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HomeMy WebLinkAboutMiscellaneousr ~ August 4, 1994 TO: City of College Station. Planning & Zoning Commission 1101 Texas Ave. College Station, Texas 77840 :..~.~_ RE: Rezoning Application for 6+ Acre Tract at Southeast Corner of Linda Lane and Harvey Road (State Highway 30) ,,: ,. Dear Planning & Zoning Commissioners, We, the undersigned residents of the Harvey Hillsides Subdivision, respectfully oppose the proposed rezoning of this tract. of land from A-O to C-2. We are very concerned that this Industrial type zoning will devalue our residential property and make our neighborhood a much less desirable place to live. We understand that a C-2 zoning could allow a very wide range of potentially large industrial enterprises to be located on this property- anything from public dog kennels to manufacturing companies. If this tract is zoned C-2, we are very. concerned about what could be developed on this 6+ acres in the future, Since this tract is located on the first and primary entry into the.Harvey Hillsides residential area, it could be a eyesore, depending on what eventually was built there, that everyone would have to drive by every day. We do not think that it is proper to locate an Industrial zone directly against a single-family residential area and would hope that there would be a more compatible buffer zone next to our homes. Even though our residences are not in the City Limits proper, we do hope that our concerns and our property values are taken into consideration when making your decision. Respectfully, Residents of Harvey Hillsides Subdivision e RESIDENTS OF HARVEY HILLSIDES SUBDIVISION Street Address /o /r,s~~ ~~~ f 8 ~©r~ ~cl n~ _~ ~~ ~ ~~ ~, nay-~ ~~ ~~ f ~ l ~~~ rfi ~ ~~~ . ~.. ~~ ~ ~ ~~~ ~J ~1.7 1 C~~~~~~ ~ ~~ ..~- if r' RESIDENTS OF HARVEY HILLSIDES SUBDIVISION ~~ ~ G~a~n o.uJ /CG! , G~'L ~~~-~~ , #z ~~ ~- . ~3 ~ ~ ~3 FYI q `YYl p~ ~~~.-~~-, Ld- ~ ~~~~~ ~~~ ~aV~~M Street Address 21~:~513~^? A<<TIOh! ~=G~"r 3~1~~1~ ~~~. Fri A~~c ~~ }~a 1i:~~ Au~w;;t 3, 1.99 pity c)f Cc~tt~~e Station Pl~nrring ,l:~.iwisic~n p.a. Bcax sg~o 11.01 Texas Avenue Ccykle~e Stttti<}.n~ T~s '~~~~-9-~~'- Attn: ~~;. Sabine un~el Ttl Y?' ~E.3 ~T .~ ~~~e.«f~: A.~ E)VK n~t 'st~ 3.~t ~F g €_ _ -- 1J~ LgA~~yY'o-id~~t. ~ EF VS?~L ~L `~ ~~~jj~~ t/~~L4t t~~ ~~L request .,t£~a :i~; 1E~ {- ~~ = _ = £~" ~ ~`~~T~`~~~ 1ne~~ ~ ~.1t1~~,~1: zt is a hit unc;l.ear ~, ~_ ` Y~ ~,~ ~ ~ ~bk~r ~, ~~~~~``) i~ o~§ not ~~~~~~ like a k~uildin~ t11at wc~ul ~ul~ar~e~ t ~£g~ ~~~~~ ~ _~;e~ za ~_~ ~~~~ t ~f• ~~~ ~'`~ 11e Station. i w~~~ulci ~(ra[~~furp, apt sag>piy~~~p.~~~~~ ~ ~~~ ~_ =~s~_ it ~~~on ~o~• ~:~~n~k~ i1~fpc~p(ert}(y~.a si~~1h n~„s i47~~~i LEiS6iR~ &Fl~GLiJ~af - r..~ ~~F a=_~- ~ ~~ ~~~~~ a~~~~ !-~ ~~°~ ~-~ *~ •~ ~~iW,~l 4SlL ~~triLt~.l/AA ~~ Una t~~, a~E~ ~~` ~~~~t_ a€~ _~~ ~~~ w e.~.~` ~~~~Y`ts s~~~ ~€~~~?~ ~~~~ t)theT ItIVCStUrS. - ~ ~ tef>1d much wei *ktt ~[Pr~ tl~z`~t. C. a`~~.~~i~~ ~t~ ~_~,~_~~. .~ ~,i ~ ~;~~ €f ~ i[?n .. ~,f~ :~~ csc~~ .E~,r~ ~ } k3e[t ~ E;dn ~~~r+`.~1'~ ~~.~ ~e -~ `a~~e ~4~~`*.~" _ ~~ ~t~' ~~~ 4t~ ~~~ ~i~;'.°~1f tfuly d~7~~E~~b~~~ ~~ f.t.~ ~~_~ {;as ~~~fc~~ ~ ~ a`~~t~~€ ~~ 1~1~~~~ tkU not k~0SltdtC tt) ~.€)Ztti3Gt ITi~ if ~ C;rt ~} ~~~` ~~ ~_~, S1Tit;~f~„'1~0 ~~t1Cly Pafker `I'h.f~st~n CPTI1c>m _ _ ___ .~' ` 4 R. ' ~ REQUEST FOR LEGAL ASSISTANCE ~j Research ^ ~ ^ t ,; ~- REQUEST FOR ASSISTANCE SUBMITTED BY: ; ,: Advice ^ DATE: ~9 ~ ~ 'l.. Ordinance ~ Writing ~ DIRECTOR AP ROV -; ~ Contract ~I DEAD INE AND EXPI~4NATION THEREOF: ;~ n I ~ ~ ~ ~ ~- ~ - Writing ^ '~ a ,,` ~ Property :,, ~~ y; ~ ~ ~ /~ Acquisition^ ~ ~ ' ,. ~`"~ y Litigation/ ~~ Potential :EXECUTIVE MEMBER APPROVAL: Litigation ^ EXPLANATION OF FACTS: .° ~z~ y 1 . ~ ,~~ i1 ~ / ~ Y ^UF G' ~ ~ ~~~. ~ i EXPLANATION OF ISSUES: QUESTIONSREGARDING THE ISSUES: STAFF GOAL ON THIS REQUEST: .l ~ SUPPQRTING DOCUMENTATION: - fl `l{1' 'C 3. jslclforms/assist: 04/11 /9d _, `•, CITY tJF CQLLECI/ STATI~hI `~ LEGAL DEPARTMENT / POST OEF~CE BOX 996Q 1101 TEXAS AVENUE COLLAGE STATION, TEXAS 77842x9960 (409)764.3507 MEMORANDUM TO: Natalie Thomas, Planning Technician ~~~~ FROM.: Mary-Margaret Sexton, Assistant City Attorney !~~ RE: Rezoning Ordinance -1..776 Acre Tract, Harvey Hillsides DATE.: July 29, 1994 As .requested, please find attached the rezoning ordinance for the 6.63 acre tract located at Lot 6, Block 4, Harvey Hillsides. The Applicants are Victor and Mark Drozd. If we can be of further assistance, please advise. MMS:jIs Attachment cc: Tom Brymer Elrey Ash js/c/rezone/natalie AGENDA ITEM COVER SHEET REGULAR AGENDA ITEM SUBMITTED BY: Sabine Kuellzel, Staff Plaruier FOR COUNCIL MEETING OF: ` 8-2~-94 :DIRECTOR APPROVAL`: EXECUTIVE TEAM MEMBER APPROVAL: ITEM: Public Hearing and consideration' of a rezoning .request .from. A-O Agricultural .Open to C-2 Commercial-Industrial for b.C3 acres on the southeast corner of SH 30 and Linda Lane.. (94-I I5). The Planning and Zoning Conullission recoilunended denial ITEM SUMMARY:- The subject property is surrounded. to the eastand west by interim A-O zoning and is reflected as' low density resdential'on the Land Use Plain. It also backs up to .developed single family to the south. While some type. of conunercial development may not be ulireasonable for the lots fronting on Harve~~ Road ,in this area, no land use'stud~~ has been adopted that would"change the existing plan. Staff has. received a relatively- large ,amount of opposition from the abutting neighborhood and several people spoke im opposition at-the PBrZ public hearing. STAFF RECOMMENDATIONS: Staff reconunends denial of the request: The Planning and Zoning Commission voted unanimousl}•' to recommend denial FINANCIAL SUMMARY: NA CITY ATTORNEY: RECOMMENDATIONS: NA COUNCIL ACTION DESIRED: Approve or deny the request. SUPPORTING_ MATER[ALS: l . Area map 2. Staff report ~. Application 4: P&Z 111I11UteS ~. Ord111a11Ce J I' '~ I f ii TEXAS ASSOCIATION OF REALTORS® COMMERCIAL EARNEST MONEY CONTRACT (UNIMPROVED PR®PERTY) ®. THIS CONTRACC OF S,1LE is made by and between ~^1• M. Sharks Estate , hereatter referred to as "Seller" and Marl Drozd and Victor Drozd Jr . ,hereafter referred to as "Buyer" .upon the terms, provisions and conditions set forth herein. 1. PURCHASE AND SALE. Seller agrees to sell and convey to Buyer and Buyer agrees to buy from Seller the following prop- Brazos 6.63 acres, Bloc]c 4, ..Harvey. crty situated in -County, Texas, known as `Fti 1 T~idP~, corner of Hwv 3fl -and Linda Lane' (address). ?. PROPERTY.~~~ [z~ a~-r~~- Block 4 Harvey Hi 1 1 ~; 7P~ ,Addition. City of or as described on attached .Exhibit: ``A"; together with all and singular the rights and appurtenances pertaining tq the property, including any might, 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, including but not limited to the following: 3. CONTRACT-SALES PRICE. A. Cash down payment payable at closing (including earnest money) ..........:......... $ 7 , ~ ~ 0, - 0 0 B. Sum of all notes described in Paragraph 4 below ...............................:........ $ 7 0 ~6 5 0.0 0 C. Other ...:..........: - 0 - D. Sales Price (Sum of A. B, and C) :..........: . . .............................:............... $ 7 ~, ~ 0 0 (LO 4. FINANCING CONDITIONS. A. r1SSUMPTION: Buyer .shall assume 'the unpaid balance of that promissory note payable to dated , 19' - .Buyer shall pay the installment payment due after the date of closing: The assumed principal balance at closing will be $ allowing for an agreed.. $ variance. The. cash payable at closing shall be adjusted for the amount of such variance: Buyer shall apply for assumption approval, if necessary or required, within days from the effective date of this contract and shall make every reasonable effort to obtain the same. If the variance exceeds: or the existing interest rate is increased above '% orBuyer is required to pay an assumption fee in excess of $ , or assumption approval cannot be obtained within days from the effective date hereof, this contract may be terminated'at Buyer's option and the Earnest. Money shall be refunded to Buyer without delay. B. TI-IIRD PARTY FINANCING: This contract is subject to approval of a loan for Buyer by a third party in the amount of $ 7 n ti ~ n n n payable at r1Cin+'hlT inter~alsfor not less than 1 f1 years within the initial interest rate not to exceed ca ,~ '%~ per annum, and with each principal. and interest. installment not to exceed $ h 1 7 . 2 ~ [x ]including interest [ ]plus interest, for the first 1 years ~f the loan. Buyer shall apply for the loan within 5 days from the effective date of this contract. and shall make every reasonable effort to obtain approval. If the loan has not been approved within C 0 days from the effective date hereof, this contract shall terminate and'the Earnest Money shall be refunded to Buyer without delay. C. SELLER FINANCING: Buyer shall execute ' a .promissory note or notes to Seller in the principal su;m of $ ,.bearing . ~'i~ interest per annum, and payable: (Check 1, 2 or 3 'oelow) [ ] 1. In one. payment due after the date of the note with interest payable [ ] 2. Installments of $ [ ]including interest [ ]plus interest beginning after the date of the note and continc,~ng at ~~--- intervals thereafter for years when the entire balance of the note shall ~e d. ~ ~;id ... [ ] 3. Interest only in _" ~;~nents for the first. years and thereafter in installments of $ [ . E ~~a~se~g s,,t.crest [ j plus interest beginning intervals thereafter for years wl-ien t~ : retire balance of the note is due and payable. D. OTHER FINANCING: Any Seller tinanced note maybe prepaid in whole or in part at any time without penalty. The lien securing payment of such note will be inferior to any lien securing any loan assumed pursuant to paragraph 4A above. >. EARNEST IvIONEY. A. $ 1 , 0 0 0 . 0 0 is herewith tendered and is w be deposited as Earnest Money with Anerican Title Conpan~,~ , as Escrow Agent. ,Additional Earnest Money, if any. shall be depos- ited with the Escrow Agent on or before n~a 19 in the amount of n~a .Earnest )Honey is deposited with the Escrow Agent with the understanding that Escrow Agent (i) does not assume or have any liability for performance or nonperformance of any party (ii) has the right to require the receipt, release and authorization in writing of all parties before paying the deposit to any. party and (iii) is not liable for interest or other charge on the funds held. If any party unreasonably fails to agree in writing to an appropriate release of Earnest Money, then such party shall be liable to the other parties ('I'.att-031) Z/KS Page 1 of -t Pageti fi~ ~%i= .,~, ~~s... to the extent provided in paragraph 12. At closing, Earnest Money shall be applied. to any cash down payment required, next. to Buyer's closing costs and any excess refunded to Buyer. Before Buyer shall be entitled to'refund of Earnest Money, any actual expenses incurred or paid on Buyer's behalf shall be deducted therefrom and paid to the creditors entitled thereto. B. [ .)Yes [ X) No. The parties .herein agree that the Earnest Money shall be deposited in an account at bearing interest at the highest obtainable rate and the interest shall be credited to h. PROPERTY CONDITIONJINVESTIGA'PION. [ ) .A. Buyer accepts the .Property in "as is" condition. [ x) B. Buyer accepts the Property subject to the Investigation Addendum attached hereto. 7. StiRVEY AND TITLE BINDER. A: Survey [ ] 1. No survey is required. [ ] ?. Seller shall furnish. to Buyer within ten (10) days. from the effective date of this contract. Seller's existing survey of the Property dated 19 - [ x] 3. Within ~ 5 days after the date of this contract, Seller shall, [ ] at Seller's .expense [X ] at Buyer's expense, deliver or cause to be delivered to Buyer and Title Company a copy of acurrent-on-the-ground survey ("Survey") of the Property made by a duly licensed. surveyer reasonably acceptable to Buyer and in a form acceptable to Buyer and the Title Companyissuing the title commitment and Owner's Policy of Title Insurance required herein. If the survey exception (except as to shortages in area) is to be deleted herein, the additional expense for such deletion shall he paid by - p/a .The Survey shall show acreage or square feet, access to the property, the location of all improvements, rights of way, easements, encroachments, atreets, roads, water courses, or fences on or' adjacent xo the Property, if any. If this contract does not close through no fault of Seller, in addition to the other rights of Seller hereunder, Buyer shall pay for the Survey. [ ] i.) If the. price of the Property, pursuant to Paragraph 3, is based upon price per acre, then the Survey shall reflect the total acreage. , [ ] ii.) If the price of the Property, pursuant to Paragraph 3, is based upon price per square foot, then the Survey shall reflect the total square footage. B. Within ~ q days after the .date of this contract.. Seller shall, at Seller's expense, deliver or cause to be delivered to Buyer: (l) .A title commitment ("Title Binder") covering the Property binding the Title Company to issue a Texas Owner's Policy of .Title Insurance on the standard form of policy prescribed. by the Texas State Board of Insurance at the dosing rr the full amount of the pwrhase price; and (2} True; correct, and legible copies of any and. all. instruments. referred to in the Title Binder as constituting exceptions or' restrictions upon the title.. of Seller, if requested by Buyer in writing within ~_/a days of .receipt of the title commitment. (3) A U.C.C. lien search, if applicable. 8..aPPROVAL PERIOD. AND TITLE. A. Buyer `shall have ~ days after the receipt,of both the Survey' and Title Binder to review same and to deliver in writing to Seller such objections as Buyer may have to anything contained therein. Any such item to which Buyer shall not object shall be deemed to be accepted by Buyer. If there are objections` by Buyer, Seller shall in good faith attempt. to atisfy same prior to closing, but Seller shall not be required to incur any cost to do so. If title objections are disclosed, Seller shall have ~ days to cure same. If Seller delivers written notice to Buyer on or before closing date that Seller is unable to satisfy such objections;. or if, for any reason, Seller is unable to convey title in accordance with Section $(B) below, Buyermay either waive'. such objections and accept such.. title as Seller is able to convey or terminate this contract by written notice. to Seller and Earnest Money shall be ' refunded with no Broker's fee due. Zoning ordinances and a lien for current taxes shall not be valid objections to title. B. Seiler representsand warrants to Buyer that at theclosing Seller will have and will convey to Buyer-good and marketable title by General Warranty Deed subjectonly to liens securing debt. created; assumed or taken subject to as part of the consideration, taxes for the current year, and any other reservations,'easements. discrepancies in boundries, encroachments, restrictions or exceptions pre~~iously approved by Buyer in accordance r~i;, Paragraph 8.A. Delivery of the Title Policy pursuant to Section 10 below shall be deemed to fulfill all duties of Seller as to the s~tticiency of title required hereunder; provided however, Seller shall not thereby be released. from the :warranties of .Seller's Deed. 9. NOTICE TO BUYER. At the time of the execution of this ~Wontract, Broker has advised and hereby advises Buyer, by this writing,. that Buyer should be furnished with or obtain ;;, ~ ~surance or if an abstract covering the Property is provided in lieu thereof, Buyer should have said abstractexas~ :, ',, ~r. ;; ~~ i~.iyer's own selection. 10. CLOSING. A. The closing of the sale (theClosing Date}shall -~e ci hr? ___ Auc~tr~i- 1 5 l9 9_4 B. At the closing, Seller shall deliver to [3u•~~r ~. + :~::,r.~ !~~~ri rwit.h VPnd:;r's t~.ien ret4ined if ;ct a cash purchase) conveying the Property, subject only tU lierr~ ~ • c ~ ;tt:d, :~SSUmed or existing as part of the consideration, taxes for the current year, and any other reservations or exc . ~ i~:, .,. ; ateproved by Buyer in accordance with Paragraph 8.A.; (ii) an Owner's Policy of Title Insurance {the'"Title Policy , ;~;utc~ uo Arlo r i r-an Title Comx~any in full amount of the Sales Price. dated as of closing, insuring Buyer's fee simple title to the Property to be good. and indefeasible subject only to those title exceptions permitted herein._or as maybe approved by Buyer in writing, and the standard printed exceptions contained in the usual form cif the Title Policy, .provided. however: (a) .the exception as to area and boundaries shall be in accordance with Paragraph 7_A.?.;(b) theexception as to restrictive covenants shall be endorsed "None of Record";(c)the exception as to .taxes shall be limited to taxes for the current year and subsequent years, and subsequent assessments .for prior years due to changes in land usage or ownership; and (iii) possession ofthP property. C. At the closing- Bttyer shall deliver to Seller (i) the cash portion of the sales price (the Larnest Money being applied thereto) and (ii);each note provided herein, if any, secured by Vendor's and Deed of Trust Liens. D. Unless otherwise provided herein, costs for the Survey, the Title Policy; preparing Deed. all inspections, tax certificates, reports and repairs required of Seller herein, and 1/? of escrow fee. shall be Seller's expense: All other costs and expenses incurred in connection with this contract which are .not recited herein to be the .obligation of Seller, shall be the obligation of Buyer. Unless utherwise paid, before Buyer shall be entitled to refund of Earnest, IVloney, any such costs and expenses shall be deducted therefrom and paid to the creditors entitled thereto, {'i':1K-1131)''-!g~ Page 2 of 4 Pages ,> ~: ._.. 34, SPECIAL PROVISIONS. (This section to include additional factual data relevant to the sale which may include addendums, ncluding any partial releases to be applicable to the property.) This sale is contingent upon the_ t~roper_ty beincc{ rezoned to light commercial us~~cte, Ana a ~avoral?le report on the inspection for contarlinants . ?5. CONSULT YOUR ATTORNEY. This is intended to be a legally binding contract. This contract constitutes the entire agreement between the parties and their real estate .agents, there. being no oral. agreements, representations, conditions, or warranties, express or implied, in addition to this contract. 26. PRINCIPAL DISCLOSURE. [ ]The Buyer of this property is a licensed real estate agent and is acting as a principal in this transaction. [ ]The Seller of this property is a licensed real estate agent and is acting as a principal in this transaction. EXECUTED by Seller on this the day of 19 BROKERS LISTING BROKER By: SELLER LICENSE NO. By: Title Address Telephone EXECUTED by Buyer on this the day of l9 BUYS By: R r ~ 'z-C1~~I, cl l~it~, ~ ~ 1 t y ~ T n C' By: C'O-BROKER LICENSE NO. Title Address ,Telephone ~f $ Earnest I~'~c, y is acknowledged in the form oi_---- Escow Agent_ By [Note: This form has been prepared by Babb & Hanna,. P.C, attorneys for the Texas Association of REALTORS (TAR). Babb & Hanna, P.C. has approved this form. for use by TAR member brokers and salespersons for the purpose-of selling unimproved commercial property. This form has. not been drafted for a specific transaction,. therefore, the parties are advised to consult an attorney of their choice before signing.] ~r:~k-o3ij z/gs Page 4 of A Pages E. Rents and lease commissie~ns, interest, insurance, utility charges, personal property taxes and ad valorem taxes for the t1Yen current year shall be prorated at the closing effective as of the date of closing. If for any reason .utility charges cannot be accurately determined at date of closing for proration purposes, Buyer may postpone proration of utility charges until after closing and at such. time as a statement.. for utility charge is: received. Charges appearing on such statement shall then. be prorated as of the' date of closing, and Seller shall ender in cash the cost ot`all utility charges to the date of closing to Buyer upon demand. tf the closing shall occur before the tax rate is fixed for the then current year, .the. apportionment of the taxes shall be upgn,the basis of thetax rate far the preceding year applied to the latest assessed valuation but any difference in ad valorem taxes for the year of sale actually paid by Buyer shall be adjusted between the parties upon receipt. of written evidence of the payment thereof. If Seller has claimed the benefit of laws permitting a special use .valuation for the purposes of payment of ad valorem. taxes on the property, the Seller represents that. he was legally entitled to claim such benefits. If this sale or buyers use of the property after closing results in the assessment of~ additional taxes for prior years, such additional taxes shall he the obligation ot: the Buyer and such obligation shall survive closing. F. If Buyer is to assume an existing loan, .Buyer shalt pay any transfer fee as provided in Paragraph 4. Buyer shat(execute, at the option and expense of Seller. a Deed of Trust to Secure Assumption with a Trustee named by Seller. G. If the Property is situated within a utility district subject to the provisions of Section ~0. ~O1, Texas Water Code, then at or prior to the. closing, Seller agrees to give Buyer the written notice required by said Section and Buyer agrees to sign-and acknowledge the notice to evidence receipt thereof. 1 1. BROKER'S FEES: [ ~ ] A. C''1 arl-P Pv W~nriham Tnc• Listing Broker ( 3 ~%) and Rra~naT,anr~ Rt?a1 t-v, Tnr Co-Broker ( 3 _%) as Real Estate Broker (the Broker) has negotiated this sale and Seller agrees to pay. Broker in Brazos County, Texas, on :.consummation of this sale a total cash fee of $ or h %~ of the totaLSales Price, which Escrow Agent shall pay from the sale proceeds. [ - ] B. Seller agrees to pay Listing Broker the tee specified by separate agreement between Listing Broker and Seller. Escrow Agent is authorized and directed to pa}' Listing Broker said fee from the sale proceeds. 12. DEFAULT. If Buyer fails to comply herewith, Seller.. may either enforce specific performance or terminate this contract and receive the Earnest Money as liquidated damages: one-halfof which (but not exceeding the. Broker's fee recited in Section 17) shall be paid by Seller to Broker in full payment for B'roker's services. [f Seller is unable without fault to deliver Title Policy or to make any non-casualty repairs required herein within the time herein specified, Buyer may either terminate this contract and receive the Earnest Money as the sole remedy, and no Broker's fee shall be earned. or extend the time up to days: If Seller. fails to comply herewith for 'any other reason, Buyer mad (i) terminate this contract and' receive the Earnest Money, thereby releasing Seller from this contract (ii) enforce specific performance hereof and/or (iii) seek such other relief as may be provided by law. If completion of sale is prevented by Buyer's default, and Seller elects to enforce specific performance. the Broker's fee is payable only if and when Seller collects damages for such default by suit, compromise, settlement or otherwise, and after first deducting the expenses of collection, and then only in amount equal to one-half of that portion collected; but .not exceeding the amount of Broker's fee. 13. CONDEMNATION. If any part of the Property is condemned prior to Closing Date, Seller shall promptly give Buyer written notice of such condemnation and Buyer shall have the option of either applying the proceeds on a pro rata basis of any condemnation award to reduce the SalesPrice provided herein or declare this Contract terminated by delivering written notice of termination to Seller and Earnest Money shall be refunded to Buyer with no Broker's fee due. 14. A"TTORNE~"S FEES. Any signatory to this contract whd is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this contract. or transaction shall be additionally entitled to recover court costs and reasonable attorney fees, and all other litigation expenses, including deposition costs, travel, and expert witness fees, from the non- prevailing. party. 15. REPRESENTATIONS. In addition to other representations made herein, Seller represents that unless securing payment of the Note, there will be no Title I liens, unrecorded liens or Uniform Commercial Ci)de liens against any of the Property on Closing Date, that loan(s) will be without default, and reserve deposits will not be deficient: If any` representation above is untrue this contract may. be terminated by Buyer and the Earnest Money shall be refunded without- delay. Representations shall survive closing. (b. NOTICES. Any notice or communication required or permitted hereunder shall be deemed to be delivered, whether actually received or not, when deposited in the United,States mail, postage fully prepaid. registered or certified mail, and addressed to the intended recipient at the address on the signature page ~}f this contract. Any address for notice may be changed by written notice delivered as provided herein. 17. INTEGRATION. This contract containsthe complete agreement between lire p~u-ties and c~3:nnot be varied except by the ~:_°r.. -_reement of the parties. The parties agree that thereare no oral agree:rrdonts.`i~r~~d~:3s~a:i.~i,t„; representationsor warranties .,ich are not expressly set forth herein. ''. P.~~NI)ING EFFECT. This contract shall be binding upon and inure to the benet~t ~~ ~l"~e~ parties hereto and their respective ;u?zs, executors, representatives, successors and assigns where permitted by this contract. Tb~ etfectve date of this contract shall be 3tt; Hate unorr which the 1_ast party signs. _ !'~. ' ERIiIINATION OF OFFER. Unless accepted by Seller, as evidea~r_ed by >eller~ >~~,~.as:are hereto and delivered to Buyer by 3a?0 p.m., the -day of 19 ,this of~ec t. ' _tse shall be null and void and all parties hereto shall stand relievedand released of any and all liability or obligations hereunder and all Earnest Money shall be returned to Buyer. ?0. ASSIGNMENT. [ ~~] A. Buyer may not assign this contract. [ ] B. Buyer may assign this Contract and all rights hereunder and shall he relieved of any future liability tinder this Contract provided the assignee shall assume in writing all the obligations of Buyer hereunder. l . TEKAS LAi~' TO APPLY. This 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 in ~~'~1~G County, Texas. ??. LEGAL CONSTRUCTION. In case any one or more of the provisions contained in this contract shall for any reason be held to be invalid. illegal, or unenforceable in any respect, such invalidity, illegality. or unenforceability shall not affect any other provision hereof and this contract shall be construed as if such invalid; illegal, or unenforceable provision had never been contained herein. ?3. TIME. Time is of the essence. ( I';1R-031) 2/85 Page 3 of 4 Pales ,~_ ~~ INVESTIGATION/FEASIBILITY STUDY ADDENDUM. INVESTIGATION/FEASIBILITY STUDY. Buyer is granted the right to conduct an investigation and/or feasibility study of the Property as .follows: ( ] market or economic feasibility study [ ] .engineering study [x ] inspection of zoning, subdividing, or other use restrictions affecting the Property [ ] availability of utilities, including electricity, gas, water and wastewater treatment [x ] inspection of soil and subsoil condition [x] other_in.~Prt ~n fc~r ~n 1 ~c~ntami n~nts Buyer shall have ~ ~ days from the effective date hereof to perform such investigation and/or study. Buyer or Buyer's agents shall have the right of access to the Property prior to closing for the purpose of conducting such investigation and/or study, and shall have the right to conduct tests and obtain core samples. Seller agrees to cooperate with Buyer in connection with the investigation and/or study, agrees to furnish Buyer with copies of any and ail documents relating to the Property that might be necessary to complete such investigation and/or study, and agrees to execute any and all documents that might be required in order to obtain any necessary governmental authority or consent with respect to the above-described. matters. If Buyer determines, in Buyer's sole judgment and discretion, that the Property is not suitable for Buyer's intended use, within the -~ ~ days, Buyer shall give Seller written notice of such fact on or before the end of the period stated above with a copy to Escrow Agent. Upon receipt of such written notice, the Escrow Agent shall refund the Earnest Money to Buyer, and both parties shall. be released from all further obligations under this Contract. If Buyer does not send such written notice to Seller, then it shall be presumed that the Property is suitable for Buyer's intended use, and the Contract may not be terminated by Buyer for the reasons set forth in this Section. In the event this contract does not close, through no .fault of Seller, Buyer shall restore the Property to its original condition, if changed due to the investigation and/or study performed by Buyer. Buyer " / Seller Buyer Seller Date Date ',"I'AR-031) Z/85 ... _. _ _...~ ....... ,r ~~ ~/~~~ l .. _..__ __ _ _.-_ ._.... _..i '~. s Z' a a v ~- s D Q r'"' ~ w~ ~~ N f ~~ ~ ~ o ' ~ Y. /~ LL~ V 4 's t N j Kr I' r ~ .~ ~# ~~ y •7 ~m .~ ~. 0 'u U QJ '~ k N U Q1 O ~ ~ v ~ .-~ 0 ~ o v o rn ~ co "~ 'I --~ ~ ~ fd ~t ~ ~ ~ > ~' b [ ~ ~ ~' ~ ~ J Zjl n ro -+ a 4 ~ ~~i u ~o ~ N 9 y ~ r--I J 'a ~i i • ~--I l "C7 i N 'L7 i ~ O U ~.,`l .\ ~~~ ~6~ BASE FILE COPY I; DO PlOT REMOVE ~: • ~~ W r- W ~ Q it ` ~ N ~ ~., ~ I 0 ~ ~ Q ~ x A ~ i V N'1 ~' C 0 *~ H W ~„ N r- a Q ~ a~ O W 00 -~ 5£ d1S 3N1~ H~1t1W i Q~ C y 0.~ - ~~ t ac r. $ z o '' Q ads ~v a~ ~ °' a a? ~v'~• O w ~ 4J `~ a W O N N~a W ~ O W F. ~ V O W -~ '' 3Nil ~la3dQtld "-~"~ a w ~ ® a ~ ~'' h .~~ Z ~ V 4J - i ~ ~ ~ ~ ~ ~~ W 41 f[ 4a { 3 f U ii _ J W I _ o c- r z W 4 -m N a Q ( ~ Q to N ~~ V J ~•.~ ..-.l ~ ~~ a t~, 1 r zap ~ ~ p '~'va~f+ .. }~ (I1 N o m (; csa ~ v Q Q c~ 4J ~ Q Z~ WWI ~ ~ w ~Nt°~"'~ a ~ Q N • ~ W N'- I ~ • i j '~ ~ > Y '~ ._i Q W 3 3 J ~ ~,~l ,, o~ ~ ; ~ ~ lJ ~ ~t ~.-- ~ 1 ~ .. ,~ 1 a U Q w G a r ~ u1 r Q v~ ~ ~ •~ aN I W W N 4, `? v W W ; cr d n~ ~ I `'~ • • ~ cr) Q o N O . 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