R2003-0070 05-12-03 RESOLUTION NO. R2003-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN EARNEST MONEY CONTRACT WITH AMVEST
CORPORATION FOR THE SALE OF DETENTION PROPERTY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Earnest Money contract by and between the City of
Pearland and Amvest Corporation, a copy of which is attached hereto as Exhibit "A" and
made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an Earnest Money Contract with Amvest Corporation for
the sale of detention property.
PASSED,APPROVED and ADOPTED this the nth day of May
A.D., 2003.
TOM REID
MAYOR
ATTEST:
Y NG R I , T MC
Y SECRETARY
APPROVED AS TO FORM:
Crfek—,
DARRIN M. COKER
CITY ATTORNEY
/
f�. Exhibit "A" EXHIBIT
Resolution No. R2003-70 b °� v
.2
CITY OF PEARLAND
UNIMPROVED PROPERTY EARNEST MONEY CONTRACT
1. PARTIES: "BUYER": Amvest Corporation,a Texas corporation,7676 Woodway, Suite 238,Houston,
Texas 77063
"SELLER": The City of Pearland, Texas, a municipal corporation and home-rule
municipality of the State of Texas situated principally in Brazoria County acting
by and through its governing body,the City Council.
2. PROPERTY: The real property situated in Brazoria County, Texas, as described in Exhibit "A" hereto,
together with all rights,privileges and appurtenances pertaining thereto, including any right,
title,and interest of Seller in and to adjacent streets,alleys,and rights-of-way.The property sold
by this contract is called the"Property." The metes and bounds description determined by the
survey of the Property under paragraph 5(b) shall replace any exhibit describing the perimeter
boundaries of the Property if it differs from the exhibit. .
3. SALES PRICE: Cash portion of Sales Price payable by Buyer: $18,750.00 (1.5 acres)
The Sales Price is to be adjusted based upon a survey, calculated on the basis of$12,500.00 per acre of net
area. "Net area"is defined as the total area of the Property exclusive of any portion of the property lying in
any public roadway and any right-of-way or easement, except rights-of-way and easements providing utility
services to the Property. If the survey results in an adjustment of more than 10% of the Sales Price in this
paragraph 3, either party may terminate this contract by written notice to the other party within 10 days after
the terminating party receives the survey.If neither party so terminates this contract or if the variance is 10%
or less,the adjustment to the Sales Price shall be made in the cash portion payable by Buyer.
FINANCING:ALL CASH SALE
5. TITLE POLICY AND SURVEY:
(a) TITLE POLICY: Seller shall furnish to Buyer an Owner Policy of Title Insurance (the Title Policy)
issued by Commerce Land Title,Inc. (the 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 only to those
title exceptions permitted by this contract,or as may be approved by Buyer in writing,and the standard
printed exceptions contained in the promulgated form of Title Policy;provided however that: (1 )the
exception as to area and boundaries shall not be deleted except for any shortages in area at the expense
of Seller; and(2)the exception as to restrictive covenants shall be endorsed"None of Record",unless
restrictions are approved by Buyer. Within 45 days after the Title Company receives a copy of this
contract Seller shall furnish Buyer a commitment for Title Insurance(the Commitment)including copies
of recorded documents evidencing title exceptions. Seller authorizes the Title Company to deliver the
Commitment and related documents to Buyer at Buyer's address.Buyer shall have 15 days after receipt
of the Commitment and legible copies of documents evidencing title exceptions required by this contract
to object in writing to matters disclosed in the Commitment other than the standard printed exceptions
as described or limited in this paragraph.
(b) SURVEY REQUIRED:
Page 1 of 5
Within 45 days after the Effective Date of this contract, Buyer shall furnish to Seller a survey of the
Property dated after the Effective Date of this contract.Buyer shall have 15 days after Buyer's receipt
of the survey to object in writing to any matter which constitutes a defect or encumbrance to title on the
survey or if the survey shows any part of the Property to lie in a 100-year flood plain area.
The survey required by this paragraph 5(b) shall be made by a Registered Professional Land Surveyor
acceptable to the title company and any lender.The survey shall:(i)identify the Property by metes and bounds
or platted lot description;(ii)show that the survey was made and staked on the groundwith corners permanently
marked;(iii)set forth the dimensions and total area of the property;(iv)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; (v) show any
discrepancies or conflicts in boundaries, any visible encroachments, and any portion of the Property lying
within the 100-year flood plain as shown on the current Federal Emergency Management Agency map; and
(vi)contain the surveyor's certificate that the survey is true and correct.
Buyer's failure to object under paragraph 5(a) or 5(b) within the time allowed shall constitute a waiver of
Buyer's right to object except that the requirements in Schedule C of the Commitment shall not be deemed to
have been waived. If objections are made by Buyer,or any third party lender,Seller may,but is not obligated
to cure the objections within 30 days after the date Seller receives them. If objections are not cured by the
Closing Date, this contract shall terminate and the Earnest Money shall be refunded to Buyer unless Buyer
elects to waive the objections.
6. INSPECTIONS AND FEASIBILITY STUDIES: Within 30 days after the Effective Date of this contract,
Buyer may complete or cause to be completed inspections of the Property(including any improvements)by
inspectors of Buyer's choice.Inspections may include but are not limited to: (i)physical property inspections;
(ii)economic feasibility studies; (iii)any type of environmental assessment or engineering study including the
performance of tests such as soils tests,wetlands determinations,or air sampling.Seller shall permit Buyer and
Buyer's inspectors access to the Property at reasonable times. If Buyer determines,in Buyer's sole judgment,
that the Property is not suitable for any reason for Buyer's intended use or is not in satisfactory condition,then
Buyer may terminate this contract by providing written notice of termination and copies of all third party
reports of inspections, studies, or assessments completed or caused to be completed by Buyer under this
paragraph to Seller within the time required to complete the inspections, studies, or assessments under this
paragraph,and the Earnest Money shall be refunded to Buyer.If Buyer does not terminate this contract within
the time required,any objections with respect to the inspections,studies,and assessments under this paragraph
shall be deemed waived by Buyer.If this contract does not close through no fault of Seller,Buyer shall restore
the Property to its original condition if altered due to inspections,studies,or assessments completed by Buyer
or Buyer's inspectors.
Within 30 days after the Effective Date of this contract Seller shall deliver to Buyer:
(1 ) copies of all notes and deeds of trust assumed or taken"subject to"by Seller;
(2) copies of all leases pertaining to the Property, including any modifications, supplements, or
amendments to the leases;
(3) copies of all previous surveys,environmental assessments,feasibility studies,title commitments,
and analyses affecting the Property.
7. CLOSING:
Page 2 of 5
(a) The closing of the sale shall be on or before May 30,2003 (the "Closing Date").
(b) At closing Seller shall furnish:
(1 ) tax statements showing no delinquent taxes on the Property;
(2) a Special Warranty Deed in the form of Exhibit'B"hereto conveying good and indefeasible title
to the Property showing no additional exceptions to those permitted in paragraph 6; and
(3) evidence that the persons executing this contract are legally capable and authorized to bind
Seller.
8. POSSESSION: Seller shall deliver possession of the Property to Buyer on closing in its present condition.
9. SALES EXPENSES: To be paid in cash at or prior to closing as follows:
(a) Survey to be paid by Buyer;
(b)Inspections and feasibility studies to be paid by Buyer;
(c)Title Policy,if requested by Buyer,to be paid by Buyer;
(d)Preparation of Special Warranty Deed to be paid by Buyer;
(e)Tax certificates to be paid by Buyer;
(f)Recording fees to be paid by Buyer.
10. PRORATIONS AND ROLLBACK TAXES:
(a) Interest on any assumed(loan,current taxes,and any rents 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 taxes shall be made on the basis of taxes assessed in the previous year.All
delinquent taxes due and owing on the Property shall be paid by Seller at or prior to closing.
(b) Notwithstanding Senate Bill 1033, effective as of September 1,1997, which waives open-space land
roll-back taxes for a transfer of land to a political subdivision to be used for a public purpose,if this sale
or use of the Property after closing results in the assessment of additional taxes for periods prior to
closing,the additional taxes shall be the obligation of Buyer.Obligations imposed by this paragraph shall
survive closing.
11. DEFAULT: If Buyer fails to comply with this contract, Buyer shall be in default. Seller as its sole and
exclusive remedy may terminate this contract and receive the Earnest Money as liquidated damages only,
thereby releasing the parties from this contract. If Seller is unable without fault to deliver the Commitment
within the time allowed,Buyer may either terminate this contract and receive the Earnest Money as the sole
remedy or extend the time for performance up to 10 days and the Closing Date shall be extended accordingly.
If Seller fails to comply with this contract for any other reason, Seller shall be in default and Buyer as its sole
remedy may terminate this contract and receive the Earnest Money,thereby releasing the parties from this
contract.
12. ATTORNEY FEES: If Buyer, Seller,or Escrow Agent is a prevailing party in any legal proceeding brought
under or with relation to this contract or this transaction, such party shall be entitled to recover from the
non-prevailing parties all costs of such proceeding and reasonable attorney fees. The provisions of this
paragraph shall survive closing.
Page 3 of 5
13. ESCROW: 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 contract 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 entitled thereto.At closing,the Earnest Money shall be applied first to any cash down payment,
then to Buyer's closing costs and any excess 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.
14. MATERIAL FACTS: Seller shall convey the Property on closing: (i) with no liens, assessments, or other
security interests against the Property which will not be satisfied out of the Sales Price unless securing payment
of any loans assumed by Buyer;(ii)without any assumed loans in default;and(iii)with no parties in possession
of any portion of the Property as lessees,tenants at sufferance,or trespassers except tenants under the written
leases delivered to Buyer pursuant to this contract.
15. NOTICES: All notices shall be in writing and effective when hand-delivered,mailed by certified mail return
receipt requested,or sent by facsimile transmission to:
Buyer: Seller:
Amvest Corporation The City of Pearland, Texas
7676 Woodway, Suite 238 3519 Liberty Drive
Houston,Texas 77063 Pearland,Texas 77581
Attn: Clinton Wong Attn:_
16. FEDERAL TAX REQUIREMENT: If any Seller is a "foreign person," as defined by applicable law, or if
Seller fails to deliver an affidavit that any Seller is not a"foreign person,"then Buyer shall withhold from the
sales proceeds at closing an amount sufficient to comply with applicable tax law and deliver the same to the
Internal Revenue Service,together with appropriate tax forms. Internal Revenue Service regulations require
filing written reports if cash in excess of specified amounts is received in the transaction.
17. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute
related to this contract that may arise. If the dispute cannot be resolved by negotiation,the dispute shall be
submitted to mediation before the parties resort to arbitration or litigation and a mutually acceptable mediator
shall be chosen by the parties to the dispute who shall share the cost of mediation services equally.
18. AGREEMENT OF THE PARTIES: This contract shall be binding on the parties, their heirs, executors,
representatives,successors,and assigns.This contract shall be construed under and in accordance with the laws
of the State of Texas.This contract contains the entire agreement of the parties and cannot be changed except
by written agreement. If this contract is executed in a number of identical counterparts, each counterpart is
deemed an original and all counterparts shall,collectively,constitute one agreement.Buyer may not assign this
contract.
19. TIME: Time is of the essence in this contract. Strict compliance with the times for performance stated in this
contract is required.
20. EFFECTIVE DATE:The Effective Date of this contract for the purpose of performance of all obligations shall
be the date this contract is receipted by the Escrow Agent after all parties have executed this contract.
21. EARNEST MONEY: Within three(3)business days after the date of this Contract,One Thousand and no/100
Page 4 of 5
Dollars($1,000.00)in the form of cash or company check shall be deposited,by Buyer,with Texas American
Title Company ("Title Company"),whose address is 6671 S.W.Freeway, Suite 400,Houston,Texas,77074,
Attn:Doug Dabbs,as Escrow Agent. In the event Buyer fails to deliver the Earnest Money as herein provided,
this Contract shall,at the election of Seller,be null and void and neither party shall have any further obligations
hereunder.
ATTEST: AMVEST CORPORATION, BUYER
By:
Name: Clinton F. Wong,President
ATTEST: CITY OF PEARLAND, SELLER
By:
Name: Name:
RECEIPT
On this day, ,Escrow Agent acknowledges receipt of
(a) Contract; and(b)Earnest Money in the form of
Escrow Agent
By:
Address:
Phone:
Page 5 of 5
FIELD NOTE DESCRIPTION
OF A 1.5000 ACRE TRACT OUT OF A 7.5000 ACRE SITUATED IN LOT 42 OF THE OF THE
ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 19 OF THE
H T. & B. RAILROAD COMPANY SURVEY, ABSTRACT 243 BRAZORIA COUNTY, TEXAS
AS RECORDED IN VOLUME 2, PAGE 23 AND 24 OF THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGIN AT A POINT IN THE CENTERLINE OF A 40' WIDE DEDICATED ROAD BEING IN THE
WEST LINE OF LOT 42 MARKING THE SOUTHWEST CORNER OF HEREIN DESCRIBED
TRACT, SOUTHWEST CORNER OF SAID 7 5000 ACRE TRACT AND THE NORTHWEST
CORNER OF A 2 5036 ACRE TRACT THAT BEARS N. 00°17'36" W 131.01' FROM THE
COMMON CORNER OF LOT 26, 27, 42 AND 43 OF SAID SUBDIVISION
THENCE N. 00°17'36" W WITH THE CENTERLINE OF SAID 40' ROAD AND
COMMON LINE OF LOTS 26 AND 42 A DISTANCE OF 78.56' TO A POINT MARKING THE
NORTHWEST CORNER OF HEREIN DESCRIBED TRACT.
THENCE S. 89°51'30" E. PARALLEL TO THE SOUTH LINE OF SAID 7.5000 ACRE
TRACT A DISTANCE OF 831.74' TO A POINT IN THE EAST LINE OF LOT 42 AND WEST
LINE OF A 40' WIDE DRAINAGE DITCH RECORDED IN VOL. 1332, PG. 1352, OF THE DEED
RECORDS OF BRAZORIA COUNTY, TEXAS.
THENCE S. 00°21'24" E. WITH THE WEST LINE OF SAID 40 DRAINAGE DITCH AND
EAST LINE OF LOT 42 A DISTANCE OF 78.56 TO A POINT MARKING THE SOUTHEAST
CORNER OF HEREIN DESCRIBED TRACT, THE SOUTHEAST CORNER OF SAID 7.5000
ACRE TRACT AND THE NORTHEAST CORNER OF A 2.5036 ACRE TRACT.
THENCE N. 89°51'30" W. WITH THE COMMON LINE OF SAID 2.5036 ACRE TRACT
AND SAID 7 5000 ACRE TRACT A DISTANCE OF 831.82 TO THE POINT OF BEGINNING OF
HEREIN DESCRIBED TRACT. CONTAINING 1.5000 ACRES OF LAND.
APr// Si zoo
CITY OF PEARLAND
UNIMPROVED PROPERTY EARNEST MONEY CONTRACT
1. PARTIES: "SELLER":
"BUYER":
Amvest Corporation, a Texas corporation, 7676 Woodway, Suite 238, Houston,
Texas 77063
The City of Pearland, Texas, a municipal corporation and home -rule municipality of
the State of Texas situated principally in Brazoria County acting by and through its
governing body, the City Council.
2. PROPERTY: The real property situated in Brazoria County, Texas, as described in Exhibit "A" hereto, together
with all rights, privileges and appurtenances pertaining thereto, including any right, title, and
interest of Seller in and to adjacent streets, alleys, and rights -of -way. The property sold by this
contract is called the "Property." The metes and bounds description determined by the survey
of the Property under paragraph 5(b) shall replace any exhibit describing the perimeter
boundaries of the Property if it differs from the exhibit.
3. SALES PRICE: Cash portion of Sales Price payable by Buyer: $93,750.00 (7.5 acres)
The Sales Price is to be adjusted based upon a survey, calculated on the basis of $12,500 00 per acre of net area.
'Net area" is defined as the total area of the Property exclusive of any portion of the property lying in any public
roadway and any right-of-way or easement, except rights -of -way and easements providing utility services to the
Property. If the survey results in an adjustment of more than 10% of the Sales Price in this paragraph 3, either
party may terminate this contract by written notice to the other party within 10 days after the terminating party
receives the survey. If neither party so terminates this contract or if the variance is 10% or less, the adjustment
to the Sales Price shall be made in the cash portion payable by Buyer.
FINANCING ALL CASH SALE
5. TITLE POLICY AND SURVEY:
(a) TITLE POLICY: Seller shall furnish to Buyer an Owner Policy of Title Insurance (the Title Policy) issued by
Commerce Land Title, Inc. (the 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 only to those title exceptions
permitted by this contract, or as may be approved by Buyer in writing, and the standard printed exceptions
contained in the promulgated form of Title Policy; provided however that (1) the exception as to area and
boundaries shall not be deleted except for any shortages in area at the expense of Seller; and (2) the
exception as to restrictive covenants shall be endorsed "None of Record", unless restrictions are approved
by Buyer. Within 45 days after the Title Company receives a copy of this contract Seller shall furnish Buyer
a commitment for Title Insurance (the Commitment) including copies of recorded documents evidencing title
exceptions. Seller authorizes the 1 itle Company to deliver the Commitment and related documents to Buyer
at Buyer's address. Buyer shall have 15 days after receipt of the Commitment and legible copies of
documents evidencing title exceptions required by this contract to object in writing to matters disclosed in the
Commitment other than the standard printed exceptions as described or limited in this paragraph
(b) SURVEY REQUIRED:
Within 45 days after the Effective Date of this contract, Seller shall furnish to Buyer a survey of the Property
dated after the Effective Date of this contract. Buyer shall have 15 days after Buyer's receipt of the survey to
object in writing to any matter which constitutes a defect or encumbrance to title on the survey or if the survey
shows any part of the Property to he in a 100-year flood plain area.
The survey required by this paragraph 5(b) shall be made by a Registered Professional Land Surveyor acceptable
to the title company and any lender. The survey shall: (i) identify the Property by metes and bounds or platted lot
description; (ii) show that the survey was made and staked on the ground with corners permanently marked; (ui) set
forth the dimensions and total area of the property; (iv) show the location of all improvements, highways, streets
Page 1 of 4
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; (v) show any discrepancies or conflicts in
boundaries, any visible encroachments, and any portion of the Property lying within the 100-year flood plain as
shown on the current Federal Emergency Management Agency map; and (vi) contain the surveyor's certificate that
the survey is true and correct.
Buyer's failure to object under paragraph 5(a) or 5(b) within the time allowed shall constitute a waiver of Buyer's right
to object except that the requirements in Schedule C of the Commitment shall not be deemed to have been waived
If objections are made by Buyer, or any third party lender, Seller may, but is not obligated to cure the objections
within 30 days after the date Seller receives them. If objections are not cured by the Closing Date, this contract shall
terminate and the Earnest Money shall be refunded to Buyer unless Buyer elects to waive the objections.
6. INSPECTIONS AND FEASIBILITY STUDIES* Within 30 days after the Effective Date of this contract, Buyer may
complete or cause to be completed inspections of the Property (including any improvements) by inspectors of
Buyer's choice. Inspections may include but are not limited to: (i) physical property inspections; (ii) economic
feasibility studies; (iii) any type of environmental assessment or engineering study including the performance of tests
such as soils tests wetlands determinations, or air sampling. Seller shall permit Buyer and Buyer's inspectors
access to the Property at reasonable times. If Buyer determines, in Buyer's sole judgment, that the Property is not
suitable for any reason for Buyer's intended use or is not in satisfactory condition, then Buyer may terminate this
contract by providing written notice of termination and copies of all third party reports of inspections, studies or
assessments completed or caused to be completed by Buyer under this paragraph to Seller within the time required
to complete the inspections, studies, or assessments under this paragraph, and the Earnest Money shall be
refunded to Buyer. If Buyer does not terminate this contract within the time required any objections with respect
to the inspections, studies, and assessments under this paragraph shall be deemed waived by Buyer If this
contract does not close through no fault of Seller Buyer shall restore the Property to its original condition if altered
due to inspections, studies, or assessments completed by Buyer or Buyer's inspectors.
Within 30 days after the Effective Date of this contract Seller shall deliver to Buyer:
(1) copies of all notes and deeds of trust assumed or taken "subject to" by Seller;
(2) copies of all leases pertaining to the Property, including any modifications, supplements, or amendments
to the leases;
(3) copies of all previous surveys, environmental assessments, feasibility studies, title commitments, and
analyses affecting the Property.
7. CLOSING:
(a) The closing of the sale shall be on or before February 15, 2001 (the "Closing Date").
(b) At closing Seller shall furnish:
(1) tax statements showing no delinquent taxes on the Property;
(2) a Special Warranty Deed in the form of Exhibit "B" hereto conveying good and indefeasible title to the
Property showing no additional exceptions to those permitted in paragraph 6; and
(3)
evidence that the persons executing this contract are legally capable and authorized to bind Seller.
8. POSSESSION: Seller shall deliver possession of the Property to Buyer on closing in its present condition.
9. SALES EXPENSES: To be paid in cash at or prior to closing as follows:
(a) Survey to be paid by Seller;
(b) Inspections and feasibility studies to be paid by Buyer;
(c) Title Policy to be paid by Seller;
(d) Special Warranty Deed to be paid by Seller;
(e) Tax certificates to be paid by Seller;
(f) Recording fees to be paid as applicable by Seller and Buyer.
Page 2 of 4
10. PRORATIONS AND ROLLBACK TAXES:
(a) Interest on any assumed loan, current taxes, and any rents 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 taxes shall be made on the basis of taxes assessed in the previous year All delinquent taxes due
and owing on the Property shall be paid by Seller at or prior to closing.
(b) Notwithstanding Senate Bill 1033, effective as of September 1, 1997, which waives open -space land roll -back
taxes for a transfer of land to a political subdivision to be used for a public purpose, if this sale or use of the
Property after closing results in the assessment of additional taxes for periods prior to closing, the additional
taxes shall be the obligation of Seller. Obligations imposed by this paragraph shall survive closing.
11. DEFAULT: If Buyer fails to comply with this contract, Buyer shall be in default Seller as its sole and exclusive
remedy may terminate this contract and receive the Earnest Money as liquidated damages only, thereby releasing
the parties from this contract. If Seller is unable without fault to deliver the Commitment within the time allowed,
Buyer may either terminate this contract and receive the Earnest Money as the sole remedy or extend the time for
performance up to 10 days and the Closing Date shall be extended accordingly. If Seller fails to comply with this
contract for any other reason, Seller shall be in default and Buyer as its sole remedy may terminate this contract
and receive the Earnest Money, thereby releasing the parties from this contract.
12. ATTORNEY FEES: If Buyer, Seller, or Escrow Agent is a prevailing party in any legal proceeding brought under
or with relation to this contract or this transaction, such party shall be entitled to recover from the non -prevailing
parties all costs of such proceeding and reasonable attorney fees. The provisions of this paragraph shall survive
dosing.
13. ESCROW: 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 contract 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
entitled thereto. At closing, the Earnest Money shall be applied first to any cash down payment then to Buyer's
closing costs and any excess 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
14. MATERIAL FACTS: Seller shall convey the Property on closing: (i) with no liens, assessments, or other security
interests against the Property which will not be satisfied out of the Sales Price unless securing payment of any loans
assumed by Buyer, (ii) without any assumed loans in default; and (iii) with no parties in possession of any portion
of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases delivered
to Buyer pursuant to this contract.
15. NOTICES: All notices shall be in writing and effective when hand -delivered, mailed by certified mail return receipt
requested, or sent by facsimile transmission to:
Buyer:
The City of Pearland, Texas
3519 Liberty Drive
Pearland, Texas 77581
Attnr Darrin Coker
Seller:
Amvest Corporation
7676 Woodway, Suite 238
Houston, Texas 77063
Attn: Clinton Wong
16. FEDERAL TAX REQUIREMENT* If any Seller is a "foreign person " as defined by applicable law, or if Seller fails
to deliver an affidavit that any Seller is not a "foreign person," then Buyer shall withhold from the sales proceeds at
closing an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service
together with appropriate tax forms. Internal Revenue Service regulations require filing written reports if cash in
excess of specified amounts is received in the transaction.
17. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related
to this contract that may arise. If the dispute cannot be resolved by negotiation, the dispute shall be submitted to
mediation before the parties resort to arbitration or litigation and a mutually acceptable mediator shall be chosen
by the parties to the dispute who shall share the cost of mediation services equally.
Page 3 of 4
18. AGREEMENT OF THE PARTIES: This contract shall be binding on the parties, their heirs, executors, representa-
tives, successors, and assigns. This contract shall be construed under and in accordance with the laws of the State
of Texas. This contract contains the entire agreement of the parties and cannot be changed except by written
agreement If this contract is executed in a number of identical counterparts, each counterpart is deemed an
original and all counterparts shall, collectively, constitute one agreement. Buyer may not assign this contract.
19. TIME: Time is of the essence in this contract. Strict compliance with the times for performance stated in this
contract is required.
20. EFFECTIVE DATE: The Effective Date of this contract for the purpose of performance of all obligations shall be
the date this contract is receipted by the Escrow Agent after all parties have executed this contract.
21. MISCELLANEOUS: Seller retains the option to purchase all or part of the Property from Buyer, provided such
purchase complies with applicable provisions of Vernon's Texas Code Annotated, Chapter 272, regulating the
exchange of land by political subdivisions.
ATTEST:
Printed Name.
Title: VICE \cetit y
ATTEST:
AMVEST CORPORATION, SELLER
By:
Printed Name.
CITY OF PEARLAND, BUYER
By:
4& ,/i,1
Alan R. Mueller
Interim City Manager
RECEIPT
On this day, , Escrow Agent acknowledges receipt of
(a) Contract; and (b) Earnest Money in the form of
Escrow Agent
By:
Address:
Phone:
Page 4 of 4
FIELD NOTE DESCRIPTION
OF A 7.500 ACRE TRACT BEING THE NORTH 7.500 ACRES OF LOT 42 OF THE
ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 19 OF THE
H. T. & B. RAILROAD COMPANY SURVEY, ABSTRACT 243 BRAZORIA COUNTY, TEXAS,
AS RECORDED IN VOLUME 2, PAGE 23 AND 24 OF THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT A 1/2" IRON ROD FOUND IN THE CENTERLINE OF A 40' WIDE DEDICATED
ROAD ( UNOPENED) MARKING THE NORTHWEST AND BEGINNING CORNER OF HEREIN
DESCRIBED TRACT AND THE COMMON CORNER OF LOT'S 25 26, 41 AND 42 OF SAID
S UBDIVISION ALSO BEING THE SOUTHWEST CORNER OF ALBERT A. LEAZER etux
TRACT RECORDED IN VOLUME 662, PAGE 77, OF THE DEED RECORDS OF BRAZORIA
COUNTY, TEXAS.
THENCE S. 89°51'30" E. WITH THE COMMON LINE OF LOT'S 41 AND 42 AT 215.16'
PASS A IRON ROD WITH CAP STAMPED GULLETT AND AT 588.75' PASS A 1/2" IRON
ROD FOUND AT THE SOUTHEAST CORNER OF LOT 41 AND SOUTHWEST CORNER OF
LOT 41-A THE TRACIE TERRANCE McDERMOTT TRACT RECORDED UNDER C.C.F
97-038451, OFFICIAL RECORDS, CONTINUING FOR A TOTAL DISTANCE OF 831.39 TO A
3/4" IRON PIPE FOUND IN THE WEST LINE OF THE DONALD R. MURRAY TRACT
RECORDED IN VOL 1470, PG 13 DEED RECORDS, MARKING THE NORTHEAST
CORNER OF HEREIN DESCRIBED TRACT AND COMMON CORNER OF LOTS 41-A, 42, 57
AND 58
THENCE S. 00°21'24" E. WITH THE COMMON LINE OF LOT'S 42 AND 58 AND
WEST LINE OF SAID MURRAY TRACT AND WEST LINE OF ROBERT D AND CYNTHIA L.
JILLETT TRACT RECORDED UNDER C.C.F. No 97-009666 OFFICIAL RECORDS, THE
LAWRENCE A. ALDERMAN. etux TRACT RECORDED IN VOL. (86) 265, PG. 18, OFFICIAL
RECORDS LAWRENCE A. AND CHARLENE ALDERMAN TRACT RECORDED UNDER
C C.F. No 96-023875 OFFICIAL RECORDS, A DISTANCE OF 392 87 TO A 5/8" IRON ROD
S ET WITH CAP STAMPED LANEY-RPLS 1718 MARKING THE SOUTHEAST CORNER OF
HEREIN DESCRIBED TRACT. AND NORTHEAST CORNER OF A 2.5036 ACRE TRACT.
THENCE N. 89°51'30" W. PARALLEL TO THE NORTH LINE A DISTANCE OF 831.82'
TO A 5/8" IRON ROD SET WITH CAP STAMPED (LANEY RPLS 1718) BEING IN THE
COMMON LINE OF LOT'S 42 AND 26 AND THE CENTERLINE OF A 40' WIDE DEDICATED
ROAD MARKING THE SOUTHWEST CORNER OF HEREIN DESCRIBED TRACT AND
N ORTHWEST CORNER OF A 2.5036 ACRE TRACT ALSO BEING IN THE EAST LINE OF
PARADISE CEMETARY TRACT RECORDED IN VOL. 600, PG. 726, OF THE DEED
RECORDS OF BRAZORIA COUNTY, TEXAS.
THENCE N. 00°17'36" W. WITH THE COMMON LINE OF LOT'S 26 AND 42 A
DISTANCE OF 392.87 TO THE POINT OF BEGINNING OF HEREIN DESCRIBED TRACT.
CONTAINING 7.5000 ACRES OF LAND.
Alan Mueller
10/23/2003 02:11 PM
To: Christina Abbott/COP@ci.pearland.tx.us
cc:
Subject: Re: Resolution R2003-70 contract[
We have closed on that property. I gave the check to Finance to deposit. I do not have a copy.
Christina Abbott
Christina Abbott
10/21/2003 05:09 PM
Mr. Mueller,
To: Alan Mueller/COP@ci.pearland.tx.us
cc:
Subject Resolution R2003-70 contract
I am doing an inventory of our holding drawer. Would you have any information on the
contract/agreement w/Amvest Corp. for Unimproved Property Earnest Money R2003-70 - dated
05/12/03?
Thanks,
Christina
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EXISTING DRAINAGE DITCH
THIS PLAT REPRESENTS A SURVEY MADE ON THE GROUND UNDER MY SUPERVISION
AND CORRECTLY REPRESENTS THE FACTS AS FOUND AT THE TIME OF THIS SURVEY.
THERE ARE NO ENCROACHMENTS OF IMPROVEMENTS, VISABLE EASEMENTS OVER OR
ACROSS NOR CONFLICTS OF BOUNDARY LINES OTHER THAN SHOWN, AND THAT THIS
PROFESSIONAL SERVICE CONFORMS TO THE CURRENT TEXAS SOCIETY OF PROFESSIONAL
SURVEYORS STANDARDS AND SPECIFICATIONS FOR A CATEGORY 1A, CONDITION II,
SURVEY.
J. RAY LANEY, REG. PROFESSIONAL LAND SURVEYOR NO. 1718
2018 MUSTANG LANE
ROSHARON, TEXAS 77583 (281) 489-8445
100
PLAT SHOWING
100
SCALE: 1" - 100'
A 1 5000 ACRE TRACT OUT OF LOT 42 OF THE ALLISON-RICHEY GULF COAST
HOME COMPANY SUBDIVISION OF SECTION 19, OF THE H. T. & B. RAILROAD
COMPANY SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS, AS RECORDED IN
VOL. 2, PG. 23 AND 24 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS.
1.500 ACRE TRACT BEING THE SOUTH 78.56' OF 7.500 ACRE TRACT.
"NOTE"
THIS PLAT IS FOR REFERENCE ONLY FOR 1.5000 ACRE TRACT, A SURVEY WILL
FURNISHED AFTER CLEARING IS COMPLETE.
200
30