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-'ON R CT No �� 5��a
FIRST AMENDMENT
TO PURCHASE CONTRACT
This First Amendment to Purchase Contract ("First Amendment') is executed by CITY
OF FORT WORTH, TEXAS, acting by and through its duly authorized City Manager or
Assistant City Manager ("Seller"), and HARMONY REALTY, LTD., a Texas limited
partnership("Purchaser"), to be effective as of September 22, 2008 (the"Amendment Date").
WHEREAS, Seller and Purchaser executed that certain Purchase Contract(City Secretary
Contract Number 35251) with an effective date of April 19, 2007 (the "Contract"), for the
purchase and sale of approximately 31,720 square feet of land located in Fort Worth, Tarrant
County,Texas,as more particularly described in the Contract; and
WHEREAS, Seller and Purchaser have agreed to amend the Contract as provided in this
First Amendment.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained in this First Amendment and in the Contract, and for other good and valuable
consideration,which the parties acknowledge receiving, Seller and Purchaser agree as follows:
1, All capitalized terms used herein which are not otherwise defined have the same
definitions as set forth in the Contract.
2. Section 6(a) of the Contract is hereby amended to provide that the "Option
Period'shall expire at midnight on December 16, 2008.
3. Section 8(a) is hereby deleted in its entirety and replaced with the following:
(a) 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 thirty
(30) days after the satisfaction of the following contingencies to Closing
("Closing Contingencies"), but not later than January 9, 2009. The Closing
Contingencies are as follows:
(1) Purchaser having obtained all necessary municipal
approvals for rezoning of the Property to "PD/H" Planned
Development for all uses in "H central Business District,
excluding pawn shops, tattoo parlors, blood bank,
taverns/bars/ clubs except when associated with a hotel.
Subject to the Downtown Design Review Guidelines
Lancaster Corridor Zone, site plan waived."
4. The parties agree that (i) the $7,000 Additional Earnest Money deposited by
Purchaser with Title Company on or about July 29, 2008 shall be treated as "Earnest Money" as
provided under Section 2(c) and(ii)the Purchase Price shall be as provided in Section 2(a).
OFFICIAL.RECURD
976478_3 , CITY SECRETARY
FT WORTH,T]L
S. This First Amendment may be executed by facsimile or otherwise in multiple
counterparts,each of which will, for all purposes,be deemed an original,but which together will
constitute one and the same instrument.
6. In the event of conflict between the Contract and this First Amendment, this First
Amendment controls. Except as otherwise specifically amended hereby, the Contract remains in
full force and effect as agreed to by the parties.
[Signature Pages Follow Immediately]
9764783 2 OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
First Amendment
Signature Page of Purchaser
IN WITNESS WHEREOF, the undersigned has executed this First Amendment to be
effective as of the Amendment Date.
PURCHASER:
HARMONY REALTY,LTD.,
a Texas limited partnership
By: Harmony Realty Management Co.,LLC,
a Texas limited liability company,
its general partner
By:`�) ILo
William P.Churchill,President
OFFICIAL RECORD
976478_3 3 4iTY.SE T�R,
FT�►ORTi!,T)C
First Amendment
Signature Page of Seller
IN WITNESS WHEREOF, the undersigned has executed this First Amendment to be
effective as of the Amendment Date.
SELLER:
CITY OFF RT W H
By:
a U To g 'n A t
istant City Manager
Attest
Contract Author!"ti011
Marty Hendrix
City Secretary
Date
Approved as to Legality and Form
Assistant City Att&ney
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,Tx
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