 2d 14, if any due and payable or incurred for the year, will be prorated between the Buyer and the Seller from January t, ~4I0 to the date of Closing. The prorated taxes are only an estimate indicated by a Tax Certificate obtained by the Tine Company and the Seller agrees to pay any shortages of property taxes should they occur during the fallowing year. Seller will agree to execute a Tax Proration Agreement expressly stating this agreement. 6. Earnest Money. Buyer deposits Five Thousand Dollars and no ceR $5,ODO.QQ}with the Title Company as Earnest Money, which will he applied to the balance of the purchase price owing at Closing; Huyer will pay the balance of the purchase price vwirig at Closing. When the Title Company possesses the executed deed, any other necessary paperwork, and the balance of the cash payment, the Title Company will close and finalize the conveyance in accordance with its customary procedure. If Buyer fails ro Close on this Contract as set out herein, far any reason other than title defer#s, Salter is entitled to the Earnest Money as liquidated damages for breach of this Contract. Seller may seek to enforce this Contract by an action far specific performance. If Seller fails tv tender an executed deed conveying the Property in accordance with the #erms of this Contract, Buyer may seek to enforce this Contract by an action far specific performance. 7. Restrictions on Title. Buyer accepts title to the Property subject to all retarded restrictive covenants and use restrictions, if any, and all applicable City zoning regulatory ordinances, if any. 8. Time for PerFarmance. This transaction will Close by the Title Company on or before ,9~ days -from the effective date of this Contras#. Seller gives Buyer possession of the Property by executing the General Warranty Deed. Buyer must execute this Contract within 30, ~ay_, from the date of Seller's execution of this Contract or this Contract is void. . 2 Seller's execution of this Contract means that Seller has read and urrderstaads that t is Can#ract is not binding oa Buyer unt11 approved and accepted by: {1} tare City of Carpus Christi City Council aad executed by tare City Manager of the City of Corpus Chr1sN, Texas, or designee and {2) subject to the opinion and approval of the City of Corpus Christi's Bond Counsel for the 2hd9 Bond Issue {Public Safety Warehouse PrnJect}. 9. Survives Closing. This Contract survives Closing of the sale of the Property and the delivery of the General Warranty Deed and other necessary documents by Seller to Buyer at Closing, and all terms and conditions remain in effect between Seiler and Buyer. l d. 60-Day Inspection Period. Buyer shalt have sixty {54) days (the "6~-Day Inspec~[an Period's from the effective date of the contract hereof tv notify Selier of Buyer's election, in Buyer's sole discretion, to cancel this Contract and receive a refund of the Earnest Money in the event that Buyer finds the Property to be unacceptable for any reason. Buyer shall have reasonable access to the Property during all normal business hours and Seiler agrees to cooperate with and assist Buyer in Buyer's inspec~on of the Property. Failure of Buyer to deliver to Seller, within the b0-Day Inspection Period, written notice of Buyer's determination that the Property is unacceptable and to terminate this Cvn#ract shall constitute an election by Buyer to proceed with this Contract and a waiver of Buyer's right to temvnate this Contract on this basis. a. Right of Eatry. {1} During the 5d-Day Inspection Period, and at Buyer's sole expense, Buyer or Buyer's authorized agents shall have the right tv enter upon the Property for purposes of making such land surveys, environmental site analysis, engineering studies, wetland studies, soil borings and sail analysis as Buyer may deem necessary. Buyer shall not cause or permit damage or injury to the Property. Upon termination of this Contract, Buyer shall promptly restore the Property to the condition existing prior to any tests ar studies conducted pursuant to this Contract. This obligation shall sur-~ive the termination of this Contract, notwithstanding anything to the contrary contained herein. Seller shall make available far Buyer's inspection and copying within #en {l ~}days from the date hereof all reports, studies and tests in Seller's possession with respect to the Property. (2) In connection with Buyer's inspections, studies, and assessments, Buyer must: {i) employ only trained and qualified inspectors and assessors; {ii} notify Selier, in advance, of when the inspectors yr assessors will be an the Property; (iii} abide by any reasonable entry rules ar requirements that Seller may require; (iv) not interfere with existing operations yr occupants vfthe Property; and (v} xestore the Property to its anginal condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. {3} Except far these matters that arise from the sole negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, ar assessments, including any property 3 ~ ~~ damage or personal injury, To the extent permitted by law, Buyer, as perm€tted by Texa law will indemnif~-, hvId harmless, and defend Seller and 5eller's agents against any claim invvIving a matter far which Buyer is responsible under this Section. b. En~ironmentai Condition of Property. Definifions. "Environmer~taf Law" shall mean any law relating to environmental conditions and industrial hygiene applicable to the Property, including without limitation, the Resource Conservation and Recovery Act of I97G, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1985, the Federal Water Pollution Control Act, the Clear Air Act, the Clear Water Act, the Toxic Substances Control Act, the Endangered Species Act, the Safe Drinking Water Act, the Texas Water Code, the Texas Solid Waste Disposal Act, and all similar applicable federal, state and local environmental statutes, ordinances and the regulations, orders and decrees now or hereafter promulgated thereunder. "Hazardous Materials" shall mean any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, ar ail as defined in any Environmental Law existing as of the date hereof Environmental Audit. Buyer shall have the right to cause an independent environmental consultant chosen by Suyer, in Buyer's sale discretion, to inspect the Property, including but net limited to an Environmental Sits Analysis (ESA} Phase Y and Phase II, to determine the condition of the Property, the presence of any Hazardous Materia]s and any apparent violation of any Environmental Law (the "Envirartmental .4ud~t"} and to deliver a report describing the findings and conclusions of the Environmental Audit, The cast and expense of the Environmental Audit shall be borne by Buyer. If the Environmental Audit reveals, ar at any time prior to closing Buyer otherwise becomes aware of the existence of any environmental condition ar violation of any Environmental Law which Buyer is unwilling to accept or the Seller is unwilling to cure, Buyer shall have the right and option to cancel this Contract and receive a hill return of the Earnest Money. 11. Broker Cvmmisslvn. Seller is responsible farpaymen# ofall broker's fees and connrussians incurred in connection with the sale of this property. 12. Possession. At Closing, the Property will be conveyed free of the rights vfpossession of any third parties in or to the Property except far valid easements, if any, Bled of record and currently in farce and effect, Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is alandlord-tenant at sufferance relationship between the parties. Completion of Qverhead Daor installation. Seller agrees #o: i.}complete installation of the four overhead me#al doors as per Section 1, Property, and make available far inspection by Buyer, and 2} obtain the Texas Department of Insurance Windstorm Certificate, both prior to Closing. 13. Representations and Warranties. By Seller. In ardor to induce Buyer to enter into this Contract, Seller makes the following 4 representationsand warranties all of which will be true and correct as of the da#e hereof and as of the date vfclosing: Authority; No Conflict. Seller has the absolute and unrestricted right, power and authority to execute and deliver this Contract and the docwnents to be executed and delir+ered by Seller in connection with the closing of the transactions described in this Contract (such documents being collectively referred to herein as "Seller's Clvslrig Documents"} and to perform its vbligativris under this Contract and the Seller's Closing Documents. Seller shall present to the Buyer andlor the Title Company, if necessary, all reasonable evidence of such authority which maybe requested by either of them. The execution and delivery of this Contract and Sellez's Clueing 17acuments, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under, any agreement to which Seller is a party yr by which Seller or the Property is bound, or violate any regulation, law, court order, judgment, or decree applicable to Seller or the Property, except as otherwise expressly pra~ided herein, No Litigation or Proceedings. Seller has no knowledge of any pending ar threatened litigation, condemnation, or assessment affecting the Property. Environmental Represen#atians. Except as otherwise expressly pra~ided herein, Seller has na knowledge that the Property contains Hazardous Materials {as defined in Section 14(b}), contains any underground storage tanks, or is not in full compliance with all Environmental Laws (as defined in Section 14(b}}, Title to Property. To the best of Seller's knowledge, Seller has full and comple#e fee simple title to the Property, subject only to the liens and encumbrances, if any, disclosed on the Commitment or Survey tc be furnished to Buyer hereunder. No Options. No person, corporation, ar other entity has or, on the date of Closing, shall have any right ar option tv acquire the Property. Compliance. Seller has not received any notice from any governmental agency regarding the Seller's or the Property's non-compliance with applicable laws, ordinances, regula#ions, statutes, rules and restrictions relating to the Property. 14. Mineral Reser~atlon. The sale of the Property is wi#hout minerals. Seller reserves unto itself all of its right, title and in#erest in and to the oil, gas and other minerals in, on, or under the Property. Ifrequired by Buyer, Seller wilt execute a no-drilling agreement, prepared by Buyer, to ensure that Seller will not construct or operate a well on the Property while exercising its right to recover any subsurface ail, gas, yr other minerals. i 5. Essen#ial. Time is of the essence in closing this transaction. ld. Effective Date. The effective date of #his Real Estate Sales Contract is the date in which the Contract is signed by the Buyer. 17. Counterpar#s: Multiple original copies of this contract may be executed, and the execution of this contract may be through the execution by the parties of separate counterparts. All of 5 the original copies of this contract together snail constitute one agreement, binding on all of the parties hereto notwithstanding that the parties hereto may ar may not be signatories to the same counterpart, Each of the undersigned parties authorizes the assembly of one ar more original copies of this contract, such that each such original copy of #his contract shall consist of (i) the body of this contract and (ii) counterpart signature pages and acknowledgment pages which collectively include all of the signatures and acknowledgments of the parties hereto. Each such contract shall constitute one original of this contract. When the context requires, singular nouns and pronouns include the plural. Bxecuted in triplicate, any of which constitutes an original, an the effective da#e of - ~- Z~ . ~ , 2014. THB STATE tJF TBXAS § C~[7NTY OF NUECES § This instrument was acknowledged before me on S - ~ '~ ~ , 2010 by Michael P. Devaney and Edna M. Devaney, Notary Public ~w~~c,o a. casr~uoM ~w~,s~ar~ ~-~y cortrnbrbn ~ osao-ao 12 State of Texas BUYER CITY OF CORPUS CHRISTI, TEXAS r ` ge R. Escobar, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY `~ 4 AE1Tti~RfLE~ gT L~UNCIL .~.~~ ~ SECRfTARY~ THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on T ~ , 2x10 by `Angel R. Escobar as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Houri+roN MYCOtr1M19SIflH FJ[plAES QepfAn~hAf 24, 2612 is iii and fvr th~tate of Texas APPROVED AS TD LEGAL FORM THIS ~ ~ ~`~ DAY 4F , 2x10. FOR THE CITY ATTORNEY ,n r Veronica Ocai"ias, Assistant City Attorney Assistant City Attorney H:1HQH+fEIEUSEBIpG1GEiV1ACQUISIT[QN PROJECT FdLDEkZSIPuhlic Saftey Warehouse Facility, 524A1150] Ho11y1RC.SC_15Q1 I{a11yRd.rl.doc 7 THOR STEEL BUILDINGS COVERED PARKING SPECIALTY STEEL FABRICATION D & R SALES Cam. P.O. BDX 278{!60 2038 SARATOGA BLVD. CORPUS CHRISTI, TX 78427-006© {361) 853-177] FAX [361) 853-1626 TURNKEY METAL SLOGS. METAL ROOFS METAL BLDG ADDITIONS AND REPAIR PAGE 1 OF 2 PAGES TD: Mike Devaney de~aneyC7a,da~lin.net DATE: 5117110 1581 Holly Road Carpus Christi, Texas 78417 ATTENTION: REF: LOCATION: ARCHITECT: JDB PHONE: 815-1575- Mike 215-5599- d WE ARE PLEASED TO SUBMIT YOU OUR QUOTATION FDR THE FOLLOWING: D & R Sales Co. proposes the following work an existing metal building: West Wall: ^ Cut out guts and shee#ing to frame out and install three 16 x it sectional windstorm rated overhead doors with chain operator. ^ Cat out and smooth S" a 8" concre#e beams. South Wall: • Cat out guts and sheeting to frame oat and install one 16 a 12 sectional windstorm rated a~erhead chars with chain operator. • Remove interior 8' tall liner waft and new overhead door. Electrical: • Mare and relocate electrical conduit that runs across new overhead dears. • Allowance at this time is $4,5U0.4U. - We include city permit, engineer review, seal, windstorm inspection & certificate for new work. .SrrHnq Sa-th Taxas S/n~c~ 19f 9" TG: Mike Devaney Total Price wl Tages: S 2g,924.Q4 PAGE 2 of 2 DATE: 511711U DUE TO VOLATILITY OF STEEL PRICES, THIS QUUTATIgN IS SUB.IECT TO PRICE ADJUSTMENT EQUAL TO STEEL PRICE INCREASES FROM TAE DATE OF THIS QUOTATION UNTIL TIME OF MATERIAL DELIVERY. ESTIMATED DELIVERY: TERMS: Payment terms to be agreed upon prior to commencement of work. WARRANTY: All products sold by Setter are warranted against failure due to defective material or workmanship for a period of one {1) year from completion. SELLER MAKES NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED, OF ANY KIND DR CHARACTER AND SPECIFICALLY MAKES NO WARRANTY AS TO THE MERCHANTABILITY QF ANY PRODUCT SOLD BY SELLER 'This quotation constitutes an offer by Seller which offer may be accepted by the subsequent signing of this quotation by Suyer AND THE RETllRN AND DELIVERY to Seller of the signed copy within 15 days. Respectfully submitted, D&R SALES CO., INC. Sales Representative Rory Escobar Accepted by Buyer and contract entered into at Carpus Christi, Nueces County, Texas DATE: coMrANY: BY: TITLE. Serwdng South Texas Since 19b8'