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HomeMy WebLinkAboutContract 47306 ff, CITY .. CONTRACTM ° '. hid Q� 3 2[,ij�� LICENSE AGREEMENT FORTAX-FORECLOSED PROPERTY t This LICENSE AGREEMENT ("License") for tax foreclosed property is made and entered , in o by and between the CITY OF FORT WORTH, on its own behalf and in its capacity as trustee for Tarrant County, Fort Worth Independent School District, Tarrant County Hospital District, Tarrant Regional Water District, and Tarrant County College District("Licensor") and PHOENIX I RESTORATION AND CONSTRUCTION,LTD., a Texas limited partnership ("Licensee"). RECITALS WHEREAS,the property described in the Constable's Deed attached hereto as Exhibit "A", known as 2717 Avenue E,Fort Worth, Texas ("Property")was foreclosed upon for nonpayment of ad valorem property taxes and struck off to the City of Fort Worth on behalf of Licensor; and WHEREAS, Licensor desires to license to Licensee and Licensee desires to license from Licensor the Property for the purpose of allowing Licensee to perform certain discretionary improvements to the Property, after which Licensee intends to donate the improvements to Licensor. NOW, THEREFORE, in consideration of the mutual covenants, promises and obligations contained herein,the parties agree as follows: 1. PROPERTY LICENSED. Licensor hereby grants unto Licensee a license to enter upon the Property. Licensor shall provide Licensee full access to the Property during the Term, as defined herein. c� 2. TERM OF LICENSE. The Term of this License shall commen on the date of its execution("Effective Date") and expire on the earlier of(i) February 15, 2016,or(ii) seven(7) days after Licensoe's receipt of notice from Licensee, of Licensee's abandonment of the Property ("Term"). 3. RENT. Licensee shall pay to Licensor the sum of$10.00 as rental for the full Term of the License, on or before the effective date, and prior to Licensee's entry onto the Property. 4. CONSTRUCTION AND IMPROVEMENTS. 4.1. Discretionary Improvements. Licensee may, at its sole discretion and subject to the terms herein, perform modifications, renovations, improvements and other construction work on the Property. Any modifications, renovations, improvements or other construction work on the Property shall be referred to hereafter as "Discretionary Improvements", and shall be performed by Licensee or by an independent contractor engaged by and paid exclusively by Licensee ("Licensee's Contractor"). Licensee may not initiate any Discretionary Improvement on or to the Property unless it first submits all plans and specifications for the proposed work in writing and also requests and receives in writing approval from the Licensor, or its designated representative ("Licensor's.,,,Repr. � ly "),,,, „,„a„4 ( Iii iCIAL RECORD i III Y SECR °T'M FE. VO T11�TX ...,.......,: which Licensor herein designates as the Director of the Property Management Department or his designee. Upon start of construction of any Discretionary Improvement on or to the Property by Licensee pursuant to plans approved by Licensor pursuant to Section 4.2, Licensee shall substantially complete the Discretionary Improvements in accordance with the plan specifications within the Term. For the purposes of this Section, "start of construction" shall iuean the date stated in a Notice to Proceed (or other similar document) issued by Licensee to Licensee's Contractor, or, if no Licensee's Contractor,then upon the first alteration of any portion of the Property pursuant to the approved plans. "Substantial completion" shall mean that point in time when the Discretionary Improvements are completed to such extent that, as applicable, (a) the City of Fort Worth could issue a Certificate of Occupancy and a final punch-list is developed by Licensee and Licensee's Contractor; or (b) any inspections required by Codes (as defined herein) are successfully passed. Licensee covenants and agrees that it shall fully comply with all provisions of this Section 4 in the performance of any such Discretionary Improvements. Upon completion of any such Discretionary Improvements or earlier termination of this License, Licensor shall take Rill title to any Discretionary Improvements on the Property. 4.2. Process for Approval of Plans. Licensee's plans for construction and improvements shall conform to the architectural standards established by Licensor's Representative and must also receive written approval from the Director of the Property Management Department of the City of Fort Worth or his/her designee and any other city departments as shall be required under ordinance or City policy. All plans, specifications and work shall conform to all federal, state and local laws, ordinances,rules and regulations in force at the time that the plans are presented for review. The City of Fort Worth shall inspect all work pursuant to its construction inspection procedures. 4.3. Documents. Licensee shall supply Licensor's Representative with comprehensive sets of documentation relative to any Discretionary Improvements,including,at a minimum, as-built drawings of each project. As-built drawings shall be new drawings or redline changes to drawings previously provided to Licensor's Representative. Licensee shall supply the textual documentation in computer format as requested by Licensor. 4.4. No Reimbursement. All Discretionary Improvements shall be at the Licensee's sole cost and expense, and Licensor shall not reimburse Licensee for any Discretionary Improvements made to the Property. 5. USE OF PROPERTY. Licensee hereby agrees to use the Property strictly in accordance with the terms and conditions of this License, solely for purposes related to the construction of Discretionary Improvements related to drainage issues. 6. UTILITIES. Licensee, at Licensee's sole cost and expense, shall be responsible for the installation and use of all utilities services to all portions of the Property and for all other related utilities expenses,including,but not limited to, deposits and expenses required for the installation of meters until the expiration or earlier termination of the Term. Licensee further covenants and agrees LICENSE AGREEMENT WITH PHOENIX I FOR 2717 AVENUE B PAGE 2 of 12 to pay all costs and expenses for any extension, maintenance or repair of any and all utilities serving the Property during the Term. In addition, Licensee agrees that all utilities, air conditioning and heating equipment and other electrically-operated equipment on the Property shall fully comply with Licensor's Mechanical,Electrical,Plumbing,Building and Fire Codes("Codes"), as they exist or may hereafter be amended. 7. MAINTENANCE AND REPAIRS. 7.1. Maintenance and Repairs by Licensee. Licensee agrees to keep and maintain the Property in a good, clean and sanitary condition at all times throughout the Term. Licensee covenants and agrees that it will not make or suffer any waste of the Property. Licensee, at Licensee's sole cost and expense,will make all repairs necessary to prevent the deterioration in condition or value of the Property and any improvements thereon, including, but not limited to, doors, windows and roofs for such improvements, and all fixtures, equipment, modifications and pavement on the Property throughout the Term. Licensee shall be responsible for all damages caused by Licensee, its agents, servants, employees, contractors, subcontractors, licensees or invitees during the Term, and Licensee agrees to fully repair or otherwise cure all such damages at Licensee's sole cost and expense. Notwithstanding anything herein to the contrary, Licensee shall not be required to maintain or repair any portion of the Property beyond the scope of the approved plans for the Discretionary Improvements, except for any damages caused by Licensee, which Licensee shall restore or cause to be restored as near as possible to the condition immediately prior to the damage caused by Licensee. Licensee agrees that all improvements, trade fixtures, furnishings, equipment and other personal property of every kind or description which may at any time be on the Property shall be at Licensee's sole risk or at the sole risk of those claiming under Licensee. Licensor shall not be liable for any damage to such property or loss suffered by Licensee's business or business operations which may be caused by the bursting, overflowing or leaking of sewer or steam pipes, from water from any source whatsoever, or from any heating fixtures,plumbing fixtures, electric wires,noise, gas or odors, or from causes of any other matter. 7.2. Compliance with ADA. If applicable, Licensee agrees to submit the plans and specifications for the Discretionary Improvements to the Texas Department of Licensing and Regulation for review and approval for compliance with applicable accessibility statutes and regulations prior to the commencement of construction of the Discretionary Improvements. 7.3. Inspections. 7.3.1. Licensor shall have the right and privilege, through its officers, agents, servants or employees,to inspect the Property. Except in the event of an emergency, Licensor shall conduct such inspections during Licensee's ordinary business hours and shall use its best efforts to provide Licensee at least two (2)hours'notice prior to any inspection. LICENSE AGREEMENT WITH PHOENIX I FOR 2717 AVENUE B PAGE 3 of 12 7.3.2. If Licensor determines during an inspection of the Property that Licensee is responsible under this License for any maintenance or repairs, Licensor shall notify Licensee in writing. Licensee agrees to begin such maintenance or repair work diligently within thirty (30) calendar days following receipt of such notice and to then complete such maintenance or repair work within a reasonable time, considering the nature of the work to be done. If Licensee fails to begin the recommended maintenance or repairs within such time or fails to complete the maintenance or repairs within a reasonable time, Licensor may, in its discretion, perform such maintenance or repairs on behalf of Licensee. In this event, Licensee will reimburse Licensor for the cost of the maintenance or repairs, and such reimbursement will be due immediately upon written request of Licensor. 7.3.3. During any inspection, Licensor may perform any obligations that Licensor is authorized or required to perform under the terms of this License or pursuant to its governmental duties under federal state or local laws,rules or regulations. 7.3.4. Licensee will permit the City's Fire Marshal or his or her authorized agents to inspect the Property and Licensee will comply with all requirements of the Fire Marshal or his or her authorized agents that are necessary to bring the Property into compliance with the City of Fort Worth Fire Code and Building Code provisions regarding fire safety, as such provisions exist or may hereafter be amended. Licensee shall maintain in proper condition accessible fire extinguishers of a number and type approved by the Fire Marshal or his or her authorized agents for the particular hazard involved. 7.4. Environmental. No materials or substances may be stored, used, transported, or disposed of on or near the Property, whether such substance or materials be in solid, liquid, or gaseous form which are regulated under the following laws as they exist or are amended or reauthorized and their implementing regulations: Resource Conservation and Recovery Act (RCRA; 42 U.S.C. §6901 et seq.), the Superfund Act (CERCLA; 42 USC Ch. 103 et seq.), the Toxic Substances Control Act (TSCA; 15 U.S.C. §2601 et seq.), the Federal Insecticide, Fungicide, or Rodenticide Act (FIFRA; 7 U.S.C. §136 et seq.), the Atomic Energy Act (42 U.S.C. § 2411 et seq.), the Texas Solid Waste Disposal Act (Texas Health and Safety Code, Ch. 361). No ignitable, reactive, or corrosive wastes, medical wastes, or petroleum products may be stored, used, transported upon, or disposed of on or near the Property, except for fuels, lubricants, and other materials which are part of operational automobiles or construction equipment. LICENSEE, AT ITS SOLE COST AND EXPENSE, AGREES THAT IT SHALL BE FULLY RESPONSIBLE FOR THE REMEDL4TION OF OR ANY VIOLATION OF ANY APPLICABLE FEDERAL, STATE OR LOCAL ENVIRONMENTAL REGULATIONS OR STANDARDS THAT IS CAUSED BY LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,SUBCONTRACTORS OR INVITEES. 8. RIGHTS AND RESERVATIONS OF LICENSOR. Licensor hereby retains the following rights and reservations: LICENSE AGREEMENT WITH PHOENIX I FOR 2717 AVENUE B PAGE 4 of 12 8.1. Licensor reserves the right to take any action it considers necessary to prevent Licensee from performing any action which, in the opinion of Licensor, would limit the usefulness of the Property. 8.2. Licensee's rights hereunder shall be subject to all existing and future utility and drainage easements and rights-of-way granted by Licensor for the installation, maintenance, inspection, repair or removal of facilities owned or operated by electric, gas, water, sewer, communication or other utility companies. Licensee's rights shall additionally be subject to all rights granted by any ordinance or statute which allows utility companies to use publicly- owned property for the provision of utility services. 9. INSURANCE. 9.1. Licensee shall procure, or shall require Licensee's Contractor to procure, and maintain at all times during the Term, in full force and effect, the following policies of insurance: (i) statutory worker's compensation insurance for all of Contractor's employees and all workmen on the Property performing construction of Discretionary Improvements, (ii) commercial general liability insurance, (iii) business automobile insurance, and (iv) builder's risk insurance. The commercial general liability insurance policy and the automobile liability insurance policy shall be primary to all other insurance maintained by Licensee or Licensor and shall be non-contributory; shall contain an endorsement listing the Licensor and Licensee as additional insured(endorsement CG 20 10 10 01 and CG 20 37 10 01) such that coverage is provided to the additional insured parties for completed operations; and shall be written for not less than the limits of liability as follows: (i) Commercial General Liability: $2,000,000 each occurrence; $3,000,000 general aggregate per project; $3,000,000 product/completed operations aggregate; and $2,000,000 personal and advertising injury. (ii) Business Automobile Liability: $1,000,000 combined single limit. The commercial general liability policy shall contain a contractual liability endorsement and a products completed operations endorsement. The insurance policies shall not include any of the following endorsements excluding or limiting coverage: (i) contractual liability limitation, CG 2139; (ii) amendment of insured contract definition, CG 24 26; (iii) exclusion— explosion, collapse and underground property damage hazard, CG 2142 or CG 21 43; (iv) limitation of coverage to designated premises or project, CG 21 44 07 98; (v) exclusion—damage to work performed by subcontractors on your behalf, CG 22 94 or CG 22 95; (vi) any type of construction defect completed operations exclusion; and/or (vii) any type of punitive, exemplary,or multiplied damages exclusion. LICENSE AGREEMENT WITH PHOENIX I FOR 2717 AVENUE B PAGE 5 of 12 The worker's compensation policy shall contain a waiver of subrogation endorsement in favor of Licensor and Licensee. 9.2. Certificates. As a condition precedent to the effectiveness of this License, Licensee shall furnish Licensor with appropriate certificates of insurance signed by the respective insurance companies as proof that it has obtained the types and amounts of insurance coverage required herein. If any such policy shall expire before the Term of this License, Licensee shall furnish to Licensor a renewal certificate of insurance not less than thirty(30) days prior to the expiration of any such insurance policy required hereunder. 9.3. Additional Requirements. All insurance companies providing coverage pursuant to the requirements of this License Agreement shall have a minimum Best's Rating of A- and a Financial Size Category listing of no lower than VII, both as provided by A.M. Best Company, Inc. Upon request by Licensor, Licensee shall deliver a copy of all such policies of insurance required in this License Agreement. 10. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Licensee shall operate as an independent contractor as to all rights and privileges granted herein, and not as an agent, representative or employee of Licensor. Licensee shall have the exclusive right to control the details of its operations and activities on the Property and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, patrons, licensees and invitees. Licensee acknowledges that the doctrine of respondeat superior shall not apply as between Licensor and Licensee, its officers, agents, employees, contractors and subcontractors. Licensee further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between Licensor and Licensee. 11. INDEMNIFICATION. LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH ITS USE OF OR OPERATIONS ON THE PROPER TY D URING THE TERM OR WITH THE MAINTENANCE, USE, OR OCCUPANCY OF THE PROPERTY OR ANY IMPROVEMENTS THEREON DURING THE TERM, EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LICENSOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. DURING THE TERM OF THE LICENSE, LICENSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND LICENSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,ARISING OUT OF OR IN CONNECTION WITH THE USE, MAINTENANCE, OR OCCUPANCY OF THE PROPERTY OR ANY CONSTRUCTION OF IMPROVEMENTS THEREON, EXCEPT TO THE EXTENT LICENSE AGREEMENT WITH PHOENIX I FOR 2717 AVENUE B PAGE 6 of 12 CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LICENSOR,ITS OFFICERS AGENTS,SERVANTS OR EMPLOYEES. LICENSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LICENSOR FOR ANY AND ALL INJURIES OR DAMAGES TO THE PROPERTY OR ANY IMPROVEMENTS THEREON, WHICH ARISE OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LICENSEE,ITS OFFICERS,AGENTS,EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES, EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LICENSOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 12. DEFAULT AND TERNUNATION. In addition to termination rights contained elsewhere in this License,Licensor shall have the right to terminate this License as follows: 12.1. Failure by Licensee to Pay Rent,Fees or Other Charges. DELETED BY AGREEMENT OF THE PARTIES. 12.2. Breach or Default by Licensee. If Licensee commits any breach or default, other than Licensee's failure to pay rent, Licensor shall deliver written notice to Licensee specifying the nature of such breach or default. Licensee shall have five (5) calendar days following such written notice to cure, adjust or correct the problem to the standard existing prior to the breach. If Licensee fails to cure the breach or default within such time period, Licensor shall have the right to terminate this License immediately. 12.3. Abandonment or Non-Use of the Property. DELETED BY AGREEMENT OF THE PARTIES. 12.4. Discontinuation or Failure to Complete Construction of Discretionary Improvements. If Licensee ceases construction of the Discretionary Improvements for more than five(5)business days,Licensor shall deliver written notice to Licensee specifying the nature of such breach or default. Licensee shall have five (5) calendar days following such written notice to resume construction. If Licensee fails to resume construction within such time period, Licensor shall have the right to terminate this License immediately. If Licensee fails to substantially complete construction of the Discretionary Improvements in accordance with the approved plans and specifications by the expiration of the Term,Licensee shall be in default of the License, absent a mutually agreed-upon written waiver of this time requirement for substantial completion. In the event of a default under this Section 12.4,Licensee shall be liable to Licensor for the reasonable costs of completion of the Discretionary Improvements in accordance with the approved plans and specifications. Licensor reserves all other rights and remedies available to it whether expressly stated or not. 12.5. Licensee's Financial Obligations to Licensor upon Termination, Breach or Default. DELETED BY AGREEMENT OF THE PARTIES. LICENSE AGREEMENT WITH PHOENIX I FOR 2717 AVENUE B PAGE 7 of 12 12.6. Rights of Licensor Upon Termination or Expiration. Upon termination or expiration of this License, title to all improvements on the Property, including the Discretionary Improvements, and all fixtures and other items attached to any structure on the Property shall pass to Licensor. In addition, all rights, powers and privileges granted to Licensee hereunder shall cease and Licensee shall vacate the Property. Within ten(10) days following the effective date of termination or expiration, Licensee shall remove from the Property all tools, machinery, equipment, materials and supplies placed on the Property by Licensee pursuant to this License (other than machinery, equipment and materials incorporated into or used in the operation of the Facility). After such time, Licensor shall have the right to take full possession of the Property, by force if necessary, and to remove any and all parties and property remaining on any part of the Property. Licensee agrees that it will assert no claim of any kind against Licensor, its agents, servants, employees or representatives, which may stem from Licensor's termination of this License or any act incident to Licensor's assertion of its right to terminate or Licensor's exercise of any rights granted hereunder. 13. NOTICES. Notices required pursuant to the provisions of this License shall be conclusively determined to have been delivered when (i) hand-delivered to the other parry, its agents, employees, servants or representatives, or(ii) deposited in the United States Mail, postage prepaid, addressed as follows: To LICENSOR: City of Fort Worth Property Management Department Attn: Laura Morales 900 Monroe Fort Worth, TX 76102 With a copy to: City of Fort Worth City Attorney's Office Attn: Leann Guzman 1000 Throckmorton Fort Worth,TX 76102 To LICENSEE: Phoenix I Restoration and Construction, Ltd. Attn: 14032 Distribution Way Farmers Branch,Texas 75234 14. LIENS BY LICENSEE. Licensee acknowledges that,it has no authority to engage in any LICENSE AGREEMENT WITH PHOENIX I FOR 2717 AVENUE B PAGE 8 of 12 19. NO WAIVER. The failure of Licensor to insist upon the performance of any term or provision of this License or to exercise any right granted herein shall not constitute a waiver of Licensor's right to insist upon appropriate performance or to assert any such right on any future occasion. 20. VENUE AND JURISDICTION. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this License or of Licensee's operations on the Property, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This License shall be construed in accordance with the laws of the State of Texas. 21. ATTORNEYS' FEES. In the event there should be a breach or default under any provision of this License and either party should retain attorneys or incur other expenses for the collection of rent, fees or charges, or the enforcement of performance or observances of any covenant, obligation or agreement, Licensor and Licensee agree that each party shall be responsible for its own attorneys' fees. 22. SEVERABILITY. If any provision of this License shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 23. FORCE MAJEURE. If either parry is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the parry's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such Force Majeure Event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community centers, parks, or other City-owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. Licensee hereby waives any claims it may have against the City for damages resulting from any such Force Majeure Event. 24. HEADINGS NOT CONTROLLING. Headings and titles used in this License are for reference purposes only and shall not be deemed a part of this License. 25. ENTIRETY OF AGREEMENT. This written instrument, including any documents attached hereto or incorporated herein by reference, contains the entire understanding and agreement between Licensor and Licensee, its assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provisions of this License. The terms and conditions of LICENSE AGREEMENT WITH PHOENIX I FOR 2717 AVENUE B PAGE 10 of 12 this License shall not be amended unless agreed to in writing by both parties and, if necessary, approved by the City Council of Licensor. 26. PURCHASE OF PROPERTY. Licensee acknowledges the sale of the Property is subject to approval by any or all of the taxing entities which are the owners of the Property and that neither the granting of this License by Licensor nor the performance of any Discretionary Improvements by Licensee guarantees the sale of the Property to any entity or individual. WITNESS ®F,the parties hereto have executed this License in multiples,this day of b Lk ,� -,2015. LICENSOR: CITY OF FORT WORTH: ­ B Assistant City Manager APPROVED AS TO FORM AND LEGALITY: By, r Leann D. Guzman Senior Assistant City Attorney ATTEST: , OR"" Oq By. t � . Mary J. Kayser `m % Us City Secretary � ...41 �a ti, M&C Not Required '" r PHOENIX I RESTORATION AND CONSTRUCTI®N,LTD a Texas limited partnership By: D.C. Sellers,Inc., a Texas corp ation, its general partner Title TX LICENSE AGREEMENT WITH PHOENIX I ,d, FOR 2717 AVENUE B PAGE 11 of 12 EXHIBIT "A" CONSTABLE'S DEED LICENSE AGREEMENT WITH PHOENIX I FOR 2717 AVENUE B PAGE 12 of 12 - Page 1 of 2 Electronically Recorded Tarrant County Constable s.Aeeil,� ��0 '��sl#t 312 412 0 1 4 1 0:33 AM D214066227 �uoc>� �,;� ot�A:ILIvien try :iiC�se:P�esents.$20.00 O>?tNTf'O T.. r Submitter: XEROXCOMMERCIAL ,NO r_ t: OF C! I 'eta Y RIWAT-S- V 0. At OVNAUWRAI pE"DN; SOU N T2£��--MO *94 STAW ANY OF TFfG FQLLOWM IN"WAM" : FROU TIUS INSTRUMENT BEFORE:IT�;I+`LU VOR RECORD A+1 THE AMUC OAR X.S. 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'as.ItttetiYetidf(Sj,an 'its.impleaded_Pai#x:73efettilatifagaixist ),?!IE?"-RARI ,TST.CHMOR CITY PF FORT ©RTR(1r,IlllrHf7Xdl�FI2.Tl TTZEiVI OA?LX� k4a, lie--liolmowd owur ef"flt.B bllbsYisg;dgle zTzfiil'p,o r a exervtors,admiwAra#sirs, g?1aYdXdIIS,lal.I epxPSerltatiYeS.-tlet3stdA:01 t11e:a15Qje.aimed and' y ar all other Fersoas inctt[degg adverse e1a;VEant ing-O.b-Al g-0 t la imin4.a by-I" req able iuteresE.iti nr'Iien upon tfie herewatter descrilteilgtotterty t9ltb 1ere'duly'seiroed wrtlt'prirc""e erso??a1Lp or by mesas:03 etatinn #rypgstinglpuli�ca#ioti Defendaut��); on cez aut:Iud rent and Decree of'Sale,rendered onilre day I}ceetnber,.A ES,ZQf2 .and.direetQCl and d"``-vexed io tha_Cpnstalile,?. Be,�a d€Taitat.C ouzi Y, _ co vy nseize and sell he land esk ar ofs'heen�deseribedtdsatis£y saidJ61pnet;the-same peltaltl s;InlBl st apd fists due Ari'0ia heiemafter ilescrit5ed lands3`t�getber�ith post j_:.' enC'ttitet�st eTeoSC as 271oweil'Hy la�v; I,Aaxr..I[Tfufiiran>Constable,Ect.3as.af . ":onthe.?,1st.day ofanua�yy 20440 levyupon.atd advertise ate said preinises.as-0 1$gbed ip sdid Ord y gi '.pabll :poriQ,e of this time and Place of.`sale- p ky �t?I�dyertisetttent In:tbe.F-ztgtuh].ab8?aga,P'n ., a 3xeek.�r"three.iirns�xttve iv'eeJcsprecedmo said sale,the fiss�.pu6lieatlon appeanr�g a2oi tesS Wn . immediately precedi.q tbpd&te o€sa3e,beginninavtr the Mfit day o T`.ebx'u 2f1 4 ui tlse .I. tE ea eat RE:Q r;a.de�sp�l i pttuttslted zip ;. Eke Cvttnty d°lar#aat; t p(4tinbsttgfz tiDtie:' :._.. ",.tliiee:.ublit'Iaces in the coon khiFh'via$a24he p p. ty Ogle q-1. q.60 th,)06 i£b'gc of said'Caunt�lt„to-14 leas en . _ys sueces9i-yely next:l cfdre the-date of sale,stating.in wU adterlisemetit llie attthoriYy -y J#f^ sale leas 30 be_made;fhe fame and plaee:6f sale,a bfief` ,desmp'tion effhe:prope4o-'be so of acts;the:nri�mal:sUrve ,its IaSatit3 Sn'fhe oupty;afid:flY name'by xriclr ihz]znii-9s gen oti Yid byslfitezalmailz4a a 5lutilar:4v4Ge to NiI IYIC3R£ct£Y TL�I CI'€TIRE;::etalzDef Es)k nthelltstTuesda3 url'7,tarch,2bl4, vn-thiu:theho=-pres=bed by lg:%sold said rb.AI prop.O ty _. vendae;in:fhe Cflunty of T...`ag ani.at the court T ouse daor:t8eM-. at wluolr Gale the props here_ etAbed vt+as st.mC.L of to t icy of I<.'dxt �oxif#, for the syiri of 9l,0"DG I.,AR%M e; zUe tb tugl�est b riders beXeibr.anc> t iteiti§'tlte l4ta�heat Uid#`uptht; -Now,I. REFO rleiation of the premises afoies$id,.gad.ofAhe payment-of said.sum.0 $71}g3U.94 DT1T e ipc of thltk is At reby ac1F6o yledged,;l D ell Huffauari;: :oriStattkE Pet:3,ks' afRr S3icl ltaY .G S ptid CONY YE1>:aitd:liy t)resC pf85ei�Y5_da f1zANT,SFML,:AM�aZ)tISGEY' arnfo lbe said C' Os wl all.the:estates right, title.and interest; if any;.wi 4 tie said; MT l I{RI N S T TTl Cf$;et a1 d}efendant s}lied:on She Januag3t 21st A.D .20JA',or•at any. tinte,afterwarils>in au. 411ovr1ng>ileser bnd'1'an3,and�prentises;as describeddn the 6rder o.Salej v}z, ACCT, f4tY,-OU42446; LETS 4:TO' TJGH 9, BLOCK 2, OUT OE TBE..BOAZ.&; ]7fLs{ice A 17I ID SITUATED. APT THF, -CITE' -0 FORT WORTH -TARXkNT .t1C7 I #'TES tNf3 )QCA ED nn!W'T$E''ORT WOR 11 MkRt\rDM SCUQQ , DIS�T.AS SHOWN DY A 73 A O QR A`I' X14 lDTE. i354� PAGE 648.E3F THE DEER RECORD 1E T;A tEA?+T :Cfl i:lam fzx T S TO lL4-- 9 AND TG HOLD premises Ia m did same401 manner pm5mbed".by law,unto the said.Cz1<y of Font_Worth ur irnst.€or the use and baveft ofitseff and:3he said PlainMs):-and/or Inte*v6nor4j as prgrride4 by'die laws of Ylt?s:state,as fully-aw4.bs bsti:late-as'-I',:as: onstatile;I?ct :af4Zesaid cart ogttyeY by e Qi said Sale:aforesaid,Sabjeot'IiotveveYx'ta:the defendalif(s�z3wtit to redeemlbe same in flie:manner presenbe t hy'latiu from the slate of the$&g pftlifs deed, Pie x Page 2 of 2 ] TES=GNY WHEREOF,IbaYe:eretirito setnSy ISatiB this_tti.§tl.d Lf Mara 13alxfijuffinau� ansiable,Pst ' 1'arran3 Gountx�;'>'?-has ;DarreYlHuffrnan�(:ohstab7e THK,STATB;QF T.0 AS BFPt3RE Ivy; A Notary publk_...._.__. GOt3M7-OF TAURANT. iu tr personally pp_e..at d IYa1?eIl ihff os.0,t ons#a i a;3suoviri to e YII be ttie pet 4 moose 3caYpe silh�cnbed'2tl:ttie foregaitia�in;��n�ta.aid��lmoe�leclv�a,to me drat(s�l�e exe£ufed tb�saute as Csristalzle,FCt;��fflrasnid,fc}r tUe pure; ." ;cdd.'sicter�hon,ani��z+-t�eeapaaitytlie?�ge�'esseil. n2v�s, a ASFr.O .oFFIC fhis, ffldaY..£l�Lar A. . Q14, `. KATHRYN MARTINS ..*�. NOTARY". uC 1X-Ti—Fn TESTATE OF TEXAS C0UNTY Ql*TA,RAX7 :It Clerk-ofthoz.CQunty_Cour of said Qounty;da h*by:coAify-ftt the ab v0n$tU. =t=d twg!. e .ou ffie day of tl� together with its Certificate ofAuthenticatior+;was b-ledfo rd'- dNe:ou the d'ay:of AS720�.at o'eiock; 1=anz7:dnlyrer titheiay'of A_1S.,2e_: :at: n kl&ck Zvi;,in ft ortis.of:Wa County. paces: Y,�ETNESSsn}hattdarid seal of: �-�onrFn�said:Qounty;ato�ce in ttie day®" above written: ® Clerk C.C. County tly- I3zputy .Page 2