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Home My WebLink AboutContract 28536CIiY SECR��,��Y � CONTRACT TO SET�i, REAL PROPERTY ��Nr�AG�T �, � ' TO THE CITY OF FORT WORTH '�HE STATE OF TEXAS § § COUNTY OF TARRANT § � • � S ] Cato"� Az�a Hill "� t�� ' �� y(hereinafter called "Seller") herel�y selIs and agrees to canvey to THE CITY OF FORT WORTH, TEXAS (hereinafter called "Purchaser"), and Purchaser herby buys and agrees to pay for tha following-deseribed real estate situated in Tarrant County, Texas, TO-WIT: ALL THE REAL PROPERTY AND IMPROVEMEN`T'S, IF ANY, LOCATED II�i FORT WORTH, TARRANT COUNTY, TEXAS, AND MORE Sl'ECIFICALLY DESCRIBED AS: Lot 3. Block 1. Lake�and Addition City of Fort Worth, Tarrant County, Texas Also lcnawn as 8G12 Marks Lane. TOG�THER WITH, all and singular, all improvements thereon and all xights and appurtenances pertaining thereto, including any n.ght, tztle and interest of Seller in and to adjacent streets, alleys or rights-of way, such real estate, impxovements, zights and appurtenances being herein coIlectively referred to as the "Property", This Contract is cxecuted upon the following terms and eonditions: 1, Purchase Price. The purchase przce �or tF�e Property is ONE HiJNDRED TWENTY-EIGHT THQUSAND AND FIVE IiUNllRED AND NOI100 DOLLARS �$128.500), payable at Ciosing by wire transfer, cashier's checic or title company check. 2, Survev and Title Binder, A, I£ Purchasez desizes a survey, Purchaser shaIl have the right to obtain within a reasonable tune after tlais eontract is approved by the City Council nf the City of Fart Wozrth, at Purchaser's expense, a current on-the-graund survey {"Survey") oi the property made by a duly licensed surveynr reasonably acceptat�le to the Purchaser. The Survey shail be in a form acceptable to the Title Campany in a�dez to allow the Title Company to delete tlie survey exception (except as to "shor�ages in area") fram the Title Policy to be iss�ed by the Tifle Company. The �urvey sh.aII show the location of a11 improvements oz► the Property, if any and shall be certified to Purchasex and the Title Cornpany, B. Within a reasonable �ime a�er thz� cantract zs approved by the City Cauncil of the City of Fort Worth„ 1'urchaser shall, at Purchasez's expense, obtain the followiug: {1) A title cammitment ("Title Binder") covering the Property binding the Ti#le Company to issue a Texas Owner's Policy of the Title Insurance nn ihe standard form of policy pzescribed by the Texas State Board of Insurance at tl�e Closing in fhe full amount af the Purehase Price, and (2) True, correct and legibl� capies of any and a11 instruments referred to in the Title Binder as constituting exceptzon vr restrictions upon the title of Seller, axcept that copies of any lier�s which are to be released at the Closing may be omitted. Apnroval Period and Title Purchaser shall have forty-�"ive (45) days after the receipt of the Survey and Title Binder to re�iew them and ta deliver in writing to Seller such objections as Purehasex may have to anything contained in them. Any such item tv which Pt�rchaser shall nai objeet shall be deemed a"Permitted Exception", If theze are objections hy Purchaser, Sellex shall in good faith attempt to satisfy them prior to Cl��s; �ut ��s�l nat be required to incur any cost to do sa If Seller dalivers written notice to Puxc ser.tp��.�r'o�n�,th� � r � .,��;, rt�r� � �` . � ,� 0 Closing date that Seller is unable to sa�isfy sueh objections, or if, for any reason, Sellex is un.able to convey title in accordance with Seciinn 7(D) below, Purchaser znay ezther wai.ve such objections and accept such title as Seller is able to con��y or terminate this Contzact by wriften notice io Selier. 4. Insnection. SEB ADDENDUM ATTACHED HERETO AND MADE A PART HBREOF FOR ALL PURPOSES. 5. Casualtv Loss. All risk of loss to the Property shall remain upon Seller prior to ihe Closing. If, prior to the Closing, the Property shall he damaged ar destroyed by fire ar other casualry, Seller shall compIy wiih all requixe�n.ents of the Ciiy of Fort Worth with respect to damaged property. 6. Cl. osin� A. The Glosing of this Contract shall be held not later that� thirty (30) days after expiration of the Feasibility Period, as defined in the Addendum attached hereto, or when all personal property, trash and debris is xemoved from the �zoperty as provided in Paragraph 2 of Addendum, whichever is latex, at the off'ices of the Title Company chosen by Piuchaser; �rovided, howe�er, that if on such date the Title Company has not yet approved title or i�'t�exe are objections made by Pu�rclaaser which have not yet been cured by Seller, eithe� party, i�y written notice to the oiher, may postpone t�e date of the Cfosing to such date as shall be designated in such raotice but not rnore than thirty {30) days after the Closing date above speci�isd. � B. At the Closmg, Seller shall deliver to Purchaser (i) a Generai Wazxaaaty Deed conveying fee simple title to Seller's undivided interest in the property free azzd clear of a11 liens and encumbrances of any ldnd, subject only ta the Permitted ExcepYions; (ii} a lettex of environmental conditions of the Praperty at time of closing. Such letter shall be in the fotm of E�r.laibit "A" C. At the Closing, Purchaser shall deliver to Seller tiie Purchasa Pxice, by wire trans%r, cashier's check ar title company check. D, Except as otherwise provided �erein, Purchaser shall pay alI usual and customary closing costs charged by the Title Coxnpany, except fox the pay off of any lien(s) or assessxnemt{s) against the Properry and Sellez's sla�are of the property tax far the year nf Clasing calculated ta the date of the � Closing and all kaxes, per�alty and interest for prior years, all of which will be paic� by Seller at the .� Closing. ' E. Sole and �xclusive possession of the Property will be delivered to Purchaser a�:..�'.l.,�r�.. �+� ��%iS ��i�� f 7. Ternunation. If tlnis Contraet is tezmin.atec� by Purchaser in accordance with this Agr�em.ent or pursuant to �� E� the Addendurn attached hereto, the parties sha11 have no fiu�ther obligation or liabilities one to the other. 8, Deiautt. If Seller sha31 fx�l to consummate this Contract for any reason, except Purchaser's default, Purchaser may, as Puxchasez's sole and exclusive remedy, enforce specific pez�'ormance of tlus Contract. If Purchaser shall fail to consummate this Contract Far any reason, exc�pt Seller's default or the termination of tlus Contract pursuant to a right to termination given herein, Seller may, as Seller's sole and excSusive rernedy, enforce specifie performance of this Cantraet. In the e�ent 5eller should fail or refuse to close the sale of �e 1'roperty to Purchaser, tkien in addiiion to ihe xemedies avaiIable ta Purchaser hereunder, Purchaser shall have the right to exezciee Purchaser's power of eminent domain to aequire %e title to the Property. In the event eminent dornain proceedings are commenced, the parties agree ta be bound by the awaxd pf the special co�ussioners appointed by the cou�t as to its deterniination of x�aarket value and damages with respect to the Properly, if any, avhick the parties hereto s�ipulate shall h� th� Purchase Price as set forth herain, 9. Camrnission. Seller h�eby xepresents and Qvarrants to Purchaser ti�at Seller has not contracted with ox entered into anq agreement with any real estate broker, agent, imder or other party in conz�ection with this transac�ion, and �eIler has not bacome obligated or liable to pay any comtnission or bzaker's or finder's fee. Seiler hereby indemniiies and agrees to hold Purchaser harmless from any cornmissions, brnker's fees, finder's fees, ar ihe like asserted by anyane claiming to laave an agreement with Seller. Purchaser slaall be responsible for the payment oi any consulting f�es ox other fees due to any real estate broker or agent hired by Purchaser. 10, Miscellaneous Pxovisions. A. Date af Cantract. The kerm. date of ihis Cnntraet as used herein shall mean e��,��}�;;pp �.�c.�, both Seller and purchaser hawe executed this Contract, �•- � z . , '� `�i��9 B. . Notices. Any no�ice or comrnunication required ar permitted hereunder shaIl be deerined to be delivered, whether actually received or not, when deposited in khe United States mai1, postage fully prepaid, registered or cextified mail, addressed to the intended recipient at the address on the signature page of this Contract. Any address for notice may be chang�d by written notice so given. C. Integration. This Contract contains the complete agreement between the parties and cannot be varied except by the written agreement of the parties. The parties agree t�at there are no oral agreements, understandings, representations or warrauties which are not expxessly set forth herein. D. Binding Effect. This Contract shall inure to the benefit of and bind the paxties hereta and their respeative heirs, representatives, successors and assigns. 11, Cvntract as Offer. The, execufian of this Contract by Seller shall constitute an offer tp sell k1�e Property. Unless this Contract is formally approved and accepted hy the City Council of Purchasez and payment of the purchase price authorized in a regular, open, puhlic meeting of the City Cauncil oi Purchaser within sixty (GO) days after being execut�d by Seller, then Seller shall have the right ta re�o�ee this offer to seli by giving written notice to Purchaser prior ta the executian of the Contract by Purchaset. 12. Multinle Cowztexvarts. This Contract may he executed in any nurnber of counterparts. Each of the counterparts sl�all be deemed an original instrument, but all of which wh�n talcen togeiher sha11 constitute c�ne (1) and the same agreement, and any of the parties hereto may ex�cute tlais Contract by signing sueh counterpart. This Contrae� may be executed and returned via facsimila trans�cvission, and such execution and delivery shall ba binding as if an original had heen delivered and the delivering party covenants and agzees that an original wiIl be sent immedistely by regular United States mail. 13. Qther Provisions. SEE ADDENDLTM AT'TACHED HERETO AND INCOItPORATED HEJtEIN BY REFERENCE. vo�'u USUG.I��a�� "�;,�„ ��, ��, EXECUTED on the dates stated below. � �� •-~� � � �-..�; L � �y' - � . - _ � , �. _� �� L�`�a..� ti � �`�G � � -- SLLLER; CAAOL ANN HILL, �"p.L,L Y _ ' B�: � ._ � Carof Aiit� Hill ' � - , Date of Execution: � • _ PURCHASER: THE CITY OF F T W , TE By: �, / 7oe P agu� � j - � Assis t C' an � � Date of Execution APPRO O L ALTTY AND FORM: � � Cyuthia B. Garcia Assistaz►t Ciiy Atto�rnney ATT�,�'�' ' � t= ic_.� ��• z ar ` , � --,• r C�ari�. Pe;arson City Secretary u 4 d�� se:.�:I�I�V�_U '��, '��'''� i��l�, ��c�. ADDENDUM TO CDNTRACT QF SALE BETWEEN CAROL ANN HILL AND T�iE CITY OF FORT WORTH, TEXAS, AS "PURGHASER" THE TERMS, PROVTSIONS AND CONDITTONS OF THIS ADDENDUM SHALL CONTROL AND SUPERCEDE ANY CONFLICTING OR INCONSISTENT TERMS, PROVISIONS OF CONDITIONS SET FORTH IN THE PRINTED FORM OF CONTRACT OF SALE TO WHICH THIS ADDENDUM IS ATTACHED 1, FEASIBILITY STUDY AND INSPLCTION (a} Purchaser is granted ihe right to conduct engineering siudies of the Propert� and a physical inspeetion of the Property, including studies or inspections to determine the existence of any envirvnmental hazards or conditions (coIIectively, the "�easibility Study") during the period ("the Feasibility Period"} commencing on the date this Con�ract is approved by the City Council ai the City of Fort Worth, and ending at 5:00 a'cIock p.m., Fort Worth, Texas, time, forty-five {45) daqs thereafter. For this purpose, Purcha�er and its designated agents may enter upon the Property for purposes of analysis or other tests or inspections which xnay be deemed necessary by Purci�aser for the Feasibility Study, so long as advance notice is given to Seller. Purchaser shall not materially alter the physical condition of the Properly without notifying Seller of its requested tests, and obtaining the written consent of Seiler to any physical alteration of the Praperty. In the event Pr,uchasez doas not execute (with City Council approval) or close this transac#ion for any reason, Purchaser shal� retuzn the Property ta substantially the same condition in which it existed on the dat� this Cantract was e�ecuted by Seller. (b) If Put�chaser determin�s, in aits sola judgment, thai tl�e Property is not suitahl� for any rreason for Putchaser's zntended use oz purpose, then Purckaser rnay terminate fihis Contract by written notice to 5eller prior to the expixation of the Feasibility Period, and neither party shall ha�e any further abligation ta the othez hereunder. If this Contract is not ternunated in the mauner and within the tirne providad for in tlus Paragraph 1(a), t1�en Purchaser shall be deemed to have waived his right granted in this Paragtaph 1 to terminate this Contract. The Feasibility Study s1�alI be at Purclvaser's expense. Purchasez furtlner agrees to pay for any and all costs incurred as � result of the environrnental condition af the praperty, regardless of when fliose cnsts are in,�urred� 2. POSSL�SSION OF PROPERTY, . �{y,�s' i�y�Y� �dti�� ,��#,d'�-� a�'�+� So�e and exclnsive possession of the Property will be delivered to Purchaser at—e�o ' and Seller shall vacate the Property by s�ch date. Seller agrees to remove all personal property, frash and d�bris from t�e Property prior to closing. . In the event Seller fails or refuses to deli.ver sole and exclusive possession of the Property free frozn all personal property, trash and debris to Purcbasex at closing, Seller shall also be liabie for aIl Iegal fees, conrt cosfs and other e�enses incurred �y Purck�aser in any eviction proceedings or other proceedings to obtain p.ossession, and shall pay to Purchaser liquidated damages in the amaunt of One Hundred and No/100 Dollaxs {$100.00) for each day's delay in deliveri�ng exclusive possession to Purchaser. Executed on the dates st�fed below. � .�C.�-��, • -=�-��,�.1`�� t--� � � � 1J� ,- - -- � f`_' _�� —�--� - - , ��`� �-�,11 � �`�� °• - SELLER: CAROL ANN HII.L, i�i;i;�' Sy, _ � -�� __ � Ca oI Anm �k' ilt _ ' Date af Execution: �.�, _ ' ptnzexASER: � � c�TY o� oR o , xAs By: Joe ania u As stant C'ty Ma a r Data of $xecution APPRO D A i� AND �`ORM: � G�nthia B. Gaxcia Assistant City Attorr�ey ATII'F�T: — ��r! � w, w � o �� f _ � /'.-�/L/1 �,! Gl'�ria Pearson City Secretary 6 EXHIBIT "A" ENVIRONMENTAL STATEMENT City of �'ort Worth Real Property Management Office 927 Taylor �treet Fort Worth, Texas 76102 Re: DOE # 3$0 Fort Worth Nature Center/Lakeland Addifion Lot 3, BIk i, Lal�eland Addition, Faart Worth, Tarrant County; Texas To the best of Sellers' knawledge, neither Seller hereunder, nor any person has ever disposed of, ox will ever dispose of, any hazardous material or substance upon, under, or through the abave- areferenced property. Further to the best of Sellers' lrnowledge, the above-referenced property does not contain any storage tanks or asbestos or ]Zazardous or toxic materials on ar b�neath the su.rface, nor, io the besfi of �eller's knowledge, is either Seller in violation of any regulations regarding asbestas, or storage ianks, ar hazardous substances and/or taxic wastes under (a) the Fedaral Camipxehensive Enviranmental Response, Compensaiion and Liability Act, commonly known as the Superfund Law of 1980, as amended, (b) the laws of the state of Texas, (c) the lar�rs of the county or counties in which all or a�y part of the subject pxaperty is located, (d) the Iaws or regulation of th� municipality, if an�, in which all or any part of the subjec� property is Iocated, or {e} the laws or regulations of any other applicable authority. SELLER; Carol Anu HiII, ��;��r.�'r��.�'�'' �G l,l��`t Date• F . _�� _ . ,_ _r , ' �� .�1� ' �� <<i � C��n ?�n�r�� m� �'ity of �oYt d�o�ih, T'exas ��v� ��C �c��c�l �� DATE REFERENCE NUMBER LOG NAME PAG� 4115103 �*j�o� 3��9 � � 30NATURE 1 0# 2 su�.��cT AUTHORIZE THE PURCHASE OF ONE PARCEL OF PROPERTY LQCATED AT 8612 MARKS LANE F4R FIJTURE DEVELOPMENT OF THE NATURE CENTER RECOMMENDATiON: It is recomme�ded that the City Council: 1. Approve the purchase of prop�rky described 6�low #or a tatal cast af $134,504; and 2. Authorize the .City Manager to ex�cute the appropriate closing documents, and allaw �he Engineering Department, Real Property Services Division ta file the deed in the City's name. D15CUSSION: � The Lakeland Addition is a smal! residentia! neigl�borhoad surrounded by the Naiure Center property. The Lakefar�d Addition is n�t senred by a pub�ic water supply or a p�blic sewer system. Water wells and sept�c systems are the sources of utilities.� TF�ere are currently 7'� privately-owned parcels within this neighborhoad area. The City �as acquired 6 of the pri�ately-owned parcels since May 2QQ2, i� conjunction with this .land assemblage project. Integration of this parcel is essential for the future development of the Nature Ce�ter. City staff recommends the purchase of t�is parcel. An outside independent appraiser was engaged to appraise t�tis property. The proparty is described as folEows: Owr�er Tony and CaroE a. Hill Leaal Description Spuare Feet CQSf �128,500 $ 6,��0 �� Q� �.ot 3, Bfock 1, Lakelan� Addition ��DSIi�� CDStS YOta� • ��t The purchase of the prope�ty wi�l be fiund�d through r�s� of Lake �/llorth Yrust �und. This property is located in CQUNCIL QISTRlCT 7, Mapsco 45F. � �'rt,y oo f �ca�t ��'t1a, Te��,� _ ��c �� c��[ �!��r►��c�� DAT� REFEREf�lCE IVU�v1BER LOG NAME PAG 4/1 �103 �'�,�-� �5�9 � 30NATURE � 2 of 2 sueJ�c�r AUTHORIZE THE PURCHASE OF �NE PP,RCEL OF PROPERTY ��CATE❑ AT SS12 iVfARKS LAfVE FOR FUTURE DEVELDPIViENT OF THE NATURE CEIVTER FlSCAL 1NFOR�IIIATlONICERTIF1CATfOi�1: The Finance Direcior cer�ifies tha4 fur�ds are avail�ble in the current ca�it�� budget, as apprapria�ed, of the La�e Warth Trust Fund. �I10: � Subr¢�ii4ed �o� �ity 1dlae�ageP's �fface �y: � � � �c��v�r � cExa�r� � (to) - J ��u� � �� s�� . � � � � I APPROVED D4/1S/03 $�34,5E}O.DO � _� � � Marc Ott 8476 Origi�ating g3epart�e�nt �3[ead: t Douglas Rademaker 6I57 � (from) � FE70 5�190D a30D010Q2000 .�ddit�onal dnforanatio� Contact: I Dauglas Rademaker 6157 I