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HomeMy WebLinkAboutContract 35571-A3c®NrRA��ErA�V THIRD AMENDMENT OF PURCHASE CONTRACT THIS TIIlItD 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 July 1, 2009 ("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. Purchaser has requested that Seller again extend the Contract and Seller is willing to extend the Contract. E. Except as otherwise defined herein, all of the defined terms in this First Amendment have the same meanings given to those terms in the Contract. AGREEMENT In consideration of the mutual covenants in this Second Amendment, Seller and Purchaser agree as follows: 1. Section 6(a) and Section 6(e) of the Contract are amended to provide as follows: "(a) Purchaser shall have a period of time commencing on the Effective Date and terminating on July 1, 2010 ("Option Period") during which to enter and examine the Property and, at its expense, conduct the Test (defined below)." "(e) The parties agree that, in the event Purchaser submits permit applications for the development of the Property prior to June 20, 2010, Purchaser may request to extend the Option Period for an additional six months upon submitting a written request to Seller. Seller, in its sole discretion shall determine whether to grant an extension. If granted, Seller shall send written notification to Purchaser of the extension. If the extension is not granted, this Contract shall automatically terminate." 2. Section 8(a) of the Contract is amended by adding Section 8(a)(7) as follows: "(7) A Storm Water Management Plan prepared by a civil engineering firm providing a holistic view of the Property must be presented to Seller no later than January 15, 2010.."_ TARY FT, UMfOcTu, TEE Cypress Third Amendment to Purchase Agreement rev (2) (5).DOC 3. Section 8(a) of the Contract is amended by adding Section 8(a)(8) as follows: "(8) Seller purchased the Property and the property adjacent therto known as the Evans Avenue parcel ("the Evans Parcel") with grant monies from the United States Department of Housing and Urban Development under Title 1 of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.) for utilization in connection with its Community Development Block Grant ("CDBG"). Because Seller purchased the Property and Evans Parcel with CDBG monies, a total of 108 new jobs must be created or caused to be created on the Property and Evans Parcel ("Job Creation Requirement") and at least 51 percent of the jobs created or retained will benefit low and moderate income persons and will be held by low and moderate income persons. If Purchaser intends to sell or lease the Property or a Tract to another user after Purchaser's acquisition under this Contract, Purchaser shall use its good faith efforts to set up meetings between Seller and the user so that Seller may provide details and requirements relating to the Job Creation Requirement. Purchaser shall provide Seller with reasonable proof of its good faith efforts in setting up such meeting prior to Closing." 4. Section 8 (c) of the Contract is amended by deleting the date "January 10, 2008" in the second line and substituting "July 1, 2010, or such other date as the parties may subsequently agree to in writing" in lieu thereof. 5. Except as amended by this Third Amendment, all of the terms and conditions of the Contract are ratified and remain in full force and effect. This Third Amendment is executed as of the Effective Date. CYPRESS THIRD AMENDMENT TO PURCHASE AGREEMENT REV (2) (5).DOC 2 SELLER: CITY OF FORT WORTH T. M. Higgins , Assistant City Manager PURCHASER: CYPRESS EQUITIES a Texas limited partnership. By: Cypress Equities I GP, LLC, a Texas limited Liabil"mpany, itsPffeneral Partner Parro Chief Financial Officer Attest as t�61�o�iin and Legality Leg C� I Contract Authorization ®F�'IC1�1L RECORI? rl CRETAIN *Irr WORTH, TX CYPRESS THIRD AMENDMENT TO PURCHASE AGREEMENT REV (2) (5).DOC 3