HomeMy WebLinkAboutContract 51494CITY SECRETARY
CONTRACT NO, L�
CONTRACT OF SALE AND PURCHASE
THIS CONTRACT OF SALE AND PURCHASE ("Contract") is made and entered into by and
between the CITY OF FORT WORTH, TEXAS, a home rule Municipal Corporation of the State of
Texas, acting by and through its duly authorized City Manager or Assistant City Manager ("Purchaser")
and 14.887 McCart and Risinger, L.P. ("Seller"), as of the date on which this Contract is executed by the
last to sign of Seller and Purchaser ("Effective Date").
AGREEMENT
In consideration of the mutual covenants in this Contract, Seller and Purchaser agree as follows:
Section 1. Sale and Purchase.
(a) Seller agrees to sell and convey to Purchaser and Purchaser agrees to purchase and accept
from Seller, on and subject to the terms and conditions set forth in this Contract approximately 15.341
acres of land situated in J.H. Duncan Survey, Abstract No. 398 and J.W. Haynes Survey, Texas
General Land Office Abstract No. 780. Tarrant County Abstract No. 781, also known as 8800
McCart Avenue, and being the same tract of land as conveyed via Warranty Deed dated January 11,
2006, as recorded in Instrument No. D216006215, of the Deed Records of Tarrant County, Texas, for a
total acreage of 15.341 acres (the "Land"), together with (i) all buildings, fixtures, structures and
improvements thereon; (ii) any strips or gores between the Land and all abutting properties; (iii) all roads,
alleys, rights-of-way, easements, streets and ways adjacent to or serving the Land and rights of ingress
and egress thereto, whether surface, subsurface or otherwise; (iv) any land lying in the bed of any street,
road or access way, opened or proposed, in front of, at a side of or adjoining the Land, to the centerline of
such street, road or access way; (v) all of Seller's rights, titles and interest, if any, in and to all water rights
or any kind or character pertaining to the Land; and (vi) all licenses, interests, and rights appurtenant to
the Land. The Land and Items (i) -(vi) are collectively referred to as the "Property".
(b) Seller shall convey the Property to Purchaser free and clear of all liens, claims,
easements, rights-of-way, reservations, restrictions, encroachments, tenancies, and any other
encumbrances (collectively, the "Encumbrances") except the Encumbrances appearing in the Title
Commitment and the Survey (hereinafter defined) that are not cured and that are subsequently waived
pursuant to Section 3 ("Permitted Encumbrances").
(c) Notwithstanding anything to the contrary, Seller hereby retains and reserves from this
conveyance (and the Property does not include) for itself, and its successors and assigns, any and all
interest in any and all oil, gas and other minerals in, on, or under the Land; provided, however, Seller
hereby waives and relinquishes access to any use of the surface of the Property.
Section 2. Independent Contract Consideration and Purchase Price.
(a) Contemporaneously with the execution of this Contract, Purchaser delivers to Seller a
check in the amount of $50.00 ("Independent Contract Consideration") as independent consideration
for Seller's execution, delivery and performance of this Contract. This Independent Contract
Consideration is in addition to and independent of any other consideration or payment provided for in this
Contract, is non-refundable, and shall be retained by Seller notwithstanding any other ovision of this
Contract; however, upon Closing (as hereinafter defined), the Independent Contact Consideration shal
be applied as a credit toward the Purchase Price (as hereinafter defined). OFF°CORD
O-�, CITY SECRETARY
sFc9 9 FT. WO T , TX
(b) The purchase price ("Purchase Price") for the Property, payable by Purchaser to Seller at
Closing (as hereinafter defined), is TWO MILLION TWO HUNDRED FIFTY FIVE and 00/100
DOLLARS ($2,000,255.00).
Section 3. Title Commitment and Survev.
(a) Within 15 business days after the Effective Date, Purchaser shall obtain at Purchaser's
sole cost and expense, a Commitment for Title Insurance ("Title Commitment") from Lawyers Title,
1400 W Abram Street. Arlington, Texas 76013, Telephone: 817-461-4494, Attention: Martha
Cunningham (the "Title Company"). The Title Commitment shall be effective as of a date which is on
or after the Effective Date, showing Seller as the record title owner of the Land, and shall show all
Encumbrances and other matters, if any, relating to the Property. The Title Company shall also deliver
contemporaneously with the Title Commitment legible copies of all documents referred to in the Title
Commitment, including but not limited to, plats, reservations, restrictions, and easements.
(b) Purchaser may obtain a survey of the Property ("Survey") at Purchaser's sole cost and
expense. The Survey shall consist of a plat and field notes describing the Property, prepared pursuant to a
current on -the -ground staked survey performed by a registered public surveyor or engineer satisfactory to
Purchaser and Title Company. The Survey shall (i) be certified to Purchaser, its successors and assigns,
and Title Company, (ii) reflect the actual dimensions of and the total number of square feet within the
Property net of any portion thereof lying within a publicly dedicated roadway or a utility easement, (iii)
identify any rights-of-way, easements, or other Encumbrances by reference to applicable recording data,
and (iv) include the Surveyor's registered number and seal and the date of the Survey. The description of
the Property prepared as a part of the Survey will be used in all of the documents set forth in this Contract
that require a legal description of the Property.
(c) Purchaser shall have a period of time ("Title Review Period") commencing on the
Effective Date and ending 15 business days after the Effective Date in which to notify Seller in writing of
any objections ("Objections") Purchaser has to any matters shown on the Title Commitment or the
Survey.
(d) Seller shall have the option, but not the obligation, to remedy or remove all Objections
(or agree irrevocably in writing to remedy or remove all such Objections at or prior to Closing) during the
period of time (the "Cure Period") ending on the tenth business day after Seller's receipt of Purchaser's
notice of such Objections. Except to the extent that Seller cures, or agrees in writing to cure, such
Objections during the Cure Period, Seller shall be deemed to have elected not to cure such matters. If
Seller is, or is deemed to be, unable or unwilling to remedy or cause the removal of any Objections (or
agree irrevocably to do so at or prior to Closing) within the Cure Period, then either (i) this Agreement
may be terminated in its entirety by Purchaser by giving Seller written notice to such effect during the
period of time (the "Termination Period") ending on the fifth business day following the end of the Cure
Period, and the parties shall be released of further obligations under this Agreement; or (ii) any such
Objections may be waived by or on behalf of Purchaser, with Purchaser to be deemed to have waived
such Objections if notice of termination is not given within the Termination Period. Any title
encumbrances or exceptions which are set forth in the Title Commitment or the Survey and to which
Purchaser does not object within Title Review Period (or which are thereafter waived or deemed to be
waived by Purchaser) shall be deemed to be permitted exceptions (the "Permitted Exceptions") to the
status of Seller's title to the Property.
(d) Any other provision herein to the contrary notwithstanding, (i) all exceptions disclosed in
the Title Commitment (or any subsequent commitment) which arise on or after the Effective Date of this
Agreement and are not attributable to actions by Purchaser and (ii) all Objections that Seller agrees in
writing to cure at or prior to Closing (collectively, the "Mandatory Cure Items") shall be satisfied, cured
or removed by Seller, at Seller's sole cost and expense, at or prior to Closing.
Section 4. Due Diligence Documents. Within 5 business days after the Effective Date, Seller
shall deliver to Purchaser for Purchaser's review (i) any and all tests, , studies and investigations relating
to the Property, including, without limitation, any soil tests, engineering reports or studies, and any Phase
I or other environmental audits, reports or studies of the Property; (ii) any and all information regarding
condemnation notice(s), proceedings and awards affecting the Property; (iii) any existing survey(s) of the
Property; and (iv) all proposed or existing private covenants, conditions and restrictions, of which the
Property will be a part and any other private agreements affecting the use or development of the Property.
Section 5. Tests. Purchaser, at Purchaser's sole cost and risk, shall have the right to go on
to the Property, including the Improvements, to make inspections, surveys, test borings, soil analysis, and
other tests, studies and surveys, including without limitation, environmental and engineering tests,
borings, analysis, and studies ("Tests"). Any Tests shall be conducted at Purchaser's sole expense. At
the conclusion of the Tests, the Property will be restored by Purchaser, at Purchaser's sole expense, to at
least a similar condition as before the Tests were conducted. In the event this transaction does not close
for any reason whatsoever, the Purchaser shall release to Seller any and all independent studies or results
of Tests obtained during the Option Period (as defined below).
Section 6. Option Period.
(a) Notwithstanding anything to the contrary contained in this Contract, until 60 days after
the Effective Date ("Option Period"), the following is a condition precedent to Purchaser's obligations
under this Contract:
Purchaser being satisfied in Purchaser's sole and absolute discretion that the Property is
suitable for Purchaser's intended uses, including, without limitation, Purchaser being
satisfied with the results of the Tests (defined in Section 5 above).
(b) If Purchaser is not satisfied in Purchaser's sole and absolute discretion as to the condition
precedent described in Section 6(a) above, Purchaser may give written notice thereof to Seller on or
before the end of the Option Period, whereupon this Contract shall terminate. Upon such termination, the
Contract will terminate, and neither party shall have any further rights or obligations under this Contract.
(c) The provisions of this Section 6 control all other provisions of this Contract.
(d) The parties agree that the Option Period will not be extended upon expiration without a
written amendment signed by both parties.
Section 7. Closing Deadline. The closing ("Closing") of the sale of the Property by Seller to
Purchaser shall occur through the office of the Title Company on or before 30 days after the expiration of
the Option Period.
Section 8. Closing.
(a) At the Closing, all of the following shall occur, all of which are deemed concurrent
conditions:
(1) Seller shall deliver or cause to be delivered to Purchaser the following:
S PEcd Aa—
(i) A C1 Warranty Deed ("Deed"), fully executed and acknowledged
e by Seller, conveying to Purchaser good and indefeasible fee simple title
1J to the Property subject only to the Permitted Encumbrances, but
containing a reservation of the mineral rights, with the precise form of
the Deed to be determined pursuant to Section 10 below;
(ii) A Non -Foreign Person Affidavit, in form and substance reasonably
satisfactory to Purchaser, fully executed and acknowledged by Seller,
confirming that Seller is not a foreign person or entity within the
meaning of Section 1445 of the Internal Revenue Code of 1986, as
amended;
(iii) Evidence of authority to consummate the sale of the Property as is
contemplated in this Agreement or as Purchaser may reasonably request;
and
(iv) Any other instrument or document necessary for Title Company to issue
the Owner Policy in accordance with Section 8(a)(3) below.
(2) Purchaser, at Purchaser's sole cost and expense, shall deliver or cause to be
delivered to Seller through the Title Company federally wired funds or a certified or
cashier's check or such other means of funding acceptable to Seller, in an amount equal to
the Purchase Price, adjusted for closing costs and prorations.
(3) Title Company shall issue to Purchaser, at Purchaser's sole cost and expense, an
Owner Policy of Title Insurance ("Owner Policy") issued by Title Company in the
amount of the Purchase Price insuring that, after the completion of the Closing, Purchaser
is the owner of indefeasible fee simple title to the Property, subject only to the Permitted
Encumbrances, and the standard printed exceptions included in a Texas Standard Form
Owner Policy of Title Insurance; provided, however, the printed form survey exception
shall be limited to "shortages in area," the printed form exception for restrictive
covenants shall be deleted except for those restrictive covenants that are Permitted
Encumbrances, there shall be no exception for rights of parties in possession, and the
standard exception for taxes shall read: "Standby Fees and Taxes for the year of Closing
and subsequent years, and subsequent assessments for prior years due to change in land
usage or ownership";
(4) Seller and Purchaser shall each pay their respective attorneys' fees.
(5) Purchaser shall pay all recording fees and any other closing costs as set forth by
the Title Company.
(b) Purchaser will qualify for exemption from ad valorem taxation for the Property, and no
ad valorem taxation shall accrue after the date of Closing. Therefore, any ad valorem taxes assessed
against the property for the current year shall be for the period of time the Property was owned by Seller,
and based on estimates of the amount of taxes that will be due and payable on the Property during the
current year, Purchaser shall pay for any taxes and assessments applicable to the Property up to and
including the date of Closing. As soon as the amount of taxes and assessments on the Property for the
current year is known, Seller shall pay any additional amount of taxes to be paid for any taxes and
assessments applicable to the Property up to and including the date of Closing. The provisions of this
Section 8(b) survive the Closing.
(c) Upon completion of the Closing, Seller shall deliver possession of the Property to
Purchaser, free and clear of all tenancies of every kind except those disclosed in the Permitted
Encumbrances.
Section 9. Seller's Representations. Seller hereby represents and warrants to Purchaser, as of the
Effective Date and as of the Closing Date, except as otherwise disclosed in written notice from Seller to
Purchaser at or prior to Closing, that:
C
(a) Seller's Authority. This Contract has been duly authorized by requisite action and is
enforceable against Seller in accordance with its terms; neither the execution and
delivery of this Agreement nor the consummation of the sale provided for herein will
constitute a violation or breach by Seller of any provision of any agreement or other
instrument to which Seller is a party or two which Seller may be subject although not a
party, or will result in or constitute a violation or breach of any judgment, order, writ,
junction or decree issued against or binding upon Seller or the Property;
(b) No Pending Proceedings. There is no action, suit, proceeding or claim affecting the
Property or any portion thereof, or affecting Seller and relating to the ownership,
operation, use or occupancy of the Property, pending or being prosecuted in any court or
by or before any federal, state, county or municipal department, commission, board,
bureau o agency or other governmental entity and no such action, suit, proceeding or
claim is threatened or asserted;
(c) Seller is Not a Foreign Person. Seller is not a foreign person or entity as defined in
Section 1445 of the Internal Revenue Code of 1986, as amended, and Purchaser is not
obligated to withhold any portion of the Sales Price for the benefit of the Internal
Revenue Service;
(d) No Insolvency Proceedings. No attachment, execution, assignment for the benefit of
creditors, receivership, conservatorship or voluntary or involuntary proceedings in
bankruptcy or pursuant to any other debtor relief laws is contemplated or has been filed
by or against Seller or the Property, nor is any such action pending by or against Seller
or the Property;
(e) Contract Obligations. Except as otherwise disclosed in the Title Commitment, no
lease, contract or agreement exists relating to the Property or any portion thereof which
is not terminable at will or upon not more than 30 days' prior notice except tenant
leases;
(f) No Competing Rights. No person, firm or entity, other than Purchaser, has any right to
purchase, lease or otherwise acquire or possess the Property or any part thereof,
(g) No Regulatory Violations. The Property is not in breach of any law, ordinance or
regulation, or any order of any court or any federal, state, municipal or other
governmental department, commission, board, bureau, agency or instrumentality
wherever located, including, without limitation, those relating to environmental matters
and hazardous waste, and no claim, action, suit or proceeding is pending or, to the best o
Seller's knowledge and belief and after due inquiry, threatened against or affecting
Seller or affecting the Property, at law or in equity, or before or by any federal, state,
municipal or other governmental department, commission, board, bureau, agency or
entity wherever located, with respect to the Property or the Seller's present use and
operation of the Property; and
(h) No Hazardous Materials. To the best of Seller's knowledge, (i) all required federal,
state and local permits concerning or related to environmental protection and regulation
for the Property have been secured and are current; (ii) Seller is and has been in full
compliance with such environmental permits and other requirements regarding
environmental protection under applicable federal, state or local laws, regulations or
ordinances; (iii) there is no pending action against Seller under any environmental law,
regulation or ordinance and Seller has not received written notice of any such action or
possible action; (iv) there is not now, nor has there been in the past, any release of
hazardous substances on, over, at, from, into or onto any facility at the Property, as such
terms are understood under the Comprehensive Environmental Response,
Compensation and Liability Act; and (v) Seller does not have actual knowledge of any
environmental condition, situation or incident on, at or concerning the Property that
could reasonably be expected to give rise to an action or to liability under any law, rule,
ordinance or common law theory governing environmental protection.
Seller acknowledges that Purchaser has relied and will rely on the representations and warranties of Seller
in executing this Agreement and in closing the purchase and sale of the Property pursuant to this
Agreement,, and Seller, during the term of this Agreement, agrees to notify Purchaser promptly in the
event that Seller obtains knowledge of any change affecting any of such representations and warranties, in
which event Purchaser shall be entitled to exercise the remedies set forth in Section 14 hereof. Until and
unless Seller's warranties and representations shall have been qualified and modified as appropriate by
any such additional information provided by Seller to Purchaser, Purchaser shall continue to be entitled to
rely on Seller's representations and warranties set forth in this Agreement, notwithstanding any contrary
information resulting from any inspection or investigation made by or on behalf of Purchaser. All of
Seller's representations and warranties, as so qualified and modified, shall survive Closing.
Section 10. Seller's Covenants.
(a) Updating of Information. Seller acknowledges that Purchaser will rely upon the Title
Commitment, Survey, Due Diligence documents and other materials delivered by Seller to
Purchaser hereunder to satisfy itself with respect to the condition and operation of the
Property, and Seller agrees that, if Seller discovers that the information contained in any of
the materials delivered to Purchaser hereunder is inaccurate or misleading in any respect, then
Seller shall promptly notify Purchaser of such changes and supplement such materials.
(b) Prohibited Activities. During the term of this Agreement, Seller shall not, without the prior
written consent of Purchaser, which consent Purchaser shall have no obligation to grant and
which consent, if granted, may be conditioned in such manner as Purchaser shall deem
appropriate in the sole discretion of Purchaser: (i) grant any licenses, easements or other uses
affecting any portions of the Property; (ii) permit any mechanic's or materialman's lien to
attach to any portion of the Property; (iii) place or permit to be placed on, or remove or
permit to be removed from, the Property any trees, buildings, structures or other
improvements of any kind; or (iv) excavate or permit the excavation of the Property or any
portion thereof.
(c) Cooperation in Permitting Activities. During the term of this Agreement, Seller will
cooperate with Purchaser in such manner and at such times as Purchaser may request in
obtaining subdivision, zoning or rezoning, site plan development, building permit and other
approvals required for Purchaser's proposed use, including without limitation, signing such
applications for such approvals and other instruments as may be required or authorizing
Purchaser to sign such applications or instruments as Seller's agent or both. Purchaser shall
bear the costs and expenses of obtaining all such approvals except for attorneys' fees that
Seller may consider necessary in connection with reviewing such applications and
instruments, which shall be borne solely by Seller.
Section 11. Agents. Seller and Purchaser each represent and warrant to the other that it has not
engaged the services of any agent, broker, or other similar party in connection with this transaction.
Section 12. Closing Documents. No later 3 business days prior to the Closing, Seller shall deliver
to Purchaser copies of the closing documents (including but not limited to the Deed) for Purchaser's
reasonable right of approval.
Section 13. Notices.
(a) Any notice under this Contract shall be in writing and shall be deemed to have been
served if (i) delivered in person to the address set forth below for the party to whom the notice is given,
(ii) delivered in person at the Closing (if that party is present at the Closing), (iii) placed in the United
States mail, return receipt requested, addressed to such party at the address specified below, or (iv)
deposited into the custody of Federal Express Corporation to be sent by FedEx Overnight Delivery or
other reputable overnight carrier for next day delivery, addressed to the party at the address specified
below.
(b) The address of Buyer under this Contract is:
City of Fort Worth
Property Management Department
1000 Throckmorton Street
Fort Worth, Texas 76102
Attn: Roger Venables
Telephone: 817-392-6334
(c) The address of Seller under this Contract is:
14.887 McCart and Risinger, L.P.
627 Delochie Street
Westworth Village, TX 76114
With a copy to:
Leann D. Guzman
City Attorney's Office
200 Texas Street
Fort Worth, Texas 76102
Telephone 817-392-7600
(d) From time to time either party may designate another address or fax number under this
Contract by giving the other party advance written notice of the change.
Section 14. Termination, Default, and Remedies.
(a) If Purchaser fails or refuses to consummate the purchase of the Property pursuant to this
Contract at the Closing for any reason other than termination of this Contract by Purchaser pursuant to a
right so to terminate expressly set forth in this Contract or Seller's failure to perform Seller's obligations
under this Contract, then Seller, as Seller's sole and exclusive remedy, shall have the right to terminate
this Contract by giving written notice thereof to Purchaser prior to or at the Closing, whereupon neither
party hereto shall have any further rights or obligations hereunder.
(b) If (1) Seller fails or refuses to timely consummate the sale of the Property pursuant to this
Contract at Closing, (2) at the Closing any of Seller's representations, warranties or covenants contained
herein is not true or has been breached or modified, or (3) Seller fails to perform any of Seller's other
obligations hereunder either prior to or at the Closing for any reason other than the termination of this
Contract by Seller pursuant to a right so to terminate expressly set forth in this Contract or Purchaser's
failure to perform Purchaser's obligations under this Contract, then Purchaser shall have the right to:
(i) terminate this Contract by giving written notice thereof to Seller prior to or at the
Closing and neither party hereto shall have any further rights or obligations
hereunder;
(ii) waive, prior to or at the Closing, the applicable objection or condition and
proceed to close the transaction contemplated hereby in accordance with the
remaining terms hereof,
(iii) enforce specific performance of Seller's obligations under this Agreement; or
(v) institute an action for damages against Seller.
Section 15. Survival of Obligations. To the extent necessary to carry out the terms and provisions
hereof, the terms, conditions, warranties, representations, obligations and rights set forth herein shall not
be deemed terminated at the time of the Closing, nor shall they merge into the various documents
executed and delivered at the time of the Closing. All representations and warranties by Seller in this
L
Agreement (i) will expire two years after the Closing as to matters for which Purchaser has not provided
written notice to Seller within such period of time; and (ii) will expire as to all matters specified in any
such written notice to the extent that such matters are not resolved or made the subject of litigation
instituted prior to the expiration of three years after the Closing.
Section 16. Entire Contract. This Contract (including the attached Exhibits) contains the entire
contract between Seller and Purchaser, and no oral statements or prior written matter not specifically
incorporated herein is of any force and effect. No modifications are binding on either party unless set
forth in a document executed by that party.
Section 17. Assigns. This Contract inures to the benefit of and is binding on the parties and their
respective legal representatives, successors, and assigns. Neither party may assign its interest under this
Contract without the prior written consent of the other party.
Section 18. Taking Prior to Closing. If, prior to Closing, the Property or any portion thereof
becomes subject to a taking by virtue of eminent domain, Purchaser may, in Purchaser's sole discretion,
either (i) terminate this Contract and neither party shall have any further rights or obligations hereunder,
or (ii) proceed with the Closing of the transaction with an adjustment in the Purchase Price to reflect the
net square footage of the Property after the taking.
Section 19. Governing Law. This Contract shall be governed by and construed in accordance with
the laws of the State of Texas.
Section 20. Performance of Contract. The obligations under the terms of the Contract are
performable in Tarrant County, Texas, and any and all payments under the terms of the Contract are to be
made in Tarrant County, Texas.
Section 21. Venue. Venue of any action brought under this Contract shall be in Tarrant County,
Texas if venue is legally proper in that County.
Section 22. Severability. If any provision of this Contract is held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other
provision, and this Contract will be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein.
Section 23. Business Days/Effective Date. If the Closing or the day for performance of any act
required under this Contract falls on a Saturday, Sunday, or legal holiday, then the Closing or the day for
such performance, as the case may be, shall be the next following regular business day. The date on
which the Title Company receipts a copy of the Contract is the "Effective Date."
Section 24. Counterparts. This Contract may be executed in multiple counterparts, each of which
will be deemed an original, but which together will constitute one instrument.
Section 25. Terminology. The captions beside the section numbers of this Contract are for reference
only and do not modify or affect this Contract in any manner. Wherever required by the context, any
gender includes any other gender, the singular includes the plural, and the plural includes the singular.
Section 26. Construction. The parties acknowledge that each party and its counsel have reviewed
and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to
be resolved against the drafting party is not to be employed in the interpretation of this Contract or any
amendments or exhibits to it.
Section 27. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the
terms of this Contract, the prevailing party or parties are entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which such party or parties may be entitled.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
L",
This Contract is EXECUTED as of the Effective Date.
SELLER:
14.887 McCart and Risinger, L.P.
By: Jamie Development, Inc.
its gene al partner
Title:
Name: E RJ c IZ .V e l G eC--
Date: y - //- / &
PURCHASER:
CITY OFXORT WORTH, TEXAS
By:
1 a�aj�sistant City Manager
IS�h5
ity Secretary
M&C ° ,1
Date:
APPROVED AS TO LEGALITY AND FORM
Jewim
w�ICIAI RECORD
"TY SECRETARY
7. WORTH, TX
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Name of Employee/Signature
Title
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
OFFICIAL. RECORD
CITY SECRETARY
FT. WORTH, TX
By its execution below, Title Company agrees to perform its other duties pursuant to the provisions of
this Contract.
TITLE COMPANY:
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Name:
Title:
Date:
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/16/2018
DATE: Tuesday, October 16, 2018 REFERENCE NO.: L-16155
LOG NAME: 21 PMD POLICE SOUTH PATROL SITE
SUBJECT:
Authorize Acquisition of Fee Simple Interest in Approximately 15.341 Acres of Land, More or Less, Being
All of a Tract of Land in the J. H. Duncan Survey, Abstract No. 398, and J. W. Haynes Survey, Texas
General Land Office Abstract No. 780, Tarrant County Abstract 781, Also Known as 8800 McCart Avenue,
Tarrant County, Texas, from 14.887 McCart and Risinger, L.P., in the Amount of $2,000,255.00 and Pay
Estimated Closing Costs Up to $14,000.00 for the Development and Construction of a New Police Station
in Southwest Fort Worth (2018 Bond Program) (COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council:
Authorize acquisition of fee simple interest in approximately 15.341 acres of land, more or less,
being all of a tract of land in J. H. Duncan Survey, Abstract No. 398, and J. W. Haynes Survey, Texas
General Land Office Abstract No. 780, Tarrant County Abstract 781, also known as 8800 McCart
Avenue Tarrant County, Texas, from 14.887 McCart and Risinger, L.P., and pay estimated closing
costs up to $14,000.00 for the development and construction of a new police station in Southwest
Fort Worth;
2. Authorize the City Manager or his designee to negotiate and execute a contract of sale and
purchase agreement with 14.887 McCart and Risinger, L.P., in the amount of $2,000,255.00; and
3. Authorize the City Manager or his designee to execute, accept, and record the appropriate closing
documents to complete the transaction.
DISCUSSION:
On May 5, 2018, Fort Worth voters authorized the sale of $18,075,000.00 in General Obligation public
securities to finance the design, construction, acquisition of land and equipment necessary for a new
police facility. The purpose of this Mayor and Council Communication is to seek City Council authorization
to purchase land necessary to support the construction of a new police station in Southwest Fort Worth.
The Property Management Department, in collaboration with the Police Department, has determined the
site located at 8800 McCart Avenue, Tarrant County, Texas 76123 will meet the Police Department's
operational objectives for the South Patrol Division. An appraisal of the property was prepared by an
independent fee appraiser. A negotiated agreement has been reached with the property owner, 14.887
McCart and Risinger, L.P. This Mayor and Council Communication authorizes the purchase of a total of
approximately 15.341 acres of land, more or less, in the amount of $2,000,225.00, plus the payment of
estimated closing costs up to $14,000.00.
Funds for this project are included in the 2018 Bond Program. Available resources within the General
Fund will be used to provide interim financing until debt is issued. Once debt associated with the project is
Logname: 21PMD POLICE SOUTH PATROL SITE Page 1 of 2
sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official
Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance
No. 23209-05-2018).
This project is located in COUNCIL DISTRICTS 6 and 8.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the 2018 Bond Fund for this project. Prior to
an expenditure being incurred, the participating department has the responsibility to validate the
availability of funds.
FUND IDENTIFIERS (FIDS):
Fundi Department
ID
FROM
unjProject �Prog
ID
Budget Reference # mou
Year (Chartfield 2)
Fund
Department
ccoun
Project
Program
ctivity
Budget
Reference # 1moun
ID
ID
Year
Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Jay Chapa (5804)
Steve Cooke (5154)
Roger Venables (6334)
Additional Information Contact: Ricky Salazar (8053)
ATTACHMENTS
1. 1295 Form.pdf (Public)
2. FID ACCT INFO 101661.xlsx (CFW Internal)
3. South Patrol Division. pd (Public)
Logname: 21PMD POLICE SOUTH PATROL SITE Page 2 of 2
Forms proviaea oy i exas Ethics commission www.ethics.state.tx.us Version V1.0.6711
CERTIFICATE OF INTERESTED PARTIES
FORM 1.295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
12018-403809
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
14.887 McCart and Risinger, LP
Westworth Village, TX United States
Date Filed:
09/13/2018
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Fort Worth
Date Acknowl dged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
0
raw land
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party. ❑
X
6
UNSWORN DECLARATION
, / /
My name is L; &I G /p,Y �• Z 1 and my date of birth is
Myaddressis i� 27 09740,4,5—H-6 S% &u -F :oeN-h V/t *%c
71 7411Y, Q rA ,
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in � — County, State of K on the 17 day of 20
Int 'Z-06. AJ -j— (month) (year) '
Signature of authorized agent of tontracting business entity
(Declarant)
Forms proviaea oy i exas Ethics commission www.ethics.state.tx.us Version V1.0.6711
�111�11
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