HomeMy WebLinkAboutContract 35174C�:i`I"Y ;�����'���i"Y 1 1
�ONi�At�T f�itJ .
SECOND AMENDMENT TO PURCHASE CONTRACT BETWEEN
THE CITY OF FORT WORTH AND ANDRE S. AND RAQUEL ORTEGA
[CITY SECRETARY CONTRACT NUMBER 35132]
This agreement is made and entered into by and between the City of Fort Worth
("Buyer"), acting by and through its duly authorized Assistant City Manager, and Andre S.
Ortega and Raquel Ortega ("Seller") to amend City Secretary Contract Number 35132.
RECITALS
WHEREAS, on March 27, 2007, Buyer entered into a Purchase Contract ("Contract")
with Seller to purchase Lots 9 and 10, Block 3, Morgan Heights Addition, an addition to the City
of Fort Worth, Tarrant County, Texas, according to the Plat recorded in volume 310, page 44,
Plat Records, Tarrant County, Texas, and Lots 11-R and 12-R, Block 3, Shoe and Leather
Company's Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to
the Plat recorded in volume 388-4, page 337, Plat Records, Tarrant County, Texas ("Property");
WHEREAS, on April 3, 2007, the parties amended the Contract to provide that Seller
would retain the mineral interests on the Property;
WHEREAS, the parties desire to amend the Contract to allow Seller to remain on the
Property until May 5, 2007, subject to the provisions contained herein;
NOW, THEREFORE, for and in consideration of the covenants and promises contained
herein, the parties hereto agree as follows:
l. Section 8, subparagraph (c) is hereby amended as follows:
(c) Buyer agrees to allow Seller to remain on the Property after Closing scheduled on
Apri14, 2007, until May 5, 2007, subject to the following:
(1) Seller acknowledges and agrees that Buyer shall not obtain or
maintain any liability, fire, commercial, general, or any other kind of insurance on
the Property, and that Seller shall be solely responsible for obtaining and/or
maintaining insurance on the Property until May 5, 2007;
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(2) Seller agrees that it shall not place any liens or leases on the
Property after Closing;
(3) Seller acknowledges that the Property is in a flood plain and that
Buyer shall not maintain any flood insurance on the Property. Seller
acknowledges and agrees that it shall be the sole responsibility of Seller to obtain
flood insurance on the Property after Closing;
(4) SELLER HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR PROPERTY LOSS, PROPERTY DAMAGE,
AND/OR PERSONAL INJURY OF ANY HIND, INCLUDING DEATH, TO
ANY AND ALL PERSONS OF ANY HIND OR CHARACTER, WHETHER
REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH
ITS USE UNDER THIS AMENDMENT OR OF THE OCCUPATION,
MAINTENANCE, OR USE OF THE PROPERTY. SELLER COVENANTS
AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD
HARMLESS AND DEFEND AND RELEASE BUYER, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY
AND ALL CLAIMS OR LOSSES FROM EITHER PROPERTY DAMAGE
OR LOSS, INCLUDING ANY ALLEGED DAMAGE OR LOSS TO
SELLER'S PERSONAL PROPERTY, BUSINESSES, AND ANY
RESULTING LOST PROFITS AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS OF ANY HIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF
OR IN CONNECTION WITH SELLER'S OCCUPATION OF THE
PROPERTY;
(5) If for any reason Seller has not vacated the Property by May 5,
2007, Seller will pay rent in the amount of twenty and no/100 Dollars ($20.00)
per day, until the Property is relinquished. In no event will Seller remain on the
Property after May 10, 2007.
EXECUTED and EFFECTIVE this �day of I , 2007.
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BUYER:
CITY OF FORTj WORTH
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By: / � - - _��
M��c_ A. Ott
Assistant City Manager
Date:
SECOND AMENDMENT TO PURCHASE CONTRACT
PAGE 2
Attest:
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Marty Hendria�
City Secretary
Approv �3 as to Fo m and Legality:
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Assistant City Attorney
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SECOND AMENDMENT TO PURCHASE CONTRACT
PnGE 3
SELLER:
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Andre S. Ortega
Date: �— '�� —' � �
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Raque Ortega
Date: �l `� �� � �
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STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the �� day of '��t,C.� , 2007,
by Marc A. Ott, Assistant City Manager of the City of Fort Worth, Texas, a municipal
corporation, on behalf of the City of Fort Worth, Texas.
�.='aq��'� P`�i;: ROSELLA BARNES
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STATE OF TEXAS
COUNTY OF TARRANT
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Cd:l�-��.� �7 G�./LGc�=--�'�
Notary Public, State of TEXAS
This instrument was acicnowledged before me on the � day of •, 2007,
by Andre S. Ortega and Raquel Ortega.
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SECOND AMENDMENT TO PURCHASE CONTRACT
PAGE 4
Notary Public, State of TEXAS