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HomeMy WebLinkAboutContract 41345-A2 (2)CM SECRETARY' CONTRACT Nu _q lag SECOND AMENDMENT TO CONTRACT OF SALE AND PURCHASE (Sale by the City of Fort Worth) THIS SECOND AMENDMENT TO THE CONTRACT OF SALE AND PURCHASE ("Amendment"), is made and entered into by and between the CITY OF FORT WORTH, TEXAS, a Texas home rule municipal corporation, acting by and through its duly authorized City Manager or Assistant City Manager ("Seller") and North Texas Area Community Health Centers, Inc. ("Purchaser") as of April 6, 2011 ("Effective Date"). RECITALS WHEREAS, Seller and Purchaser entered into a Contract of Sale and Purchase dated January 11, 2011 (City Secretary Contract No. 41345) ("Contract") for the Property, as defined in the Contract and commonly known as 2909 Mitchell Boulevard, Fort Worth, Texas; WHEREAS, Seller and Purchaser entered into an amendment to the Contract effective January 31, 2011 (City Secretary Contract No. 41345-A1) ("First Amendment") to provide that Purchaser shall be responsible for all taxes relating to the Property and to acknowledge the change of name of the Purchaser from Fort Worth Northside Community Health Centers, Inc. to North Texas Area Community Health Centers, Inc.; WHEREAS, Seller and Purchaser desire to amend the Contract to correct the Recitals of the Contract, which should be a recitation of the facts surrounding the Contract, and said Recitals in the Contract to better reflect the agreement of the parties; NOW THEREFORE, in consideration of the promises contained herein and in the Contract, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Purchaser and Seller agree as follows: 1. Purchase and Seller hereby agree to amend the fourth recital as follows, : "4. Seller has conditionally committed to provide Community Development Block Grant funds from the U.S. Department of Housing and Urban Development which are contingent on completion of requirements under 24 CFR Part 58. Purchaser shall ensure that the Facility meets the CDBG national objective of benefitting low and moderate (L/M) income persons." 2. Except as modified by the First Amendment and this Second Amendment, all of the terms and conditions of the Contract are ratified and remain in full force and effect. To the extent the provisions of this Second Amendment are inconsistent with the Contract, other than the amendment of the above -reference recital, the terms of this Amendment shall control. All terms used but not defined herein shall have the meanings ascribed to such terms in the Contract. 0 olr�1019�k RECORA wn UUU4KY rt WQRYH, TX _ rs a 2 f EXECUTED as of the 15h day of April, 2011. ,nt°°° oop$ a 0004 coop cs o.4O jzriPe l _ y 4c„4 T'0 Dhv SELLER: CITY OF FORT WORTH, TEXAS B str— $sa Alanis Assistant City Manager Attest r By: Marty Hendrix City Secretary ,..,sarax..........,,.....,.,.n.......t..„.. N•,� U I R. Ti .;z Approved as to Legality and Form V'V t41t4. Assistant City Attorne PURCHASER: North Texas Community Health Centers, Inc., a Texas Nonprofit Corporation By: Name: Title: vgif OFFICIAL RECORD CITY SECRETARY IFT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/16/2010 - Res. No. 3932-11-2010 DATE* Tuesday, November 16, 2010 REFERENCE NO.: **L-15099 LOG NAME: 172909MITCHELLBLVD ,SUBJECT. Authorize the Direct Sale of City Owned Commercial Property Located at 2909 Mitchell Boulevard to the Fort Worth Northside Community Health Center, Inc , in the Amount of $67,600.00 and Adopt a Resolution Stating the Conditions of the Conveyance and the Public Purpose to be Achieved (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1. Approve the direct sale of City owned commercial property comprised of Lots N, 0, P, Q, & R, Block 8 of the Wesleyan Hills Addition at 2909 Mitchell Boulevard to the Fort Worth Northside Community Health Center, Inc , for the development of a community health center in accordance with Local Government Code Section 272.001(0 in the amount of $67,600.00 2. Authorize the appropriate City representatives to execute the documents necessary to complete the sale of the property; and 3. Adopt a resolution stating the conditions of the conveyance and the public purpose to be achieved, in accordance with Texas Local Government Code Section 272.001(i) DISCUSSION: On March 6, 2007, City Council approved M&C G-15622 authorizing the acceptance of real property assets, including 2909 Mitchell Boulevard located m the Mitchell Boulevard Model Blocks Area from Mitchell Boulevard Development Corporation (MBDC) The property was purchased using City —awarded Community Development Block Grant funds, as part of the Model Blocks Neighborhood Revitahzation Program, to the MBDC to implement the revitalization strategy The property includes a vacant 6,000 square foot commercial building. The City has received a request to sell the vacant commercial property to the Fort Worth Northside Community Health Center, Inc., for the development of a community health center to provide a benefit to the low and moderate income persons in the area Staff has had the property appraised and the value of the property is $67,600.00. The City will retain the mineral interest it may own on this property. In addition, the Fort Worth Northside Community Health Center, Inc , is reponsible for all closing costs, including taxes owed, if any. This project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION: The Financial Management Services Director certifies that the Housing and Economic Development Department is responsible for the collection and deposit of funds due to the City. FUND CENTERS: TO Fund/Account/Centers GR91 451685 017206066000 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. 172909 Michell Boulevard Resolution.doc $67.600.00 FROM Fund/Account/Centers Susan Alanis (8180) Jay Chapa (5804) Fabiola Y Suarez (6811) Cynthia Garcia (8187)