HomeMy WebLinkAboutContract 16860 , t
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STATE OF TEXAS §
COUNTY OF TARRANT
WHEREAS, the City of Fort Worth has received grant monies from
the United States Department of Housing and Urban Development
( "HUD" ) through the Community Development Block Grant ( "CDBG" )
program with which the City funds community service programs that
benefit low and moderate income residents of the City; and
WHEREAS, the Food hank of Greater Tarrant County serves low and
moderate income residents of the City by collecting and distributing
food to benefit low and moderate income residents of the City; and
WHEREAS, the City desires to provide CDBG funds to the Food
Bank, to assist the Food hank in the purchase of a food storage and
distribution facility to better serve the low and moderate residents
of the City;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS :
That, for and in consideration of the mutual covenants, prom-
ises and agreements contained herein, the City of Fort Worth
( "City" ) , acting by and through its duly authorized agent, Assistant
City Manager Ramon Guajardo, hereby contracts with the Food Bank of
Greater Tarrant County ( "Contractor" ) , acting by and through its
duly authorized President of the Board of Directors, Jere Robertson,
whose business address is P.O. Box 470094, Fort Worth, Texas 76147,
do hereby covenant and agree as follows:
I . Scope of Services
Contractor will use funds granted hereunder to assist in the
purchase of property to be used as a warehouse for the storage and
distribution of food, which activity will serve low and moderate
income persons in Fort Worth . The term of this Contract shall be for
10 years, beginning July 1, 1988, and ending June 30, 1998. The
property is described as follows :
Block 14, Lot 6R, Bailey' s Industrial Addition, according to
plat recorded in Volume 388-54, Page 27, Plat Records of
Tarrant County, Texas, and has the street address 2602-2606
Cullen, Fort Worth, Texas.
2. Funding and Reports
City will provide Contractor with CDBG monies irn an amiuit-- t
to exceed $200, 000. OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TEX.
Contractor covenants and agrees that the portion of the prop-
erty purchased with CDBG funds under this contract will be used
solely for the storage and distribution of food for the benefit of
low and moderate income persons.
Contractor covenants and agrees that if, during the term of
this contract, the property purchased in part with the funds granted
hereunder is sold or converted to a use other than as a food storage
and distribution facility or other CDBG eligible activity, which
change in use is without the express, written approval of the City,
Contractor covenants and agrees to pay City the amount of 16% of the
fair market value of the property at the time it is sold or the use
of the property is changed without the approval of the City.
3 . Reports and Audits
Contractor will submit to City on July 1, for each year this
contract is in effect, an annual report of Contractor 's activities
and services provided during the previous year. The annual report
submitted by Contractor to donor agencies is sufficient to meet this
requirement.
Contractor will cooperate fully with City in monitoring the use
of CDBG Funds. In this regard Contractor agrees to keep records
sufficient to document its compliance with all applicable laws,
regulations and contract terms. All records shall be retained for
three (3 ) years following the date of termination of this agree-
ment . City, HUD and the United States Comptroller General, or their
representatives, shall have access to any books, documents, records
and papers relating to the operations of Contractor under this
contract for the purpose of audit, examination, exception and
transcription at all reasonable hours at all offices of Contractor.
A single audit of all Contractor ' s operations may be conducted upon
demand by City or an independent public accountant of City ' s choice,
in accordance with OMB Circular A-128.
If as a result of any audit it is determined that Contractor
has misused, misapplied or misappropriated all or any part of the
grant funds described herein, Contractor agrees to indemnify, hold
harmless and defend City and its officers, agents, servants and
employees from and against any and all claims or suits resulting
from such misuse, misapplication or misappropriation of such funds
and to reimburse the City the amount of such monies so misused, mis-
applied or misappropriated.
Contractor covenants and agrees that, in the event an audit is
conducted by City or on behalf of City, which audit reveals any
improper expenditures by Contractor, its officers, agents, servants,
employees and/or subcontractors, of the funds granted hereunder and
such questioned costs are disallowed and become final under the
procedures of the party by whom or on whose behalf said audit is
conducted, then the amount of such disallowed cost shall constitute
liquidated damages for the breach of that portion of the contract
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audited . In case such disallowed cost becomes final as herein set
out, Contractor agrees to pay City said sum as liquidated damages
for Contractor ' s failure to perform the duties, bear the liabilities
and fulfill the obligations imposed upon it by this agreement, and
City agrees to accept and take said cash payment as its total
damages and relief hereunder in such event. The parties hereto agree
that City' s actual damages, in the event of a default by Contractor,
would be difficult to ascertain, and the parties, therefore, agree
that such amount as shall be determined by said final disallowed
cost is, to each of them, reasonable as liquidated damages.
4 . Applicable Laws
A. Federal
Contractor agrees to comply with the following laws and the
regulations issued thereunder as they are currently written or are
hereafter amended during performance of this contract:
Title VI of Civil Rights Act of 1964 (42 USC 2000d et seq)
Title VIII of Civil Rights Act of 1968 (42 USC 3601 et seq)
Executive Orders 11063, 11246, as amended by 11375 and as
supplemented by Department of Labor regulations (41 CFR,
Part 60
Age Discrimination Act of 1975 (42 USC 6101 et seq)
Immigration Reform and Control Act of 1986, specifically in
cluding the provisions requiring employer verifications of
legal worker status of its employees
Housing and Community Development Act of 1987
B. Section 3 of the Housing and Urban Development
Act of 1968, as amended, 12 USC 170lu
As the work to be performed under this contract is on a project
assisted under a program providing direct Federal financial assis-
tance from the Department of Housing and Urban Development and is
subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 USC 1701u, Contractor cove-
nants to abide by the requirements of the said Section 3 . It re-
quires as follows:
(a) That, to the greatest extent feasible, opportunities for
training and employment be given lower income residents of
the project area, and
(b) That, to the greatest extent feasible, contracts for work
in connection with the project be awarded to business con-
cerns which are located in or owned in substantial part by
persons residing in the area of the project.
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Contractor will comply with the provisions of said Section 3
and the regulations issued pursuant thereto by the Secretary of
Housing and Urban Development, set forth in 24 CFR 135, and all
applicable rules and orders of the Department issued thereunder
prior to the execution of this contract. Contractor certifies and
agrees that it is under no contractual or other disability which
would prevent it from complying with these requirements.
Contractor agrees that it will send to each labor organization
or representative of workers with which it has a collective bargain-
ing agreement or other contract or understanding, if any, a notice
advising the said labor organization or workers representatives of
its commitments under this Section 3 clause and shall post copies of
the notice in conspicuous places available to employees and appli-
cants for employment or training .
Contractor agrees that it will include the said Section 3
clause in every subcontract for work in connection with the project
and will, at the direction of City, take appropriate action pursuant
to the subcontract upon a finding that the subcontractor is in vio-
lation of regulations issued by the Secretary of Housing and Urban
Development, 24 CFR 135. Contractor agrees that it will not subcon-
tract with any subcontractor where it has notice or knowledge that
the latter has been found in violation of regulations under 24 CFR
135 and will not let any subcontract unless the subcontractor has
first provided Contractor with a preliminary statement of ability to
comply with the requirements of these regulations.
City and Contractor understand and agree that compliance with
the provisions of Section 3, the regulations set forth in 24 CFR
135, and all applicable rules and orders of the Department issued
thereunder prior to the execution of this contract shall be a condi-
tion of the Federal financial assistance provided to the project,
binding upon the City and the Contractor, and their respective suc-
cessors, assigns and subcontractors. Failure to fulfill these re-
quirements shall subject Contractor and its subcontractors, its
successors and assigns, to those sanctions specified by the Grant
Agreement through which Federal assistance is provided and to such
sanctions as are specified by 24 CFR 135.
C. Clean Air Act; Clean Water Act; Environmental Protection Agency
Acts and Regulations
This agreement is subject to the requirements of Section 306 of
the Clean Air Act, as amended (42 USC 1857 (h) et seq. ) , Section 508
of the Clean Water Act (33 USC 1368), Water Pollution Control Act,
as amended (33 USC 1251 et seq. ) and the regulations of the
Environmental Protection Agency with respect thereto at 40 CFR,
Part 15, as amended from time to time, and Executive Order 11738. In
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compliance with said regulations, Contractor agrees and, with re-
spect to any nonexempt transaction, shall require each subcontractor
to agree to the following requirements :
( 1 ) A stipulation that no facility to be utilized in the
performance of nonexempt contract or subcontract work
is included on the List of Violating Facilities
issued by the Environmental Protection Agency (EPA)
pursuant to 40 CFR 15. 20;
( 2 ) Compliance with all the requirements of Section 114
of the Clean Air Act, as amended (42 USC 1857c-8) ,
and Section 308 of the Federal Water Pollution
Control Act, as amended (33 USC 1318) , relating to
inspection, monitoring, entry, reports and informa-
tion, as well as all other requirements specified in
said Section 114 and Section 308 and all regulations
and guidelines issued hereunder;
(3 ) A stipulation that, as a condition for the award of
the contract, prompt notice will be given of any
notification received from the Director, Office of
Federal Activities, EPA, indicating that a facility
utilized or to be utilized for the contract is under
consideration to be listed on the EPA List of
Violating Facilities;
(4) Agreement by Contractor that he will include or cause
to be included the criteria and requirements in
Paragraphs (a) through (d) of this section in every
nonexempt subcontract, requiring that Contractor will
take such action as City may direct as a means of
enforcing such provisions .
In no event shall any amount of the assistance provided under
this agreement be utilized with respect to a facility which has
given rise to a conviction under the Clean Air Act or the Clean
Water Act.
D. Other Laws
Contractor covenants and agrees that its officers, members,
agents, employees, program participants and subcontractors shall
abide by and comply with all other laws, federal, state and local,
relevant to the performance of this contract, including all ordi-
nances, rules and regulations of the City of Fort Worth and the
Housing and Community Development Act of 1974, as amended, and all
regulations pertaining thereto. Contractor further promises and
agrees that it has read, and is familiar with, terms and conditions
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of the Community Development Block Grant under which funds are
granted and that it will fully comply with same. It is agreed and
understood that, if City calls the attention of Contractor to any
such violations on the part of Contractor or any of its officers,
members, agents, employees, program participants or subcontractors,
then Contractor shall immediately desist from and correct such vio-
lation.
5. Prohibition Against Discrimination
A. Generally
Contractor, in the execution, performance or attempted perfor-
mance of this contract and agreement, will not discriminate against
any person or persons because of sex, race, religion, color or
national origin, nor will Contractor permit its officers, members,
agents, employees, subcontractors or program participants to engage
in such discrimination.
B . Employment
During the performance of this contract Contractor agrees, and
will require all of its subcontractors to agree, as follows:
( 1 ) Contractor will not discriminate against any employee
or applicant for employment because of race, color,
religion, sex or national origin. Contractor will
take affirmative action to ensure that applicants are
employed and that employees are treated during
employment without regard to their race, color,
religion, sex or national origin. Such action shall
include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruit-
ment or recruitment advertising; layoff or termina-
tion; rates of pay or other forms of compensation;
and selection for training, including apprentice-
ship. Contractor agrees to post in conspicuous
places, available to employees and applicants for
employment, notices setting forth the provisions of
this nondiscrimination clause.
( 2 ) Contractor will, in all solicitations or advertise-
ments for employees placed by or on behalf of
Contractor, state that all qualified applicants will
receive consideration for employment without regard
to race, color, religion, sex or national origin.
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C. Age; Handicap
In accordance with the policy of the Executive Branch of the
federal government, Contractor covenants that neither it nor any of
its officers, members, agents, employees, program participants or
subcontractors, while engaged in performing this contract, shall, in
connection with the employment, advancement or discharge of
employees or in connection with the terms, conditions or privileges
of their employment, discriminate against persons because of their
age or because of any handicap, except on the basis of a bona fide
occupational qualification, retirement plan or statutory require-
ment.
Contractor further covenants that neither it nor its officers,
members, agents, employees, subcontractors, program participants, or
persons acting on their behalf, shall specify, in solicitations or
advertisements for employees to work on this contract, a maximum age
limit for such employment unless the specified maximum age limit is
based upon a bona fide occupational qualification, retirement plan
or statutory requirement.
This agreement is made and entered into with reference specif-
ically to the ordinances codified at Chapter 17, Article III ,
Division 3 ( "Discrimination in Employment Practices" ) , of the City
Code of the City of Fort Worth, and Contractor hereby covenants and
agrees that Contractor, its officers, members, agents, employees and
subcontractors, have fully complied with all provisions of same and
that no employee, employee-applicant or program participant has been
discriminated against by the terms of such ordinances by either the
Contractor or its officers, members, agents, employees or subcon-
tractors.
6 . Prohibition Against Interest
No member, officer or employee of City or its designees or
agents; no member of the governing body of the locality in which the
program is situated; and no other public official of such locality
or localities, who exercises any functions or responsibilities with
respect to the program funded hereunder during his tenure or for one
year thereafter, shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be
performed hereunder. Contractor shall incorporate, or cause to be
incorporated, like language prohibiting such interest in all con-
tracts and subcontracts hereunder.
No officer, employee, member or program participant of Contrac-
tor or its subcontractors shall have a financial interest, direct or
indirect, in this contract or the monies transferred hereunder or be
financially interested, directly or indirectly, in the sale to
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Contractor of any land, materials, supplies or services purchased
with any funds transferred hereunder, except on behalf of Contrac-
tor , as an officer, employee, member or program participant. Any
willful violation of this paragraph with the knowledge, expressed or
implied , of Contractor or its subcontractors shall render this con-
tract voidable by the City of Fort Worth.
7. Non-Assignment
Contractor will not assign any or all of its rights or respon-
sibilities under this contract without the prior written approval of
City. Any purported assignment without such approval will be a
breach of this contract and void in all respects .
8. Independent Contractor
Contractor shall operate hereunder as an independent contractor
and not as an officer, agent, servant or employee of City. Contrac-
tor shall have exclusive control of, and the exclusive right to
control, the details of the work and services performed hereunder,
and all persons performing same, and shall be solely responsible for
the acts and omissions of its officers, members, agents, servants,
employees, subcontractors, program participants, licensees or
invitees. The doctrine of respondeat superior shall not apply as
between City and Contractor, its officers, members, agents, ser-
vants, employees, subcontractors, program participants, licensees or
invitees, and nothing herein shall be construed as creating a part-
nership or joint enterprise between City and Contractor. It is
expressly understood and agreed that no officer, member, agent,
employee, subcontractor, licensee or invitee of the Contractor, nor
any program participant hereunder, is in the paid service of City
and that City does not have the legal right to control the details
of the tasks performed hereunder by Contractor, its officers, mem-
bers, agents, employees, subcontractors, program participants,
licensees or invitees.
City shall in no way nor under any circumstances be responsible
for any property belonging to Contractor, its officers, members,
agents, employees, subcontractors, program participants, licensees
or invitees, which may be lost, stolen, destroyed or in any way
damaged; and Contractor hereby indemnifies and holds harmless City
and its officers, agents, and employees from and against any and all
claims or suits.
9 . Indemnity; Insurance
Contractor covenants and agrees to indemnify, hold harmless and
defend, at its own expense, City and its officers, agents, servants
and employees from and against any and all claims or suits for
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property loss or damage and/or personal injury, including death, to
any and all persons, of whatsoever kind or character, whether real
or asserted, arising out of or in connection with the purchase of
the real property described in Section 1 of this contract, whether
or not caused, in whole or in part, by alleged negligence of offi-
cers, agents, servants, employees, contractors or subcontractors of
City; and Contractor hereby assumes all liability and responsibility
of City and its officers, agents, servants, and employees for any
and all claims or suits for property loss or damage and/or personal
injury, including death, to any and all persons, of whatsoever kind
or character, whether real or asserted, arising out of or in connec-
tion with the purchase of the real property described in Section 1
of this contract, whether or not caused in whole or in part, by
alleged negligence of officers, agents, servants, employees, con-
tractors or subcontractors of City.
10 . Waiver of Immunity
if Contractor, as a charitable or nonprofit organization, has
or claims an immunity or exemption (statutory or otherwise) from and
against liability for damages or injury, including death, to persons
or property, Contractor hereby expressly waives its rights to plead
defensively such immunity or exemption as against City.
11 . Public Liability Insurance
Contractor shall furnish a certificate of insurance as proof
that it has secured and paid for policies of public liability insur-
ance covering all risks incident to or in connection with the execu-
tion, performance, attempted performance or non-performance of this
contract and agreement.
The amounts of such insurance shall not be less than the maxi-
mum liability which can be imposed on City under the laws of the
State of Texas. At present, such amounts shall be as follows:
Property damage, per occurrence $100, 000
Bodily injury or death, per person $250,000
Bodily injury or death, per occurrence $500, 000
with the understanding and agreement by Contractor that such
insurance amounts shall be revised upward at City 's option and that
Contractor shall revise such amounts within thirty (30 ) days
following notice to Contractor of such requirements.
Contractor also covenants and agrees to furnish the City of
Fort Worth with a certificate of insurance as proof that it has
obtained and paid for a policy of Workers ' Compensation Insurance in
the amounts required by State law, covering any and all employees of
Contractor active in the program funded under this contract; and
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Contractor agrees to require its subcontractors to carry adequate
Workers ' Compensation Insurance in the amounts required by State
1 aw.
Contractor also covenants and agrees to furnish the City with a
certificate of insurance that it has obtained and paid for a policy
of flood insurance in the amount required by 24 CFR 570.605 .
Contractor will submit to City documentation that it has
obtained insurance coverage as required in this contract within
thirty (30 ) days of the execution of this contract.
12 . Termination
If at any time during the ten ( 10) year term of this contract,
Contractor repays the $200,000.00 amount to City, the contract will
terminate and Contractor will be released from reporting and other
requirements, and City shall release its lien on the property.
13 . Miscellaneous Provisions
It is expressly understood and agreed by and between the
parties hereto that all monies distributed to Contractor hereunder
shall be exclusively from Year XI CDBG monies received under said
grant and not from any monies of City.
The provisions of this agreement are severable, and, if for any
reason a clause, sentence, paragraph or other part of this agreement
shall be determined to be invalid by a court or federal or state
agency, board or commission having jurisdiction over the subject
matter thereof, such invalidity shall not affect other provisions
which can be given effect without the invalid provision.
The failure of City to insist upon the performance of any term
or provision of this agreement or to exercise any right herein con-
ferred shall not be construed as a waiver or relinquishment to any
extent of City' s right to assert or rely upon any such term or right
on any future occasion.
Should any action, whether real or asserted, at law or in
equity, arise out of the execution, performance, attempted
performance or non-performance of this contract and agreement, venue
for said action shall lie in Tarrant County, Texas.
This written instrument and Addendum "A" attached hereto, which
is incorporated by reference and made a part of this contract for
all purposes, constitute the entire agreement between the parties
hereto concerning the work and services to be performed hereunder,
and any prior or contemporaneous, oral or written agreement which
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purports to vary from the terms hereof shall be void. Any amendments
to the terms of this contract must be in writing and must be
approved by City.
IN WITNESS WHEREOF, the parties hereto hav executed four
copies of this contract in Fort Worth, Tarrant nty, Texas, this
+4- day of � �o , A.D. 19
ATTEST: CITY OF FORT WORTH
1 '
Ci.tyt Secretary gamon Guajardo
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
"Y- �L�n
OL-City Atto ney
i
Date /2- 2� $
ATTEST: FOOD BANK OF GREATER TARRANT
COUNTY
BY: (— cTv�✓
Secretary, Je� Robertso , President
Bo rd of Directors
C -1®glq �
Contrast Authorizatipn
Date
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and
for the State of Texas, on this day personally appeared Ramon
Guajardo, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that the same was
the act of the City of Fort Worth and that he executed the same as
the act of said City of Fort Worth for the purposes and considera-
tion therein expressed and in the capacity therein stated .
-
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ��� day of
1 'p
A.D. 19�g
SHIRLEY FERRELL Notary blic in and or
the State of Texas
Notary Public State of Texas
My Commission Expires Msy 2.1992
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
for the State of Texas, on this day personally appeared Jere
Robertson, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that she executed
the same for the purposes and consideration therein expressed, as
the act and deed of the FOOD BANK OF GREATER TARRANT COUNTY and in
the capacity therein stated as its duly authorized officer or
representative. oo��
GIVEN ONDER MY HAND AND SEA OF OFFICE this oL day of
A.D. 19 .
'......
CELESTINE PERRY Notary Public in and f r
i• + Notary Public State of Texas the State of Texas
� My Commisllibn Expiry Oct. 19. 1992
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r
• REC91"VtD
FER 27 1989
Noosing & Nan Seniors 91pt
Mr�l 0 9 59
D189026800
CHARLES CUMBY
1000 THROCKMORTON ST
HOUSING & HUMAN SERV
FT WORTH, TX 76102
-W A R N I N 6-THIS IS PART OF THE OFFICIAL. RECORD--D 0 N 0 T D E S T R O Y
F I L E D -- T A R R A N T C 0 U N T Y T E X A S
S U Z A N N E H E N D E R S 0 N -- COUNTY CLERK
O F F I C I A L R E C E I P T
T 0: CITY OF FORT WORTH
RECEIPT NO REGISTER PRINTED DATE TIME
189104986 DR93 02/16/89 12:07
INSTRUMENT FEECD AMOUNT FILED TIME
1 D189026800 DT 9. 00 890216 12:06 CA
T 0 T A L DOCUMENTS: 01 F E E S: 9. 00
i
B Y:
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNFORCEABLE UNDER FEDERAL LAW.
095:15 2 53
0 959
DEED OF TRUST
Date: December 30, 1988
Grantor: Food Bank of Greater Tarrant County, Texas.
Grantor 's Mailing Address (including county) :
P .O. Box 470094
Fort Worth, Tarrant County, Texas 76147
Trustee: Richard Aughinbaugh.
Trustee's Mailing Address (including county) :
City of Fort Worth Department of Law
1000 Throckmorton Street
Fort Worth, Tarrant County, Texas 76102
Beneficiary: City of Fort Worth.
Beneficiary 's Mailing Address (including county) .
c/o Sandra Gonzales
Housing and Human Services Department
CITY OF FORT WORTH
1000 Throckmorton Street
Fort Worth, Tarrant County, Texas 76102
Obligation: Promise to pay upon the occurrence of specified
events of sale, lease or change in use of property,
pursuant to the terms of the contract of even date
between Beneficiary and Grantor, under the terms of
which beneficiary provides a portion of the purchase
money for the purchase of the Property (described
herein) .
Property (including any improvements ) :
Block 14, Lot 6R, Bailey 's Industrial Addition to the City of
Fort Worth, Tarrant County, Texas, according to plat recorded
in Vol. 388-54, p. 27, Plat Records of Tarrant County, Texas.
Prior Lien(s ) (including recording information) :
Holder: Summit National Bank
Amount: $700, 000
Recorded: Tarrant County, Texas
Office of County Clerk
April 14, 1988
File No. 523764
Vol. No. 09243
Pages 1134-1147
For value received and to secure payment of the Obligation,
Grantor conveys the Property to Trustee in trust. Grantor warrants
09515 2 9
and agrees to defend the title to the Property. If Grantor performs
all the covenants and fulfills the terms of the Obligation, this
Deed of Trust shall have no further effect, and Beneficiary shall
release it.
GRANTOR'S OBLIGATIONS
Grantor agrees to:
1 . fulfill all terms and conditions contained in the Obliga-
tion, including the promise to pay specified amounts to
Beneficiary if the Property is sold or the use of the
Property as specified in the Obligation is changed without
Beneficiary's prior written consent;
2 . keep the Property in good repair and condition;
3. pay all taxes and assessments on the Property when due;
4. preserve the lien 's priority as i_ is established in this
Deed of Trust;
5. maintain, in a form acceptable to beneficiary, an insur-
ance policy that:
a. covers all improvements for their full insurable
value as determined when the policy is issued and
renewed, unless Beneficiary approves a smaller amount
in writing;
b. contains an 80% coinsurance clause;
C. provides fire and extended coverage, including wind-
storm coverage;
d. protects Beneficiary with a standard mortgage clause;
e. provides flood insurance;
f. contains such other coverage as Beneficiary may
reasonably require;
6. comply at all times with the requirements of the 80% coin-
surance clause;
7. deliver the insurance policy to Beneficiary and deliver
renewals to Beneficiary at least ten (10) days before
expiration;
8. keep any buildings occupied as required by the insurance
policy.
BENEFICIARY 'S RIGHTS
1 . Beneficiary may appoint in writing a substitute or succes-
sor trustee, succeeding to all rights and responsibilities
of Trustee.
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09515 2 0
2 . If Grantor fails to perform any of Grantor ' s obligations,
Beneficiary may perform those obligations and be reim-
bursed by Grantor on demand for any sums so paid, includ-
ing attorney ' s fees. The sucn to be reimbursed shall be
secured by this Deed of Trust.
3 . If Grantor fails to fulfill the terms of the obligation or
fails to perform any of Grantor 's obligations or if de-
fault occurs on a prior lien note or other instrument,
Beneficiary may:
a. declare the amount due according to the obligation
immediately due;
b. request Trustee to foreclose this lien, in which case
Beneficiary or Beneficiary 's agent shall give notice
of the foreclosure sale as provided by the Texas
Property Code as then amended; and
C. purchase the property at any fore losure sale by
offering the highest bid and then have the bid
credited on the amount due according to the obliga-
tion.
TRUSTEE'S DUTIES
If requested by Beneficiary to foreclose this lien, Trustee
shall:
1 . either personally or by agent give notice of the foreclos-
ure sale as required by the Texas Property Code as then
amended.
2 . sell and convey all or part of the property to the highest
bidder for cash with a general warranty binding Grantor,
subject to prior liens and to other exceptions to convey-
ance and warranty; and
3. from the proceeds of the sale, pay, in this order :
a. expenses of foreclosure;
b. to Beneficiary, the full amount of principal, inter-
est, attorney ' s fees, and other charges due and
unpaid;
C. any amounts required by law to be paid before payment
to Grantor; and
d. to Grantor, any balance.
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095 :5 22` 51
GENERAL PROVISIONS
1 . If any of the Property is sold under this Deed of Trust,
Grantor shall immediately surrender possession to the pur-
chaser. If Grantor fails to do so, Grantor shall become a
tenant at sufferance of the purchaser, subject to an
action for forcible detainer.
2 . Recitals in any Trustee' s deed conveying the property will
be presumed to be true.
3. Proceeding under this Deed of Trust, filing suit for fore-
closurr-, or pursuing any ct;ger remedy will not constitute
an election of remedies.
4. This lien shall remain euperior to liens later created.
5. When the context requires, singular nouns and pronouns
include the plural.
6. The term Obligation includes all sums secured by this Deed
of Trust.
7. This Deed of Trust shall bind, inure to the benefit of,
and be exercised by successors in interest of all parties.
8. If Grantor and Maker are not the same person, the term
Grantor shall include Maker.
J
Grantor
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged beforegie,on this ,rl day of
19 by
ROSEMARY TURNER
Metary Public,State of Texas
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City of Fort Worth, Texas k ConiD I j- aie��cr,
Mayor and Council Communication
DATE REFERENCE SUBJECT: PURCHASE OF WAREHOUSE - FOOD PAGE
NUMBER BANK OF GREATER TARRANT COUNTY Iof 2
04/26/88 C- 10943
RECOMMENDATION
It is recommended that the City Council authorize the City Manager:
1. To transfer $200,000 from the CDBG Year XI Innovative Housing Account No.
76-206080-21, to the new Food Bank Acquisition Account No. 76-206080-26;
and
2. To negotiate and execute a contract with the Food Bank of Greater Tarrant
ount for $200,000 from the Food Bank Acqulsl >on ccount No.
76-206080-26 to assist in the purchase of a warehouse to increase its food
storage space.
DISCUSSION
The Food Bank of Greater Tarrant County is a warehouse operation which
solicits, receives, inspects, stores, and redistributes donated food to
churches and agencies in Tarrant County. The bulk of the food goes to Food
Bank member agencies in Fort Worth which give the food to needy individuals and
families.
Most people who are served by the member organizations are low-income. However,
some are in the middle-income category, caught in financial emergencies due to
unexpected problems. All clients have been designated as qualified by the Food
Bank's member agencies.
The Executive Director of the Food Bank coordinates a staff of 12 and more than
200 community volunteers each month. Currently, the Food Bank is operated from
a 13,000 square foot building. The lack of storage space has resulted in
truckloads of donated food being turned away. The Food Bank has purchased a
75,000 square foot building at 2602-2606 Cullen, of which 35,000 square feet
will be used for the operation of the Food Bank. The remaining space will be
leased. The purchase price was $1,250,000. This new building will provide
space for the organization to expand and, the leased space will generate income
to the Food Bank for defraying operating expenses of the Food Bank.
An outright grant of $450,000 has been received by the Food Bank from the
McFadden Fund and a challenge grant of $200,000 has been offered by the Tandy
Corporation. Additional grants are being sought to fund the total $1,250,000
purchase price of the facility. With the $200,000 in CDBG funds the expected
private to public ratio would be approximately 6:1.
If the use of the building for an eligible CDBG activity is discontinued, or
if the building is sold, the contract would require that reimbursement be made
to the City of Fort Worth, at the then current fair market value of the
property, according to the terms of Sections 570.503(b)(8) and 570.505(b) of
the Department of Housing and Urban Development regulations.
DATE REFERENCE SUBJECT:PURCHASE OF WAREHOUSE - FOOD PAGE
NUMBER
04/26/88 C- 10943 BANK OF GREATER TARRANT COUNTY 2
This expenditure was recommended for approval by the Community Development
Council on April 13, 1988.
FINANCING
Sufficient funds are available in Grant Fund No. 76, Project No. 206081-21,
Innovative Housing, to be transferred to a new project 206080-26, Food Bank
Acquisition. Expenditure will be made from Index Code 500553, Building Space.
DAI :sbs/hhs
AP-
CITY
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SUBMITTED FOR THE
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY: Ramon G u a j a r d o Q APPROVED
ORIGINATING O OTHER (DESCRIBE)
DEPARTMENT HEAD: Sandra Gonzales CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT: S . Gonzales - 7537 , DATE