HomeMy WebLinkAboutContract 31581COUNTY OF TARRANT
STATE OF TEXAS
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OPTION TO PURCHASE AND PURCHASE AGREEMENT
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THIS OPTION to Purchase ("Option") dated �%%r,��� „1�L_, � is between the
City of Fort Worth, a home rule municipality, ("Seller"), acting through Ma rr A nt t its dul y
authorized Assistant City Manager and J,4 K�.0 . yo ("Purchaser").
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V�HEREAS Seller is the otivner of property within 5000 feet of Lake Worth; and
WHEREAS Section 272.001 of the Te�as Local Government Codes, Subsection (h),
provides that a municipality with a population of 575,000 or less and owning land within 5,000
feet of ihe shoreline of a lalce may sell the land to the person leasing the land for ihe fair market
value of the land without the solicitation of bids; and
WI�REAS Pttrchaser leases property from Seller, such Properly mare particularly
described on E�iibit "A", attached hereto and incorporated herein by reference ("the Property");
and
WI +REAS, Purchaser desires to purchase the Property from Seller and desires to obtain
an optiori to purchase the Property;. and
WHEREAS the City Council of the City of Fort Worth has adopted a policy in which the
property surrounding Lake Worth can only be sold when it is connected to the Ciiy of Fort Worth
water or sewer system or when it is connected io a municipal water or sewer system; and
WIIEREAS, it is anticipated that it may take up to 10 years for the Property to be
connected to the City of Fort Worth water ar sewer system.
NOW THEREFORE, the parties agree as follows:
1.
Grant of Optiou
OPTION TO PURCHASE AND PURCHASE AGREEMENT
February 3, 2004
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For the consideration expressed in Paragraph 4 of thzs Contract, Seller hereby grants Purchaser,
its successors and assigns the exclusive right to purchase the Property subject to the terms set
forth in this Agreement.
2. _
Term/Termination
A. So long as this Option Agreement is not terminated under Section 2.B., this Option shall
expire on October 31, 2013, or one year after Purchaser receives a"Sewer Connection
Noiice" as defined in Paragraph 6, or one yeaar after Purchaser gives a"Purchaser's Notice"
as defined in Paragraph 6, whichever is sooner.
IF PURCHASER DOES NOT RECEIVE A SEWER CONNECTION NOTICE AND
HAS NOT GIVEN SELLER A PURCHASER'S NOTICE BY MAY 31, 2013,
PURCHASER.MUST EXERCISE HIS OPTION TO PURCHASE THE PROPERTY
BY JUNE 30, 2013. IF PURCHASER FAILS TO PURCHASE THE PROPERT'Y BY
�,T(TNE 30, 2013, THIS OPTION SHALL AUTOMATICALLY TERMINATE AND
� PURCHASER SH�.LL NOT HAVE ANY RECOUR.SE AGAINST SELLER AND
PURCHASER SHALL NOT BE ENTITLED TO ANY DAMAGES AGAINST
SELLER.
IF PURCHASER RECEIVES. A SEWER CONNECTION NOTICE OR GIVES
SELLER A PURCHASER'S NOTICE, PURCHASER MUST SATISFY ALL OF
- THE CONDITIONS SET FORTH 1N PARAGRAPH 3 AND COMPLETE THE
PURCHASE OF THE PROPER.TY WITHIN ONE YEA.R OF RECEIVING THE
SEWER CONNECTION NOTICE OR GIVING PURCHASER'S NOTICE. IF
PURCHASER FAILS TO SATISFY ALL OF THE CONDITIONS IN PARAGRAPH
3 AND FAILS TO COMPLETE THE PURCHASE OF 'I'HE PROPERTY WITHIN
ONE YEAR OF RECEIVING THE SEWER CONNECTION NOTICE OR GIVING
PURCHASER'S NOTICE, THIS OPTION SI3ALL AUTOMATICALLY
TERMINATE A.ND PURCI3ASER SHALL NOT HA.VE ANY RECOURSE
AGAINST SELLER t�.ND PURCHASER SIi�LL NOT BE ENTITLED TO ANY
DAMAGES AGAINST SELLER.
B. If the Purchaser's Lease on the Property is terminated as provided under the terms of
the Lease A.greement, this Option shall automatically termanate and the Option Fee
shall not be refunded. If this Option is terminated under this section, Purchaser shall
OPTION TO PVRCHA.SE AND PURCFIASE AGREEMENT
February 3, 2004
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noi have any recourse against Seller and Purchaser shall not be entitIed to any damages
against Seller.
3.
Conditions Necessary to Exercise
A. If Purchaser receives a Sewer Connection Notice or gives �'urchaser's Noiice prior to
September 30, 2013 and desires to exercise Purchaser's option to purchase the Property,
Purchaser must saiisfy all the following conditions:
(1) if the system available for conneciion is a City of Fort Worth Sewer System or Seller
sends a"Sewer Design Notice" to Purchaser, a Tap Fee and Impact Fee associated
with connecting the Property fo the City of Fort Worth Sewer System must be paid in
full. The actual ainount of the Tap Fee and the Impact Fee will be the amount set and
approved by the Fort Worth City Council at the time the Option is exercised;
(2) tlie Property must be connected to eiiher the City of Fort Worth water system, or the
City of Fort Worth sewer system, a municipal water system or a municipal sewer
system;
(3) all taxes on the Property are current and not in a delinquent status;
(4) alI payments or money due to ihe City of Fort Worth must be current and not in a
delinquent status, "payments" and "money due" includes, but is not limited to lease
paymenis, garbage fees and,water and sewer fees;
(5) all the liens on the Property securing any indebtedness to Seller must be paid and
released;
(6) the Properry has been platted by the City of Fort Worth since 1990 and Purchaser has
accepted ihe description of the Property as shown on the most reeent recorded plai
filed by the City of Fort Worth; and
(7) ihe Property is not served by a. septic tank ar a drainage field off the Property.
B. In order to exercise Purchaser's Option to purchase the Property, Purchaser must satisfy or be
in compliance with the conditions set forth in Paragraph 3 A above within one year of
receiving a Sewer Connection Notice from Seller or sending a Purchaser Notice to Seller.
OPTION TO PURCHASE AND PURCHASE AGREEMENT Page 3 of 26
February 3, 2004
4.
Opiion Fee
In consideration of the graniing of this Option, Purchaser shall pay Seller five hundred dollars
within ninety days from the date this Option is sent to Purchaser by certified mail. The failure of
Purchaser to pay the option fee by the date designated shall cause this agreement to immediately
terminate.
5.
Purchase Price of the Property
A. In consideration of the payment of the option fee, in order to purchase the
Property, the Purchase price shall be the fair market value of the Property as
deteirmined by an independent appraiser
B. The year 2000 is the base year to determine the fair market value. The valuation
from 2001 through 2013 shall increase at a compounded rate of 2% per year as
shown on Exhibit "B".
C. Fair market value of the Property for the base year as deter:mined by an
independent appraiser is as follows:
Any land above the 601' contoux line will be sold for $.65 per square foot.
Any land below the 601' contour line and above the 594' contour line will
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be sold for $.35 per square foot. The contour lines will be based upon a
plat filed by the City of Fort Worth as recorded in the Tarrant County
Deed Records.
D. The Option fee will be credited iowaxds the purchase price.
6.
Sewer Connection
A. Seller shall give Purchaser written notice of its intent ("Sewer Design Notice") to
begin the design of the sewer system that will serve the Property. In such Sewer
Design Notice, Seller shall give Purchaser the opportuliity to meet with the City of
Fort Worth staff to review the Iocation where the sewer system connection will be
located.
O�TION TO PURCHASE AND PURCI3ASE AGREEMENT
February 3, 2004
Page 4 of 26
B. Once the Property can be connected to the City of Fort Worth or municipal_sewer
system, Seller shall send Purchaser written notice ("Sewer Connection Notice")
specifying that it is the Sewer Connection Notice provided for in this agreement,
the date of such notice and that the City o�Fort Worth or municipal sewer system
is available for Purchaser's connection.
C. Once the property can be or is connected io a City of Fort Worth water system, a
municipal water system or to a municipal sewer system supplied by a municipality
other than the City of Fort Worth, Purchaser may send Seller written notice
(Purchaser's Notice), specifying that it is the Purchaser's Notice provided for in
this agreement, the date of such noiice, the waier or sewer system that the property
is or can be connected to, and the municipality providing the water or sewer
system that is available for Purchaser's connection or to which Purchaser had
previously connected. If Purchaser's septic system incorporates a septic tank or
drainage field that is not located on the Property, Purchaser cannot send Seller a
Purchaser's Notice unless the property is connected to a City of Fort Worth ox
municipal sewer system.
D. Sewer connection will be made to either a gravity city sewer (Type 1&2) ar a low-
pressure city sewer (Type 3) as shown on Exhibit "D". Ty�e 1&2 gravity
connections will be provided at the properiy line by the City. Purchaser tivill be
responsible for installation . of all plumbing from the house to the tap at the
property line and abandonment of existirig septic tanks in accordance with the
City plumbing code.
Type 3 sewer connections to a low-pressuxe system will be provided to the point
of the grinder pump installation. The City �vill maintain the grinder pump and all
plumbing between the grinder pump and the City main as part of the City sewer
system. The Purchaser agrees to grant the City an easement in order to rnaintain
the Grinder Pump system. Purchaser agrees to pay an additional fee for the
maintenance of the Grinder Pump after the 5' year factory w�rranty on grinder
pump expires. The Purchaser must install the necessary electrical connection, and
plumbing from the house to the grinder pump location ("Purchaser
Improvements") concurrent with the grinder pump installation by the City.
Within 180 days of the grinder pump being installed, Purchaser shall abandon the
existing septic tank(s).
The grinder pump will not be installed until the Purchaser Improvements have
been completed and approved by the City of Fort Worth. All private
plumbing/electrical improvements must meet applicable City of Fort Worth codes.
The Seller will pay for the grinder pump and the installation of the grinder ptunp
if Purchaser mal�es all of Purchaser Improvements within one year of the Sewer
OPTION TO PURCHASE AND PURCHASE AGREEMENT
February 3, 2004
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Connection Notice. PURCHASER ACKNOWLEDGES AND AGREES THAT
IF THE PURCHASER DOES NOT MAI�E THE PRIVATE INIl'ROVEMENTS
WITHTN ONE YEAR OF THE SEWER CONNECTION NOTICE, THE
SELLER SHAI.L NOT PAY FOR THE GRINDER PUMP OR PAY FOR THE
INSTALLATION.
E. Purchaser sha11 connect the Property to the sewer system and abandon a11 septic
systems on ihe property within one year of receiving the Sewer Connection
Notice. All costs of the installation and connection to tlie sewer system and the
abandonment of the septic system shall be paid by Purchaser as outlined above in
section 6D.
7.
Closing
A. The closing of this transaction sha11 take place at the offices of a Title Company in
Tarrant County at the earlier of:
1. . Within one year of the date in which Seller sends the Sewer Connection
Notice to Purchaser and Purchaser.has satisfied all of the conditions set
forth in Paragraph 3. In order to close, Purchaser must have satisfied all of
the conditions set forth in Paragraph 3"Conditions Necessary to Exercise"
wiihin one year of the Sewer Connection Notice being sent by Seller to
Purchaser; or
2. Within one year of the date ir� which Purchaser sends Purchaser's Notace
to Seller and Purchaser has satisfied all of the conditions set forth in
Paragraph 3. In. order to close, Purchaser must have satisfied all of the
conditions set forth in Paragraph 3"Condiiions Necessary to Exercise"
wiihin one year of the Purchaser's Notice being sent by Purchaser to
Se11er; or
3. By October 31, 2013 if Seller does not send a Sewer Connection Notice to
Purchaser by September 30, 2013 a.nd Purchaser does not send a
Purchaser's Notice to Seller prior to September 30, 2013
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B. The Tit1e Company will be selected by Purchaser.
OPTION TO PURCI3ASE AND PURCHASE AGREEMENT
February 3, 2004
Page 6 of 26
C. At Closing the following shall occur, each of which sha1l be a concurrent
condition to the Closing:
1. Seller sha11 deliver to Purchaser a duly executed and acktiowledged deed
in a form sufficient to convey title io the Property to Purchaser, and the
deed sha11 include an avigation easement and an easement for Pt�rchaser's
use of the lalLe, in ihe form attached hereto as E�iibit "C";
2. Yurchaser shall pay to Seller the Purchase Price by cashier check or wire
transfer to a banlc account of which Seller has notified Purchaser at least
twenty-four hours prior to closing; and
3. Purchaser shall pay to Seller the Tap and Impact Fees required under
Paragraph 3 and associated with connecting the Property to the City of
Fort Worth Sewer Sysiem by cashier checic or wire transfer to a bank
account of which Seller has notified Purchaser at least twenty-four hours
prior to closing.
8.
Cosis �
All closing costs, costs for a tiile policy and any other cost accrued or charged relating to the
closing of this transaction shall be paid by Purchaser.
9.
Termination
A. If Purchaser fails to satisfy the conditions necessary to exercise the Option and
exercise this Option Agreement within the time frame specified in this agreement,
then the Option and the rights contained in this Agreement shall automatically and
immediately teiminate without notice to Purchaser. Purchaser acknowledges and
agrees that Seller will execuie and record such documents as ii deems necessary to
demonstraie such tei7i�ination of this Agreement.
B. If Purch.aser fails to accept Seller's plat as required in Section 3(6), then the
Option and the rights col�tained in this Agreement sha11 automatically and
immediately tezminate. Purchaser acknowledges and agrees that Seller will record
such documents as it de�ins necessary to demonstrate such termination of this
Agreement_ �
OP'TION TO PURCHASE AND PURCHASE AGREEMENT
February 3, 2004
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C. In the event that a taking ox condemnation of the Leased Premises is sought by the
City of Fort Worth and/ox the Texas Deparfxnent of Transportation, in whole or in
part, this Option shall ilnm.ediately terminate and the option fee wi11 be refunded.
D. So long as Purchaser's Lease is not teriniliated under tlle provisions of the Lease,
Seller acknowledges that Purchaser's Iease shall continue in full farce and effect
for ihe term of the Lease, and that the terms and provision of this Option do not
modify, amend ox in any manner affect the Lease or terms thereof. Purchaser
acknowledges and agrees that in th.e event this Option terminates, Seller shall
have the right to sell the Property, subject to alI terms and provision of
Purchaser's Lease, in an.y manner allowed under law.
10.
Asszgnment of Option
A. Purchaser may assign the Opiion and its rights under this Option Agreement on
the condiiion that: ,
1. Assignee assusnes a11 of the Purchaser's obligations under this Agreement
in writing; .
2. The Assignmeni is in conjunction with an Assignm.ent of the Lease
Agreement covering the property; and
3. The Assignment of the Lease Agreement is in accordance with the
procedure and requirements provided in the Lease Agreement.
B. Any assigtmlent that does not satisfy all of the above conditions is null and void.
11.
Notiees
Unless otherwise provided herein, any notice, tender or delivery to be given hereunder by either
party to the other may be effected by personal delivery in wrzting or by certified ma.il, postage
prepaid, return receipt requested, and shall be deemed received as of actual receipt. Mailed
notices sha11 be addressed as set forCh. below, but each paxty may change his or her address by
written notice in accordance with this Paragraph:
OPTION TO PURCHASE �.ND PURCHASE AGREEMENT
Februazy 3, 2004
�a
1'age 8 of 26
to Sellers:
City of Fort Worth Real Properiy
927 Taylor
Fort Worth, Texas 76102
with a copy to:
City of Fort Worth
City Attorney's Office
1000 Throckmorton
Fort Worth, Texas 76102
to Purchasers:
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12.
Entire Agreement
Tlus Agreement contains the entire agreement between the parties. relating to the Option herein
granted and the sales agieement. Any oral representation or modification concerning this Option
and sales agreement shall be of no force and effect, excepting a subsequent m.odification in
writing, signed by the parties. This agreement is separate from and does not modify the lease
agreement.
13.
Binding Effect
This option granted herein shall bind and inure to fhe benefit of all the respective heirs, personal
representatives, successors, and assigns of the parties hereto.
14.
No Representations or Warranties
OPTION TO PURCHASE AND PURCHA.SE AGREEMENT
February 3, 2004
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NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTA.IN�D 1N THIS
AGREEMENT OR IN ANY EXFL[BIT ATTACHED HERETO, IT IS UNDERSTOOD
AND AGREE7� THAT THE PROPERTY IS BEING SOLD AND CONVEYED
HEREUNDER "AS IS" WITH ANY r�.ND ALL FAULTS A.ND LATENT AND PATENT
DEFECTS AND WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATION OR
WA�tRANTY BY SELLER EXCEPT AS EXPRESSLY SET FORTH HEREIN. SELLER
HAS NOT MADE AND DOES NOT IYIAKE AND HERESY SPECIFICALLY
DISCLAIMS (EXCEPT AS EXl'RESSLY SET FORTH HEREIN) ANY
REPRESENTATIONS OR W��RRANTIES OF ANY K1ND OR CHARACTER
WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO TI3E PROPERTY
(OT1gER THAN SELLER'S SPECIAL WA,RRANTY OF �TITLE CONTAINED IN THE
WARRANTY DEED TO BE DELIVERED A7C CLOSING), ITS CONDITION
(INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY
REGARDING QUALITY OF CONSTRUCTION, STATE OF REPAIR,
WORKIVIANSHIP, MERCHANTA.BILITY, SUITABILITY OR FITNESS FOR �.N-Y
PARTICULAR PURPOSE), ITS COMPLIANCE WITl3 ENVIl20N1V�NTAL LAWS OR
OTHER LAWS, AVAILABILITY OF ACCESS, INGRESS OR EGRESS, INCOME TO
BE DERIVED THERE FROM OR EXPENSES TO BE INCTJRRED WITH RESPECT
THERETO, THE OBLIGATIONS, RESPONSIBILITIES OR LIABILITIES OF THE
OWNER THEREOF, OR ANY OTHER MATTER OR THING RELATING TO OR
AFFECT7NG THE PROPERTY AND SELLER IIEREBY DISCLAIMS AND
RENOUNCES r-�NY OTHER REPRESENTATION OR WA.RRANTY. PURCHASER
ACI�OWLEDGES AN:D AGREES THAT PURCHASER IS ENTERING 1NT0 THIS
AGREEMENT WITHOUT RELYING (EXCEPT AS EXPRESSLY SET FORTH
HEREIN OR IN ANY EXIIIBIT ATTACHED HERETO) UPON ANY SUCH
REPRESENTATION, WAR.RANTY; STATEMENT OR OTHER ASSERTTON, ORAT,
OR WRITTEN, MADE BY SELLER OR ANY REPRESENTATIVE OF SELLER OR
ANY OTHER PER�ON ACTING OR PIJRPORTING TO ACT �+"OR OR ON BEL-�ALF
OF SELLER WITH RESPECT TO THE PROPERTY BUT RA.THER IS RELYING
UPON ITS O'WN EXAM][NATION AND INSPECTION OF THE PROPERTY.
PURCI3ASER HEREBY RELEASES AND FOREVER DISCHARGES SELLER FROM
ANY A.ND ALL LIABILITY TO PURCHASER FOR CLAIMS, LOSSES, DAMAGES,
COSTS, OR EXPENSES OF ANY KIND OR CII -A.ItACTER ARISING OUT bF OR
RESULTING FROM CONDITIONS EXISTING ON THE PROPERTY PRIOR TO
CLOSING. PURCHA.SER REPRESENTS THAT IT IS A KNOWLEDGEABLE
PURCHA.SER OF REAL ESTATE AND THAT IT� IS RELYING SOLELY ON ITS OWN F
EXPERTISE �.ND THAT OF ITS CONSULTANTS 1N PURCHASING TFIE
OPTION TO PURCHASE AND PURCH.A.SE AGREEMENT
February 3, 2004
Page 10 of 26
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PROPERTY. THE TERMS A.ND CONDITIONS OF THIS PARAGRAPH SI3AI,L
EXPRESSLY SURVIVE THE CLOSING, S�IALL NOT MERGE WITH THE
PROVISIONS OF ANY CLOSING DOCLIMENT AND SAALL BE INCORPORATED
INTO THE SPECIAL WA,RRANTY DEED TO BE DELIVERED BY SELLER AT
CLOSING. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT THE
PROVISIONS OF THIS PARAGRAPH WERE A MATERIAL FACTOR IN THE
DETERMINATION OF THE PURCHASE PRICE FOR THE PROPERTY.
15.
Paragraph Headings
The paragraph headings contained in this Agreement are for convenience only and shall in no
way enlarge or Iimit the scope or meaning of the various and several paragraphs hereof.
16.
Survival
The parties agree that the duties and obligation contained in Paragraph 6"Sewer Connection"
and Paragraph 14 "No Representations or Warranties" shall survive the Closing of this
Transaction.
17.
Daie of this Agreement
The phrase "Effective Date" used herein shall mean ihe last daie on which both Se11er and
Purchaser have executed this Agreement.
18.
Venue and Governing Law
Lf any action, whet}ier real or asserted, ai law or in equity, arises on the basis of a.ny provision of
this' Option on ihe 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 Option sha11 be construed in accordance with the laws of the State of Texas.
OPTION TO PURCHASE AND PURCI3ASE AGREEMENT
February 3, 2004 -
Page 11 of 26
19.
Gender and Number
Within this Agreement, words of any gender shall be held and construed to include any other
gender, and words in tha singular number shall be held and construed to include the pluxal and
tivords in the plural number shall be held and construed to include the singular, unless the context
otherwise requires.
20. .
S everability-T ermination
Upon a determination that any provision of this Agreement is unenforceable ar invalid or upon
any detel-�ni.nation that the application of any provision of thzs Agreement to any person or
circumstance is illegal or unenforceable, the Parties agree that this Agreement shall automatically _
terminate and neither party shall be liable to the other pariy for any claims or damages caused or
resulting from the termination, however Seller agrees to return the Option Fee paid by Purchaser
to Purchaser �pon terrni.nation under this section.
21.
Countez-parts
This Agreement may be executed in any number of counterparts with the same effect as if a11
parties hereto had signed the same document. All such counterparts shall.be construed together
and shall constitute one instru.zn.ent, but in making proof hereof it shall only be necessary to
produce one such counterpart.
22.
Force Majeure
Not withstanding any provision to the contxary above, should Purchaser be unable io
comply with any express or implied covenant of this Option, with any term or deadline to
perform, with any requiremeni to give a notzce or pay any amount of money due hereunder, after
an effort made in good faith by Purchaser, for any cause beyond the reasonable control of
Purchaser, the closing date shall be extended 180 days and Purchaser shall not be liable for
damages for such non compliance or non payment, except ihat in any instance the obligation to
pay rentals under the existing lease sha11 coniinue under the terms and conditions provided
OPTION TO PURCHASE AND PURC;HASE AGREEMENT
February 3, 2004
Page 12 of 26
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therein and �all obligations shall continue under said Iease as provided therein. IN NO EVENT
SHALL THE CLOSING DATE BE EXTENDED PAST 180 DAYS, EXCEPT WITH THE
APPROVAL, OF THE CITY COUNCIL.
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
SELLER:
CITY OF FORT WORTH
Assistant City Man ger ��r� Aa Otk
Date: ��; -=�� =c�� �si�nt �;ity h1a���e�
PURCHASER:
Printed Name �1�- L .�i11� �
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Date: �: �� � �,y �,,.
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Printed Name �' Yl � i'� - 19 �'.�L
1 oJ� (t/}�/h�./n - IYJ�
Date: p t
OPTION TO PURCHASE A.ND PURCHASE AGREEMENT
February 3, 2004
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APPROVED AS TO FORM:
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Assistan�t�City Attorney
ATTEST:
City Secretary ,
STATE OF TEXA.S
COLTNTY OF TARR_ANT
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ACKIVOWLEDGIVIENT
On this <'�-����day of �) �����.( � ,�G'�' � ,�6*� the before undersigned, a
Notary Public, duly cornmissioned, qualified and acting within and for the said County and State,
appeared in person the within named /� ��.��r ,4 .��% % to me personally
known, who stated that he was an Assistant City Manager for the City of Fort Worth, Texas, and
was duly authorized in his respective capacity to execute the faregoing instrument and
acicnowledged that he had so signed, executed and delivered said instrumerit for the
consideration, uses and purposes therein mentioned and set forth.
IN TESTIMONY WIIEREOF, I have hereunto set my hand and official seal this %=� �� �r
day of _ ����G�l '���'� ,��0{{�
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Printed Name of Notary: .-_ -. .
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OPTION TO PURCAASE A1�1D PURCHA.SE AGREEMENT Pagg�i4 0�=�� ��p�
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February 3, 2004 t 1� ��:� �'•. `�'v. ���
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,.. __ � .,�:- �- _.._ _ -- `- -- � -_ ��';�^� < _._ C;;
State of California
� � ss.
County of ; ���C./�
On (�� r�''� �� before me, ��i r�17 � ��/ l/� a�� ,
Date / �'' A Name and Ttle of Ofiicer (e.g„ "Jane Doe No[ary Public")
personally appeared l'����//� ��'��'��1�� '— �'! �'2 � � ,
Name(s) of Signer(s) (
KAREN M. WILLIAMS
Commiulon � )472562
� -� Notary Publk - Califania �
eutie cou�ry
MyComm. Expires Feb24. 2
❑ personally known to me
[� proved to me on the basis of satisfactory
evidence
to be the person(�j whose name(� is/�
subscribed to the within instrument and
acknowledged to me that #ae/she/tL�r executed
the same in t�is/her/tk�r authorized
capacity(�, and that by 7si�/her/tta�ir
signature("s� on the instrument the person('s�, or
the entity upon behalf of which the person(�
acted, executed the instrument.
WITNESS y hand and official seal.
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� Signature of Notary Pubtic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: _
Document Date: �'r �
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ Gen
❑ Attorney-in-Fact �
❑ Trustee �
❑ Guardian{pw�onservator
❑ Othe�Y'"3
gner Is Representing:
OO 1999 National Notary Association • 9350 De Solo Ave., P.O. Boz 2402 • Chatsworlh, CA 91313-2402 •�wnv.na�ionalnotary.org
Number of Pages: _
r
RIGHTTHUMBPRINT
OF SIGNER
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Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
, �_ ss.
County of �T � i%�' f' � -'�'�
On _'�=��,% �1��J�%,f , before me„'�'�t"%�_�,-= �C'. i'�iG'� Y�itt� ,�!�:i;�;f",{';,� ,
Date � Name and Tlle of Officer (e.g., "Jane Doe, IVotary Public")
personally appeared .I% � '= �--- y�` -"" �`` ; ,
Name(s) oF Signer(s)
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.s�.� GAYLEA. MARCI�II<r
� ��rt� t, ` Commission # 1306423 ii
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Place Notary Seal Above
❑ personally known to me
Q- proved to me on the basis of satisfactory
evidence
to be the person(.s� whose name(s`� �are
subscribed to the within instrument and
acknowledged to me thaY,�iP`she/they executed
the same in h s/her/their authorized
capacity(��; and that by hi's her/their
signature(s�" on the instrument the person(�), or
the entity upon behalf of which the persor��}
acted, executed the instrument.
WITNESS my hand and official seal.
'` %�' ,' '`%'�'�-'i' r-
Signature of Notary Public ' �
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title orType of Document: ';'f'i�d•� ;'`c� d�°C,`/_ i.,�_,�� �-�- c-r_ /`'�_z'�`;'�'_" ,��"%�5��
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Document Date: /t��� /�� = Number of Pages: ��
Signer(s) Other Than Named Above: �`��� '�' ��
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — TiEl�js�:
❑ Partner — ❑ Limited ❑ Gener`�.
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
OO 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatse�orth, CA 91313-2402 •�wnv.nationalnotary.org Prod. No. 5907 Reorder. Call TolbFree 1-800-876-6827
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STATE OF TEXAS
COUNTY OF TAKRANT
�
�
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared , known to me to be the persons
whose names are subscribed to the foregoing instrument, and acknowledged to me that they
executed the same for the purposes and consideration therein eYpressed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this
. 2004.
Notarp Public, State of Texas
ACKNOtiVLEDGMENT
STATE OF �'��c��c CALIFOI�VIA
COUNTY OF���� � BUTTE
day of
BEFORE ME, the undersigned authority, a otary Public in and for the State of Texas,
on this day personally appeared �� , known to me to be the persons
whose names are subscri.bed to the for oing instrument, and acknowledged to me that they
executed the same for the purposes consideration therein expressed.
IN TESTIMONY WI�E/ l�F, I have hereunto set my hand and official seal this day of
� . 2004.
�, - �
1��, :,�.�� �--� �L�� �� �(� Gi-� �c;uCi�� .
Notary Public, State of �c�� Ca1if ornia
OPTION TO PURCHASE AND PURCHASE AGREEMENT
February 3, 2004
Page 15 of 26
- EXHIBIT "A"
THE OPTION TO PUR.CHASE AND PURCHASE AGREEMENT
Property Description
The Czty wilZ attach a copy of the mo,st �ecent plat o� �eplat that has
been fzled by the City sznce 1990 in the Ta��ant County Cou�thouse.
�f the p�ope�ty has not been platted since 1990, the desc�iption zcsed in
the cu��ent lease wzll be used with the additional following language.
",Selle� intends to plat the P,�opeYty befo�e sale. If, at. the tzme of
platting the�e is a st�uciuye o� any poytzon of a st�^uctuYe that is located
on an adjoz.nzng leaseholdeY's pYopeYty, the P.�ope,�ty's bounda�y will
be alteYed as to allow the adjoining leaseholde� to mazntazn owne�ship
of the st�uc�u�e. "St�uctu�e" is defzned as a habitable styuctuYe,
sepa�ate oy affixed ga�age oY ca�poYt, o� in ground swimming pool. In
additzo,n, Czty may Yetain Zand fo� actual or planed publzc �ight-of-
ways o� foy e�neygency ingYess o� eg�ess easeme,nts
Pacf chaseY he�eby Waives, Reteases and Holds HaYmless the Czty of
Fo�t T�Tloyth, its offzceYs, employees and appointees f�om any claims,
suzts oY damages �esultzng fYom the change of the P�opeyty's
.�ounda�y. Puychase� he�eby agYees to coope�ate with the ,S`elle� when
the SelleY is platting the Pyope�ty and undeYstands and ag�ees that
Selle� will make the fznal deczsion ,�egaYdzng the PYopeyty's Bounda�y
a.nd ag�ees that it will not fzle suit oY make any claims �ega�ding the
changes to the P�opeYty's Bounda�y.
OPTION TO PURCHA.SE AND PURCIiASE AGREEMENT
February 3, 2004
Page 16 of 26
7 T .
���/���� 1 i
OPTION TO PURCHASE AND PURCAASE AGREEMENT
February 3, 2004
J T .
Page 1 o��l6J,� . . '�;=1 � ,�
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EXH�IT "B"
TO OPTION TO PURCH.A.SE AND PURCHASE AGREEMENT
Year
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
20I0
2011
2012
Annual VaIuation Increase
Above
S/S.F.
$0.65
$0.66
$0.68
$0.69
$0.70
$0.72
$0.73
$0.75
$0.76
$0.78
$0.79
$0.81
$0.82
OPTION TO PURCHASE A1VD PURCHASE AGREEMENT
February 3, 2004
Below
S/S.F.
$0.35
$0.36
$0.36
$0.37
$0.38
$0.39
$0.39
$0.40
$0.41
$0.42
$0.43
$0.44
$0.44
Page 18 of 26
EXHIBIT "C"
TO OPTION TO PURCHASE AND PURCHA.SE AGREEMENT
STATE OF TEXAS
COUNTY OF TARRANT
Date:
Grantor:
Grantor's Mailing Address
Grantee:
Grantee's Mailing Address
Special Warranty Deed Form
EYAMPLE OF
SPECIAL WARRANTY DEED
�
� Know All Persons by These Presents:
�
CITY OF FORT WORTH
1000 Throckmorton Street �
Fort Worth, Tarrant County, Texas 76102
Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable
consideration.
Property:
; � �:
Reservation from and EYceptions to Conveyance and Warrantv:
An avigation easement is reserved on behalf of the pubIic for free and unobstructed
passage of aircraft over the subject property in the navigable airspace above the minimum
aItitudes of flight prescribed by federal regulations, iucluding airspace needed to ensure
safety in the takeoff and Ianding of aircraft. Grantee hereby reIeases the Grantor, its
of�cers, agents aud employees from any and all claims and liability resulting from the
noise, vibration, fumes, dust fuel, electromagnetic interference and lubricant particles and
all other effects, whether such claims are for injury or death to person or persous or
damages to or taking of property, arising out of or in connection with the use of this
easement, when such use is in compliance with the regulations and guidelines of the Federal
OPTION TO PURCHASE AND PURCHASE AGREEMENT
February 3, 2004
Page 19 of 26
. . � " 5..�,. ���
Aviation Administration, successor agency, or other governmental authority with
jurisdiction over the matier. �
For Grantor and Grantor's, successors and assigns forever, a reservation of a11 oil, gas, and other
minerals in and under and that may be produced from the Properiy. If the mineral estate is
subject to existing produciion or an existing lease, this reservation includes the production, the
lease, and all benefits from ii.
Grantor and Grantor's snccessor or assigns sha11 have any right to enter the Properiy in
accordance with adopted City Ordinances governing gas and oil exploration and development.
This conveyance is further subj ect to all restrictions, reservations, easements, prescriptions, right
of way, maintenance or similar charges and any liens securing the payment thereof, declarations,
covenants and conditions of record, if any, only to the extent they are presently in effect.
Gxaniee acknowledges that Grantor has not made and does not make any representations as to the
physical condition, or any other matter affecting or related to the property (other than warranties
of title as provided and Iimited herein). Grantee expressly agrees ihat, to the maximum extent
permitted by Iaw, the property is conveyed "AS IS" and "WITH ALL FAULTS", and Grantor
expressly disclaims, and Grantee acknowledges and accepts that Grantor has disclaimed, any and
all represeniations, warranties or guaranties, of any kind, oral or written, express or implied
(except as io title as hereafter provided and limited) concerning the property including without
limitation the value, condition, merchantability, habitability, marlcetability, profiiability,
suitability or fitness for a particular use or purpose, of the property.
Grantor expressly reserves out of the property conveyed in this i�strument a perpetual flowage
easement including the right to inundate, flood and overflow all of the property as shown on the
recorded plat. Grantor shall not be liable for any damages resulting from the reasonable use of
this easement. Further, Grantee shall not construct any struct�ures andlor improvements beyond
the established lake front propez-ty line, unless specifically permitted in the following paragraph.
Any and a11 such permitted structures andlor improvements which e�end into the flowage
easement sha11 be constructed at a mi.niinum finished floor elevatzon level of six hundred and one
(601) feet:
There is expressly granied unto Grantee an easement without warranty expressed or implied over
ihe Iands of the Grantor and the waters of Lake Worth, as they may be locateci from time to tiine,
for water recreational purposes, for the puzpose of ingress and egress to and from Lalce Worth,
and for the consnuction, maintenance and use of piers, docks and boat houses including the
storage of boats, on the following described water and lands:
OPTION TO PURCHASE AND PURCHASE AGREEMENT
February 3, 2004 .
Page 20 of 26
A) the Iands enclosed on one side by ihe lakefront property Iine of Grantee, on a second side
by the waters of Lake Worth, and on a third and fourth side by two lines, each beginning
at opposiie ends of Grantee's lakefront property line, and each being a projection. of the
side Iot lines of each lot as shown on ihe Plat. (Hereinafter referred to as the "Access
Easement".) (See Typical Water Use and Access Easement Exhibit A, attached hereto.);
B) the waters of Lake Worth, except that such use shall be nonexclusive except for such
piers and docics consiructed thereon;
C) the Iand lying under the watexs of Lake Worth that are adjacent to the access easement,
lying between two lines, each beginning at opposite ends of Grantee's lakefront property
line, and each being a projection of the side lot lines of each lot as shown on the Plat.
(See Typical Water Use and Access Easement E�ibit A, attached hereto.);
D) All improvements, piers or structures on each easement must abut the lakefront property
line of the property conveyed herein and cannot extend into the waters of Lake Worth for
such distance as to deny access to said �vaters by adjoining land owners. Such
improvements, piers or structures may extend to a point 100 feet from the lakefront
property line into the waters of La1ce Worth regardless of the depth of the water at the
point, or to the point at which the elevation of the land lying under Lalce Worth is not
greater than 584 feet above mean sea level, but in no instance to extend further than 150
feet from the lakefront property line into the waters of Lake Worth. No construction
beyond the above mentioned limits shall be considered without the prior written appxoval
from the Directar of Engineering for the City of Fort Worth. Variance shall be considered
on a case by case basis. A Typical Water Use and Access Easement drawing is attached
a.nd incorparated to this Special Warranty Deed as Exhibit"A";
It is specifically understood that Grantor shall retain any and all interests in the above described
water and lands subject to such water use and access easement, and does not intend to convey
any of these interests to Grantee unless specifically granted hereto.
Operation, Maintenance and Ab.andonment of Sanitary Sewer / Septic Systems
Grantee shall be responsible for operating and maintaining individual septic systems, se�ver lines
and laterals on the property conveyed from the point of the City of Fort Worth sewer connection.
Grantee shall connect to public sewer service when ava.ilable and Grantee shall be responsible for
all applicable connection fees. Further, Grantee shall be responsible for ihe proper abandonment .
of the septic system, se-wer lines and laterals. The cost of such abandonment shall be the sole
responsibility of Grantee. Grantee agrees to allow the Grantor access to the lot at reasonable
times for the purpose of inspecting the operation of the septic system to verify compliance with
applicable federal and state laws and statutes as we11 as the charter and ordinances of the City of
Forf Worth.
OPTION TO PURCHASE A.ND PURCHASE AGREEMENT
February 3, 2004
„�
Page 21 f26� �.- �; :� i. ��.�> `�i �;�i
> 1� �' ;�5,.`;}.� ���';+l:.�s'
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... . _ _ - , .,. --�
Grantee shall, at Grantee's expense, connect the water and sewer Iines of tlie pxoperiy to the water
and sewer systems to be installed by Grantor to serve the property, when such water and sewer
system is available for connection, including but not limited to paying tap fees and impact fees as
required by City Ordinances.
This conveyance is expressly made and accepted subject to a11 easements, restrictions, and other
instrumenis properly of record. '
Nothing in this conveyance shall be consfized as a waiver of the powers of Grantor to enact
ordinances as a municipal corporation or as any reservation of the power in Grantar to vary the
estates in land conveyed or reserved herein.
Grantor, for the consideration and subject to the reservatzons from and exceptions to conveyance
and warranty, grants, sells and conveys to Grantee the properiy, together with all and singular the
rights and appurtenances thexeto in any wise belonging, to have and hold it to Grantee, Grantee's
heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and
Crrantor's heirs, executors, aclministrators, and successors to warrant and forever defend all and
singular the property to Grantee and Graniee's heirs, executors, adini.liisirators, successors and
assigns against every person whomsoever Iawfully claiming or to claim the same or any part
thereof, except as to the reservations from and exceptions to conveyance and warranty, by,
through and under it, but not otherwise.
When the coniext requires, singular nouns and pronouns include the plural.
IN WI'I'NESS WIIEREOF, Grantors have caused this instrument to be executed on this the
day of , 20
APPROVED AS TO FORM
AND LEGALITY:
Assistant City Attorney
CITY OF FORT WORTH
Assistant City Manager
C�f7e��M11�1�!
OPTION TO PURCHASE AND PURCHASE AGREEMENT Page 22 of 26
February3, 2004
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THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigyred autho�ity, on this day per�sonalZy appeared Marc A. Ott,
known to me to be the person and o�cer whose name is subscribed to the fa�egoing instr�ument,
and acknowledged to me that he executed the s�zme as the act and deed of the City of Fort TYorth,
a municipaZ co�po�•ation of Tarrant County, Texas, for the purposes and conszderation therein
expressed.
GNEN UNDER MY IIAND AND SEAL OF OFFICE, this day of
, 2003
THE STATE OF TEXAS §
COUNTY OF T�,RRANT §.
This instruxnent was acknowledged before me on by
GNEN IJNDER MY I-3AND AND SEAL OF OFFICE, this day of
, 2003
OPTION TO PURCHASE A.ND PURCHASE AGREENIENT Page 23 of 26
February 3, 2004
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This insirulnent was acknowledged before me on by _
GIVEN LTNDER MY HAND AND SEAL OF OFFICE, ihis
, 2003
� Exhibii "A" to the Special Warranty Deec1
a
Typica( "lNater Use
and
Access Easement
�--
_f .
_----
�-- .
. . _---
Any structure I Waters
in this area °f '
may not deny Lake Worth
Use( access Eo adjoining I
I Eosemerit fondowners
Pubiic Right—of—Way
Refer to. Paragraph_ 'D' on Page 2
day of
of 26
E�ibit "D"
Option to Purchase and Purchase Agreement
Typical Sewer Installation and Responsibility Separation
LS,LUU3
Type 1 Typical Installation
Gravity Plumbing to Gravity Main
Existing :
; Plum6ing ;
�a � : :
Existing Septic
/ � = Tankto be
,'r�-_-� � jF]1,4�';,i ��� abandoned by
� "i= � �,f ;.� Cusiomer
• ��
� ':�
- .: ! :nr.--�ti-�e�- ::
.. - �^.�,�_....h— _: �'"''
...................................
� City Right of Way- '
Property Line
End crf-CityYl/orlc :; i � '�� �
i
i
i
i
i
= i .
: °�'`� i
'
i
i
� i � New Plumbing installed
By Customer
OPTION TO PURCI�SE � PURCFIASE AGREEMENT
February 3, 2004
F � .� s�' .'...-i.:: .. ' - " _
P g��3 � �. � ,:,�:i�.!, �
of 2 b �
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Type 2 Typical Installation
.................................... Pump to Gravity Main
� Cify Rigfit of Way- : ' ...............
' Property Line ' Electrical Connection : sfing
Exi �
�•• ....................... ......i by Customer i„ Plumbin9.. �
Exisiing Septic
� r � ��;� `•; 1 � � �;� Tank to be
� ;� � F�'� ' ��1 � �:�j[1,1�{ �j���� abandoned by
x� � .� ! � �,���`7:��aex�a���t Cusiomer
-�_ �
3 ,�§�� =��� °� �:._ 1
� � , ► _""`;,, ,,,
��> � •
k��- ����i � Wiring -�.�.
W from / � -
z,#,� � �j � Control � �
� � � �� _ � Panel to �
�,g�� �� ' Pum —
�a� � �� �_= 1 / New Plumbing Instalied
"' `=������ , Service Force Main / by Cu'stomer
� ��c�a�� � by Customer /
� �> � ..,� �
,���-�- . 1 '�
� ._ — — — — — — — — — — — '
� � ,��? �'
� '�-<� �E 1 u�. �''
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� ��C�y Sa e -� � � �
��`�rauity Matn� `�Ert�of ���y�WbCic = New Pump
� � �� ��� ' by Cusfomer
Type 3 Typical Installation
Grinder Pump to Force Main
: .....................
Customer Provided Existing ;
Electrical Connection i Plumbing ;
Existing Septic
r � ;, : '
Tankfo be
��� ��']�,��,+,&� ;� � abandoned by
�,� �? �� ,fa���,.,��� Customer
;
� �. _ � �����:��:v�n�L��
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ot��s�,.� � � `
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� �U� / New Plumbing Installed
� � � Q ��� l By Customer
, .,
� �'� �
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.,
s ,� .��ain� u ,�� . / �.,,.
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; ..._ .........................
City Right of E
� Wav-Prooertv �
OPTION TO PURCHASE AND PURCHASE AGREEMENT
February 3, 2004
Page 26 of 26
City of Fort Worth, Texas
�i�Ayar And Cauncyl Cammun�cAt�an
DATE REFERENCE NUMBER LOG NAME PAGE
2/19/02 L-13249 300PTION 1 of 2
SUBJECT APPROVAL OF OPTION TO PURCHASE AND PURCHASE AGREEMENT CONTRACT
TO FACILITATE THE DIRECT SALE OF LAKE WORTH LEASE PROPERTY
RECOMMENDATION:
It is recommended that the
and Purchase Agreement
Exhibit "A" to facilitate the
and Exhibit "A")
DISCUSSION:
City Council authorize the City Manager to approve the Option to Purchase
contract, with the Lessees of the Lake Worth lease properties listed on
direct sale of eligible Lake Wo►th lease properties. (See attached contract
On July 15, 2001, House Bill No. 1490 was signed into law and went into effect. This amendment to
the Texas Local Government Code, Section 272.001(h), allows a municipality having a population of
575,000 or less and owning land within 5,000 feet of the shoreline of a lake, without notice or the
solicitation of bids, to sell the land to the persons leasing the land for the fair market value of the land.
In December 2001, City staff prepared an Informal Report to the City Council (Informal Report No. 8376
attached as Exhibit "B") which provided an update on the status of the sale of lease lots, and also
recommended a four-year Lease Lot Sales Plan and a Water/Sewer Infrastructure Improvement Plan
around Lake Worth. This sales plan includes 268 residential properties with an estimated market value
of $4.7 million.
In order to facilitate the direct sale of the residential Lake Worth lease properties, it is recommended
that a sales option contract be executed with the Lessees for the properties eligible for sale. The sales
option will allow the existing lessees to purchase their leased properties at today's fair market value
adjusted annually upward by 2% per year until sold by the City in accordance with the recommended
timeline outlined in Informal Report No. 8376.
The properties eligible for this contract are listed on the attached Exhibit "A". The option fee provided in
the contract is $500.
Due to the proximity of the Joint Reserve Base/Naval Air Station, an avigation easement will be
reserved on behalf of the public and incorporated into the Special Warranty Deed used to convey these
properties.
Proceeds from the sale _of these City-owned Lake Worth lease prope►ties will be deposited in a Lake
Worth Infrastructure Fund Account in accordance with M&C G-12916 dated May 16, 2000. The
proceeds are escrowed and designated for water and wastewater improvements within the area of the
City of Fort Worth surrounding and adjoining Lake Worth.
C'ity of Fo�t Wo�th, �'exa,�
�i✓�Ayor And Caunc�l Cammun�cAt�an