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HomeMy WebLinkAboutContract 47783 s CITY SECPSTAJW CONTRACT 110. b CONTRACT OF SALE AND PURCHASE THIS CONTRACT OF SALE AND PURCHASE ("Contract") is made and entered into by and between the CITY OF FORT WORTH. 'TEXAS, a home rule Municipal Corporation of the State of 'Cexas, acting by and through its duly authorized City Manager or Assistant City Manager("Purchaser") and DANNY TA fka DUNG DINII TA, CHARLIE TA flea CHONG DINH HOANG TA, AND LOC DINH TA ("Seller"), as of the date on which this Contract is executed by the last to sign of Seller and Purchaser("Effective Date"). AGREEMENT In consideration of the mutual covenants in this Contract, Seiler and Purchaser agree as follows: Section 1, Sale and Purchase. (a) Seller agrees to sell and convey to Purchaser and Purchaser agrees to purchase and accept from Seller, on and subject to the terns and conditions set forth in this Contract approximately 14.076 acres known as Lot 1,Block A, Ta Addition,an addition to the City of fort Worth,Tarrant County,Texas as indicated on the plat filed of record, instrument number D197216461 in the Tarrant County Deed Records (also known as 1229 McPherson Road, Fort Worth, Texas) (the "Land"), which Land is more particularly described on the attached Exhibit "A", which is attached hereto and incorporated herein by reference f'or all purposes, together with the following specifications that relate only to Seller's interest in the Land (i)all buildings, fixtures, structures and improvements thereon; (ii) all roads, alleys, rights-of- way,casements,streets and ways adjacent to or serving the Land and rights of ingress and egress thereto, whether surface, subsurface or otherwise; (iii)all of Seller's rights, titles and interest, if any, in and to all water rights or any kind or character pertaining to the band; and (iv) all licenses, interests, and rights appurtenant to the Land. The Land and Items(i)-(iv)are collectively referred to as the"Prvperty". (b) Seller shalt convey the Property to Purchaser fry and clear of all liens, claims, easements, rights-of-way, reservations, restrictions, encroachments, tenancies, and any other encumbrances (collectively, the "Encumbrances") except the Encumbrances appearing in the Title Commitment and the Survey (hereinafter defined) that are not cured and that are subsequently waived pursuant to Section 3 ("Permitted Encumbrances"). (c) Notwithstanding anything to the contrary, Seller hereby retains and reserves from this conveyance (and the Property does not include) for itself, and its successors and assigns, any and all interest in any and all oil, gas and other minerals in, on, or under the Land owned by Seiler, if any; provided, however, Seller hereby waives and relinquishes access to any use of the surface of the Property subsequent to the Closing of the transaction contemplated herein. Section 2. Independent Contract Consideration aid Purchase Price. (a) Contemporaneously with the execution of this Contract, Purchaser delivers to Seller a check in the amount of FIFTY AND 00/100 DOLLARS ($50.00) ("Independent Contract Consideration") as independent consideration for Seller's execution, delivery and performance of this Contract. This independent Contract Consideration is in addition to and independent of any other consideration or payment provided for in this Contract, is non-refundable, and shall be retained by Seller CFW Purchase of Lot 1,Block 1,Ta Addition F Page I of 13 ���1 �a� notwithstanding any other provision of this Contract; however, upon Closing(as hereinafter defined),the Independent Contract Consideration shall be applied as a credit toward the Purchase Price(as hereinafter defined). (b) The purchase price("Purebase Price")for the Property,payable by Purchaser to Seller at Closing (as hereinafter defined), is TWO HUNDRED THOUSAND DOLLARS and 001100 DOLLARS(5200,000.00). Section 3. Title CQmmhment and Survey. (a) Within fifteen (I5) business days after the Effective Date, Purchaser shall obtain at Purchaser's sole cost and expense,a Commitment for Title Insurance("Title Commitment") from Alamo Title Company, 2900 South Hulen Street,Suite 30,Fort Worth,Texas 76109,Telephone: (817)370-7393, Attention, Lavonne Kcith(the "Title Company"). The Title Commitment shall be effective as of a date which is on or after the Effective Data;, showing Seller as the record title owner of the Land, and shall show all Encumbrances and other matters, if any, relating to the Property. The Title Company shall also deliver contemporaneously with the Title Commitment legible copies of all documents referred to in the Title Commitment,including but not limited to,plats,reservations,restrictions,and easements. (b) Seller has not provided Purchaser with an existing survey of the Property. Purchaser may obtain a survey of the Property("Survey")at Purchaser's sole cost and expense. The Survey shall consist of a plat and field note describing the Property, prepared pursuant to a current on-the-ground staked survey performed by a registered public surveyor or engineer satisfactory to Purchaser and Title Company. The Survey shall (i)be certified to Purchaser, its successors and assigns, and Title Company, (ii) reflect the actual dimensions of and the total number of square feet within the Property net of any portion thereof lying within a publicly dedicated roadway or a utility casement,(iii) identify any rights-of- way, easements, or other Encumbrances by reference to applicable recording data, and (iv) include the Surveyor's registered number and seal and the date of the Survey. in the event that Purchaser does not obtain its own Survey,the description of the Property prepared as a part of the survey provided by Seller will be used in all of the documents set forth in this Contract that require a legal description of the Property. Otherwise, the description of the Property prepared as part of the Survey will be used in all of the documents sett forth in this Contract that require a legal description of the Property. (c) Purchaser shall have a period of time ("Title Review Perm") commencing on the Effective Date and ending fifteen(I5) business days after the Fflective Date in which to notify Seller in writing of any objections("Objections")Purchaser has to any matters shown on the Title Commitment or the Survey. (d) Seller shall have the option, but not the obligation, to remedy or remove all Objections (or agree irrevocably in writing to remedy or remove all such Objections at or prior to Closing)during the period of time (the "Care Period") ending on the tenth (10 ) business day after Seller's receipt of Purchaser's notice of such Objections. Except to the extent that Seller cures, or agrees in writing to cure, such Objections during the Cure Period, Seller shall be deemed to have elected not to cure such matters, If Seller is, or is deemed to be, unable or unwilling to remedy or cause the removal of any Objections(or agree irrevocably to do so at or prior to Closing)within the Cure Period, then either(t) this Contract may be terminated in its entirety by Purchaser by giving Seller written notice to such effect during the period of time(the "Termination Period")ending on the fifth(5'") business day following the end of the Cure Period, and the parties shall be released of further obligations under this Contract; or (ii) any such Objections may be waived by or on behalf of Purchaser, with Purchaser to be deemed to have waived CFW Purchase of Lot 1,Block 1,Ta Addition Page 2 of 13 such Objections if notice of termination is not givtn within the Termination Period. Any title encumbrances or exceptions which are set forth in the Title Commitment or the Survey and to which Purchaser does not object within Title Review Period (or which are thereafter waived or deemed to be waived by Purchaser) shall be deemed to be permitted exceptions (the "Permitted Exceptions")to the status of Seller's title to the Property. (d) Any other provision herein to the contrary notwithstanding,(i)all exceptions disclosed in the Title Commitment(or any subsequent commitment) which arise on or after the Effective Uate of this Contract and arc not attributable to actions by Purchaser and (ii) all Objections that Seller agrocs in writing to cure at or prior to Closing(collectively,the"Mandatory Cure Items")shall be satisfied,cured or removed by Seller,at Seller's sole cost and expense,at or prior to Closing. Section d. Due D ' ence Documents. Seller shall provide Purchaser with any and all due diligence documents, including but not limited to (i) any and all tests, construction plans, studies and investigations relating to the Property and the operation and maintenance thereof, including, without limitation, any soil tests, engineering reports or studies, and any Phase I or other environmental audits, reports or studies of the Property; (ii) any and all information regarding condemnation notice(s� proceedings and awards affecting the Property; and (iii) all proposed or existing private covenants, conditions and restrictions, of which the Property will be a part and any other private agreements affecting the use or development of the Prop" (the "Due Diligence Material"). Upon Purchaser's request, Saila will also make the Due Diligence Material electronically available,to the extent feasible. Sectio»S. Taft. Purchaser, at Purchaser's sole cost and risk, shall have the right to go on to the Property, including the Improvements,to make inspections,surveys,test borings,soil analysis,and other tests. studies and surveys, including without limitation, environmental and engineering tests, i borings, analysis, and studies("Testa"). Any Tests shall be conducted at Purchaser's sole expense. At the conclusion of the Tests,the Property will be restored by Purchaser, at Purchaser's sole expense,to at least a similar condition as before the Tests were conducted. in the event this transaction does not close for any reason whatsoever, the Purchaser shall release to Seller any and all independent studies or results of Tests obtained during the Option Period (as defined below). Purchaser is expressly prohibited from entering onto any land owned by Seller that is adjacent to the Property in order to conduct Tests or carry out any due diligence activities. Section 6. Option Period. c, (a) Notwithstanding anything to the contrary contained in this Contract, for the period extending from the Effective Date until fiEandr—!$, HKr(titc:Up!Ion Period"), the following will be a condition precedent to Purchaser's obligations under this Contra . N(a 6i 20l Purchaser being satisfied in Purchaser's sole and absolute discretion that the Property is suitable for Purchaser's intended use as a community park, including, without limitation, Purchaser being satisfied with the results of the Tests(defined in Section S above). (b) If Purchaser is not satisfied in Purchaser's sole and absolute discretion as to the condition precedent described in Section 6(a) above, Purchaser may give written notice thereof to Seller on or before the end of the Option Period.whereupon this Contract shall terminate. Upon such amination,tate Contract will terminate,and neither party shall have any further rights or obligations under this Contract. (c) The provisions of this Section 6 control all other provisions of this Contract. CFW Purchase of Lot 1,Black 1,To Addition Mage 3 of 13 (d) The parties agree that the Option Period will not be extended upon expiration without a written amendment signed by bath parties. Section 7. Closing Deadline, The closing ("Closing") of the sale of the Property by Seller to Purchaser shall occur through the office of the Title Com/p�any on or b erre Ir4ttreh 18,-29167— 1`�(a.� G,Z a I � Section 8. Closigg. 6tn hcSL .' (a) At the Closing, all of the following hall occur, all of which are de cbncumetf�i'�-� conditions: (1) Seller, at Seller's sole cost and expense, shall deliver or cause to be delivered to Purchaser the following: (i) A Special Warranty Deed("Deed"), fully executed and acknowledged by Seller, convoying to Purchaser good and indefeasible fee simple title to the Property subject only to the Permitted Encumbrances, but containing a reservation of the mineral rights, with the precise form of the Teed to be determined pursuant to Section 10 below; (u) A Non-Foreign Person Affidavit, in form and substance reasonably satisfactory to Purchaser, fully executed and acknowledged by Seller, confirming that Seller is not a foreign person or entity within the meaning of Section 1445 of the Internal Revenue Code of 1986, as amended; (iii) Evidence of authority to consummate the We of the Property as is contemplated in this Contract or as Purchaser or the escrow agent may reasonably request;and (iv) Any other instrument or document necessary for Title Company to issue the Owner Policy in accordance with Section 8(ax3)below. (2) Purchaser, at Purchaser's sole cost and expense, shall deliver or cause to be delivered to Seller through the Title Company federally wired funds or a certified or cashier's check or such other means of funding acceptable to Seller, in an amount equal to the Purchase Price:,adjusted for closing costs and prorations. Purchaser shall also deliver any other instrument or document necessary for Tide Company to issue the Owner Policy in accordance with 8(ax3)below. (3) Title Company shall issue to Purchaser, at Purchaser's sole cost and expense,an Owner Policy of 'Title Insurance ("Owner Polky") issued by Title Company in the amount of the Purchase Price insuring that, after the completion of tate Closing,Purchaser is the owner of indefeasible foe simple title to the Property,subject only to the Permitted Encumbrances, and the standard printed exceptions included in a Texas Standard Form Owner Policy of Title Insurance; provided, however, the printed form survey exception shall be limited to "shortages in ansa," the printed form exception for restrictive covenants shall be deleted except for those restrictive covenants that are Permitted Encumbrances, there shall be no exception for rights of patties in possession, and the standard exception for taxes shall read: "Standby Fees and Taxes for the year of Closing CF'W I'urchaw of Lot 1,Block 1.To Addition Page 4 of 13 and subsequent years, and subsequent assessments for prior years due to change in land usage or ownership"; (4) Seller and Purchaser shall each pay their respective attorneys'fees. (5) Seller and Purchaser shall each pay one half of all recording fees and any other closing costs as set forth by the Title Company. (b) Purchaser will qualify for exemption from ad valorem taxation for the Property, and no ad valorem taxation shall accrue after the date of Closing. "I'lierefore, any ad valorem taxes assessed E against the property for the current year shall be for the period of time the Property was owned by Seller, and based on estimates of the amount of taxes that will be due and payable on the Property during the current year,Seller shall pay for any taxes and assessments applicable to the Property up to and including the date of Closing. As soon as the amount of taxes and assessments on the Property for the current year is known, Seller shall pay any additional amount of taxes to be paid for any taxes and assessments applicable to the Property up to and including the date of Closing. The provisions of this Section 8(b) survive the Closing. (c) Upon completion of the Closing, Seller shall deliver possession of the Property to Purchaser, free and clear of all tenancies of every kind except those disclosed in the Permitted Encumbrances. Section 9. Seller's Rjoresentations. Seller hereby represents and warrants to Purchaser, as of the Effective Date and as of the Closing Date,except as otherwise disclosed in written notice from Seller to Purchaser at or prior to Closing,that to the best of Seller's actual knowledge: (a) Seller's Authority. This Contract has been duly authorized by requisite action and is enforceable against Seller in accordance with its terms; neither the execution and delivery of this Contract nor the consummation of the sale provided for herein will constitute a violation or breach by Seller of any provision of any agreement or other instrument to which Seiler is a party or two which Seller may be subject although not a party, or will result in or c nisiitute a violation or breach of any judgment, order, writ, junction or decree issued against or binding upon Seller or the Property; (b) No Pending Proceedings. There is no action, suit, proceeding or claim affecting the Property or any portion thereof, or affecting Seller and relating to the ownership, operation,use or occatpancy of the Property,pending or being prosecuted in any court or by or before any federal, state, county or municipal department, commission, board, bureau o agency or other governmental entity and no such action, suit, proceeding or claim is threatened or asserted; (c) Seller is Not a Foreign Person. Seller is not a foreign person or entity as defined in Section 1445 of the Internal Revenue Code of 1986, as amended, and Purchaser is not obligated to withhold any portion of the Sales Price for the benefit of the Internal Revenue Service; (d) No Insolvency Proceedings. No attachment, execution, assignment for the benefit of creditors, receivership, conservatorship or voluntary or involuntary proceedings in bankruptcy or pursuant to any other debtor relief laws is contemplated or has been filed by or against Seller or the Property,nor is any such action pending by or against Seller or the Property; CF'W Purchase of Lot 1,Block 1,To Addition Page 5 of 13 (e) Contract Obligations. Except as otherwise disclosed in the Title Commitment, no lease,contract or agreement exists relating to the Property or any portion thereof which is not terminable at will or upon not more than 30 days' prior notice except tenant leases; (f) No Competing Rights. No person, firm or entity,other than Purchaser, has any right to purchase, lease or otherwise acquire or possess the Property or any part thereof; (g) No Regulatory Violations. The Property is not in breach of any law, ordinance or regulation, or any Girder of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality wherever located, including, without limitation,those relating to environmental matters and hazardous waste,and no claim,action,suit or proceeding is pending or,to the best o Seller's knowledge and belief and after due inquiry, threatened against or affecting Seller or affecting the Property, at law or in equity, or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or entity wherever located, with respect to the Property or the Seller's present use and operation of the Property;and (h) No Hazardous Materials. To the best of Seller's knowledge, (i) all required federal, state and local permits concerning or related to environmental protection and regulation for the Property have been secured and are current; (ii) Seller is and has been in full compliance with such environmental permits and other requirements regarding environmental protection under applicable federal, state or local laws, regulations or ordinances;(iii)there is no pending action against Seller under any environmental law, regulation or ordinance and Seller has not received written notice of any such action or possible action; (iv) there is not now, nor has there been in the past any release of hazardous substances on, over,at,from,into or onto any facility at the Property,as such terms are understood under the Comprehensive Environmental Response, Compensation and Liability Act; and(v) Seller does not have actual knowledge of any environmental condition, situation or incident on, at or concerning the Property that could reasonably be expected to give rise to an action or to liability under any law,rule, ordinance or common law theory governing environmental protection. Seller acknowledges that Purchaser has relied and will rely on the representations and warranties of Seller in executing this Contract and in closing the purchase and sale of the Property pursuant to this Contract, and Seller, during the term of this Contract, agrees to notify Purchaser promptly in the event that Seller obtains knowledge of any change affecting any of such representations and warranties, in which event Purchaser shall be entitled to exercise the remedies set forth in Section 14 hereof. Until and unless Seller's warranties and representations shall have been qualified and modified as appropriate by any such additional int'ormation provided by Seller to Purchaser, Purchaser shall continue to be entitled to rely on Seller's representations and warranties set forth in this Contract, notwithstanding any contrary information resulting from any inspection or investigation made by or on behalf of Purchaser. All of Seller's representations and warranties, as so qualified and rnodified, shall survive Closing pursuant to limitations set forth in Section 15. Section 10. Seller's 'ovenants. (a) Updating of Information. Seller acknowledges that Purchaser will rely upon the Title Commitment, Survey, Due Diligence documents and other materials delivered by Seller to Purchaser hereunder to satisfy itself with respect to the condition and operation of the Property, and Seller agrees that, if Seller discovers that the information contained in any of Cl!W Purchase of Lot 1,Block 1,Ta Addition Page 6 of 13 r the materials delivered to Purchaser hereunder is inaccurate or misleading in any respect,then Seller shall prwnptly notify Purchaser of such changes and supplement such materials. (b) Prohibited Activities. During the term of this Contract, Seller shall not, without the prior written consent of Purchaser, which consent Purchaser shall have no obligation to grant and which consent, if granted, may be conditioned in such manner as Purchaser shall deem appropriate in the sole discretion of Purchaser. (i)grant any licenses,easements or other uses affecting any portions of the Property; (ii) permit any mechanic's or materialman's lien to attach to any portion of the Property; or(iii) place or permit to be placed on, or remove or permit to be removed from, the Property any trees, buildings, structures or other improvements of any kind. (c) Cooperation in Permitting Activities. During the term of this Contract, Seiler may cooperate with Purchaser upon Purchaser's request in order to obtain site plan approval, a building permit or any other approvals required for Purchaser's proposed use of the Property as a community park, including without limitation, signing such applications for such approvals and other instruments as may be required. Purchaser shall bear the costs and expenses of obtaining all such approvals except for attorneys' fees that Seller may consider necessary in conncction with reviewing such applications and instruments, which shall be borne solely by Seller. Section 11. enb. Purchaser represents and warrants to Seiler that it has not engaged the services of any agent, broker, or other similar party in connection with this transaction. Seller represents that it has engaged Loc Truong, Universal Realty as its sole and exclusive broker(the"Broker") and shall be solely responsible for the payment of the commission due at Closing under such representation. Section 12. CMng Doc eats. No later 3 business days prior to the Closing, Seller shall deliver to Purchaser copies of the closing documents (including but not limited to the Deed) for Purchaser's reasonable right of approval. Section 13. Not (a) Any notice under this Contract shall be in writing and shall be deemed to have been served if(i)delivered in person to the address set forth below for the party to whom the notice is given or at Closing, (ii) delivered electronically via electronic mail to the electronic mail address set forth below for the party to whom notice is given, (iii) placed in the United States mail, return receipt requested, addressed to such party at the address specified below, or (v) deposited into the custody of Federal Express Corporation to be sent by FedEx Overnight Delivery or other reputable overnight carrier for next day delivery,addressed to the party at the address specified below. (b) The address of Buyer under this Contract is: City of Fort Worth With a copy to: 1000 Throckmorton Street Leann D.Gunman Fort Worth,Texas 76102 City Attorney's Office Attention: Andrew Virdell City of Fon Worth Telephone: 817-392-8379 1000 Throckmorton Electronic mail:andrew.virdell@fon"rthtexas.com Fort Worth.Texas 76102 Telephone:(817)392-7600 Electronic mail: j.et,«� 6u&tmA*,e �a-�lo�T�lort'�+✓ CFW Purchase of Lot 1,Block 1,Ta Addition Pap 7of13 (c) The address of Seller under this Contract is: DANNY TA,CHARLIE TA, LOC DINH TA With a copy to: 32121laltom Road Loc Truong Haltom City,Texas 76117 2615 W. Pioneer Pkwy,Suite 104 Telephone:817-682-2900 Grand Prairie,TX 75051 charliecta@yahoo.com Telephone:972-897-8225 huong_m _nguyen@yahoo.com (d) From time to time either party may designate another address or fax number under this Contract by giving the other party advance written notice of the change. Section 14. Termination,Default,and Remedies. (a) if Purchaser fails or refuses to consummate the purchase of the Property pursuant to this Contract at the Closing for any reason other than termination of this Contract by Purchaser pursuant to a right so to terminate expressly set forth in this Contract or Seller's failure to perfimm Seller's obligations under this Contract, then Seller, as Seller's sole and exclusive remedy, shall have the right to terminate this Contract by giving written notice thereof to Purchaser prior to or at the Closing, whereupon neither party hereto shall have any further rights or obligations herewider. (b) If(1)Seller fails or refuses to timely consummate the sale of the Property pursuant to this Contract at Closing,(2)at the Closing any of Seller's representations, warranties or covenants contained herein is not true or has been breached or modified, or (3) Seller fails to perform any of Seller's other obligations hereunder either prior to or at the Closing for any reason other than the termination of this Contract by Seller pursuant to a right so to terminate expressly set forth in this Contract or Purchaser's failure to perform Purchaser's obligations under this Contract,then Purchaser shall have the right to: (i) terminate this Contract by giving written notice thereof to Seller prior to or at the Closing and neither party hereto shall have any further rights or obligations hereunder;or (ii) waive, prior to or at the Closing, the applicable objection or condition and proceed to close the transaction contemplated hereby in accordance with the remaining tem)s hereof Section 15. Survival of Ublipations. (a) The representations and warranties made by Seller pursuant to this Section 9 shall survive Closing for a period of six (6)nxnths after Closing(the"Survival Period") and shall not merge into the Special Warranty Deed to be delivered at Closing. Unless Purchaser discovers the breach of any such representation or warranty on a date (the "Discovery Date") prior to the end of the Survival Period and gives Seller written notice(tire "Breach Notice")of the breach within ninety (90)days after the Discovery Date,no alleged breach of any such representation or warranty may C'FW Parchnse of Lot 1,Block 1,Ta Addition N -c8of13 form the basis of an action by Purchaser against Seller for breach of any such representation or warranty. Any such action must be brought within one (1) years after the Discovery Date, provided that a Breach Notice has been timely given in accordance with the immediately preceding sentence. (b) PURCHASER ACKNOWLEDGES THAT THE PROPERTY IS BEING OFFERED ON AN ASIS, BA.SISS WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE IS NO WARRANTY BY SELLER THAT THE PROPERTY IS FIT FOR A PARTICULAR USE OR PURPOSE. PURCHASER ACKNOWLEDGES THAT IT IS NOT RELYING ON ANY REPRESENTATION.STATEMENT OR OTHER ASSERTION WITH RESPECT TO THE PROPERTY CONDITION, BUT IS RELYING UPON ITS EXAMINATION OF THE PROPERTY. PURCHASER TAKES THE PROPERTY UNDER THE EXPRESS UNDERSTANDING THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES. PROVISIONS OF THIS SECTION 15 SHALL SURVIVE CLOSING. Section 16. Entire Contract. This Contract (including the attached Exhibits) contains the entire contract between Seller and Purchaser, and no oral statements or prior written matter not specifically incorporated herein is of any force and effect. No modifications are binding on either party unless set forth in a document executed by that party. Section 17. Assigns. This Contract inures to the benefit of and is binding on the parties and their respective legal representatives, successors, and assigns. Neither party may assign its interest under this Contract without the prior written consent of the other party. Section 18. Taiduff Prior to Main If, prior to Closing, the Property or any portion thereof becomes subject to a taking by virtue of eminent domain, Purchaser may, in Purchasers sole discretion, either(i)terminate this Contract and neither party shall have any further rights or obligations hereundw•, or(ii)proceed with the Closing of the transaction with an adjustment in the Purchase Price to reflect the net square footage of the Property aftr the taking. Section 19. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. Section 20. Performance of Contract. The obligations under the terms of the Contract are performable in Tarrant County, Texas,and any and all payments under the terms of the Contract are to be made in Tarrant County, Texas. Section 21. Venue Venue of any action brought under this Contract shall be in 'Tarrant County, Texas if venue is legally proper in that County. Section 22. Severability. if any provision of this Contract is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this Contract will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Section 23. Business Days/Effective Date. If the Closing or the day for performance of any act required under this Contract falls on a Saturday,Sunday,or legal holiday,then the Closing or the day for CFW Purchase of Lot t,Block 1,To Addition Page 9 of 13 1 such performance, as the case may be, shall be the next following regular business day. The date on which the Tide Company receipts a copy of the Contract is the"Effective Date." Section 24. ConaftMIa This Contract may be executed in multiple counterparts, each of which will be deemed an original,but which together will constitute one instrument. Section 25. Terminology. The captions beside the section numbers of this Contract arc for reference only and do not modify or affect this Contract in any manner. Wherever required by the context, any gender includes any other gender,the singular includes the plural,and the plural includes the singular. Section 26. Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party is not to be employed in the interpretation of this Contract or any amendments or exhibits to it. Section 27. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party or parties are entitled to reasonable attorneys' fees,costs and necessary disbursements in addition to any other relief to which such party or parties may be entitled. (SIGNATURES APPEAR ON THF.FOLLOWING PAGE} I CFV Purchase of Lot 1,Block 1,Ta Addition Pago 10 of 13 This Contract is EXECUTED as of the Effective Date first set forth above. SELLER: DANNY TA fka DUNG DINH TA,CHARLIE TA fka CHONG DINH HOANG TA, AN71NI4 TA Danny Ta fka Dung Dinh Ta Charlie Ta 6a ong inh lloang Ta Loc Dinh Ta PURCHASER: CITY OF FORT WORTH,TEXAS By: Jc,,-;.us J.Chapia,Assistant City Ianagcr V O-R Attest: 0 C tV SS e'�c %"000wo S Date:-.3" APP 01VED AS TO LEGA1,1TY AND FORM ssisita4nt ,ity Attorne CFW Purchase of Lot 1,Block 1,To Addition OFFICIAL RECORD Page I I of 13 CITY SECRETARY FT. WORTH, TX By its execution below, Title Company agrees to perform its other duties pursuant to the provisions of this Contract. TITLE COMPANY: By: Name: Title: Date: CFW Purchase of Lot 1,Block 1,Ta Addition Page 12 of 13 EXHIBIT "A" Lot 1,Block A, Ta Addition,an addition to the City of Fort Worth,Tarrant County, Texas as indicated on the plat filed of record, instrument number D197216461 in the Tarrant County Deed Records. Subdivision is part of the Hiram Little Survey,Abstract no.930,Fort Worth, Tarrant County Texas. City of Fort Worth, Texas Mayor and Council Communication GOL 14GTfQN Approved on 3t2212046 Ordnance No 221 20- 3- 4'{6 . .,A,. . .._.. ,. : . .. DATE: Tuesday, March 22, 2016 REFERENCE NO.: **L-15879 LOG NAME: 21 PMD 1229 MCPHERSON ROAD ACQUISITION SUBJECT: Authorize Acquisition of a Fee Simple Interest in Approximately 14.1 Acres of Land Located at 1229 McPherson Road from Dung Dinh Ta, Chong Dinh Hoang Ta and Loc Dinh Ta, Owners, in the Amount of $200,000.00, Pay Estimated Closing Costs Up to $10,000.00 for a Total Cost Up to $210,000.00, Dedicate Property as McPherson Park and Adopt Appropriation Ordinance (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance increasing receipts and appropriations in the Acquisition - NPU 2-27 Neighborhood Park Project of the Park Dedication Fees Fund in the amount of$224,500.00 from available earned interest and available park dedication fees and reducing the unspecified Park Dedication Fees Fund - Interest Earnings Center in the amount of$195,654.27 and reducing the unspecified Park Dedication Fees Fund - Neighborhood Park Land Fees Center in the amount of $29,845.73; 2. Authorize the acquisition of approximately 14.1 acres of land located at 1229 McPherson Road from Dung Dinh Ta, Chong Dinh Hoang Ta and Loc Dinh Ta in the amount of$200,000.00 and pay the estimated closing costs up to $10,000.00; 3. Authorize the City Manager or his designee to accept the conveyance, pay just compensation and record the appropriate instruments; and 4. Dedicate the property as parkland upon conveyance as McPherson Park. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to acquire land located in southeast Fort Worth in accordance with the Neighborhood and Community Park Dedication Policy and the Park, Recreation and Open Space Master Plan, which calls for the provision of adequate park and recreational areas in the form of Neighborhood Based Parks and Community Based Parks. In December 2014, the Park and Recreation Department began assessing potential properties in south Fort Worth for neighborhood park land acquisition. Due to subdivision population growth specific to Neighborhood Park Unit 2-27 where no neighborhood parkland currently exists, this resulted in an underserved neighborhood parkland need of approximately 14.1 acres based on current population. Upon completion of internal staff assessment of various parcels, the site located at 1229 McPherson Road was found most suited for a neighborhood park. As the site is centrally located adjacent to multiple neighborhood subdivision developments and is fronted by a collector street to existing neighborhoods with pedestrian access, it is found suitable for recreational amenity development with good site conditions and available utilities. Logname: 21PMD 1229 MCPHERSON ROAD ACQUISITION Page 1 of 3 Staff recommends acquiring approximately 14.1 acres of land located at 1229 McPherson Road from Dung Dinh Ta, Chong Dinh Hoang Ta and Loc Dinh Ta, Owners, by way of voluntary acquisition to meet the need for additional parkland in south Fort Worth. An independent appraisal was performed and the owner accepted the appraised value for the property. Staff has received an executed purchase contract from the seller. Upon City Council approval, a site survey will be performed to complete the due diligence of this property which will be reviewed prior to closing. In addition, the City's Park and Recreation staff will ensure the property meets the requirements for its proposed use as a neighborhood park. The budget for this project is as follows: j Description Amount (Purchase Price $200,000.00 Closing Cost $ 10,000.00 Site Survey $ 9,500.00 Project Management, ect. i $ 5,000.00 Total Project Budget $224,500.00; This project is identified in the Park and Recreation Department's Five-Year Capital Plan (2015-2020) under the funding request for land acquisition. The Neighborhood and Community Park Dedication Policy and the Park, Recreation and Open Space Master Plan call for the provision of adequate park and recreational areas in the form of Neighborhood Based Parks and Community Based Parks. The park will be held in reserve status until development occurs. The annual cost to maintain this parkland in reserve status is estimated to be $308.00. When the park is developed, additional funding will be requested for maintenance operations of the added facilities and the resultant increase in use. The property is located in COUNCIL DISTRICT 8, Mapsco 432 F6. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budget, as appropriated, of the Park Dedication Fees Fund. Available Remaining Available Fund Appropriation Transfer Appropriations Amount I Amount Park Dedication Fees Fund $2,033,957.00 [$19 4,654.27 $1,839,303.00 Interest Earnings Park Dedication Fees Fund Neighborhood Unit 2-27 $ 29,845.73 $ 29,845.73 $ 0.00 Neighborhood Park Land Fees I Logname: 21PMD 1229 MCPHERSON ROAD ACQUISITION Page 2 of 3 ...........- ................ ............. ................ ........... FUND IDENTIFIERS (FIDs): TO Fundi Department Accoun , Project ProgramActivity. Budget Reference # Amount ID ............. ID Year (Chartfield 2) 1301101 0800450 i4611010 UNSPEC UN9000 . $194,654.27 1301101 0800450 14611010 CO2716 i C09041 1 $194,654.27 301101 0800450 4413080 UN8018 I UN9000 . $29,845.731 301101 0800450 14413080 CO2716 1 1 C09041 $29,845.731 301101 0800450 5710010 CO2716 1 C09041 I $224,50U01 ............. .......... ........ FROM lFund! Department Account, Project ,ProgramActivity' Budget Reference # Amount ID ID Year (Chartfield D800450 CO2716 6 C09041 '$224,500.00......... ...... ................. .................------ ......... ---------...... CERTIFICATIONS: Submitted for City Manager's Office by: Jesus J Chapa (5804) Steve Cooke (5134) Originating Department Head: Richard Zavala (5704) Andrew Virdell (5469) Additional Information Contact: Laura Morales (2311) ATTACHMENTS 1. 21 PMD 1229 MCPHERSON ROAD ACQUISITIONAO.docx (Public) 2. BUDGET JOURNAL 21 PMD 1229 MCPHERSON ROAD ACQ.docx (CFWlnternal) 3. Map - McPherson Road Park.pd (Public) Logname: 21PMD 1229 MCPHERSON ROAD ACQUISITION Page 3 of 3