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HomeMy WebLinkAboutContract 35571-A7SEVENTH AMENDMENT OF PURCHASE CONTRACT THIS SEVENTH AMENDMENT OF PURCHASE CONTRACT ("Amendment") is made and entered into by and between the CITY OF FORT WORTH, TEXAS, acting by and through its duly authorized City Manager or Assistant City Manager ("Seller"), and CYPRESS EQUITIES I, LP ("Purchaser"), as of December 31, 2012 ("Amendment Effective Date"). RECITALS A. Seller and Purchaser entered into a Purchase Contract (City Secretary Contract No. 35571) dated as of July 25, 2007 ( the "Contract") for the sale and purchase of the approximately 194,776 square foot tract of land described as parcels, 3A, 4A, 4C on the attached Exhibit A, (collectively, the "Property"). B. Seller and Purchaser amended the Contract (City Secretary Contract No. 36454) ("First Amendment") to extend the Contract and allow Purchaser to take down individual tracts of land for the development of a commercial/retail center. C. Seller and Purchaser amended the Contract (City Secretary Contract No. 35571-A2) ("Second Amendment") to extend the Contract for an additional six months. D. Seller and Purchaser amended the Contract (City Secretary Contract No. 35571-A3) ("Third Amendment") to extend the Contract for an additional six months. E. Purchaser has requested that Seller extend the Contract (City Secretary Contract No. 35571 A4) ("Fourth Amendment") to extend the Contract to July 1, 2011. F. Purchaser has requested that Seller extend the Contract (City Secretary Contract No. 35571 A5) ("Fifth Amendment") to extend the Contract to January 1, 2012. G. Purchaser has requested that Seller extend the Contract (City Secretary Contract No. 35571 A6) ("Sixth Amendment") to extend the Contract to January 1, 2013. i H. Purchaser has requested that Seller extend the Contract and Seller is willing to extend the N co Contract. Except as otherwise defined herein, all of the defined terms in this First Amendment have v the same meanings given to those terms in the Contract. w AGREEMENT In consideration of the mutual covenants in this Seventh Amendment, Seller and Purchaser agree as follows: 1. Section 6(a) of the Contract is amended to provide as follows: "(a) Purchaser shall have a period of time commencing on the Effective Date and terminating on January 1, 2014("Option Period") during which to enter and e-tie=P operty and, at its expense, conduct the Test (defined below)." OFFICIAL. RECAR1 CITY SECRETARY Cypress Seventh Amendment to Purchase Agreemen[.DOC 2. Except as amended by this Seventh Amendment, all of the terms and conditions of the Contract are ratified and remain in full force and effect. This Seventh Amendment is executed as of the Date. a��C_G 000l SELLER: CITY OF FORT WORTH Fernando Costa Assistant City Manager PURCHASER: CYPRESS EQUITIES I, L.P. a Texas limited partnership. By: Cy pr s Equities, I , Liabilit ompany, it everOak L �c a Texas limited al Partner BnYan Parro Chief Financial Officer/ Vice President Attest Mary J. I�ay City Secretary Approved as to��orm and Legality Assistant Ci y ttornQ Contract Authorization L-15286 Date: 12.6.11 Cypress Seventh Amendment to Purchase Ag'eement FinaI.DOC 2 DATE: CODE: SUBJECT: 12/6/2011 REFERENCE NO.. L TYPE: **L-15286 CONSENT LOG NAME: PUBLIC HEARING:fag rZ`71 17CYPRESSAMEND6 i� Authorize AAmendment to City Secretary greement to SellCity-Owned Property in the Evans and Rosedale Project Area to Cypress Equities I, LP (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1. Amend the Purchase Agreement an Agreement o extend the Purchase additional twelvetnecessary, months and, another'additional t year; and 2. Execute an appropriate deed conveying ted are property to Cypress Equities I, LP and record the deed if terms of the Option Agreement as DISCUSSION: On June 5, 2007, the City Council authorized the sale of approximately 4.5 acres of property located in the Evans and Rosedale Urban Village known as the West Retail to Cypress Equities I, LP, (Cypress) for $730,700.00 (M&C L-14331). City Council chose Cypress to be the Master Developer portionThe West Retail e of the Evans and Rosedale Pr Inter fate Highway 35W Srvice Road, East Terrell Avenue3 Missouri is the property bounded by the Avenue and East Rosedale Street. Pursuant to the Purchase Agreement and subsequent amendments, Cypress had an option period to complete its due diligence. Cypress continues to actively engage restaurants and businesses to relocate to the West Retail area and have been successful with the Jack in the Box that opened early this year. Cypress' current option to Purchase Agreement for the West Retail property will expire on January 1, 2012. Cypress requests an extension to the Purchase Option Agreement for an additional 12 months and if necessary, an additional one year extension. Cypress is currently working on a new development that will begin construction in late Spring of 2012. Staff recommends the proposed amendment. The property is located in COUNCIL DISTRICT 8. The Financial Management Services Director certifies that this action will have no material effect on City funds. Page 1 TO Fund/AccounuCenters Oriainatina Department Head: Additional Information Contact: ATTACHMENTS EvRoProiectArea (3).pdf FROM Fund/Account/Centers Fernando Costa (6122) Jay Chapa (5804) Cynthia Garcia (8187) Fabiola Suarez (6811) Page 2 of