HomeMy WebLinkAboutResolution Fort Worth Local Development Corporation (FWLDC) FWLDC-2019-03RESOLUTION
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Authorizing an Amendment to Resolution F LDC-08-2018 to Authorize the Sale of
the Blue Mound Road Industrial Complex
to Affiliates of ClIff Industries, Inc. and Anchor Fabrication, LLC
WHEREAS, the Fort Worth Local Development Corporation ("Corporation") is the owner of an
approximately 50.4 acre industrial complex with addresses of 4600 Blue Mound Road, Fort Worth,
Texas ("4600 Blue Mound"), 4700 Blue Mound Road, Fort Worth, Texas ("4700 Blue Mound"),
1035 Meacham Boulevard, Fort Worth, Texas ("1035 Meacham"), 1381 Meacham Boulevard,
Fort Worth, Texas ("1381 Meacham"), and 1401 Meacham Boulevard, Fort Worth, Texas ("1401
Meacham"), all as more particularly described on Exhibit A attached hereto (collectively, the
"Property");
WHEREAS, on September 25, 2018, the Board of Trustee's for the Corporation approved a
resolution (Resolution FWLDC-08-2018 authorizing the sale of the Property to the Corporation's
tenants, CHM Industries, Inc. ("CHM") and Anchor Fabrication, Inc. ("Anchor");
WHEREAS, the Corporation has been asked by Anchor to allow an affiliate of Anchor, which is
a different legal entity under the same or similar control as Anchor, to purchase the property, and
the Corporation agrees to allow the sale to an affiliate of Anchor, and also to an affiliate of CHM
should CHM so choose;
NOW, THEREFORE, BE IT RESOLVED that, Resolution FWLDC-08-2018, attachedhereto,
is hereby amended to add the following language:
"FURTHER RESOLVED that the CHM Sale Properties may be conveyed by the
Corporation to CHM or an affiliate of CHM, and the Anchor Sale Properties may be
conveyed by the Corporation to Anchor or an affiliate of Anchor."
FURTHER RESOLVED, that the Secretary or any Assistant Secretary of the Corporation is
hereby authorized and directed to certify the adoption of this Resolution.
Adopted this 18t' day of June, 2019.
By:
Mary J. Kayse , orporal Secretary
RESOLUTION NO. FWLDC-08-2018
FORT WORTH LOCAL DEVELOPMENT CORPORATION
RESOLUTION
OF THE BOARD OF TRUSTEES
Authorizing the Sale of the Blue Mound Road Industrial Complex
to CHMIndustries, Inc. and Anchor Fabrication, LLC
for a Combined Amount of Not Less Than $11.0 Million
WHEREAS, the Fort Worth Local Development Corporation ("Corporation") is the owner of an
approximately 50.4 acre industrial complex with addresses of 4600 Blue Mound Road, Fort Worth,
Texas ("4600 Blue Mound"), 4700 Blue Mound Road, Fort Worth, Texas ("4700 Blue Mound"),
1035 Meacham Boulevard, Fort Worth, Texas ("1035 Meacham"), 1381 Meacham Boulevard,
Fort Worth, Texas ("1381 Meacham"), and 1401 Meacham Boulevard, Fort Worth, Texas ("1401
Meacham"), all as more particularly described on Exhibit A attached hereto (collectively, the
"Property");
WHEREAS, prior to ownership by Corporation, the Property was purchased and improved with
the proceeds of industrial revenue bonds issued by the Fort Worth Industrial Development, Inc., a
non-profit corporation established by the Fort Worth Chamber of Commerce in 1966 ("FWID"),
for the purpose of inducing the Fruehauf Trailer Corporation to locate a trailer manufacturing plant
on the property;
WHEREAS, FWID held title to the property and leased the Property and improvements to
Fruehauf, with the lease payments being used to pay off the bonds; in order to make interest on
the bonds tax-exempt under the laws at the time, the bond indenture provided that the Property
would be transferred to the City of Fort Worth upon payment of the bond debt; the bonds were
retired in 1996 and property was conveyed to the City of Fort Worth, who subsequently conveyed
the Property to the Corporation for liability and other reasons in July 1999;
WHEREAS, all buildings on the Property are fully leased, and 5.8 acres of vacant land not under
lease;
WHEREAS, CHM Industries, Inc. ("CHM"), the tenant of 4700 Blue Mound, executed a lease
with Corporation on June 23, 2016, which lease contained an option to purchase 4700 Blue Mound
Road, as approved by Corporation in Resolution No. FWLDC-2016-04, and CHM has executed
its option to purchase;
WHEREAS, CHM has also offered to purchase 1035 Meacham and 1381 Meacham, currently
leased by A&R Logistics, Inc., and a portion of 4600 Blue Mound Road currently leased by
Integerys Transportation Fuels LLC dba Trillium CNG ("Trillium") (collectively, Trillium's
portion of 4600 Blue Mound Road, 1035 Meacham, and 1381 Meacham are referred to herein as
the "CHM Sale Properties"); and
WHEREAS, Anchor Fabrication, Inc. ("Anchor") executed a lease with the Corporation effective
December 4, 2015 and has offered to purchase their leased portion of 4600 Blue Mound, and 1401
Meacham, currently leased by L&W Supply Corporation (collectively, Anchor's portion of 4600
Blue Mound and 1401 Meacham are referred to herein as the "Anchor Sale Properties").
RESOLUTION NO. FWLDC-08-2018
PAGE 2
NOW, THEREFORE, BE IT RESOLVED that, the sale of the CHM Sale Properties by
Corporation to CHM in an approximate amount of $4,300,000.00 is hereby authorized;
FURTHER RESOLVED that, the sale of the Anchor Sale Properties by Corporation to Anchor
in an approximate amount of $6,820,000.00 is hereby authorized;
FURTHER RESOLVED that notwithstanding the approximate sales prices set forth herein, in
no event shall the total sales price for the Property be less than $11,000,000.00;
FURTHER RESOLVED that Corporation shall retain the mineral rights in all Property to the
extent the Corporation owns the mineral rights;
FURTHER RESOLVED, that the leases with Trillium and A&R Logistics, Inc. be assigned to
CHM effective upon the closing of the transfer of the CHM Sale Properties to CHM;
FURTHER RESOLVED, that the lease with L&W Supply Corporation be assigned to Anchor
effective upon the closing of the transfer of the Anchor Sale Properties to Anchor;
FURTHER RESOLVED, that any incidental closing costs or costs for closing contingencies for
the two sales are hereby authorized in a total amount not to exceed $575,000.00;
FURTHER RESOLVED, that the agreement with Texas Commercial Management for property
management of the Property be terminated effective on or before the date of the closing of the
transfer of the CHM Sale Properties to CHM and the Anchor Sale Properties to Anchor;
FURTHER RESOLVED, that any authorized signatory for the Corporation is authorized to
execute any and all documents on behalf of the Corporation that are necessary to effect (i) the sale
of the CHM Sale Properties and the Anchor Sale Properties, (ii) the closing contingencies, and
(iii) all other actions authorized by this Resolution; and
FURTHER RESOLVED, that the Secretary or any Assistant Secretary of the Corporation is
hereby authorized and directed to certify the adoption of this Resolution.
Adopted this 25th day of September, 2018.
By:
Secretary