HomeMy WebLinkAboutContract 61753-A1CSC No. 61753-Al
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT
THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (this "Amendment")
is effective as of the (the "Effective Date"), by and between the City of
Fort Worth, Texas, a home -rule Municipal Corporation of the State of Texas ("Purchaser") and Center
for Transforming Lives, a Texas non-profit company
WITNESSETH:
WHEREAS, Seller and Purchaser entered into that certain Purchase and Sale Agreement dated July
23, 2024 (the "Agreement") regarding the sale by Seller to Purchaser of certain real (immovable) property
and improvements including a five -story building located at 512 West 4th Street, Fort Worth, Texas 76102,
as more specifically described in the Agreement; and
WHEREAS, Seller and Purchaser desire to amend the Agreement pursuant to the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants herein
contained, and for other good and valuable consideration, the receipt of which is hereby acknowledged,
Seller and Purchaser hereby enter into this Amendment.
I. Recitals. The foregoing recitals are hereby affirmed by the parties as true and correct and
each such recital is incorporated Herein by this reference. Unless otherwise defined herein, capitalized terms
used in this Amendment shall have the meanings ascribed to such terms in the Agreement.
2. Amendment of Conditions Precedent to Closing, Section 6.1 of the Agreement is hereby
deleted and the following is inserted in lieu thereof:
6.1 Conditions for the Benefit of Purchaser. The obligation of Purchaser to consununate the
conveyance of the Property hereunder is subject to the full and complete satisfaction or waiver of each of
the following conditions precedent, unless waived in writing by Purchaser:
6.1.1 The representations and warranties of Seller contained in this
Agreement shall be tale, complete and accurate in all material respects, on and as of the Date of
Closing.
61.2 Seller shall have cured or satisfied any Objections that the Seller
has agreed to cure within the Curative Period, or Purchaser shall have waived the same.
6.1.3 Seller shall have performed all of its obligations hereunder in
all material respects unless performance thereof is waived by Purchaser.
61.4 Seller shall have repaired the elevators in the Building to Purchaser's sole
satisfaction, including, but not limited to: (i) replacement of hoistway door pick-up rollers on all floors for
the ADA elevator; (ii) repair or replacement of the emergency phone in the ADA elevator; (iii) repair of
the hydraulic dry unit pump for the older elevator; (iv) general maintenance and repair of the pick-up rollers
on all floors for the older elevator; and (v) bringing the emergency hatch of the older elevator up to
applicable codes.
3. General. Except as expressly modified by this Amendment, the Agreement remains in full
force and effect in accordance with its terms. In the event of any conflict between this Amendment and the
Agreement, the terns of this Amendment shall control. This Amendment shall be binding upon and inure
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
to the benefit of the parties hereto, and their respective successors, assigns, heirs and personal
representatives.
4. Counterparts. To facilitate execution of this Amendment the parties may execute this
Amendment in counterpart and exchange signatures by electronic delivery of a PDF copy of the executed
Amendment (including by way of DocuSign or other similar electronic signature exchange software), which
PDF copy shall be deemed valid and binding.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first written
above,
PURCHASER:
CITY OF FORT WORTH, TEXAS
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By: Dana Burghdoff (Sep 2024 Z-A6 CDT)
Dana Burglydoff, Assistant City Manager
Sep 17, 2024 a444FORt°aa
Date:
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Jannette S. Goodall
City Secretary
APPROVED AS TO LEGALITY AND FORM:
Matthew A. Murray
Assistant City Attorney
M&C: 24-0690
Date: August 13, 2024
APPROVAL:
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Marilyn Marvin, Interims Director
Property Management Department
Contract Compliance Manager;
By signing I acknowledge that I am the person responsible for the monitoring and administration of this
contf act, including ensuring all performance and reporting requirements.
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Ricky Salazar, Assistant Director
Property Management Department — Real Estate Division
SELLER:
CENTER Fi NSFOORMING LIVES
By: /vim 46111—
Carol Klocek, CEO
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX