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HomeMy WebLinkAboutPACKET JUNE 6, 2017BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 6, 2017 1:30 P.M. CONSENT AGENDA Approval of minutes — May 30, 2017 Confirmation of committee appointments BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 6, 2017 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider a resolution authorizing the City Manager to apply for and receive funding through the Department of Homeland Security 2017 Port Security Grant (PSGP) Program 2. Consider a resolution authorizing the City Manager to execute an Earnest Money Contract and other related documents for the sale of city -owned property located at 320 College Street 3. Consider amending Sec. 2.02.001 of the Code of Ordinances and adding Division 12 Sec. 2.02.300 to Sec. 2.02.302 to create a Beaumont Youth Advisory Council COMMENTS * Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager comment on various matters EXECUTIVE SESSION X Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Complaint of Extenet Systems, Inc. Against the City of Beaumont for Violations of Chapter 283 of the Texas Local Government Code; Public Utility Commission of Texas Docket No. 46914 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777. D June 06, 2017 Consider a resolution authorizing the City Manager to apply for and receive funding through the Department of Homeland Security 2017 Port Security Grant (PSGP) Program BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 6, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding through the Department of Homeland Security 2017 Port Security Grant (PSGP) Program. BACKGROUND The Port Security Grant that is being applied for would include the following four (4) projects: Project 1 — Required Radio Maintenance The cost of this project is approximately $781,449 which would cover the required annual maintenance service to the regional radio system. There is a 25% local match but since the required annual maintenance costs are allocated to each participating jurisdiction based on the number of radios (also known as subscriber units) each uses, the match requirement for that project will be divided between jurisdictions. Thus, the local match for the City will be approximately $65,362. Project 2 — EOC Elevator Repairs The cost of this project is approximately $250,000 and would cover the cost to refurbish an out -of -service elevator in the Municipal Court Building. Currently, only one elevator serves the three floors that are occupied. A local match of 25% is required at an estimated cost to the City of $62,500. Project 3 — Phase II EOC 3rd Floor Remodel The cost of this project approximately $120,000 to complete Phase II of the 3rd floor construction of the EOC to include walls and a ceiling drop for one large classroom. The ceiling drop would include applicable lighting and new fire sprinkler heads. A local match of 25% is required at an estimated cost to the City of $30,000. Project 4 — Mobil Radios The cost of this project is approximately $250,000 to replace approximately 55 mobile and portable radios for police and fire that are past end -of -life. A local match of 25% is required at an estimated cost to the City of $62,500. FUNDING SOURCE Capital Reserve Fund FY2018. If the grant is awarded, a local match of approximately $220,362 would be required from the City of Beaumont. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive funding in the amount of $1,401,449.00 through the Department of Homeland Security 2017 Port Security Grant Program (PSGP) BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to apply for and accept grant funding through the Department of Homeland Security 2017 Port Security Grant Program (PSGP) in the amount of $1,401,449.00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2017. - Mayor Becky Ames - 2 June 06, 2017 Consider a resolution authorizing the City Manager to execute an Earnest Money Contract and other related documents for the sale of city -owned property located at 320 College Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director —M MEETING DATE: June 6, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Earnest Money Contract and other related documents for the sale of city -owned property located at 320 College Street. • �;Sl�Z�11���� On February 25, 2014, City Council passed Resolution No. 14-043 accepting the bid submitted by Wheeler Commercial formerly known as NAI Wheeler for an annual contract for real estate broker services to list and sell City -owned property. Wheeler Commercial has secured one (1) potential buyer who is interested in purchasing city -owned property located at 320 College Street. The subject property is listed at $275,000.00 and has been on the market for 790 days. After reviewing the Earnest Money Contract, it is in the best interest of the City of Beaumont to execute the Earnest Money Contract with Dr. Hervy H. Hiner, Jr. with a cash offer in the amount of $260,000.00. Dr. Hervy H. Hiner, Jr. will deposit $5,000.00 as earnest money to Texas Regional Title for a feasibility period of 45 days. If Dr. Hervy H. Hiner, Jr. terminates the earnest money contract, $4,000.00 of the earnest money will not be refunded to Dr. Hervy H. Hiner, Jr. The date of closing will be thirty (30) days after the expiration of the feasibility period. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. TEXAS ASSOCIATION OF REALTORSO COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOTAUTHORIZED. ©Texas Association of REALTORS®, Inc. 2016 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller City o1-Beaumant Address: 801 Main Street, Beaumont, TX 77701 Phone: (409)880-3152 E-mail: ahardy(Mbeaumonttexas.gov Fax: Other: Buyer: Dr. Hervy H. Hiner Jr. Address: 1750 9th Avenue, Port Arthur, TX 77642 Phone: (409)719-2227 E-mail: hhhinerCcD-gmall.com Fax: (409)982-7805 Other: 409-985-8857 2. PROPERTY: A. "Property" means that real property situated in Jefferson County, Texas at 320 College Street, Beaumont, TX 77701 (address) and that.is legally described on the attached Exhibit A or as follows: B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights-of-way; (2) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and (3) Seller's interest in -all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (if mineral rights are to be reserved an appropriate addendum should be attached.) 3. SALES PRICE: A. At or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing ........................ $ 260,000.00 (2) Sum of all financing described in Paragraph 4 .................... $ (3) Sales price (sum of 3A(1) and 3A(2)) ........................... $ 260;000.00 (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buye4d , Page 1 of 13 Wheeler Commercial, 470 Orleans Street; 12th Floor Bcaumont,TX77701 Phone: 409-899-3300 Fax: 409499-3301 320College - Erim Goss Produced with zipFonm®by ApLogix 18070 Fifteen Mile Road, Fraser, Michigan 49026 www.AuLcmix.com Commercial Contract - Unimproved Property concerning 320 Cel lege Streo-t Beaumont TX 77709 B. Adjustment to Sales Price: (Check (1) or (2) only.) 0 (1) The sales price will not be adjusted based on a survey. F] (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. The sales price is calculated on the basis of $ per: (I) square foot ofF1 total area [] net area. (ii) acre of [] total area [] net area. (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area less any area of the Property within: ❑(1) public roadways; (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and F] (iii) (c) If the sales price is adjusted by more than % of the stated sales price, either party may terminate this contract by providing written notice to the other party within days after the terminating party receives the survey. If neither party terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer, 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: ❑ A. Third Patty - Financing: One or more third party loans in the total amount of$ This contract: (1) is not contingent upon Buyer obtaining third party financing. (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TAR -1931). FIB. Assumption: in accordance with the attached Commercial Contract Financing Addendum (TAR -1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ ❑ C. Seller Financing The delivery of a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (TAR -1931) in the amount of 6. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ $6,000-00 as earnest money with Texas Regional Title Company- (title company) at T675 Folsom, Bldg 100, Beaumont, TX (address) Molly Mallet (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ with the title company to be made part of the earnest money on or before: H(i) _ days after Buyers right to terminate under Paragraph 713 expires; or (ii) Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. (TAR -1802) 1-1-16 Initiated for Identification by Seller_, and Buyera— , Page 2 of 13 Produced with 7JpFonrA by z!pLo& 18070 Fifteen We Road, Fraser, Michigan 48026 wwwziD1.2gLX-c0M 320CoUg.- Commercial Contract - Unimproved Property. concerning 320 College Street, Beaumont, TX 77701 . C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6, TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (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, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: X� (a) will not be amended or deleted from the title policy. , (3) Within 30 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 company to deliver the commitment and related documents to Buyer at Buyer's address. B. SSurvev:Within 30 days after the -effective date: ❑ (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTA/ACSM Land' Title Survey standards, .or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer (insert amount) of the cost of the survey at closing, if closing occurs. ❑ (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: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the Y appropriate conditiori. Buyer Buyer's RI (3) Seiler will -deliver to Buyer and the title company a true and correct copy of SLmost recent /ysurvey of the Property along with an affidavit required by the title company rova f the��existing survey. If the existing survey is not acceptable to the title company,at S811806gayer expense, will obtain_a new or updated survey acceptable to the title comps y and deliver the Seller acceptable survey t dyer and the title company within 20 days after Seller ceives notice that dne. the existing survey is not acceptable to the title company. The closing date will be extended daily u f - up to 20 days if. necessary for Salle F to deliver an acceptable'survey within the time required. 9tPn will ..,.:..,ti..r6e cell,,.i:. ., .t e n ,... �t r ar. s+ f+t, ,... .... a a,.-.3 atd Buyer C. Buver's Objections to the Commitment and Survev: (1) Within 10 days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title 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 that an part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by F If Paragraph 613(1) applies, (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 3 of 13 Produced with zlpFormO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 .v x. 320 Coltege- Commercial Contract - Unimproved Property concerning 320 College Street, Beaumont, TX 77701 Buyer is deemed to receive the survey on the earlier of. (I) the date of Buyer's actual receipt of the survey; or (ii) of the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 7B(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: Property being sold "AS -IS" B. Feasibilify Period: Buyer may terminate this contract for any reason within 45 days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) '❑X (1) If Buyer terminates under this Paragraph 76, the earnest money will be refunded to Buyer less $1000.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this - Paragraph 7B(1) or if -Buyer fails to deposit the independent consideration. Buyer will not have the right to terminate under this Paragraph 7B. ❑ (2) Not later than 3 days after the effective date, Buyer must pay Seller $ as independent consideration for Buyers right to ,terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 713, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is ' stated in this Paragraph 7B(2) or if Buyer fails to pay the earnest money. Buyer will not have the right to terminate under this Paragraph 7B. C. Inspections. Studies, or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections,. studies, or assessments of the Property (including all improvements and - fixtures) desired by Buyer. (2) 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 inspeefions, studies, or assessments that Buyer completes or causes to be completed. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 4 of 13 Produced with zipFormO by zlpLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.v L 320 College - Commercial Contract -Unimproved Property concerning 320 G-011ege Street Beaumont. TX 77701 (3) Except for those_ matters that arise from the 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, or assessments, including any property damage or personal injury. 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: (1) Delivery of Property Information: Within days after the effective date, Seller will deliver to Buyer: (Check all that apply.) ❑ (a) copies of all current leases pertaining to the Property, including any modifications, supplements, or amendments to the leases; ❑ (b) 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; ❑ (c) copies of all previous environmental assessments, geotechnical reports, studies, or analyses made on or relating to the Property; (d) copies property tax statements for the Property for the previous 2 calendar years; (e) plats of the Property; (f) copies of current utility capacity letters from the Property's water and sewer service provider; and ❑ (g) (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) ❑ (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; ❑ (b) delete or destroy all electronic versions of those items. described in Paragraph 71)(1) that Seller delivered to Buyer or Buyer copied; and Q (c) deliver copies 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 transfer or 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 2B 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: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or 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 advance sums paid by a tenant under any lease; (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (TAR -1 802) 1-1-16 Initialed for Identification by Seller and Buyea Page 5 of 13 Produced with zipForm® by zipLoga 18070 Fdteen Mile Road, Fraser, Michigan 48021w iF� 49ix.mm $20 couege - Commercial Contract - Unimproved Property concerning $20 College Stregt, Beau ons, TX 77701 (5) 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, Seller will deliver to Buyer estoppel certificates signed not earlier than by each tenant that leases space in the Property. The estoppel certificates must include the certifications contained in the current version of TAR Form 1938 - Commercial Tenant Estoppel Certificate and any additional information requested by a third party lender providing financing under Paragraph 4 if the third party lender requests such additional information at least 10 days prior to the earliest date that Seiler may deliver the signed estoppel certificates. 9. BROKERS: A. The brokers to this sale are: Principal Broker* KenWheel, Inc. dba Wheeler Cooperating Broker: Champion Real Estate Group Commercial Agent: Erica C. Goss Agent: Tony C. Hiner Address: 470 Orleans Street, 12th FL Address: 6117 Richmond Avenue, 9120 Beaumont, TX 77701 Houston, TX 77057 Phone & Fax: (409)899-3300 (409)899-3301 Phone & Fax: E-mail: egoss(M-wheeler-commercIaLcom E-mail: WWI g&oLcom License No.; 679943 License No.: 544462 Principal Broker. (Check only one box.) Cooperating Broker represents Buyer. firl represents Seller only. represents Buyer only. is an intermediary between Seller and Buyer. B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 13 only if (1) is selected.) [] (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. FXJ (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of. Cooperating Broker a total cash fee of. 3,000 - % of the sales price. M%f 3,000 - % of the sales price. The -cash fees will be paid in Jefferson ❑ County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. (TAR -1802) 1-1-16 Initialed for Identification by Seller_, and Buye4z— , Page 6 of 13 Produced wfth zipForrrO by zlpLogix 18070 Fifteen Mile Road, Fraser, Michigan 48628n 320 0DIlege - Commercial Contract- Unimproved Property concerning .32QC*,lle9q$tr0Mt Beaumont. TX777()l 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) X 30 days after the expiration of the feasibility period. (specific date). (2) 7 days after objections made under Paragraph 6C have been cured or waived. B. If either party fails to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15. C. At closing, Seller Will execute and deliver, at Seller's expense, a F] general FRI special warranty deed. The deed must include a vendors lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against. the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract_ D. At closing, Seller, at Sellers expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller, (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (1) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii} deliver the amount to the Internal Revenue Service (I RS) together With appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenants security deposit; and (b) specifies the exact dollar amount of the security deposit (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repair's Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landiord-tenant at sufferance re� io riship between the parties. I (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 7 of 13 Produced with zipFornM by 2jpLoglx 18070 Fifteen Mile Road, Fraser, Michigan 48028 . . 320 College- Commercial Contract -Unimproved Property concerning 3 � 20 CollegR Streot 1jeaumont _TX 77701 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (if special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: ,(I) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Bgyer's Expenses Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyers lender; (5) one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. 43,.- ReIjbaele-_T4wes if Gelle0s use ef ehaRge in use ef the PFIE)peRy 19efere elesing Fesub in the assessment ef addifienal ta)(es, penalties, eF inteFest (assessmet4s) fef peFieds befere elesing, the-, assessments will la6the ebligatiefi ef t4ge SelleF. if this sale eF SwyeOs use of the PFepe" aftef elesin Fesults in additienai assessfnei#s faf pefieds befer-e elesing, the assessfAepAs vAll be the elgligatien a Buyef. This Pafegraph 4413 sufAves elesing. Gr Rent and 8@euF#Y Qgpftosi! At elesin@, GelleF will tendeF te Buyef all seewFity depesits and the fellewing adyafiee payments reeeived G__-_. fei: per4eds afteic elesing- prepaid expenses, advaigee renta payments, and ethef. I meffts paid 6y tenants. Rents pfefated te ene pefty but FeeeiYeEl b the ethei; paft vAll be I el I I-- "e Feeipient te the pa4y te whem it was pizefeled within 6 Elays afte the fent is feeelved. This Paregfaph 4 4G suwivesi elesing. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 8 of 13 Produoed With z[pFom* by ApLollix 18074 Fifteen Mile Road, Fraser, Michigan 48028 wWW An, wix corn 320 College- Commercial Contract- Unimproved Property concerning 320 College Street, BeaumontTX 77701 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(3) which Seller may pursue; or (Check if gfiabl ) B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 713(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: ermina a tnis contract an red ceive the earnest money, less any m e pendent consideration under Paragraph 76(1), as liquidated damages and as Buyer's sole remedy; or (2) enforce specific performance, or seek such other relief as may be provided by law, or both. 16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 7B(1), will be -refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller. and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company 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. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. -If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release, of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 76(1) before disbursing any earnest money to Buyer and will pay the independent.consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby eleases the title company from all claims related to the disbursal of the earnest money. (TAR -1802) 1-1-16 Initialed for Identification by Seller m and Buyer Page 9 of 13 Produced with zipForm& by zipLogix 18070 Fl$een Mile Road, Fraser, Michigan 48026 320 College - Commercial Contract - Unimproved Property concerning 320 College Strew, TX 77701 E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (i) damages; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. G. [] SellerE] Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange `so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. 44R,r MATERIA6 FAGT-Gi Te the best ef Selle0s lfne�Medge apel Wief- (Gheek ef*, efle he*-.) A- seiief is net awaFe ef any mater4al defeets W the PFepeft e)Eeept as stated ifi the a#aeheEl GemfnepeW PfepefPy Genditien Statemei:A ffAR 4498). r] a- E*eept as etheFwise pFev ided in this eemtraet, Seller- is flet awaFe ef- {4} any stibsaffaee- s#wetums, pits, warAe, spr4n@s, eF impmvefnents* f2} any peadiiig ef: thFeatened litigatien, eendemnatien, eF as ess.;tRient. affeeting the RFepeFty-; f3� any enyiFenfnentel hai!afds eF eendifiens that matefially affeel the Pfepel`ty; whethei: the Pr-epeft iS eF haS been used feF the etei;age er- dispesal ef hazefdeus fflateNals 8 texie waste, a dtifflp Site 9F landfill, BF afly wREIeF@FewnEI tanits eF eenteinei:s; {6} whethef FadeH, es6estes eentaining miateNals, - EiFea feffnaldehyde feam insulatien, lead based paint, texie Fneld oe the eAent that it adveFsely affeets the health ef 9FElimeff eeebipaRte), 8F ethe pellutaRts eF eentaminants ef any fiatufe i9ew exist eF evef exieted en the PFepefty; >i the PfepeFt!,F,- any threatened eF endangered speeiesler-theif habRat en the Piepeftyt,. (8} any pi:esent eF perA iRfestatieR ef weed destfaying inseets in the PFope*'e impiceveme any eentemplated mate0al ehanges te 4he RFepeft er- 6UFMUl9diR@ WeO that Webild Ffl8tef4aIlY'aR detAmerdelly affeet the eFdiFtafy use oF t1he PFepeFky6,- (49)any eenelifien en the Pfepeft thi# VleleteS aRy laW eF eFdinanee. (Desefffie af�y ex-eeptiens te H (49) AR Pcwa"h 49 of aii addeflektm.) 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when' hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. HA. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 24, E)ISPUTE RESG614TION; The paFtiery agFee te ne@etiate ifi geed faith'in an effeFt te Feselve any di felated te this eerAmO 4hat may afise. if the dispute eannet be received by negetiatien, the pafties YAII submit the dispute te mediation befgFe FesBFIiR@ tO aF134FBWA or- jitigeNen md YAII eEtbiall"hare the east of a FAtittially aseeptalgle Riediater- T-19jr, paFagFel3k-emwives tefffiii9atien e4 this,eentmet. This p9Fa@Faph dees fiet preelude a pa"em seeltiftly equitable felief fFerfl a eeui4 ef eeffipetent jur4sdiefien.,-. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buye Page 10 of 13 Produced with ApFarmlD by zlpLogix 18070 Fifteen Mile Road, Fraser. Michigan 48028 zLl 324 college- Commercial Contract - Unimproved Property concerning a22College Street. Bmumont TX 77701 If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that apply,) IR -111 (1) Property Description Exhibit identified in Paragraph 2; (2) commercial contract Financing Addendum (TAR -1931); (3) Commercial Property Condition Statement (TAR -1408); (4) Commercial Contract Addendum for Special Provisions (TAR -1 940); (5) Notice to Purchaser of Real Property in a Water District (MUD); (6) Addendum for Coastal Area Property (TAR -1995); (7) Addendum TAR-1915)- endum for Property Located Seaward of the Gulf Intracoastal Waterway (TAR -1916); X(8) Information About Brokerage Services (TAR -2501); and X (9) DD6 (Note. Counsel for the Texas Association of REALTORSO (JAR) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by TAR are appropriate for use with this form.) E. Buyer may El may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyers selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to 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 to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is descri Paragraph 2 of this contract. rAbin. (TAR-1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 11 of 13 Produced with zlPForft0by7jPLoglx 19070 Fifteen Mile Road, Fraser, Michigan 4$026 320 College- Commercial Contract- Unimproved Property concerning 320 College Street. Beaumont 7X 777QI D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located Within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified 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. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. H. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." 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 accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on 3 the offer will lapse and become null and void. 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 transaction. CONSULT your attorney BEFORE signing_ Seiler: City Qf eaumQnt By: By: By (signature): Printed Name: Kyle Haves Title: City Manager By (signature): Printed Name: Title: By: By (signature): Printed Name: Title: (TAR -1802) 1-1-16 Page 12 of 13 Produced whh 7JpForrnS by zlptogix 18070 FiReen Mile Road, Fraser, Michigan 48028 =N.4LQ2k&9M 320 college - Commercial Contract -Unimproved Property concerning 320 College Street, Beaumont, TX 77701 AGREEMENT BETWEEN BROKERS (use only if Paragraph 9B(1) is effective) Principal Broker agrees to pay (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: ❑ $ , or ❑ % of the sales price, or ❑ % of the Principal Broker's fee. The title company 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. Principal Broker: Cooperating Broker: By: By: Seller's attorney: Address: Phone & Fax: E-mail: ATTORNEYS Buyer's attorney: Address: Phone & Fax: E-mail: Seller's attorney requests copies of documents, Buyer's attorney requests copies of documents, notices, and other information: notices, and other information: the title company sends to Seller. the title company sends to Buyer. Buyer sends to Seller. H Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of: A. the contract on this day (effective date); B. earnest money in the amount of $ in the form of on Title company: Address: By: Phone & Fax: Assigned file number (GF#): E-mail: (TAR -1802) 1-1-16 Page 13 of 13 Produced with zlpForm(D by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zil)Lociix.com 320 College- 1:11..;A;4'1� .... . ...... q .. .. ..... I y i7 MROM ji4 i!,�, flom". .7 `a K RIP:yy A4- RM n, ;Z_- I'CTf• IlaW."'g-T fm q, al, P: r:0.1., to ZMM I Z_- 1-heNt'ON-4, iA PJP _m=; �, mv�i , S;f.x W-4, `V= fi r& �rrmmr gp, N j "'M; &• - I �7.i _;r6 PL -M, R K. 0, mv:I. oylg �qpg� :Wv` "'MST. �zt oo; vT 0 t WININ.,4. 3o ­ too rf,�,FMt-NSU x I MWR R.. MR F,;�, m"J"W., Y"!P 1�wu gF, wo, Ell M� ow I q Pit'. I 7ZT.4 E", EXHIBIT A mi Stand mid -M."A"4-h-lit i TmIMN-Gioy 6waim a xbbiwm�u w, -wo am P - if", i-.-- a-- - 4 mi "ju 'Ad I.. .611 'ald. g M. . Ilk -.. A A ON 6QAYA�>t.� etre m1w laq:.Sb �utlfiwat A - o bi vast ON bh 4DAilk M, 4af i J my, am a wl -At., JI WO4."-, r w. -- 1P mv Y M." . AZ R I Al ffi0- 2 - A. R sirs ft I'I,ti�c;Q»brsad jt�srrx Wn -GAjoAft-i! pass-pqmf 11/2/2015 0 Information About Brokerage, Services o*0WVWr Texas law requires allreal estate licensees to give the following information about brokerage services to prospective buyers, tenants, sellers and landlords, TYPES OF REAL ESTATE LICENSE HOLDERS: • A BROKER is responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker. • A SALES AGENT must be sponsored by a broker and works with clients on behalf of the broker. A BROKERS MINIMUM DUTIES REQUIRED BY LAW (A client is the person or party that the broker represents): • Put the interests of the client above all others, including the brokers own interests; • Inform the client of any material information about the prop" or transaction received by the broker, • Answer the clients questions and present any offer to or counter-offer from the client; and • Treat all parties to a real estate transaction honestly and fairly, A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE TRANSACTION: AS AGENT FOR OWNER (SELLERILANDLORD): The broker becomes the property owners agent through an agreement With the owner, usually in a written listing to sell or property management agreement. An owners agent must perform the brokers minimum duties above and must inform the owner of any material information about the property or transaction known by the agent, including information disclosed to the agent or subagent by the buyer or buyer's agent. AS AGENT FOR BUYERITENANT* The broker becomes the buyer/tenant's agent by agreeing to represent the buyer, usually through a written representation agreement. A buyer's agent must perform the brokers minimum duties above and must inform the buyer of any material information about the property or transaction known by the agent including information disclosed to the agent by the seller or sellers agent AS AGENT FOR BOTH - INTERMEDIARY. To act as an intermediary between the parties the broker must first obtain the written agreement of each party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or underlined print, set forth the brokers obligations as an intermediary. A broker who acts as an intermediary: Must treat all parties to the transaction Impartially and fairly, • May, with the parties! written consent, appoint a different license holder associated with the broker to each party (owner and buyer) to communicate with, provide opinions and advice to, and carry out the instructions of each party to the transaction. Must not unless specifically authorized in writing to do so by the party, disclose'. • that the owner will accept a price less than the written asking price; • that the buyer/tenant will pay a price greater than the price submitted in a written offer, and • any coincidental information or any other information that a party speclifioally instructs the broker in writing not to disclose, unless required to do so by law. AS SUBAGENT: A license holder acts as a subagent when siding a buyer in a transaction without an agreement to represent the buyer. A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH: • The brokers duties and responsibilities to you, and your obligations under the representation agreement • Who will pay the broker for services provided to you, when payment will be made and how the payment will be calculated. LICENSE HOLDER CONTACT INFORMATION. This notice is being provided for information purposes. It does not create an obligation for you to use the brokers services. Please acknowledge receipt of this notice below and retain a copy for your records. KenWheoll, Inc. dba Wheeler Commercial 679943 llwheeller@ wheeler-commerolial.com (499)899-3300 Licensed Broker /Broker Firm Name or License No. Email Phone Primary Assumed Business Name Lee Y. Wheeler, 111 467066 lwhee]oL@,whecier-commorcial.com (40)899-3300 Designated Broker of Firm License No- Email Phone Lee Y. Wheeler, Hi 467056, [wheele[@_whooler-cominercial.com--- (4001899-3300 Licensed Supervisor of Sales Agent/ License No- Email Phone Associate Erica C. Goss 623639 emossowheeler-cornmerclall.com (409)899-3300 Sales Agent/Associate's Na4/// License No. Email Phone 6/11,7 yt,r briant/Seller/Landlord Initials Date Regulated Regulated by the Texas Real Estate Co mission Information available at www.troo.texas.gov IABS 1-0 Date Wheeler Commercial, 470 Orleans Str--412th Floorlkaumont,TK77701 Phone: 409-899-33DO Faic 409499-3301 3200011ege- Erlea Goss Produced with OpFomO by zipW& 18070 Fifteen Wde Road, Fraser, Michigan 48025 www-z1oLQglX.com 11/212015 1211, *Information About Brokerage Services WnAXWONSW Texas law requires all real estate licensees to give the following information about brokerage services to prospective buyers, tenants, sellers and landlords. TYPES OF REAL ESTATE LICENSE HOLDERS: A BROKER is responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker • A SALES AGENT must be sponsored by a broker and works with clients on behalf of the broker. A BROKER'S MINIMUM DUTIES REQUIRED BY LAW (A client is the person or party that the broker represents): • Put the interests of the client above all others, including the brokers own interests, Inform the client of any material information about the property or transaction received by the broker, • Answer the clients questions and present any offer to or counter-offer from the client; and Treat all parties to a real estate transaction honestly and fairly. A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE TRANSACTION: AS AGENT FOR OWNER (SELLERILANDLORD): The broker becomes the property owner's agent through an agreement with the owner, usually in a written listing to sell or property management agreement. An owners agent must perform the broker's minimum duties above and must inform the owner of any material information about the property or transaction known by the agent including information disclosed to the agent or subagent by the buyer or buyers agent AS AGENT FOR BUYERITENANT- The broker becomes the buyer/tenants agent by agreeing to represent the buyer, usually through a written representation agreement. A buyer's agent must perform the brokers minimum duties above and must inform the buyer of any material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or sellers agent AS AGENT FOR BOTH - INTERMEDIARY. To act as an intermediary between the parties the broker must first obtain the written agreement of each party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or underlined print, set forth the brokers obligations as an Interrnediary. A broker who acts as an intermediary: • Must treat all parties to the transaction impartially and fairly, May, with the parties' written consent, appoint a different license holder -associated with the broker to each party (owner and buyer) to communicate with, provide opinions and advice to, and carry out the instructions of each party to the transaction. Must not, unless specifically authorized in writing to do so by the party, disclose- • that the owner will accept a price less than the written asking price; • that the buyer/tenant will pay a price greater than the price submitted in a written offer, and • any coincidental information or any other information that a party specifically instructs the broker in writing not to disclose, unless required to do so by law. AS SUBAGENT. A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the buyer. A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH: • The brokers duties and responsibilities to you, and your obligations under the representation agreement. • Who will pay the broker for services provided to you, when payment will be made and how the payment will be calculated. LICENSE HOLDER CONTACT INFORMATION- This notice is being provided for information purposes. It does not create an obligation for you to use the broker's services. Please acknowledge receipt of this notice below and retain a copy for your records. Champion Real..Estate Group 644462 — Licensed Broker /Broker Firm Name or License No. Email Primary Assumed Business Name Ignacio 0sorlo 390784 Designated Broker of Firm License No. Email tonaolo Osorlo 390784 Licensed Supervisor of Sales Agent/ License No. Email Associate Tony C. Hiner 360847 tch71290ol.corn Sales Agent(Associate's Name License No.e E all 1Z Mer/Mant/Seller"ridlord Initials Odle Phone Phone Phone (7131866-6306 Phone Regulated by the Texas Real Estate Commission Information available at www.trec.texas.gov IABS 1-0 Date Wheeler Commercial, 470 Orleans Streett r2al FloorBtaumontTX77701 Phone: 409-99"300 Far. 409-399-3301 310 College - Erlea Goss Produced whh zipPonnS by 7jpLogic 18070 Fifteen Mile Road. Fraser, Michilian48= yAyw�;dDLoctigcorn NOTICE TO PURCHASERS The real property described below, which you are about to purchase, is located in Jefferson County Drainage District No. 6. The District has taxing authority separate from any other taxing authority and may, subject to voter approval, issue an unlimited rate of tax in payment of such bonds. As of this date, the rate of taxes levied by the District on real property located in the District is 22.0587 cents on each $100 of assessed valuation. The total amount of bonds that have been approved by the voters and which may be issued by the District (excluding refunding bonds and any bonds or portion of bonds payable solely from -revenues received or expected to be received pursuant to a contract with a governmental entity) is $0; however, contract revenue refunding bonds have been approved by the District's Board in the following original amounts Series 2003 - $4,995,000. The aggregate initial principal amount of all bonds of the District payable in whole or part from taxes (excluding refunding bonds and any bonds or portion of bonds payable solely from revenues received or expected to be received pursuant to a contract with a governmental entity) that have been previously issued is $0, however, the current principal amounts of contract revenue refunding bonds outstanding are as follows: Series 2003 Contract Revenue Refunding Bonds - $950,000. The contract revenue refunding bonds are serviced through taxes collected for maintenance and operating. Funds from maintenance and operating are transferred to debt service for annual installments toward payment of the contract revenue refunding bonds. No separate tax is collected for contract revenue refunding bonds. The District does not impose a standby fee. The purpose of this District is to provide drainage or flood control facilities and services within the District through the issuance of bonds payable in whole or in part from property taxes. The cost of these utility facilities is not included in the purchase price of your property, and these utility facilities are owned or to be owned by the District. Date The legal description of the property which you are acquiring is as follows: See Exhibit A (Seller) PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM. The undersigned purchaser hereby acknowledges execution of a binding contract for the purchase of the closing of purchase of the real property. A/ ho Date for to or at This m lies in Zone'X". Zone are areas determined to be property Forsythe Street Found PK Nail North Lamer N43+59'1M � sq! —.� '-. ° I (61.11WdOP.M. Right -Way) Block 40 361.26' Gledts FOe49606601 60 6V I l I I } scale an map. Actuat field elevation not determined WORTECH Land I I eA I I o.P.R.LC. 3$ - 0' 30' 60' 120' 189 y>< p+� ( 191 �i 192 I 193 r ° St .fie I scale: l 60' " ' so ti� I ?ot' t � l fi l f1301s P Ore of said maps. Satin B, �p ���',o City f Beaumont •"' � .'' so I It/o1p°i D.9.J ( I i -- 1n _ — J _ _ _ — L _ _° I — s0� _ clew. FOe4 9517866 4PRLC. Legend 150, r iso' I 0 Power Pole _ _ 15D' 60' — _ — — � Guy Anchor o 194 39 1ss f z South Central Zone '4204' (US Survey foot). All distances and aacreagdes are surface with a combined adustment factor of 1.00007 Ljgh# Pole A 8 B Real Estate, u c 2.1444,keres I Moos ® Water Meter Manhole-r_ Clerk's File 42010018956 154' O.P.R..LC. -_��—L_-1—� :--� so' ! .190 Drain Inlet w I I I I I Delta=l8°43'17° 1a4 .2. Boundary and improvement survey only, no easements. H any, 0 — e6 —Power Phone Pedestal Line I I I Radius=216.37' I i! and—ti-1Cou,, Sign Ill���r s I >~ I ( •Are=70:70' ms P4r1 ED Telephone Junction Box lea ! 187 ( 1as Chord=N09°05'43"E O I County O Electrical Junction Box ! j 70.3$1 Mark Set In Brick 1 ary or Beaumont j Cledts File 0209 05293 r O I I .z I Set 516' I. Rod ( pi7)3 184 Found PK Nait for 60 r({e9� 4 c a 36 Found 4`'- the North concrete Found 518" fmn Rod far the North comer of w/cap comer of Lot 302, Block 48 BSidewalk �` us Stop PK Nail191 • �Abandonment Lot 401, Block 56 of the Original Townsite I of the Original Townsite of •,,.� L c ordinance Number 14-051 I I cof Beaumont Punch Mark BBeeaauumont Gly of Beaumont S46'0 5'1f"W 361.37' -t N46"0511"E 180./60' Set In Brick Punch Ma k SURVEYORS' 60' 60' 401 Delta=53°26'40" inrffpnfl a49 b 56 I Radius --127.74' rich Mark 0' o f B pa j '� • .• . : � _ — Arc=119.15' I Satin Stich vtiismeD 11 yG l .-- Flood Zone Chord=N08113'29"W J 177 I 178 = 179 !.• ! In accordance with the Federal Emergency 9 cy Management Agency. Flood insurance Rate Map: 114.$$1 / 18" I. Rod . I G of Beaumont 'I •' GryotBeaumont N ConEr@ta ° w/cap Cfedts F$e99627Bi8 Ct[Wa F8e4s521718 . .j,Paitdng Lot.: C 7 1 Community No.: 485457 Panel No: 0020C 1/ o i it N46 0511E stamped o.P.R.I,C. official Public Rarards >.''"e 'WORTECH j Jefferson Countya-"I .+' ". W 11r Date of FIRM: August 6, 2002 1491 SURVEYORS' I See Note 5 1 i I This m lies in Zone'X". Zone are areas determined to be property 60 city .1 eeaumant — e — � sq! —.� '-. ° I outside of the 500 -year flood lain. Location on ma determined b y p p Y I Gledts FOe49606601 c • .. % } scale an map. Actuat field elevation not determined WORTECH Land o.P.R.LC. 3$ - Surveyors, Inc. does not warrant nor subscribe to the accuracy or scale Punclt Ma - .. 3 + " ' so to of said maps. Satin B, 182 City f Beaumont •"' � .'' so i -- 1n clew. FOe4 9517866 4PRLC. .a Notes 1. All bearings are based upon the Texas Coordinate System of 1983, Sys r i N _ _ 15D' 60' — _ — — eta 60 South Central Zone '4204' (US Survey foot). All distances and aacreagdes are surface with a combined adustment factor of 1.00007 `a) ly7 t n I C�,ofeeaumont 2.1444,keres I a Clerits File 48606501m O.P.Ru.c. 93411.5 Square Feet I w .2. Boundary and improvement survey only, no easements. H any, si 14 I ( I a researched or shown with the exception of those platted. Ill���r s I >~ a" 176 1 174 172 I o m0 n 3. This survey was performed for the benefit of the City of Beaumont m I 1 ary or Beaumont j Cledts File 0209 05293 r O I .z I Set 516' I. Rod I I pi7)3 4. Title ownership of this parcel unknown. No deed or documents w/cap found that may convey title In the City of Beaumont I i stamped I I Punch Mark 'WORTECH I ( Set In Brick Punch Ma k SURVEYORS' 60' 60' Set in Brick Job No: 2014090 � _ — _ _ _ . _ College Street .-- (variable vdddr Public fUghtoFWay) ! Field Book: 67S 173-77 'o I Surveyor's Certification The undersigned does hereby certify that this survey plat substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category 1B, Urban Condition It survey made under my direct supervision on September 9, 2014, and is being submitted along with the Surveyor's field note description of the property shown hereon, which lies in Jefferson County, Texas, 5.,..^-� Regrstared Professlonal Land Survaydr CE OF +%i.PP et�Re��'yiP _.............................. R_t_CNA_RD L. WORTHEY `•.a 4964•••..•.. {9y °FeaSt �SUR`1� This document not valid without original seal and signature of person certifying I I I N 168 i 169 Y I TOO pPI°ill ty loll f 249 pf B�$` p,00 Z �ajoill p.R'1 37 171 Found — ` — — — —T Iron Pipe 160 Jul l R• gers T re; x !' ra r :ar \. � 1► .n aoil +' ♦ 320: Collage S ! Ast �4 • t-3 0,, �f . . s� a ,K � y Beaumont Public 'Library System Y 4 r;�� RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Earnest Money Contract with Dr. Hervy H. Hiner, Jr. for the sale of property located at 320 College Street; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute all documents necessary for the sale of the property and improvements. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2017. - Mayor Becky Ames - 3 June 06, 2017 Consider amending Sec. 2.02.001 of the Code of Ordinances and adding Division 12 Sec. 2.02.300 to Sec. 2.02.302 to create a Beaumont Youth Advisory Council BEAUMONT T E X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: June 6, 2017 REQUESTED ACTION: Council consider amending Sec. 2.02.001 of the Code of Ordinances and adding Division 12 Sec. 2.02.300 to Sec. 2.02.302 to create a Beaumont Youth Advisory Council. BACKGROUND The purpose of the Beaumont Youth Advisory Council is to provide local youths with the opportunity to develop leadership and citizenship skills while learning about and encouraging involvement with city government. The Advisory Council will be composed of twelve (12) students and would be open to any 10th or 1 Ph grader attending one of six (6) area high schools: • Central Medical Magnet High School • Harmony Science Academy • Legacy Christian Academy • Monsignor Kelly Catholic High School • Ozen Fine Arts and Technology Magnet High School • West Brook High School An administrator from each school would recommend two (2) students to serve on the Advisory Council. These students would then be confirmed by the City Council. FUNDING SOURCE Private donations will be used to fund the activities of the Advisory Council. RECOMMENDATION This item was placed on the agenda at the request of Mayor Becky Ames and Councilmember Audwin Samuel. ARTICLE 2.02 BOARDS, COMMISSIONS AND COMMITTEES1 Division 1. Generally Sec. 2.02.001 Establishment; membership; appointment, term and qualifications of members (a) City boards and commissions and their duties and responsibilities shall be established by ordinance. The size of the membership of the board shall be determined by the city council and, to the extent not conflicting with existing ordinances, members of boards and commissions shall be appointed for two-year terms, unless otherwise specified. Boards and commissions shall contain an odd number of members with each councilmember having an equal number of nominations to the committee except that the mayor may nominate one additional member. Appointments shall be by the city council for two-year terms effective October 1 of odd -numbered years. Appointments made to fill vacancies will expire September 30 of odd -numbered years. (b) The mayor shall appoint the chair and vice -chair of all boards and commissions when the ordinance establishing the board or commission does not provide otherwise. (c) Persons appointed to advisory committees and commissions must be residents of the city. Persons may serve on no more than two (2) advisory boards and commissions of the city at the same time. (d) All members of boards, committee and commissions shall serve without compensation. (e) All members of boards, committee and commissions shall be subject to removal at the will and pleasure of the city council. (f) These provisions shall not apply to the Beaumont Youth Advisory Council Division 12: Beaumont Youth Advisory Council Sec. 2.02.300 Established (aa) There is hereby established a Beaumont Youth Advisory Council to be composed of twelve (12) members to be confirmed by the Beaumont City Council The members shall be residents of the City of Beaumont and must attend one of the following schools: 1. Central Medical Magnet High School 2. Harmony Science Academy 3. Legacy Christian Academy 4. Monsignor Kelly Catholic High School S. Ozen Fine Arts and Technology Magnet High School 6. West Brook High School _(b) The Advisory Council will be composed of two (2) members from each school listed in section a (c) The members shall meet at least once per month (d) The members serve at the pleasure of the Beaumont City Council Sec. 2.02.301 Duties The duties of the Beaumont Youth Advisory Council shall be advisory in nature and shall consist of the following: 1. Serve as the voice of the youth in the community 2. Serve in an advisory capacity to the Beaumont City Council regarding youth programs and activities 3. Encourage youth to learn about and become involved in city government Sec. 2.02.302 Term Members of the Beaumont Youth Advisory Council shall serve a nine (9) month term beginning in September and concluding in May of the followingyear. Beaumont Youth Advisory Council (BYAC) Mission 1. Encourage youth to learn about and become involved in City government. 2. Serve as the voice of the youth in the community. 3. Serve in an advisory capacity to the Beaumont City Council regarding youth programs and activities. BYAC Structure Twelve (12) students from six (6) schools two (2) from each school Youth Council meets at least once per month at 5:30pm or later. Members are recommended by a school administrator and confirmed by the City Council Members serve nine (9) month terms (September — May) Application Requirements Students must submit an application Must include a letter of rec. from Principal, Assistant Principal, or Counselor Grades 10 & 11 only Must commit to regular and consistent attendance Must be a City of Beaumont resident Must have a minimum GPA of 2.75 Must attend one of these schools Central Medical Magnet High School • Harmony Science Academy • Legacy Christian Academy • Monsignor Kelly Catholic High School • Ozen Magnet High School • West Brook High School Program Requirements Members must complete at least one (1) city -sponsored volunteer or community service project Example: Participate in the Trash -Off or volunteer to help with the Calder 5k; or volunteer at Animal Shelter, Library, Best Years Center or another City Department Make a presentation to the City Council at the end of the year regarding a new program, service, or youth related issue. Members who graduate from the BYAC will become "alumni members" Staffing City should assign one Council liaison and one or more staff liaisons to work together to manage the program Funding All expenses will be paid for by private parties Removal from BYAC Students can be removed from the Council for the following reasons Having three (3) unexcused absences from scheduled meetings Falling below the minimum GPA requirements • Disruptive or disrespectful behavior during scheduled events • Disciplinary infractions Calendar of Events (Tentative) EVENT Introduction, Orientation, & City Overview (MANDATORY) Tour City Facilities Httena uiiy L-ouncii ivieeiing Dinner with Council and sponsors (social event) Meet a Police Staff Member Meet a Fire Staff Member NLC Conference Community Service Project 7-k it -F -F U--+ Next Steps Send documents to School Principals Letter of Introduction • Two (2) copies of the application • Informational Flyer Other documents as directed by the Council Liaison ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 2.02, SECTION 2.02.001 AND ADDING A NEW DIVISION 12, SECTIONS 2.02.300, 2.02.301, AND 2.02.302 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO MAKE CHANGES AND ADDITONS RELATING TO BEAUMONT YOUTH ADVISORY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY.. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 2, Article 2.02, Section 2.02.001 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding a new Subsection 2.02.001(f) to read as follows: (f) These provisions shall not apply to the Beaumont Youth Advisory Council. Section 2. THAT Chapter 2, Article 2.02 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding a new Article 2.02, Division 12, Sections 2.02.300, 2.02.301 and 2.02.302 to read as follows: Division 12: Beaumont Youth Advisory Council Sec. 2.02.300 Established (a) There is hereby established a Beaumont Youth Advisory Council to be composed of twelve (12) members to be confirmed by the Beaumont City Council. The members shall be residents of the City of Beaumont and must attend one of the following schools: 1. Central Medical Magnet High School 2. Harmony Science Academy 3. Legacy Christian Academy 4. Monsignor Kelly Catholic High School 5. Ozen Fine Arts and Technology Magnet High School 6. West Brook High School (b) The Advisory Council will be composed of two (2) members from each school listed in Section (a). (c) The members shall meet at least once per month. (d) The members serve at the pleasure of the Beaumont City Council. Sec. 2.02.301 Duties The duties of the Beaumont Youth Advisory Council shall be advisory in nature and shall consist of the following: 1. Serve as the voice of the youth in the community 2. Serve in an advisory capacity to the Beaumont City Council regarding youth programs and activities 3. Encourage youth to learn about and become involved in city government Sec. 2.02.302 Term Members of the Beaumont Youth Advisory Council shall serve a nine (9) month term, beginning in September and concluding in May of the following year. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code or Ordinance of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2017. - Mayor Becky Ames —