HomeMy WebLinkAboutContract 42809-A1 CITY SECRETARY �QOCf-
CONTRACT NO.
FIRST AMENDMENT TO CONTRACT FOR SALE AND PURCHASE
OF UNIMPROVED REAL PROPERTY
THIS FIRST AMENDMENT TO CONTRACT FOR SALE AND PURCHASE OF
UNIMPROVED REAL PROPERTY (the "Amendment") is entered into by and between SK
HIGHLAND MEADOWS, L.P., a Texas limited partnership (the "Seller"), and THE CITY OF
FORT WORTH, TEXAS a Home-Rule Municipality duly organized and operating under the
Constitution and the laws of the State of Texas(the"Purchaser").
WITNESSETH :
WHEREAS, Seller and Purchaser entered into that certain Contract for Sale and
Purchaser of Unimproved real Property dated effective January 20, 2012 (the "Contract"),
providing for the sale by Seller to Purchaser of approximately 75.732 acres of land located in
Fort Worth, Tarrant County, Texas (the "Property") being more particularly described in the
Contract; and
WHEREAS, Seller and Purchaser desire to amend the Contract as hereinafter set forth.
NOW, THEREFORE, based on these facts and in consideration of the mutual benefits to
be obtained by this Amendment, Seller and Purchaser agree as follows:
l. Amending Provisions. The Contract is hereby amended as follows:
(a) Paragraph 1 shall be amended to provide that the Purchase Price shall be FOUR
MILLION, NINE HUNDRED EIGHTY-TWO THOUSAND AND NO/100 DOLLARS
($4,982,000.00).
(b) The date "January 26, 2012" appears in the Contract in four (4) places [twice in
Paragraph 6(a) and twice in Paragraph 6(b)]. Such date is hereby replaced in each instance with
the date "February 10, 2012."
(c) Paragraph 6(a) is amended to provide that Seller waives the indemnity
requirements with respect to Enercon Services, Inc., one of Purchaser's Contractors.
(d) There are no other amendments.
2. Consequence of Amendment. Nothing in this Amendment affects or modifies any
of the provisions of the Contract, except as expressly provided herein. The Contract, as amended
by this Amendment, will continue in full force and effect and is ratified and affirmed by Seller
and Purchaser as if originally written as herein amended.
3. Miscellaneous.
(a) The section headings contained in this Amendment are for convenience of
reference only and are not intended to delineate or limit the meaning of any provision of this
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Amendment or to be considered in construing or interpreting the provisions of this Amendment.
Capitalized terms used in this Amendment which are not otherwise defined herein shall have the
same meaning as given to them in the Contract.
(b) This Amendment may be executed in any number of counterparts, separately or
together, by Seller and Purchaser. If counterparts hereof are executed separately by Purchaser
and Seller, when taken together, same will constitute one (1) original. If the same counterparts
are executed by Purchaser and Seller, then each such counterpart shall constitute an original.
Seller and/or Purchaser may execute and deliver this Amendment by telephone facsimile
transmission or other means of electronic transmission (e-mail), and the receiving party may rely
fully thereon as an original.
(c) This Amendment embodies the entire agreement and understanding between
Purchaser and Seller with respect to its subject matter and supersedes all prior agreements and
understandings, written or oral, between Purchaser and Seller related to that subject matter, This
Amendment may be amended, waived or discharged only by an instrument in writing executed
by the party against which enforcement of the amendment, waiver or discharge is sought.
(d) The determination that any provision of this Amendment is invalid or
unenforceable will not affect the validity or enforceability of the remaining provisions or of that
provision under other circumstances. In the event of any determination of invalidity or
unenforceability, this Amendment will be construed as if the invalid or unenforceable provision
were not included in this Amendment.
EXECUTED as of(although not necessarily on) the 26th day of January 2012.
PURCHASER:
THE CITY OF FORT WORTH,
a Home-Rule Municipality duly
organized and operating under the
Constitution and laws of the State of Texas
By:
Fernando Costa, Assistant City Manager
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City Secr� a o° 0 o° a° d
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Approved as to Form and Legality:
contract huthorizatiOs
pate
Assistant City Attorney OFFICIAL RECORD
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J\DOCS\6 Clients\6060-Kim Gill\023D-Sale to City of Ft Worth\Ist Amend to Contract v4.012612(SSFN)doc FT.WORTH,TX
SELLER:
SK HIGHLAND MEADOWS, L.P.,
a Texas limited partnership
BY: 5409 MIRAMAR,LLC,
a Texas limited liability company,
its sole General Partner
By: _
Kim dill, Sole Managing Member
Page 3 of 3
J:\DOCS\6 Clients\6060-Kim Gill\023D-Sale to City of Ft.Worthllst Amend to Contract.v4.0l2612(SSFN).doc
City of Fort Worth, Texas
Mayor and Council Communication
a,
1. rysC'0 NC ACTION ,Approved on 12/13/2011 Ordinance , o ''20027-12
DATE: Tuesday, December 13, 2011 REFERENCE NO.: L-15298
LOG NAME: 06NORTHSIDE SERVICE CENTER
SUBJECT:
Adopt Supplemental Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the
Solid Waste Fund in the Amount of$4,784,000.00 and Decreasing the Unaudited, Unreserved,
Undesignated Solid Waste Fund Balance by the Same Amount and Authorize the Acquisition of a 75.732
Acre Tract of Land Located at the Northeast Corner of United States Highway 287 and Bonds Ranch Road,
Fort Worth, Texas, from SK Highland Meadows, LP, to Be Developed as a Future City Service Center for
Various City Departments for$5,200,000.00, Including Estimated Closing and Land Grading Costs
(COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriations in the Solid Waste Fund by $4,784,000.00 and decreasing the unaudited, unreserved,
undesignated Solid Waste Fund balance by the same amount;
2. Authorize the payment of$416,000.00 from the Stormwater Utility Fund;
3. Authorize the acquisition of a 75.732 acre tract of land located at the northeast corner of U.S. 287 and
Bonds Ranch Road, Fort Worth, Texas, from SK Highland Meadows, LP, to be developed as a future City
service center for various City departments for$5,200,000.00, including estimated closing and land grading
costs; and
4. Authorize the City Manager, or his designee, to execute and record the appropriate instruments
conveying the property to complete the sale.
DISCUSSION:
Staff recommends acquiring the 75.732 acre tract of land from SK Highland Meadows, LP, to be developed
as a future City Service Center that will house various City departments to better serve the growth areas of
north Fort Worth. Multiple City departments have expressed an interest in eventually having a presence at
this site once future funding materializes. In the meantime, the Code Compliance Solid Waste
Services Division and Transportation and Public Works Stormwater Division have funding available
now for land acquisition and facility construction to house their respective operations. A site plan is
currently being developed so that the initial facilities constructed by Solid Waste and Stormwater
are compatible with the future build out of the City Service Center.
In order to maximize economies of scale and minimize redundancy of City facilities, the acquisition of this
site at U.S. 287 and Bonds Ranch Road is in line with the philosophy of ensuring that City facilities are
co-located when feasible. The tract of land is centrally located in north Fort Worth about five miles north
Logname: 06NORTHSIDE SERVICE CENTER Page 1 of 3
of Loop 820 and approximately two miles west of Interstate 35W and is within the Fort Worth City Limits.
The total purchase price of the property is $4,970,000.00. Estimated closing and land grading costs will be
additional $230,000.00, bringing the total acquisition cost to $5,200,000.00.
The current zoning of this property is "I" and will need to be rezoned as a "PDSU" as a result of a new
drop off center to be constructed by Code Compliance Solid Waste Services Division. As part of the
purchase Agreement, SK Highland Meadows, LP, will be required to rezone the property to "PDSU",
obtain preliminary and final plats on the 75.732 acre tract, and enter into a Community Facilities
Agreement to construct various infrastructure improvements including street connections to Bonds
Ranch Road and FM 156, installation of street lights along the newly constructed streets, grading
improvements, a twelve-inch water line, and a ten-inch sewer line. The total purchase price of
$4,970,000.00 for the property includes the land cost based on the City appraisal, the infrastructure
improvements described above, rezoning and platting the property, and obtaining the necessary
permits from TxDOT to enable access to FM 156 - a state roadway facility.
Estimated
Closing Ani
Land Gradil
Legal Description Price Costs
75.732 Acre Tract of Land located at the
northeast corner of U.S. 287 and Bonds
Ranch Road
Henry Robertson Survey, Abstract 1259, A
portion of a certain tract of land as described
in deed to Edwin Greines Cohen, recorded in $4,970,000.00 $ 230,000.
Volume 11447, Page 1698, Deed Records
TOTAL $ 5,200,000.
This property is located in COUNCIL DISTRICT 7, Mapsco 20P.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached supplemental appropriation ordinance, funds will be available in the current
operating budget, as appropriated, of the Solid Waste Fund and the Stormwater Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
PE64 541100 0239901 $4,784,000.00 PE69 541100 0209000 $416,000.00
PE64 541100 0239901 $4,784,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Logname: 06NORTHSIDE SERVICE CENTER Page 2 of 3
Mark Rauscher (2446)
Additional Information Contact: Cynthia Garcia (8187)
ATTACHMENTS
1. 06NORTHSIDE SERVICE CENTER AO12A.doc (Public)
2. North Service Center Location Boundary 09 28 11.ppt (Public)
3. Northside Service Center M&C Revisions 12 01 11.doc (CFW Internal)
4. PE64 and PE69 Available Cash.xls (CFW Internal)
5. PE64-538070-0239901.doc (CFW Internal)
6. PE69-538070-0209000.doc (CFW Internal)
7. Property description recd Kim Gill 11 22 11.doc (Public)
Logname: 06NORTHSIDE SERVICE CENTER Page 3 of 3