1997-175 ORDINANCE NO. G~ e[ _ I ~-~
AN ORI~INANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND
MICHAEL TYRONE EBRON; AUTHORIZING TBE CITY MANAGER TO EXECUTE
ANY AND ALL DOCUMENTS NECESSARY TO CONSUMMATE THE PURCHASE
OF REAL PROPERTY IN ACCORDANCE WITB SAID CONTRACT; AUTHORIZING
THE EXPENDITURE OF FUNDS AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L That the City Manager is authorized to execute a contract between the City
of Denton and Michael Tyrone Ebron, a copy of which Is attached hereto and incorporated by
reference herein
SECTION H That the City Manger is authorized to execute any and all documents
necessary to consummate the purchase of real property in accordance with said Contract
SECTION HI. That the City Council hereby authorizes the expenditure of funds as
provided in the Contract
SECTION IV. That this or&nance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the }"]'~x day of
1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between Michael Tyrone
Ebron (hereinafter referred to as "Seller") and CITY OF DENTON,
TEXAS, a home rule municipality, of Denton, Denton County, Texas,
(hereinafter referred to as "Purchaser"), upon the terms and
conditions set forth herein
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby
purchases and agrees to pay for lots 1 and 3, Block 4, Solomon Hill
Addition No 3 an addition in Denton County, Texas according to the
map or plat of record in Volume 183, Page 84, Deed Records of
Denton County, Texas the rights and appurtenances pertaining to the
property, including any right, title and interest of Seller in and
to adjacent streets, alleys or rights-of-way (all of such real
property, rights, and appurtenances being hereinafter referred to
as the "Property"), together with any improvements, fixtures, and
personal property situated on and attached to the Property, for the
consideration and upon and subject to the terms, provisions, and
conditions hereinafter set forth
PURCHASE PRICE
1 ~mount of Purchase Price The purchase price for the
Property shall be the sum of $10,000 00
2 Payment of Purchase Price The full amount of the purchase
price, minus any escrow, shall be payable in cash at the closing
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the trans-
actions contemplated hereby are subject to the satisfaction of each
of the following conditions any of which may be waived in whole or
in part by Purchaser at or prior to the closing
1 Preliminary Title Report Within twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the Title Company (hereinafter defined) to issue a pre-
llmlnary title report (the "Title Report") accompanied by copies of
all recorded documents relating to easements, rights-of-way, etc ,
affecting the Property Purchaser shall give Seller written notice
on or before the expiration of ten (10) days after Purchaser
celves the Title Report that the condition of title as set forth in
the title binder is or is not satisfactory, and in the event Pur-
chaser states the condition is not satisfactory, Seller shall, at
Seller's option, promptly undertake to eliminate or modify all
unacceptable matters to the reasonable satisfaction of Purchaser
In the event Seller is unable to do so within ten (10) days after
receipt of written notice, this Agreement shall thereupon be null
and void for all purposes and the Escrow Deposit shall be forthwith
returned by the Title Company to Purchaser, otherwise, this con-
dition shall be deemed to be acceptable and any ob]ectlon thereto
shall be deemed to have been waived for all purposes
2 Survey Purchaser may, at Purchaser's sole cost and
expense, obtain a current survey of the Property, prepared by a
duly licensed Texas land surveyor acceptable to Purchaser The
survey shall be staked on the ground, and shall show the location
of all improvements, highways, streets, roads, railroads, rivers,
creeks, or other water courses, fences, easements, and rights-of-
way on or adjacent to the Property, if any, and shall contain the
surveyor's certification that there are no encroachments on the
Property and shall set forth the number of total acres comprising
the Property, together with a metes and bounds description thereof
Purchaser will have ten (10) days after receipt of the survey
to review and approve the survey In the event the survey is
unacceptable, then Purchaser shall within the ten (10) day period,
give Seller written notice of this fact Seller shall, at Seller's
option, promptly undertake to elIminate or modify the unacceptable
portions of the survey to the reasonable satisfaction of Purchaser
In the event Seller is unable to do so within ten (10) days after
receipt of written notice, Purchaser may terminate this Agreement,
and the Agreement shall thereupon be null and void for all purposes
and the Escrow Deposit shall be returned by the Title Company to
Purchaser Purchaser's failure to give Seller this written notice
shall be deemed to be Purchaser's acceptance of the survey
3 Seller's Compliance Seller shall have performed, ob-
served, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as follows,
which representations and warranties shall be deemed made by Seller
to Purchaser also as of the closing date
1 There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, or trespassers
2 Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or asses-
sment affecting the Property, or any part thereof, nor to the best
knowledge and belief of Seller is any such proceeding or assessment
contemplated by any governmental authority
PAGE 2
3 Seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof
4 To the best of the seller's knowledge, there are no toxic
or hazardous wastes or materials on or w~than the Property Such
toxic or hazardous wastes or materIals include, but are not lamlted
to, hazardous materials or wastes as same are defined by the
Resource Conservation and Recovery Act (RCRA), as amended, and the
Comprehenslve Environmental Response Compensation and Liability Act
(CERCLA), as amended
CLOSING
The closing shall be held at the off~ce of Dentex Title
Company on or before July 1, 1997, or at such t~tle company, t~me,
date, and place as Seller and Purchaser may mutually agree upon
(which date ~s herein referred to as the "closing date")
CLOSING REQUIREMENTS
1 Seller's Reau~rements At the closing Seller shall
A Deliver to Purchaser a duly executed and acknowledged
General Warranty Deed conveying good and marketable t~tle
· n fee simple to all of the Property, free and clear of any
and all liens, encumbrances, conditIons, easements, assess-
ments, and restrictions, except for the following
1 General real estate taxes for the year
of closing and subsequent years not yet
due and payable,
2 Any exceptions approved by Purchaser
pursuant to Purchaser's Obl~qatlons here-
of, and
3 Any exceptions approved by Purchaser
· n writing
B Del~ver to Purchaser a Texas Owner's T~tle Policy at
Seller's sole expense, ~ssued by Dentex Title Company, (the
"Tltle Company"), or such title company as Seller and
Purchaser may mutually agree upon, an Purchaser's favor an
the full amount of the purchase price, ~nsur~ng Purchaser's
fee simple t~tle to the Property subject only to those
title exceptions listed ~n Closanq Requirements hereof,
such other exceptlons as may be approved ~n writing by
Purchaser, and the standard prlnted exceptIons contalned in
the usual form of Texas Owner's T~tle Policy, provided,
however
PAGE 3
1 The boundary and survey exceptions
shall be deleted if required by Purchaser
and if so required, the costs associated
with same shall be borne by Seller,
2 The exception as to restrictive cove-
nants shall be endorsed "None of Record",
3 The exception for taxes shall be
limited to the year of closing and shall
be endorsed "Not Yet Due and Payable", and
4 The exception as to liens encumbering
the Property shall be endorsed "None of
Record"
C Deliver to Purchaser possession of the Property on the
day of closing
2 Purchaser's Requirements Purchaser shall pay the pay the
consideration as referenced in the "Purchase Price" section of this
contract at Closing in immediately available funds
3 Closlnc Costs Seller shall pay all taxes assessed by any
tax ]urlsdlctlon through the date of Closing
Ail other costs and expenses of closing in consummating the
sale and purchase of the Property not specifically allocated herein
shall be equally shared by Purchaser and Seller
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the consummation of
this Agreement shall be the sole responsibility of Seller, and
Seller agrees to indemnify and hold harmless Purchaser from any and
all claims for these commissions
BREACH BY SELLER
In the event Seller shall fall to fully and timely perform any
of its obligations hereunder or shall fall to consummate the sale
of the Property except Purchaser's default, Purchaser may e~ther
enforce specific performance of this Agreement or terminate this
Agreement
BREACH BY PURCHASER
In the event Purchaser should fall to consummate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being in default Seller may either enforce specific
performance of this Agreement, or terminate this Agreement
PAGE 4
MISCELLANEOUS
1 Asslqnment of A~reement This Agreement may not be
assigned by Purchaser without the express written consent of
Seller
2 Survival of Covenants Any of the representations, war-
rantles, covenants, and agreements of the parties, as well as
any rights and benefmts of the parties, pertalnmng to a permod of
time following the closing of the transactlons contemplated hereby
shall survive the closing and shall not be merged there~n
3 ~otlce Any notice required or permitted to be delivered
hereunder shall be deemed received when sent by United States mall,
postage prepaid, certified mall, return receipt requested, addres-
sed to Seller or Purchaser, as the case may be, at the address set
forth beneath the signature of the party
4 Texas Law to ADDlv Thls Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
all obligations of the parties created hereunder are performable mn
Denton County, Texas
5 Parties Bound This Agreement shall be b~ndlng upon and
inure to the benefit of the parties and their respective he~rs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement
6 Legal Construction In case any one or more of the pro-
visions contained in this Agreement shall for any reason be held to
be mnvalld, illegal, or unenforceable in any respect, said ln-
valmdlty, illegality, or unenforceab~lmty shall not affect any
other provlslon hereof, and thms Agreement shall be construed as if
the lnvalld, illegal, or unenforceable provision had never been
contained here~n
7 Prior A~reements Superseded This Agreement constitutes
the sole and only agreement of the parties and supersedes any prior
understandings or written or oral agreements between the partmes
respecting the w~thln subject matter
8 Time of Essence Time is of the essence mn this Agreement
9 Gender Words of any gender used in this Agreement shall
be held and construed to ~nclude any other gender, and words ~n the
singular number shall be held to ~nclude the plural, and vice
versa, unless the context requires otherwise
10 Memorandum of Contract Upon request of emther party,
both parties shall promptly execute a memorandum of this Agreement
suitable for f~llng of record
PAGE 5
11 Compliance In accordance with the requirements of the
Texas Real Estate License Act, Purchaser is hereby advised that it
should be furnished with or obtain a policy of title insurance or
Purchaser should have the abstract covering the Property examined
by an attorney of Purchaser's own selection
12 Time Limit In the event a fully executed copy of this
Agreement has not been returned to Seller within thirty (30) days
after Seller executes this Agreement and delivers same to
Purchaser, Seller shall have the right to terminate this Agreement
upon written notice to Purchaser
DATED this ~{~ day of ~ , 1997
SELLER PURCHASER
THE CITY OF DENTON, TEXAS
Michael Tyro~ Ebron Ted Benavl e
City Manager
215 E McKlnney
Denton, Texas 76201
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
STATE OF TEXAS
COUNTY OF DENTON
strument was acknowledged before me on this ~---~ day
~000000~0000~000~0~000000~ Nota~ Public zn and for Texas
~ ~My Commission ~plres 04 30 ~998~
PAGE 6
STATE OF TEXAS
CO~TY OF DENTON
Th~ instrument is acknowledged before me, on this /~W'~' day
of~ , 1997 by Ted Benavldes City Manager, of the
City o~'Denton, a municipal corporation, known to me to be the
person and officer whose name is subscribed to the foregoing
· nstrument and acknowledged to me that the same was the act of the
sa~d C~ty of Denton, Texas, a municipal corporation, that he was
duly authorized to perform the same by appropriate ordinance of the
City Council of the City of Denton and that he executed the same as
the act of the sa~d C~ty for purposes and consideration therein
expressed, and ~n the capacity therein s~ ~~
Notary"~5~bllc f~ and/6~ Texas
~ ANN FORS~HE ~u
~My Commission Explr~ ~-19~
AEE008B2
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