HomeMy WebLinkAboutContract 29799 I 1 Y SECRETARY
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CONTRACT NO 7179
COUNTY OF rI"A NT
STATE OF TEXAS §
OPTION 'Y PURCHASE AND PURCHASE AGREEMENT
r1*1 20t 2004
THIS OPTION to Purchase ("Option"), dated is between the
City offort Worth, a home rule municipality, ("Seller"), acting through Ma,rc A. Ott its duly
authorized Assistant City Manager d C_. ("Purchaser""').
E ,AS Seller is, the owner of prolperty with. 5000 feet of Labe Worth; and
WHEREAS Section 272.001 of the Texas Local Government Cocas Subsection (h),
provides that a municipality with a population of 575,000 or liens, and owning 1. d within 5
feet of the shoreline of a lade may sell the land to the person leasing the lad for the fair market
va-luc of the land without the solicitation of ids; and
w.
WHER AS Purchaser leases property from. Seller,er, c roperty more particularly
described � t attached. hereto and incorporated herein by reference ("the Property")-
and
WHEREAS, Purchaser desires to purchase the Property ro ieller and desires to, obtain
all option to purchase the P erty and
WHEREAS the City Council the City of Fort Worth has adopted a policy in which the
property surrounding Lahr Worth can only be sold when It is con-neeted to the City of Fort Wart
water:or sewer system or when it i,s connected to a municipal water or sewer,systems-_and
WHEREAS, it is anticipated that it may take up to 10 years for the Property to be
eom ected to t ie City"of Fort Werth water or sewer system..
NOW THEREFORE, the parties agree as follows.
I.
Grant of Option
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OPTION"1"0, PURCHASE AND PURCHASE AG ZE MENT
Draft June 6.
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For the consideration expressed in Paragraph 4 of this Contract, Seller hereby grants Purchaser,
its successors and assigns the exclusive right to purchase the Property subject to the tenns, set
forth in this Agreement.
2.
Ter" Termination
A. So long as this Option 'Agreement,fibs not ternti nated under Section 2.B., this Option shall
expire on October 31, 2013, or one year after Purchaser receives a "Sewer Connection
Notice" as defined in Paragraph 6, or one year after Purchaser gives a "Purchaser's Notice"
as defined iri Paragraph 6, why cheveris soo�ner.
IF PURCHASER DOES NOT RECEIVE A SEWER CONNECTION NOTICE AND,
HAS NOT GIVEN SELLER A PURCHASER'S NOTICE BY MAY 31, 2013,
PURCHASER MUST EXERCISE HIS OPTION TO PURCHASE THE PROPERTY
BY JUNE 301 2013. IF PURCHASER FAILS TO PURCHASE THE PROPERTY BY
JUNE 30, 2013, THIS OPTION SHALL AUTOMATICALLY TERMINA":UE AND
PURCHASER SHALL NOT HAVE ANY RECOURSE AGAINST SELLER AND
PURCHASER SHALL NOT BE ENTITLED TO ANY DAMAGES AGAINST
SELLER.
IF PURCHASER RECEIVES A SEWER CONNECTION NOTICE OR GIVES,
SELLER A PURCHASEWS NOTICE, PURCHASER MUST SATISFY ALL OF
THE CONDITIONS SET FORTH IN PARAGRAPH 3 AND COMPLETE THE
PURCHASE OF THE PROPERTY WITHIN ONE YEAR OF RE CEIVING THE
SEWER CONNECTION NOTICE OR GIVING PURCHASER'S NOTICE. IF'
PURCHASER FAILS TO SATISFY ALL OF THE CONDITIONS IN PARAGRAPH
3 AND FAILS TO COMPLETE THE PURCHASE, OF THE PROPERTY WITHIN
ONE YEAR OF RECEIVING THE SEWER CONNECTION NOTICE OR GIVING
PURCHASER'S NOTICE, THIS OPTION SHALL AUTOMATICALLY
TERMINATE AND PURCHASER SHALL NOT HAVE ANY RECOURSE
AGAINST SELLER AND PURCHASER SHALL NOT' BE ENTITLED TO ANY
DAMAGES AGAINST SELLER.
B. If the Purchaser's Lease on the Property is terminated as, provided under the terms of
the Lease Agreement, this Option shall automatically term*nate and the Option
Fee
shall not he refunded. If this Option s terminated under this section, Purchaser shall
Page 2 of 25
ION' P CHASE AND PURCHASE AGREEMENT
TO
ft`ft June 6;,"20
not have any recourse against Seller and Purchaser shall not be entitled to arty damages
against Seller.
3.
Conditions, Necessary to Exercise
A. If Purchaser receives a Sewer Corm n Notice or gives Purchaser's Notice prior to
September 30, 2013 and desires to exercise Purchaser's option. to purchase the Property,
Purchaser must satisfy all the following Bond ittions':
(1) ift],ile system available for colimection is, a City of Fort Worth Sewer System or Seller
sends a "'Sewer Design Notice" to Purchaser, a Tap Fee and Impact vee associated
with connecting the Property to the City of Fort Worth Sewer System must be paid in
full. The actual arnount of the Tap Fee atid the Impact Fee will be the amount set and
approved by the Fort Worth City Council at the time the Option is exercised;
(2) the Property must be connected to either the City of Fort Worth water system, or the
City of Fort Worth sewer system, a municipal water system or a municipal sewer
system,
(3) all taxes on the Property are current and not in a delinquent status;
(4) all payments or money due to the City of Fort Worth must be current and not in a
delinquent status,, "payments" and "m ey due"' includes, 'but is not limited to lease
payments, garbage fees and.water and sewer fees;
(5) all. the liens on the Property securing any indebtedness to Seller must be paid and
released;
(6) the Property has, been platted by the City of Fort Worth since 1990 and Purchaser has
accepted the description of the Property as shown on the most recent recorded plat
filed by the City of Fort Worth; and
(7) the Property is not served,by a septic tank or a drainage field off the Property.
B. In. order to exercise Purchaser's Option to purchase, the Property, Purchaser must satisfy or be
in compliance with the co�nditions set forth in Paragraph 3 A. above, within one year of
receiving a Sewer Connection Notice from Seller or sending a Purchaser Notice to
OPTION TO I-IURCHASE A.ND PURCHASE AGREEMENT Pa, 3
Draft June 6, 2003
4.
Option Fee
In consideration of the granting of this Option, Purchaser shall pay Seller five hundred dollars
within ninety days from the date this Option is sent to Purchaser by certified mail. The failure of
Purchaser to pay the option fee by the date designated shall cause, this agreement to immediately
terniinate.
5.
Purchase Price of the Property
A. In consideration of the payment of the option fee, in order to purchase the
Property, the Purchase price shall be the fair market value of the Property as
determined by an independent appraiser
B. The year 2000 is the base year to deterii-iine the fair mark-et value. The valuation
from 2001 through 20,13 shall increase at a compounded rate of 2% per year as
shown on Exhibit"B".
C. Fair market value of the Property for the base year as detemlined by an
independent appraiser is as follows:
Any land above -the 601' contour line will be sold for $.615 pier square foot.
A-ny land below the 601' contour line and above the 594' contour line will
be sold for $35 per square foot. The contour lines will be based upon a
plat filed by the City of Fort Worth as recorded in the Tarrant County
Deed Records.
D. The Option fee will be credited towards the purchase price.
6.
Sewer Connection
A. Seller shall give Purchaser written notice of its intent ("Sewer Design Notice") to
begin the design of the sewer system that will serve the, Property. In such Sewer
zn
Design Notice, Seller shall give Purchaser the opportunity to meet with the City of
Fort Worth staff to review the location where the sewer system connection will be
located.
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""A URCHASE AND PURCHASE AGREEMENT
PTA*tO
Page 4 of 25
Draft Juare 6, 003
1-1111,................
B. Once, the Property can be comiected to the City of Fort Worth-or municipal_sewer
,system,, Seller shall send Purchaser written notice ("Sewer Comiection Notice")
specifying that it is the Sewer Connection Notice provided for in this ageement,,
the date of such notice and that the City of Fort Worth or municipal sewer system
is available for Purchaser's connection.
o a City of Fort Worth water system, a
C. Once the propey oi mected t rt can be or is c
municipal water system or to a municipal sewer system supplied by a municipality
other than the City of Fort Worth, Purchaser may send Seller written notice
(Purchaser's Notice), specifying that it is the Purchaser's Notice provided for in
this agreernent, the date of such notice, the,water or sewer systenithat the property
is, or can be connected to, and the municipality providing the, water or sewer
system that is available for 'Purchaser's comiection or to which Purchaser had
previously connected. If Purchaser's septic system incorporates a septic tarp or
drainage field that is not located on the Property, Purchaser car mot send Seller a
Purchaser's Notice unless, the property is comiected to a City of Fort Worth or
municipal sewer system.
D. Sewer connection will be made to either a gravity ci,ty sewer (Type 1&2) or a low-
pressure city sewer (Type 3) as shown on Exhibit "D". Type 1&2 gravity
cortnections, will be provided at the property line by the City,. Purchaser will be
responsible for installation of all plumbing from the house to the tap at the
property line and abandonment of existing septic tanks in accordance with the
City plumbing code.
Type 3 sewer cormections to a. low-pressure system will be provided to the point
of the grinder pump installation. The City will maintain the grinder pump and all
plumbing mtween the grinder pump and th.e City n-min as part of the City sewer
system. The Purchaser agrees to grant 'the City an casement in order to maintain
the Grinder Pump system. Purchaser agrees to pay an additional fee for the
maintenance of the Grinder Pump after the 5-year factory Warr arity on grinder
pump expires. The Purchaser must install the necessary electrical connection, and
plumbing f"rom the house to the grinder pump location ("Purchaser
hivrovements") concurrent with the grinder pump installation by the City.
Within 1.80 days of the grinder pump being installed, Purchaser shall abandon, the
existing, septic tank.(,$).
The grinder purnp will not be installed until the Purchaser Improvements have
been completed and approved by the City of Fort Worth. All private
plun,-ibing/elect-rical improvements must meet applicable City of Fort Worth codes.
The Seller will, pay for the grinder pump and th.c installation of the grinder pump
if Purchaser ni.akes all of Purchaser Improvements within one year of the Sewer
OPTION TO PURCHASE AND PURCHASE AGREEMENT' �� � "
ft
2003
Dra hine 6,
lit
Connection Notice. PURCHASER ACKNOWLEDGES AND AGREES THAT
LF THE PURCHASER DOES NOT MAKE THE PRIVATE IMPROVEMENTS
WITHIN ONE YEAR OF THE SEWER CONNECTION NOTICE, THE
SELLER SHALL NOT PAY FOR THE GRINDER PUMP OR PAY FOR THE
INSTALLATION.
E. Purchaser shall corinect the Property to the sewer system and abandon all septic,
systems on the property within one year of receiving the Sewer Connection
Notice. All costs of the installation and connection to the sewer system and the
abandomi'ient of the septic system shall be paid by Purchaser as outlined above in
section 6D.
7.
Closing
A. The closing of this transaction shall take place at the offices of a Title Company in
Tarrant County at the earlier of:
1. Within one year of the date in which Seller sends the Sewer Connection
Notice to Purchaser a. d Purchaser has satisfied all of the conditions, set
forth in Paragraph 3. In order to close, Purchaser must have satisfied all of
the conditions set forth in Paragraph 3 "Conditions, Necessary to Exercise"
within one year of the Sewer Cormection Notice being sent by Seller to
Purchaser; or
2. Within one year of the date in which Purchaser sends Purchaser"s Notice
to Seller and Purchaser has satisfied all, of the conditions set forth in
Paragraph 3. In order to close, Purchaser must have satisfied all of the
conditions set forth in Paragraph 3 "'Conditions, Necessary to Exercise"'
within, one year of the Purchaser's Notice beinc, sent by Purchaser to
Seller- or
3. By October 31, 2013 if Seller does not send a Sewer Connection Notice to
Purchaser by September 30, 2013 and Purchaser does not send a
Purchaser's Notice to S el ler prior to September 3o 2013 3
B. The Title Company will be selected by Ptirchaser.
............
'EEMENT
TOJ C ASE AND PURCHASE AGR,
Page 6 of 25'
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At Closing the fbIlowing shall occur, each of which shall be a concurrent
condition to the Closing:
Seller shall deliver to Purchaser a duly executed and aclo-iowledged deed
in a form sufficient to convey title to the Property to Purchaser, and the
deed shall include an avigation easement and an easement for Purchaser's
in the form attached hereto as ExhlbIt"C"
use of the lake, n
2. Purchaser shall pay to Seller the Purchase Price by cashier check or wire
transfer to a bank account of which Seller has notified Purchaser at least
-1
twenty-fo�ur hours prior to closin ; and.
91
3. Purchaser shall pay to Seller the Tap and Impact Fees required under
Paragraph 3 and associated with connecting the Property to the City of
Fort Worth Sewer System by cashier check or wire transfer to a bank
account of which Seller lias notified Purchaser at least twenty-four hours,
prior to closing.
8.
Costs
All closing costs, costs for a title policy and, any other cost accrued or charged relating to the
closing of this transaction shall be paid by Purchaser.
9.
Termination
A. If Purcliaser fails to satisfy tl-i,e conditions necessary to exercise the Option and
exercise this Option Agreement within the time frame specified in this agreement,
then the Option and the rights contained in this Agreement shall automatically and
immediately tern-i.inate without notice to Purchaser. Purchasei'- acknowledges and
agrees that Seller will execute and record such documents as it deems necessary to
demonstrate such ten-ninatioln of this Agreement.
B., If Purchaser fails, to accept Seller's plat as required in Section 3(6), then the
Option and the rights contained in this Agreement shall automatically and
Immediately terminate. Purchaser acknowledges and agrees that Seller will record
such documents as it deems, necessary to demonstrate such termination of this
Agreement,
...........................
OPTION TO PURCHASE)kND.PURCHASE AGREEMENT P '',
P
Draft June 6,200!3
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C. In the event that a taking or condemnation of the Leased Premises is sought by the
City of Fort Worth and/or the Texas Department of Trans portati.on, in w1iole or in
part, this Option shall immediately terminate and t1ae option fee will be refunded.
D. So tong as Purchaser's Lease is not terminated under the provisions of the Lease,
Seller acknowledges that Purchaser's, lease shall continue in full force and effect
for the term of the Lease, and that the terni.s and provisi.on of this Option do, not
modify, amend or in any manner affect the Lease or ten-s thereof Purchaser
aebuiowl edges and agrees, that in the event this Option tem-linates, Seller shall
have the right to sell the Property, subject to all ten-s and Provision of
Purchaser's Lease, in any manner allowed under law.
10.
Assignment of Option
A. Purchaser nia'y assign the Option and its rights under this Option Agreement on
the condition, that:
I Assignee assumes all of the Purchaser's obligations under this Agreement
in writing';
2,. he Assigru-nent is in conjUnCtIon with an Assigimient of -the Lease
Agreement covering the property; and
I The Assigim-ient of the Lease Agreement is in accordance with the
procedure and requirements provided in the Lease Agreement.
B. Any assignment tliat does, not satisfy all of the above conditions is null and void.
1.1.
Notices
Unless otherwise provided herein, any notice, tender or delivery to be given hereunder by either
party to the other may be effected by personal delivery in writing or by certified mail, postage
prepaid, return receipt requested, and shall be deenied received, as of actual receipt. Mailed
notices shall be addressed as set forth below, but each, party may change his, or her address by
—tier. n,otic with this Parauraph:
M 11,
�ON To, R HAS E AND,PURCHASE AGREEMENT Pad e 8 of 2
3 5
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"7111", ............
de
to Sellers:
City of Fort Worth Real Property
927 Taylor
Fort Worth, Texas 76102
with a copy tol:
C,ity of Fort Worth
City Attorne "s Office
I 00�O Throckinorton
Fort Worth, Texas 76 102
to Purchasers:
la C-
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12.
Entire Agreement
This Agreement contains the entire agreement between the parties relating to the Option herein
granted and the sales agreement. Any oral representation or modification concerning this Option
and sales agreement shall be of no force and effect, excepting, a subsequent modification in
writing, signed by the parties. This agreement is separate from and does not modify the lease
agreement.
13.
:Binding Effect
This option granted herein shall bind and inure to the benefit of all the respective heirs, personal
representatives, successors, and assigns of the parties: hereto.
14.
If
No Representations or Warranties I
C RAP
No,
,
OPTION TO PURCHASE AND PURCHASE AGREEMENT
Draft June 6, 2003
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS
AGREEM ENT OR IN ANY EXHIBIT ATTACHED HERETO, IT IS UNDERSTOOD
AND AG. D THAT THE PROPERTY IS 'BEING SOLD AND CONVEYED
HEREUNDER AS IS" WITH ANY AND ALL FAULTS AND LATENT AND PATENT
DEFECTS AND WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATION OR
WARRANTY BY SELLER EXCEPT AS EXPRESSLY SET FORTH HEREIN. SELLER
H Dx7 MAKE A ND HEREBY SPECIFICALLY
AS, NOT MADE AND DOES NOT &
DISCLAIMS (EXCEPT A S EXPRESSLY SET FORTH HEREIN) ANY
RE PRESENTATIONS OR WARRANTIES OF ANY KIND OR CHARACTER
WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY
(OTHER THAN SELLER'S SPECIAL WARRANTY OF TITLE CONTAINED IN THE
WARRANTY DEED TO BE DELIVERED AT' CLOSING)l ITS CONDITION
(INCLUDING WITHOUT LIMITATION ANY RE,PRESENTATION OR WARRANTY
REGARDING QUALITY OF CONSTRUCTION, STATE OF REPA-lRl
WORKMANSHIP, MERCHANTABILITY, SUITABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE), ITS COMPLIANCE WITH ENVIRONMENTAL LAWS OR
OT14ER LAWS, AVAILABILITY OF ACCESS, INGRESS OR EGRESS, INCOME TO
BE DERIVED THERE FROM OR EXPENSES TO BE INCURRED WITH RESPECT
THERETO, "I"HE OBLIGATIONS, RESPONSIBILITIES OR LIABILITIES OF THE
OWNER THEREOF, OR ANY OTHER MATTER OR THING RELATING TO OR
AFFECTING THE PROPERTY AND SELLER HEREBY DISCLAIMS AND
RE'NOUNCES ANY OTHER RE'PRESENTATION OR WARRANTY. PURCHASER
ACKNOWLEDGES AND AGREES THAT PURCHASER IS ENTERING INTO THIS
AGREEMENT WITHOUT RELYING (EXCEPT AS EXPRESSLY SET FORTH
HEREIN OR IN ANY EXHIBIT ATTACHED HERETO) UPON ANY SUCH
REPRESENTATION, ANT Y, STATEMENT OR OTHER ASSERTION, ORAL
OR WRITTEN, MADE BY SELLER OR ANY REPRESENTATIVE OF SELLER OR
ANY OTHER PERSON ACTING OR PURPORTING TO ACT FOR OR ON BEHALF
OF SELLER WITH RESPECT TO THE PROPERTY BUT' RATHER IS RELYING
UPON ITS OWN EXAMINATION AND INSPECTION OF THE PROPERTY.
PURCHASER HEREBY RELEASES AND FOREVER DISCHARGES SELLER FROM
ANY AND ALL LIABILITY TO PURCHASER FOR CLAIMS, LOSSES, DAMAGES,
COSTS, OR EXPENSES OF ANY KIND OR CHARACTER ARISING OUT OF OR
RESULTING FROM CONDITIONS EXISTING ON THE PROPERTY PRIOR TO
SIN',, RCHASER REPRESENTS THAT IT IS A KNOWLEDGEABLE
RC AL ESTATE AND THAT IT IS REI,YING SOLELY ON ITS OWN
PUH" R"'iO F RE
X/Oirt R E SAND THAT OF ITS CONSULTANTS IN PURCHASING THE
,, r
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TOW HASE AND PURCHASE,AGREEIN/f ENT Page 10 of 25
Draft June 6, 2003
PROPERTY. THE TERMS AND CONDITIONS OF THIS PARAGRAPH SHALL
,r
EXPRESSLY SUR171VE THE CLOSING,, SHALL NOT MERGE WITH THE
PROVISIONS OF ANY CLOSING DOCUMENT AN'D SHALL, BE INCORPORATED
INTO THE SPECIAL WARRANTY DEED TO BE DELIVERED BY SELLER AT
,CLOSING. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT THE
PROVISIONS OF THIS PARAGRAPH WERE A MATERIAL FACTOR IN THE
DETERMINATION OF THE PURCHASE PRICE FOR THE PROPERTY.
15.
ParacrS raph Headings
The paracyraph headings contained in this Acrreement are for convenience only and shall in no
4:> t:1
way enlarge or limit the scope or meaning of the various and several paragraphs hereof.
16.
Survival
The parties agree that the duties and obligation contained in Paragraph 6 "Sewer Coi-inection"
and Paragraph, 14 "No Representations or Warranties" shall survive the Closing of this,
Transaction,.
17.
Date of this Agreement
The Phrase "Effective Date" used herein all mean the last date on which both Seller and
Purchaser have execute dthis Agreement.
18.
Venue and Governing Law
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision, of
this Option on the Property, venue for such action shall lie in state courts located in Tarrant
District r"T_ Port County., Texas or the United States District Court for the Northern District of I exas, P ort Worth
Division.
,vp,
Ont
This Option shall be construed in accordance with the laws of the State of Texa o 0)
, . I
OPTION TO PURCHASE AND! PURCHASE AGREEMENT
Draft June 6,2003
19.
Gender and Number
Within this Agreement, words of any gender shall be held and construed to include any other
gender, and words in the singular number shall beheld and construed. to include the plural and
words, in the plural number shall be held and construed to include the singularl unless the, context
otherwise requires.
20.
S everab d ity-Term'ination
Upon a determination that any provision of this Agreement is unenforceable or invalid or upon
any determination that the application of any provision of this Agreement to any person or
circumstance is illegal or unenforceable, the Parties agree that this Agreement shall automatically
terminate and neither party shall be liable to the other party for any claims or damages, caused or
resulting f` -om the termination, however Seller, agrees to return the Option Fee paid by Purchaser
to Purchaser upon tei-iiiination under this section.
21.
Counterparts
This Agreement n y be executed in any number of counterparts with the same effect as if all
parties hereto had, signed the same document. All such counterparts shall be construed together
and shall coristitute one instrument but in making proof hereof it shall only be necessary to
produce one such counterpart.
22.
Force Majeure
Not withstanding any provision to the contrary above, should Purchaser be unable to
comply with any express or implied covenant of this Option, with any term or deadline to
perfon-n, with any requirement to give a notice or pay any amount of money due hereunder, after
an effort made in good fialth by Purchaser, for any cause beyond the reasonable control of
Purchaser, the closing date shall be extended 180 days and Purchaser shall not be
liable for
X:c on compliance or non payment, except that in any instance the obligation. to
damages for,;
-ns and condit*
11 Ide Ithe ex'stin,g lease shall continue under the
ntals ten i ions proa.ded
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AtAll",
T P VRO , ASE AN' PURCHAE AGREMENT,
Page 12 of 25
raft June 6,20,03
continue under sar
therein and all, obli,crations, shaj id lease as provided therein. IN NO: EVENT
SHALL THE CLOSING DATE BE EXTENDED PAS l" 180 DAYS, EXCEPT WITH THE
APPROVAL OF THE CITY COUNCEL.
IN WITNESS WHEREOF, th,is, Agreement is executed as of the Effective Date.
SELLER-. PURCHASER:
CITY OF FORT WORTH
10� D�ate
.-
Assistant C*tyN�,`00
anager Date:
Date: -,-0
i l RECORD
16, /*'h / age 13, of 25
T AND PURCHASE AGREEMENT ""
une
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APPROVED AS TO FORM.
„..„
Ass"ista ty Attorney
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ftotract Authorizes ion
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Date
ty Acretary
STATE OF TEAS
CITY OF TARRANT
On this -day of 20(#, the before ore unders ned, a
Notary Public, duly c n-mFission d qualified and acting g wit and for the said County and State,
in � � � �aaid appeared n erso to me personally
known, who stated that he was an Assistant City Manager for the City of Foil Worth, Teas, and
was d i y authorized in his respective capacity to execute the foregoing nstrux:ent and
ac k,no ledoed that he had s si �d, �x� ��t�d a��d d�livered said instrument for the
co su eratloia, uses and purposes therein mentioned and set forth.
IN TEST WHEREOF, I have hereunto set my to .d and official seal this.''dad �o0"&AA
��ryfpf,6Jfj91PfaiKN6w,NrrNV1S1lfI1NW`Sf�;p;�V�fNpPl%/IOlror,- iialU,rrJrirluyoipiiain,
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rmpg Notary Public
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COMMIS 0ION E NiRt]]E&
Printed Nabs of Notary:.
My Cortunission Expires-, to'107=09/0
OPTION TO PU CHASE AND PURCHASE AGREEMENT
Drafthine 6, 2003
Cr tvctii ffil ''IV
YEN.
ACKNOWLEDGMENT
STATE F TES.
BEFORE ME the undersiorn.ed authority,, a Notary Public in and for the State of Texas,
on this day personally appeared ,L,�. J I e la-own to me to he the persons
whose names are subscribed to the foregoing instrument, and acl.-iowiedged to me that they
executed the same for the purposes, and consideration therein expressed.
IN TESTIMONY VMEREO", I have.hereunto set my hand and official seal this day of
2003.
LUKE B.BE
NTQ
CCIIiSS
I !EXPIRES NI otal uhli e o exas
T• •,
January n,=
ACKNOWLEDGMENT
STATE OF TEXAS
EF R-E ME, the undersigned authority, a ]";otar Public in and for the State of Texas,
on this day personally a �ea�:ed
Ai7lllli��.. � _� �" +� 1 & � -'4% known to� me to he -the persons
whose nai-nes are subscribed to the foregoing insti-ument, and aei mowiedged to me that they
executed the same for the purposes and consideration therein expressed.
TEST y40 Y REOF) I have,hereunto set m hand and official seal this day of
C'm^oN%. L4. 52003.
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M1�'y }rye N
+C. My COMMSSION EXPIRES
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OPTION TO PURCHASE$tt+�RCHASE AGREEMENT Pag 151"
Draft June 6,200 �Fit JR,
EXHIBIT "A"
TO OPTION TO PURCHASE AND PURCHASE AGREEMENT'
Property Description
The City will attach a copy of the most recent plat or replat that has
beery filed b the City since 1990 in the Tarrant Couno� Courthouse.
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the property has not been platted since 1.990,, the description used in
the current lease will be used with the t o . llo l ge�.
"Seller intends to plat the Property b brie sale. If,* at the`tinie 'of
platting there is a structure or are yportion of a structure that is located
on an adjoining l property, the Property s boundary will
0
lie altered as to allow the adjoining leaseholder to maintain ownersh*
1P
ol" the structure. "Structure" i defined' as a habitable structure,
separate or af in-ground sw*mming pool, In
.fixed garage or carpo�rt,
addition, City may retain land for actual or planed public r'ht-of-
was s emergency ingress or egress easements.
Purchaser hereby Waives,, Releases and Holds Harmless the City of
Fort Worth, its officers, employees and appointees firo any claiins,
suits or Hama es resulting rn the change of the Property's
Boundary, Purchaser hereby agrees to cooperate with the Seller hen
the Seller, is platting the Property and understands and agrees that
Seller it to tike the f nal decision regarding the Prop erty"s Boundary
0
and agrees that it will not file, suit or make any claims regarding the
changes to the Property's Boundary,
, g1o25
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Purchase)-r '.S., h S Initials
...........
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OPTION TO PURCHASE AND PURCIJASE AGREEMENT
Draft June 6,2003
EXHIBIT "B"
TO OPTION TO PURCHASE AND PURCHASE AGREEMENT
Annual Valuation Increase
Year Above Below
Si/S.F. S/S.F.
2,000 $0.65 $0.35
2001 $0.616 $01.36
2002 $0.68 $0.36
21003 $0.69 $0.37
2004 $0.70 $0.318
2005 $0.72 $0.39
2006, $0.73 $0.39
2007 $0.75 $0.40
2008 $0.76 $0.41
2009 $0.78 $0.42,
2010 $0.79 $0.43
20,11 $0.81 $0.44
2012 $0.82 $0.44
TO P1 J111R.C.. "t",ASE A-ND PURCHASE AGREEMENT Page 18 of 25
Draft..Tune 6, 2003
EXHIBIT gcll
TO OPTION TO PURCHASE AND PURCHASE AGREEMENT
Special Warranty Deed Form
EXAMPLE OF
SPECIAL WARRANTY DEED
STATE OF TEXAS §
§ Know, All Persons by These Presen-ts:
COLTNT'Y OF TAR RANT §
Date.-
Grantor: CITY OF FORT WORTH
Grantor's Mailing Address: 1000 Throcki-norton Street
Fort Worthl Tarrant County, Texas, 761012
Grantee-,
Grantee's Mailing Address:
Consideration.-TAN AND NO 1,00 DOLLARS ($10.00) and other good and wail suable
consideration.
Property,-.
'Reservation from and Exceptions to Conveyance and Warr an
An avigation easement is reserved on behalf' of the public for free and unobstructed
passage of aircraft over the subject property in th,e navigable airspace above the minimum
a
altitudes of flight prescribed by federal recrulations, including airspace needed to ensure
safety in the takeoff and handing of aircraft. Grantee hereby releases the Grantor, its
officers, agents and employees, from- any and all claims and liability resulting from the
nuke, vibration, fumes, dust fuel, electromagnet c interference and lubricant P articles and
all other effects, whether such claims are for
injury or death to person or persons or
damages to or taking, of property, arising out of or in connection with the use of this
easement "th the reaulations and guidelines oft o ]Federal
when such use is compliance wi
OPTION TO PURCHASE AND PURCHASE AGREA EMEN"r
Draft June 6,2003
VA
IS.
Aviation Administration, successor agency, or other governmental authority with
jurisdiction ver the matter.
For Grantor and Grantor's. successors and assigns forever, a reservation of all oil, gas,, and other
minerals in and under and that may be produced from the Property'. If the mineral estate is
subject to existing production or an existing lease, this reservation includes the production, the
lease, and all benefits from it.
Grantor and Grantor's successor or assi,grns shall have any right to enter the Property in
accordance witli, adopted City Ordinances governing gas and oil exploration and, development.
This conveyance is, further subject to all restrictions, reservations, easements, prescriptions, right
of way, maintenance or similar charges and any liens securing the paym.ent thereof, declarations,
covenants and conditions of record, if any, only to the extent they are presently in effect.
Grantee acic-iowledges that Grantor has not made and does not rnake any representations, as to the
physical condition, or any other matter affecting or related to the property (other than warranties
of title as provided and limited herein). Grantee expressly agrees that, to the maximum extent
1
permitted by law, the property is conv it eyeu ,AS IS It and "WITH ALL FAULTS", and Grantor
expressly disclaims, and Grantee acknowledges and accepts that Grantor has disclaimed, any and
all representations, warranties or guaranties, of any kind, oral or written, express or implied
(except as to title as hereafter provided and limited) concerning the property including witho�ut
limitation the value, condition, merchantability, habitability, marketability, profitability,
suitability or fitness for a particular use or purpose, of the property.
Grantor expressly reserves out of the property, conveyed in this instrument a perpetual flowage
easement including the right to inundate, flood and overflow all. of the property as, shown on the
recorded plat. Grantor shall. not be liable for any damages resulting from the reasonable use of
this easement. Further, Grantee shall not construct any structures and/or i,mprovemeits beyond
the established lake front property line, unless specifically per-nitted in the following paragraph.
Any and all such perniitted structures, and/or improvements which extend into the -flowage
easement shall be constructed at a minimum finished floor elevation level of six hundred and one
60 1.) feet.
There is, expressly gray .ted unto Grantee an easement without warranty expressed or implied over
the lands of the Grantor and the waters of Lake Worth, as they may be located from time to time,,
for water recreational purposes,, for the purpose of ingress and egress to w-id from Lake Worth,
and for the construction, maintenance and use of piers, docks and boat houses 'Including the
storage of boats,, on the following described water and lands:
ji
J11
I P CH SE ASE AG EMENT Page 20 of 25
ToPrfl// U A AND PURCH RE
e 200
6
mw
A) the lands, enclosed on one side by the lakefront property line of Grantee,, on a second side
by the waters of Lake Worth, and on a third and fourth side by two lines, each beginning,
at opposite ends of Grantee's lakefront property line, and each being a projection of the
side lot lines of each of as shown on the P'lat. (Hereinafter referred to as the "'Access
Easement".) (See Typical Water Use and ,recess Easement Exhibit A, attached hereto.,)-
B) the waters of Lake Worth, except that such use shall be nonexclusive except for such
p iers and docks constructed thereon;
C) the land lying under the waters of Lake Worth that are ad'ace nt to the access easement,
i
lying between two lines., each beginning at opposite ends of Grantee's lakefront property
line, and each being a projectiol,'I of the side lot lines of each lot as shown on the Plat.
(See Typical Water Use and Access Easement Exhibit A, attached hereto.);
D) All improvements, piers or structures on each easement must abut the lakefront property
line of the property conveyed herein and cannot extend into the waters of Lake Worth for
such distance as to deny access to said waters by adjoining land owners. Such
improverneits, piers or structures may extend to a point 100 feet from the lake,front
property line into the waters of Lake Worth regardless of the depth of the water at the
point, or to the point at which the elevation, of the land lying under Lake Worth is not
greater tha n 584 feet above mean sea, level, b it in no instance to extend further than 150
feet from the lakefront property line into tlie waters of Lake Worth. No construction
beyond the above mentioned limits shall be considered 'without the prior written approval
from the Director of Engineering for the City of Fort Worth. Variance sha,llbe considered
on a case by case basis. A Typical WaterUse and Access Easement drawing is attached
and incorporated to this Special. Warranty Deed as Exhibit "A";
it is specifically understood that Grantor shall, retain a],-iy and all interests in the above described
water and lands sut�ject to such water use and access easement, and does not intend to convey
any of these interests to Grantee unless specifically granted hereto.
OperatIon' I
, A-Antenance and Abandonment of Sanitary Sewer/ Septic S. sten-ts
Grantee shall be responsible for operating and maintaining individual septic systems, sewer lines,
and laterals on the property conveyed from the point of the City of Fort Worth sewer connection.
Grantee shal.l. connect to public sewer service when available and Grantee shall be responsible for
all applicable connection fees. Further, Grantee shall be responsible for the proper abandonn-lent
of the septic system, sewer lines and laterals. The cost of such abandon-i-rent shall be the sole
responsibility of Grantee. Grantee agrees to allow the Grantor access to the lot at reasonable
septic SeWef System to Ve
times for the purpose of ins ectiniz the operation of the ri fy
p C-,?
conipliance with applicable federal and state laws and statutes, as well as the charter and
ordinances of the City of Fort Worth.
01>TION TO, PURCHASE AND PURCHASE AGREEMENT POL
Draft June 6, 20 0:3
RX
k1ji-a .tee shall, at Grantee's expense, connect the water and sewer lines of the property to the water
and sewer systems to be iristalled by Grantor to serve the property, when such water and sewer
system is available for connection, including but not limited to paying tap fees and impact fees as
required by City Ordinances.
Tl-,iis conveyance is expressly made and accepted, subject to all easements, restrictions, and other
i-n.struments properly of record.
Nothing in this conveyance shall be construed as a waiver of the powers of Grantor to enact
ordinances as a municipal corp�oration or as any reservation of the power in Grantor to vary the
estates in ],and conveyed or reserved herein.
Grantor, for the consideration and subject to the reservations from and exceptions, to conveyance
and warranty, grants,, sells and conveys to Grantee the property, together with all and singular the
rights, and appui-tenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's
executors adininistrators successors and assims forever. Grantor binds Grantor and
heirs, I C-1
Grantor's heirs, executors,, administrators, and, successors to warrant and forever defend all and
singular the property to Grantee and Grantee's heirs, executors, administrators, successors and
assigns against every person whomsoever lawfully claiming, or to claim the same or any part
thereof, except as to the reservations from and exceptions to conveyance and warranty, by,
through and under it, b�ut not otherwise.,
When the context requires, singular nouns and pronouns, include the plural.
IN WITNESS WHEREOF, Grantors, have caused this instrument to be executed on tl-ds the
day of 1 20
APPROVED AS TO FORM CITY OF FORT WORTH
AND LEGALITY:
Assistant City Attorney Assistant City Manager
GRANTEE
NO
4
r/ l MASE AND PURCHASE AGREEMENT
N
"00- Page 22 of 25
11 al une 6,11.1003
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 erson and officer whose name is subscribed to thefioregoing instruinent,
and acknoivle ed to me that he executed the same as the act and deed of the City of Fort Worth,
a rnunicipal corp�oration of Tarrant County, Texas, for tae purposes and consideration therein
expressed.
GrVEN UNDER MY HAND AND SEAL OF OFFICE,, this day of
2003
SHE STATE OF TEXAS §
COUNTY OF TNT" §
This iiisfi-ument was acluiowledged before me on by
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
2003,
L ur,
ia
OPTION TO PURCHASE AND,PURCHASE AGREEMENT Page 23 of 25
Draft June 61,2003
........ ...........
•
Exhibit ""A" to the Special Warranty Deed
T)q icai, WAter Use
and
Access Easement
Any structure Waters
A I of
in this orea Lake Worth
May not deny
ate r access to adjoining
Us C landowners
Eos-ment
1010, f4ormd)
l sib` �gaxium)
Access
Ecscmicnt
(01 is t. V,o rl es)
in
Property
Conveyed
Public Right,—of—W'oy
Riefer to Paragraph on Pog,e 2
r
"110fal
of Specicil Worronity Deed.,
OPTION TO PURCHASE A,ND PURCHASE AGREEMENT Pacre 24 of 25
Draft use 6,2003
EC
OPTION TO PURCHASE AND PURCHASE AGREEMENT Page 25 of 25
Draft June 6, 2003
..........
Ity of T 0/ t Worth, Texas
AWL A& 0 0
avzolr 4If)
*7 "d (:Ounclt (:10 unication
W W
DATE 2/1 9/,02 REFERENCE NUMBER LOG NAME" 30OPT' N PAGE'
L- IO
1'3249 J' I of2
SUBJECT
APPROVAL OF OPTION TO PURCHASE AND PURCHASE AGREEMENT CONTRACT
TO FACILITATE THE DIRECT SALE OF LAKE WORTH LEASE PROPERTY
RECOMMENDATION."
It is recommended that the City Council auk orbs the City Manager to approve the Option to Plurchase
and Purchase Agreement contract, with the Lessees of the Lake Worth lease properties listed on
Exhibit "'A" to facilitate the direct sale of eligible Lake Worth lease properties. (See attached contract
and Exhibit"A")
DISCUSSION:
On July 15, 2001, House Bill No. 1490 was signed *into law and went *Into effect., This amendment to
the Texas Locial Government 'Code, Section 272.001(h), allows a municipality having a population of
575,000 or less and own,in,g land within 5,000 feet of the shoreline of' a lake,, without notice or the
solicitation of bids, to, sell the land to, the persons leasing the land for the fair market value of the land.
In December 2001, City sta r,ep tired' an, Informal Report to the City Council (Informal Re 76
"B"'), wh' "h provided an update on the status of the sale of lease lots, and also
attached as Exhibit Ic I
recommended a four-year Lease Lot Sales, Plan and a Wat,er/Sewe Infrastructure Improvement Plan
around Lake Worth,. This sales plan includes 268 residential properties with an estimated market value
of $,4.7 million.
In order to facilitate the direct sale, of the residential Lake Worth lease properties 1i it is recommended
that a sales option contract be executed with the Lessees for the properties, eligible for sale. The sales
option will allow the existing lessees, to purchase their leased properties at today's fair market value
adj,usted annually upward,by 2% per year until sold by the City in accordance with the recommended
timeline outlined in, Informal, Report No. 8376.
The properties eligible for this contract are listed on the attached, Exhibit "A". The option fee pr ideld "in
the contract 'is $500.
Due to the, proximity of the Joint Reserve Base/Naval Air Station, a,n avigation easement will be
reserved on behalf of the public and incorporated into the special Warranty Deed used to convey these
properties,
Proceeds from the sale olf' these City-owned Lake Worth lease properties will be depoisited 'In a Lake
Worth Infrastructure Fund Account in accordance with M&C G-12916 dated May 16, 2000. The
proceeds are escrowed and desig noted for water, and wastewaterimprovements within the area of the
City of Fort Worth surrounding and adjoining Lake Worth.
H _ w n Afil Port Wore exas
nor ti
C li
10 u"ICA t 10 1)
DATE REFERENCE NUMBER LOG NAME PAGE
2/19/02 L-1 3249 3 0 TI N T, 2 of 2
SUBJECT APPROVAL OF OPTIONTO PURCHASE AND PURCHASE AGREEMENT C N AC-T
FACILITATE THE DIRECT SALE OF LAKE WORTH SE PROPERTY
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certiflies that the Engineering Real- Property Services Division is
responsible for the collection and deposit of funds from this sale.
MGn
Submitted for City Manager's FUND ACCOUNT ] CENTER AMOUNT CITY SECRETARY
ce y ,t
PE45 1921 0601000
Mike Groomer 6140
Originating Department,Head.
Douglas Rademaker 6157 (from) APPROVED 0 19/02
Additional Information Contact
Douglas Rademaker 615 7