Loading...
HomeMy WebLinkAboutContract 36071 CITY SECRETA1jV CONTRACT NO. LLLLJ. PURCHASE CONTRACT THIS PURCHASE CONTRACT ( Contract ) is made and entere d 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 John Barker ("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 Lots 11 and 12, Block 41, W.A. Archer Addition to the City of Fort Worth, according to the plat recorded in Volume 63, Page 72, Plat Records, Tarrant County, Texas and with a street address of 3010 Decatur Avenue, Fort Worth, Texas 76106 together with any easements, rights-of-way, licenses, interests, and rights appurtenant thereto (collectively, the "Property"), except that the seller John Barker will retain his Mineral Rights. 2. Buyer is a municipal corporation that desires to acquire the purchase of the Property for public use for drainage improvements to Lebow Channel. 3. Seller desires to sell the Property for fair market value for drainage improvements to Lebow Channel (Project Improvements) and 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 (as defined below in Section 3) and the survey that are not cured and that are subsequently waived pursuant to Section 3 below("Permitted Encumbrances"). Section 2. Purchase Price (a) The purchase price ("Purchase Price") for the Property, payable by Buyer to Seller in cash at Closing (defined below), Forty-Eight Thousand Dollars. ;` , Section 3. Title Commitment and Survey. (a) Within t irty (30) days after the Effective Date, Buyer shall obtain, at Buyer's sole cost and expense 0) an Owner's Commitment for Title Insurance ("Title Commitment") from Alamo Title Company, Attn: Wilson Martin, 3500 Hulen Street, Fort Worth, Texas 76107, Telephone Number 817-731-8715 and Fax Number 817-377-2292 ("Title Company"), setting forth the status of the tale 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) Within ten (10) days after the Effective Date of this Contract, Seller shall provide to Buyer a copy of any survey of the Property in Seller's possession. Within forty-five (45) days after the Effective Date, Buyer may obtain, at Buyer's sole cost and expense, an updated survey ("Survey") consisting 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, 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 or Survey 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, Survey 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. (d) If Buyer gives notice of Objections and Seller does not cure the Objections, cause the Title Commitment and Survey 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 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, 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 environmental reports and studies in Seller's - 2 - possession concerning the Property ("Reports") that were conducted during or after the demolition of the former improvements on the Property. Section 5. Ins eclJ n of the Property (a) Buyer may enter the Property before closing to inspect the Property and conduct a Phase 1 Environmentall.i� (b) Buyer rnust notify Seller in advance of Buyer's plans to inspect the Property and conduct and tests so th t Seller may be present during such inspections or tests. 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 7 below). (b) If Buyer is not satisfied in Buyer's sole and absolute discretion as to the condition precedent described in Section 6(a) 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, and neither party shall have any further rights or obligations under this Contract. M The provisions of this Section 6 control all other provisions of this Contract. Section 7. Tests. 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 analyses, and other tests, studies and surveys, including without limitation, environmental tests, borings, analyses, and studies ("Tests). Any engineering and feasibility tests shall be conducted at Buyer's sole risk and expense, and Buyer agrees to indemnify and defend Seller and the Property from any liens and claims resulting from such tests. Buyer shall be solely responsible for all costs of any environmental site assessments Buyer deems necessary. The Property will be restored by Buyer to its original condition at Buyer' 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 8. Closing. (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: (1) a General Warranty Deed ("Deed"), fully executed and acknowledged by Seller, conveying to Buyer good and indefeasible fee - 3 - simple title to the Property subject only to the Permitted Encumbrances, with the precise form of the Deed to be determined pursuant to Section 10 below; (ii) Any other instrument or document necessary for Title Company to issue the Owner Policy in accordance with Section 8(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. (6) The City will conduct an environmental review of the Property and if an environmental hazard is found the City has the right to cancel this contract. (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 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 8(b) survive the Closing. (c) Upon completion of the Closing, Seller shall deliver possession of the Property to Buyer, free and clear of all tenancies of every kind. Section 9. 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. - 4 - Section 10. 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 11. 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 Sates 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 Real Property Services 1000 Throckmorton Street Fort Worth, Texas 76102 Attention: Jean Petr Telephone: 817-392-8367 (c) The address of Seller under this Contract is: John Barker 1229 Elaine Place Ft. Worth, TX 76108 (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 12. 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 - 5 - or at the Closing for any reason other than the termination of this Contract by Seller pursuant to a right so to terminate e pressly 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 13. Entire Contract. This Contract (including the attached exhibits) contains the entire contract betwee Seller and Buyer, and no oral statements or prior written matter not specifically incorporat;d 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 14. Assisns. 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 15. 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 February 1, 2007, this Contract shall be null and void. Section 16. Time of the Essence. Time is of the essence under this Contract. Section 17. 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 (1) 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 18. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. Section 19. 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 20. Venue. Venue of any action brought under this Contract shall be in Tarrant County, Texas if venue is legally proper in that county. Section 21. 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 22. 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 23. Counterparts. This Contract may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. - 6 - This Contract is executed as of the Effective Date. BUYER: CITY OF FORT WO H Kb IL By Marc A. Ott Assistant City Manager Date: 1 I I Attest t A thorM�& i.zation / Cor►t Marty Hendrix City Secretary Date Approved as to Legality and Form LLUW4?,a A ssistant City Attorn y SELLER: By: o—L 9 M Na e: John Barker Date: - T.D o 7 By its execution belo'�', Title Company agrees to perform its other duties pursuant to the provisi°ns of this Contriact. I TITLE COMPANY: By: Name: Title: Date: - 7 - Executed in multiple originals this, the day of , 2007. Seller (s): John Barker ( Seller ) THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purposes and consideration therein expressed. IVEN UNDER MY HAND AND SEAL OF OFFICE, this S day of . 2007. „Nlllll El OMMI SIOHALL �= MY COMMISSION EXPIRES 14� O*W 24,2010 Nota " Pu is for and in the State of Texas THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2007. Notary Public for and in the State of Texas PURCHASE CONTRACT BARKER2.DOC City of Fort Worth Marc A. Ott Assistant City Manager THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Marc A. Ott, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of cd , 2007. HETTIE LANE Notary Public for and in the State of Texas *; *` MY COMMISSION EXPIRES r July 26,2011 o npi�„ City of Fort Worth Marty Hendrix City Secretary THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Marty Hendrix, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purposes and consideration therein expressed. 'dt GI V EN UNDER MY HAND AND SEAL OF OFFICE, this � day of 1° �✓ 2007. SYLVIA D.GLOVER J"tj Tu—w = _ *E *= MY COMMISSION EXPIRES ,;.,,•.E+= September 19,2009 No'tar lf Public for and in the State of Texas •'•��i�"•• PURCHASE CONTRACT BARKER2.DOC EXHIBIT "A" Description of Property Lots 11 and 12, Block 41, W.A. Archer Addition to the City of Fort Worth, according to the plat recorded in Volume 63, Page 72, Plat Records, Tarrant County, Texas and with a street',address of 3010 Decatur Avenue, Fort Worth, Texas PURCHASE CONTRACT BARKER2.DOC i City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/14/2007 DATE: Tuesday, August '14, 2007 LOG NAME: 30DECATUR (2) REFERENCE NO.: **L-14362 SUBJECT: Acquisition of Two Vacant Residential Lots Located at 3010 Decatur Avenue, Lots 11 and 12, W.A. Archer Addition, Block 41, for the Lebow Channel Drainage Project (DOE 4623 Project 00084) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acquisition of two vacant residential lots located at 3010 Decatur Avenue, Lots 11 and 12, Block 41, W. A. Archer Addition, for the Lebow Channel Drainage Project; 2. Find that the price offered for both properties in the amount of$48,000, plus an estimated closing cost of $3,000, is just compensation; and 3. Authorize the acceptance and recording of appropriate instruments. DISCUSSION: In the 2004 Capital Improvement Program, funds were allocated for the Lebow Channel Drainage Improvement Project to alleviate flooding in multiple neighborhoods on the north side of Fort Worth. The City is currently acquiring properties for that project. The properties located at 3010 Decatur Avenue (Block 41 Lots 11 and 12) are respectively vacant residential lots that lie within the Lebow Channel floodway. The Department of Transportation and Public Works identified these properties as needed for the Lebow Channel Drainage Improvement Project. The real estate taxes on these properties will be pro-rated to the date of closing with the seller being responsible for any taxes due until the closing date. The City will pay closing and recording fees. It is estimated that the associated total closing costs will be $3,000.00. In addition to paying the just compensation amount as listed below, staff recommends that any weed liens filed by the city on the properties be released, up to a maximum of$2,000. Seller Address Legal Price Propeft John Barker 3010 Decatur Ave Lots 11 & 12 $48,000 Vacant Block 41 Residential W.A.Archer Addition Total Just Compensation Amount $48,000 Estimated Tax and Closing Cost 3,000 Total Estimated Cost $51,000 The property is located in COUNCIL DISTRICT 2, Mapsco 62H. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current Capital Budget, as appropriated, of the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C200 541100 202280008441 $51,000.00 Submitted for City Manager's Office by: Marc A. Ott (8476) Originating Department Head: A. Douglas Rademaker(6157) Additional Information Contact: Laura B Chavez (2311)