HomeMy WebLinkAboutContract 35698 CITY SECRETARY
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CONTRACT NO.
98
CONTRACT OF SALE
(815 E Magnolia Ave)
THIS PURCHASE CONTRACT ("Contract") is made and entered into by and between
the CITY OF FORT WORTH, TEXAS, acting by and through its duly authorized City Manager
or Assistant City Manager ("Buyer") and LINDA A. WILLIAMS, ("Seller") as of the date on
which this Contract is executed by the last to sign of Seller and Buyer ("Effective Date").
RECITALS
1. Seller is the owner of Lot 19, South %2 of Block 7 of the Zurn Subdivision of the Evans
South Addition to the City of Fort Worth, according to the plat recorded in Volume 60,
Page 576, Plat Records, Tarrant County, Texas and with a street address of 815 E
Magnolia Ave, Fort Worth, Texas 76104 (zip) together with any easements, rights-of-
way, licenses, interests, and rights appurtenant thereto (collectively, the "Property"), and
being more particularly described in the attached Exhibit"A".
2. Buyer is a municipal corporation that desires to acquire the property for public use.
3. Seller desires to sell the Property for fair market value to Buyer, which will benefit the
citizens of Fort Worth in general.
AGREEMENT
In consideration of the mutual covenants in this Contract, Seller and Buyer agree as
follows:
Section 1. Sale and Purchase.
(a) Seller agrees to sell and convey the Property to Buyer, and Buyer agrees to
purchase and accept the Property from Seller, for the Purchase Price (as defined below), subject
to the terms and conditions set forth in this Contract.
(b) Seller shall convey the Property to Buyer 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 (as defined below in Section 3) that are not cured and that are
subsequently waived pursuant to Section 3 below("Permitted Encumbrances").
(c) Seller expressly reserves for itself and its successors and assigns all rights of
ownership, including, without limitation, any mineral deposits underlying the surface of the
Property, including, without limitation, petroleum and natural gas deposits, if any, provided,
Seller shall not injure, damage, or destroy the permanent improvements of Buyer. Seller does
hereby waive water rights and surface rights to the subject Property, and agrees that no drilling
activity shall be conducted thereon.
(d) Seller reserves for itself all personal property, including, but not limited to,
landscaping, security bars, lighting, and storm windows.
Section 2. Independent Consideration and Contract Sales Price.
(a) Contemporaneously with the execution of this contract, Buyer delivers to Seller a
check in the amount of $100.00 ("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 provision of this Contract.
(b) The purchase price ("Purchase Price") for the Property, payable by Buyer to Seller
at Closing (defined below), is ONE HUNDRED THOUSAND and no/100 DOLLARS
($100,000.00).
Section 3. Title Commitment and Survey.
(a) Within thirty (30) days after the Effective Date, Buyer shall obtain, at Buyer's
sole cost and expense (i) an Owner's Commitment for Title Insurance ("Title Commitment")
from ALAMO TITLE COMPANY, 1300 UNIVERSITY DR, STE 100, FORT WORTH, TX
76107 ("Title Company"), setting forth the status of the title of the Property and showing all
Encumbrances and other matters, if any, relating to the Property; and (ii) a legible copy of all
documents referred to in the Title Commitment, including but not limited to, plats, reservations,
restrictions, and easements.
(b) Buyer shall provide and deliver to Title Company a copy of a survey of the
Property (the "Survey") at Buyer'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 Buyer and Title Company.
The Survey shall (i) be certified to Buyer, 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 description of the Property.
(c) If the Title Commitment discloses any Encumbrances or other matters, which are
not acceptable to Buyer in Buyer's sole discretion, then Buyer shall give Seller written notice
thereof within fifteen(15) days after receipt of the Title Commitment, and all documents referred
to in the Title Commitment, specifying Buyer's objections ("Objections"), if any. If Buyer gives
such notice to Seller, Seller shall use its best efforts to cure the Objections, but shall be under no
obligation to do so.
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(d) If Buyer gives notice of Objections and Seller does not cure the Objections, cause
the Title Commitment to be amended to give effect to matters that are cured, and give Buyer
written notice thereof within the fifteen (15) day period following receipt of the notice of
Objections from Buyer ("Cure Period"), Buyer shall have the right either (i) to terminate this
Contract by giving written notice thereof to Seller at any time after the expiration of such Cure
Period but prior to the expiration of the Option Period (as defined below in Section 6) and, upon
such termination, neither party hereto shall have any further rights or obligations, or (ii) to waive
the Objections and consummate the purchase of the Property subject to the Objections which
shall be deemed to be Permitted Encumbrances. Notwithstanding the foregoing sentence, if
Seller has commenced curing the Objections and is diligently prosecuting the same, as
determined by Buyer in Buyer's sole discretion, then Buyer in Buyer's sole discretion may extend
the Cure Period for an amount of time Buyer deems necessary for Seller to cure the same.
Section 4. Review Reports. Within twenty (20) days after the Effective Date, Seller
shall deliver to Buyer for Buyer's review any and all environmental reports and studies in
Seller's possession concerning the Property.
Section 5. Inspection of the Property Buyer, at Buyer'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 tests, borings, analysis, and studies ("Tests") by appointment. Any
engineering and feasibility tests shall be conducted at Buyer's sole risk and expense. Buyer shall
be solely responsible for all costs of any environmental site assessments Buyer deems necessary.
Buyer will restore the Property to its original condition at Buyer's sole expense following any
site work. In the event this transaction does not close for any reason whatsoever, the Buyer shall
release to Seller any and all independent test studies or tests results obtained during this
inspection period.
Section 6. Option Period.
(a) Notwithstanding anything to the contrary contained in this Contract, until ninety
(90) days after the Effective Date ("Option Period"), the following is a condition precedent to
Buyer's obligations under this Contract:
Buyer being satisfied in buyer's sole and absolute discretion that the Property is
suitable for Buyer's intended uses, including, without limitation, Buyer being
satisfied with the results of the Tests (defined in Section 5 above).
(b) If Buyer is not satisfied in Buyer's sole and absolute discretion as to the condition
precedent described in Section 5 above, Buyer may give written notice thereof to Seller on or
before the end of the Option Period, whereupon this Contract shall terminate. Upon such
termination, 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.
Section 7. Closing. Subject to Section (d) below, closing shall occur on or after October 1,
2007, but no later than October 31, 2007.
(a) At the Closing, all of the following shall occur, all of which are deemed
concurrent conditions:
(1) Seller, at Seller's sole cost and expense, shall deliver or cause to be
delivered to Buyer the following:
(i) A General Warranty Deed ("Deed"), fully executed and
acknowledged by Seller, conveying to Buyer good and indefeasible fee
simple title to the Property subject only to the Permitted Encumbrances,
with the precise form of the Deed to be determined pursuant to Section 9
below;
(ii) Any other instrument or document necessary for Title Company to
issue the Owner Policy in accordance with Section 7(a)(3) below.
(2) Buyer, at Buyer'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 Buyer, at Buyer'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,
Buyer 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 Buyer shall each pay their respective attorneys' fees.
(5) Buyer shall pay all recording fees and any other closing costs as set forth
by the Title Company.
(b) Ad valorem and similar taxes and assessments, if any, relating to the Property
shall be prorated between Seller and Buyer as of the Closing Date, based on estimates of the
amount of taxes that will be due and payable on the Property during the calendar year in which
the Closing occurs. As soon as the amount of taxes and assessments on the Property for that year
is known, Seller and Buyer shall readjust the amount of taxes to be paid by each party with the
result that Seller shall pay for any taxes and assessments applicable to the Property up to and
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including the date of Closing, and Buyer shall pay for those taxes and assessments applicable to
the Property after the Closing. The provisions of this Section 7(b) survive the Closing.
(c) Upon completion of the Closing, Seller shall be given thirty (30) days to vacate
premises, and at the end of such time deliver possession of the Property to Buyer, free and clear
of all tenancies of every kind.
(d) If Buyer is not prepared to close on or before October 31, 2007, the closing
period may be extended if agreed to in writing by the parties.
Section 8. Agents. Seller and Buyer 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, other than Sherlev Spears, Seville-Metroplex Real Estate Group, Seller shall be
responsible for all commissions, fees, or other reimbursement due to Sherlev Spears, Seville-
Metroplex Real Estate Group, who is the Seller's broker.
Section 9. Closing Documents. No later than fifteen (15) days prior to the Closing Date,
Seller shall deliver to Buyer a copy of the Deed, which is subject to Buyer's reasonable right of
approval.
Section 10. 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, (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, or (v) telecopied to the party at the telecopy number
listed below, provided that the transmission is confirmed by telephone on the date of the
transmission.
(b) The address of Buyer under this Contract is:
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Attention: Stephanie Givens
Telephone: 817-392-8873
(c) The address of Seller under this Contract is:
Linda A. Williams
815 E Magnolia Ave
Fort Worth, TX 76104
Telephone: 817-870-0116
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(d) From time to time either party may designate another address or telecopy number
under this Contract by giving the other party advance written notice of the change.
Section 11. Termination, Default, and Remedies.
(a) If Buyer 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 Buyer
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 Buyer
prior to or at the Closing, whereupon neither party hereto shall have any further rights or
obligations hereunder.
(b) If Seller fails or refuses to consummate the sale of the Property pursuant to this
Contract at Closing or 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 Buyer's failure to perform Buyer's
obligations under this Contract, then Buyer shall have the right to 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.
Section 12. Entire Contract. This Contract (including the attached exhibits) contains the
entire contract between Seller and Buyer, 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 13. 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 consent of the other party.
Section 14. Time for Execution. If Seller has not executed and returned a fully executed
copy of this Contract to Buyer by 5:00 p.m., Fort Worth, Texas time on Tuesday,June 19, 2007,
this Contract shall be null and void.
Section 15. Time of the Essence. Time is of the essence under this Contract.
Section 16. Taking Prior to Closing. If, prior to Closing, the Property or any portion thereof
becomes subject to a taking by virtue of eminent domain, Buyer may, in Buyer'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 17. Governing Law. This Contract shall be governed by and construed in
accordance with the laws of the State of Texas.
Section 18. 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.
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Section 19. Venue. Venue of any action brought under this Contract shall be in Tarrant
County, Texas if venue is legally proper in that County.
Section 20. 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 21. Business Days. If the Closing date or the day for performance of any act required
under this Contract falls on a Saturday, Sunday, or legal holiday, then the Closing date or the day
for such performance, as the case may be, shall be the next following regular business day.
Section 22. Counterparts. This Contract may be executed in multiple counterparts, each of
which will be deemed an original,but which together will constitute one instrument.
This Contract is EXECUTED as of the Effective Date.
SELLER: BUYER:
LINDA A. WILLIAMS CITY OF FORT WORTH
815 E Magnolia Ave a Home-Rule Municipality duly organized and
Fort Worth,TX 76104 operating under the Constitution and laws of the
State of Texas in Tarrant, Denton, Parker and Wise
Counties, Texas
B • By:
4
Marc A. Ott, Ass t NyNfanager
Name: Linda A. Williams
Date: �°$'2% 17
Date: 6
Attest
Marty Hendrix, ity Secretary
APPROVED AS TO LEGALITY AND FORM
Assistant City Attorney
Contract Authoriaatioa
,._.6
D a t-
r ^
i
By its execution below, Title Company agrees to perform its other duties pursuant to the
provisions of this Contract.
TITLE COMPANY:
By:
Name:
Title:
Date:
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EXHIBIT "A"
Description of Property
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/14/2007
DATE: Tuesday, August 14, 2007
LOG NAME: 30WILLIAMS PURC REFERENCE NO.: **L-14369
SUBJECT:
Authorize the Acquisition of Lot 19, Zurn Subdivision, from Linda A. Williams, Located in South Fort
Worth for the Relocation of Fire Station No. 5 (DOE 5485)
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the acquisition of Lot 19, Zurn Subdivision, from Linda A. Williams, located in south Fort Worth
for the relocation of Fire Station No. 5;
2. Find that the price offered in the amount of $100,000.00, plus an estimated closing cost of $2,000.00, is
just compensation; and
3. Authorize the acceptance and recording of appropriate instruments.
DISCUSSION:
In order to provide fire protection and maintain response times to fires and other emergencies in areas of
south Fort Worth, City Staff recommends the purchase of Lot 19, Zurn Subdivision, from Linda A. Williams
for the relocation of Fire Station No. 5, which is currently located in the Evans Avenue and Rosedale Street
Business and Cultural District.
Special circumstances (this being the seller's homestead and the only site suitable to meet the Fire
Department's required response times for its service area, seller being disabled, elderly and on a fixed
income, and lack of available replacement housing for the appraised value) has resulted in staff negotiating
and recommending a purchase offer above the value established by an outside independent appraiser
($25,000.00). Infrastructure support is included in the construction costs, and is to be incurred by the Fort
Worth Fire Department. This land acquisition is being funded by the Critical Capital Projects Fund from the
sale of Certificates of Obligation, Series 2007.
The land to be acquired is described as:
Grantor Legal Description Sq Ft Amount
Linda A Williams Lot 19, Zurn Subdivision 5,000 $100,000.00
Fort Worth, Tarrant County,
Texas
Estimated Closing Costs $2,000.00
Total $102,000.00
The property is located in COUNCIL DISTRICT 8, Mapsco 77K.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/29/2007
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
2007 Critical Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C295 541100 208110073940 $102,000.00
Submitted for City Manager's Office by- Marc A. Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: Willie Ingram (6645)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/29/2007
CITY SECRETARY�� U
CONTRACT NO.
CONTRACT OF SALE
(815 E Magnolia Ave)
THIS PURCHASE CONTRACT ("Contract") is made and entered into by and between
the CITY OF FORT WORTH, TEXAS, acting by and through its duly authorized City Manager
or Assistant City Manager ("Buyer") and LINDA A. WILLIAMS, ("Seller") as of the date on
which this Contract is executed by the last to sign of Seller and Buyer ("Effective Date").
RECITALS
1. Seller is the owner of Lot 19, South '/2 of Block 7 of the Zurn Subdivision of the Evans
South Addition to the City of Fort Worth, according to the plat recorded in Volume 60,
Page 576, Plat Records, Tarrant County, Texas and with a street address of 815 E
Magnolia Ave, Fort Worth, Texas 76104 (zip) together with any easements, rights-of-
way, licenses, interests, and rights appurtenant thereto (collectively, the "Property"), and
being more particularly described in the attached Exhibit"A".
2. Buyer is a municipal corporation that desires to acquire the property for public use.
3. Seller desires to sell the Property for fair market value to Buyer, which will benefit the
citizens of Fort Worth in general.
AGREEMENT
In consideration of the mutual covenants in this Contract, Seller and Buyer agree as
follows:
Section 1. Sale and Purchase.
(a) Seller agrees to sell and convey the Property to Buyer, and Buyer agrees to
purchase and accept the Property from Seller, for the Purchase Price (as defined below), subject
to the terms and conditions set forth in this Contract.
(b) Seller shall convey the Property to Buyer 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 (as defined below in Section 3) that are not cured and that are
subsequently waived pursuant to Section 3 below("Permitted Encumbrances").
(c) Seller expressly reserves for itself and its successors and assigns all rights of
ownership, including, without limitation, any mineral deposits underlying the surface of the
Property, including, without limitation, petroleum and natural gas deposits, if any, provided,
Seller shall not injure, damage, or destroy the permanent improvements of Buyer. Seller does
hereby waive water rights and surface rights to the subject Property, and agrees that no drilling
activity shall be conducted thereon.
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(d) Seller reserves for itself all personal property, including, but not limited to,
landscaping, security bars, lighting, and storm windows.
Section 2. Independent Consideration and Contract Sales Price.
(a) Contemporaneously with the execution of this contract, Buyer delivers to Seller a
check in the amount of $100.00 ("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 provision of this Contract.
(b) The purchase price ("Purchase Price") for the Property, payable by Buyer to Seller
at Closing (defined below), is ONE HUNDRED THOUSAND and no/100 DOLLARS
($100,000.00).
Section 3. Title Commitment and Survey.
(a) Within thirty (30) days after the Effective Date, Buyer shall obtain, at Buyer's
sole cost and expense (i) an Owner's Commitment for Title Insurance ("Title Commitment")
from ALAMO TITLE COMPANY, 1300 UNIVERSITY DR, STE 100, FORT WORTH, TX
76107 ("Title Company"), setting forth the status of the title of the Property and showing all
Encumbrances and other matters, if any, relating to the Property; and (ii) a legible copy of all
documents referred to in the Title Commitment, including but not limited to, plats, reservations,
restrictions, and easements.
(b) Buyer shall provide and deliver to Title Company a copy of a survey of the
Property (the "Survey") at Buyer'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 Buyer and Title Company.
The Survey shall (i) be certified to Buyer, 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 description of the Property.
(c) If the Title Commitment discloses any Encumbrances or other matters, which are
not acceptable to Buyer in Buyer's sole discretion, then Buyer shall give Seller written notice
thereof within fifteen (15) days after receipt of the Title Commitment, and all documents referred
to in the Title Commitment, specifying Buyer's objections ("Objections"), if any. If Buyer gives
such notice to Seller, Seller shall use its best efforts to cure the Objections, but shall be under no
obligation to do so.
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(d) If Buyer gives notice of Objections and Seller does not cure the Objections, cause
the Title Commitment to be amended to give effect to matters that are cured, and give Buyer
written notice thereof within the fifteen (15) day period following receipt of the notice of
Objections from Buyer ("Cure Period"), Buyer shall have the right either (i) to terminate this
Contract by giving written notice thereof to Seller at any time after the expiration of such Cure
Period but prior to the expiration of the Option Period (as defined below in Section 6) and, upon
such termination, neither party hereto shall have any further rights or obligations, or (ii) to waive
the Objections and consummate the purchase of the Property subject to the Objections which
shall be deemed to be Permitted Encumbrances. Notwithstanding the foregoing sentence, if
Seller has commenced curing the Objections and is diligently prosecuting the same, as
determined by Buyer in Buyer's sole discretion, then Buyer in Buyer's sole discretion may extend
the Cure Period for an amount of time Buyer deems necessary for Seller to cure the same.
Section 4. Review Reports. Within twenty (20) days after the Effective Date, Seller
shall deliver to Buyer for Buyer's review any and all environmental reports and studies in
Seller's possession concerning the Property.
Section 5. Inspection of the Property Buyer, at Buyer'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 tests, borings, analysis, and studies ("Tests") by Upointment. Any
engineering and feasibility tests shall be conducted at Buyer's sole risk and expense. Buyer shall
be solely responsible for all costs of any environmental site assessments Buyer deems necessary.
Buyer will restore the Property to its original condition at Buyer's sole expense following any
site work. In the event this transaction does not close for any reason whatsoever, the Buyer shall
release to Seller any and all independent test studies or tests results obtained during this
inspection period.
Section 6. Option Period.
(a) Notwithstanding anything to the contrary contained in this Contract, until ninety
(90) days after the Effective Date ("Option Period"), the following is a condition precedent to
Buyer's obligations under this Contract:
Buyer being satisfied in buyer's sole and absolute discretion that the Property is
suitable for Buyer's intended uses, including, without limitation, Buyer being
satisfied with the results of the Tests (defined in Section 5 above).
(b) If Buyer is not satisfied in Buyer's sole and absolute discretion as to the condition
precedent described in Section 5 above, Buyer may give written notice thereof to Seller on or
before the end of the Option Period, whereupon this Contract shall terminate. Upon such
termination, 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.
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Section 7. Closing. Subject to Section (d) below, closing shall occur on or after October 1,
2007, but no later than October 31,2007.
(a) At the Closing, all of the following shall occur, all of which are deemed
concurrent conditions:
(1) Seller, at Seller's sole cost and expense, shall deliver or cause to be
delivered to Buyer the following:
(i) A General Warranty Deed ("Deed"), fully executed and
acknowledged by Seller, conveying to Buyer good and indefeasible fee
simple title to the Property subject only to the Permitted Encumbrances,
with the precise form of the Deed to be determined pursuant to Section 9
below;
(ii) Any other instrument or document necessary for Title Company to
issue the Owner Policy in accordance with Section 7(a)(3) below.
(2) Buyer, at Buyer'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 Buyer, at Buyer'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,
Buyer 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 Buyer shall each pay their respective attorneys' fees.
(5) Buyer shall pay all recording fees and any other closing costs as set forth
by the Title Company.
(b) Ad valorem and similar taxes and assessments, if any, relating to the Property
shall be prorated between Seller and Buyer as of the Closing Date, based on estimates of the
amount of taxes that will be due and payable on the Property during the calendar year in which
the Closing occurs. As soon as the amount of taxes and assessments on the Property for that year
is known, Seller and Buyer shall readjust the amount of taxes to be paid by each party with the
result that Seller shall pay for any taxes and assessments applicable to the Property up to and
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including the date of Closing, and Buyer shall pay for those taxes and assessments applicable to
the Property after the Closing. The provisions of this Section 7(b) survive the Closing.
(c) Upon completion of the Closing, Seller shall be given thirty (30) days to vacate
premises, and at the end of such time deliver possession of the Property to Buyer, free and clear
of all tenancies of every kind.
(d) If Buyer is not prepared to close on or before October 31, 2007, the closing
period may be extended if agreed to in writing by the parties.
Section 8. Agents. Seller and Buyer 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, other than Sherley Spears, Seville-Metroplex Real Estate Group, Seller shall be
responsible for all commissions, fees, or other reimbursement due to Sherley Spears, Seville-
Metroplex Real Estate Group, who is the Seller's broker.
Section 9. Closing Documents. No later than fifteen (15) days prior to the Closing Date,
Seller shall deliver to Buyer a copy of the Deed, which is subject to Buyer's reasonable right of
approval.
Section 10. 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, (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, or (v) telecopied to the party at the telecopy number
listed below, provided that the transmission is confirmed by telephone on the date of the
transmission.
(b) The address of Buyer under this Contract is:
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Attention: Stephanie Givens
Telephone: 817-392-8873
(c) The address of Seller under this Contract is:
Linda A. Williams
815 E Magnolia Ave
Fort Worth, TX 76104
Telephone: 817-870-0116
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(d) From time to time either party may designate another address or telecopy number
under this Contract by giving the other party advance written notice of the change.
Section 11. Termination, Default, and Remedies.
(a) If Buyer 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 Buyer
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 Buyer
prior to or at the Closing, whereupon neither party hereto shall have any further rights or
obligations hereunder.
(b) If Seller fails or refuses to consummate the sale of the Property pursuant to this
Contract at Closing or 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 Buyer's failure to perform Buyer's
obligations under this Contract, then Buyer shall have the right to 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.
Section 12. Entire Contract. This Contract (including the attached exhibits) contains the
entire contract between Seller and Buyer, 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 13. 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 consent of the other party.
Section 14. Time for Execution. If Seller has not executed and returned a fully executed
copy of this Contract to Buyer by 5:00 p.m., Fort Worth, Texas time on Tuesday,June 19,2007,
this Contract shall be null and void.
Section 15. Time of the Essence. Time is of the essence under this Contract.
Section 16. Taking Prior to Closing. If, prior to Closing, the Property or any portion thereof
becomes subject to a taking by virtue of eminent domain, Buyer may, in Buyer'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 17. Governing Law. This Contract shall be governed by and construed in
accordance with the laws of the State of Texas.
Section 18. 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.
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Section 19. Venue. Venue of any action brought under this Contract shall be in Tarrant
County, Texas if venue is legally proper in that County.
Section 20. 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 21. Business Days. If the Closing date or the day for performance of any act required
under this Contract falls on a Saturday, Sunday, or legal holiday, then the Closing date or the day
for such performance, as the case may be, shall be the next following regular business day.
Section 22. Counterparts. This Contract may be executed in multiple counterparts, each of
which will be deemed an original,but which together will constitute one instrument.
This Contract is EXECUTED as of the Effective Date.
SELLER: BUYER:
LINDA A.WILLIAMS CITY OF FORT WORTH
815 E Magnolia Ave a Home-Rule Municipality duly organized and
Fort Worth,TX 76104 operating under the Constitution and laws of the
State of Texas in Tarrant, Denton, Parker and Wise
Counties,Texas
7Cn
Marc A. Ott, Assistant City Mana
Name: Linda A. Williams
Date:
Date:
Attest
Marty Hendrix, City Secretary
APPROVED AS TO LEGALITY AND FORM
ssistant City Atto
Contract uthorizatioa
.O
Date
- 7 -
By its execution below, Title Company agrees to perform its other duties pursuant to the
provisions of this Contract.
TITLE COMPANY:
By:
Name:
Title:
Date:
- 8 -
EXHIBIT "A"
Description of Property
PROPERTY DESCRIPTION
0.1148 of an acre of land being all of Lot 19,Zum's Subdivision of the South 1/2 of Block 7,Evans
South Addition,an Addition to the City of Fort Worth,Tarrant County,Texas,recorded in Volume
60, Page 576, Deed Records of Tarrant County, Texas, said 0.1148 of an acre of land being more
particularly described by metes and bounds as follows:
BEGINNING at a"+'cut in concrete"set for the southwest comer of the aforementioned Lot 19 and
the southeast corner of Lot 18 of the aforementioned Zurn's Subdivision,said"+"also being in the
north R.O.W. line of Magnolia Avenue;
THENCE North,along the common line of said Lot 18 and Lot 19,a distance of 100.00 feet to a 1/2
inch iron rod with plastic cap stamped"Landes&Assoc."set for the common comer of Lots 6, 7,
18 and 19 of said Zurn's Subdivision;
THENCE East,along the common line of said Lot 6 and Lot 19,a distance of 50.00 feet to a 1/2 inch
iron rod with plastic cap stamped"Landes&Assoc."set for the northeast comer of Lot 19 and the
northwest corner of Lot 20 of said Zurn's Subdivision;
THENCE South,along the common line of said Lot 19 and Lot 20,a distance of 100.00 feet to an
"+"cut in concrete set for the southeast corner of said Lot 19 and the southwest comer of said Lot
20 in the North R.O.W. line of the aforesaid Magnolia Avenue;
THENCE West,along the south Line of said Lot 19,with said north R.O.W.line,a distance of 50.00
feet to the PLACE OF BEGINNING and containing 5,000 square feet or 0.1148 of an acre of land.
See Survey Map of Lot 19,Zurn's Subdivision dated
9-11-07 prepared by James G. Ferguson,R..P.L.S.No. 1956
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/14/2007
DATE: Tuesday, August 14, 2007
LOG NAME: 30WILLIAMS PURC REFERENCE NO.: **L-14369
SUBJECT:
Authorize the Acquisition of Lot 19, Zurn Subdivision, from Linda A. Williams, Located in South Fort
Worth for the Relocation of Fire Station No. 5 (DOE 5485)
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the acquisition of Lot 19, Zurn Subdivision, from Linda A. Williams, located in south Fort Worth
for the relocation of Fire Station No. 5;
2. Find that the price offered in the amount of $100,000.00, plus an estimated closing cost of $2,000.00, is
just compensation; and
3. Authorize the acceptance and recording of appropriate instruments.
DISCUSSION:
In order to provide fire protection and maintain response times to fires and other emergencies in areas of
south Fort Worth, City Staff recommends the purchase of Lot 19, Zurn Subdivision, from Linda A. Williams
for the relocation of Fire Station No. 5, which is currently located in the Evans Avenue and Rosedale Street
Business and Cultural District.
Special circumstances (this being the seller's homestead and the only site suitable to meet the Fire
Department's required response times for its service area, seller being disabled, elderly and on a fixed
income, and lack of available replacement housing for the appraised value) has resulted in staff negotiating
and recommending a purchase offer above the value established by an outside independent appraiser
($25,000.00). Infrastructure support is included in the construction costs, and is to be incurred by the Fort
Worth Fire Department. This land acquisition is being funded by the Critical Capital Projects Fund from the
sale of Certificates of Obligation, Series 2007.
The land to be acquired is described as:
Grantor Legal Description Sq Ft Amount
Linda A Williams Lot 19, Zurn Subdivision 5,000 $100,000.00
Fort Worth, Tarrant County,
Texas
Estimated Closing Costs $2,000.00
Total $102,000.00
http://www.fortworthgov.org/council_packet/Reports/mc_print.asp 9/24/2007
Page 2 of 2
The property is located in COUNCIL DISTRICT 8, Mapsco 77K.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
2007 Critical Capital Projects Fund.
TO Fund/AccountiCenters FROM Fund/AccountiCenters
C295 541100 208110073940 $102,000.00
Submitted for City Manager's Office bx: Marc A. Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: Willie Ingram (6645)
http://www.fortworthgov.org/council_packet/Reports/mc_print.asp 9/24/2007