HomeMy WebLinkAboutContract 45417 CITYSECRUARY
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CONTRACT NOO
CONTRACT OF SALE AND PURCHASE
THIS CONTRACT F SALE AND PURCHASE Contr ct" made and n •
gyred lr�. o by and
between the CITE" OF FORT WORTH, TEXAS, a.home rule Mum'ci al Corporation of
�" �` he State
of Texas, ,acting by and through its duly authorized Cit y Manager or Assistant City Manager
("Purchaser") and, Margare t "Joyce" Hammond, Guardian Of"1"he Estate for Glen. lan. Pil
Incapacitated Person ("Seller"), as of the date on which this Contract s executed h last the l t to sign of Seller and.p�urchaser("Effective Date").
RECITALS
1. Seller is the owner of a tract of land known as Lots 4, 5 and 61, Bloch 3 Lakeland
Addition, Fort Worth, Tarrant County, Texas, together with any easements, rights-of-
way,
licenses, interests, and rights appurtenant thereto culleetive y, t:he "Property
Purchaser is a municipal corporation that desires to acquires the Property.
3. Seller desires to sell the Property for fair market value.
A E ."1C"`
In consideration of the mutual covenants in this ContraQt, Seller and Purchaser agree as
follows:
Section 1 Sale and Purchase,
(a) Seller agrees to sell and convey the Property to Purchaser, and Purchaser agree" to
purchase and accept the Property from Seller, f'r the purchase price as defined below), subject
to the terms and conditions set forth. In this Contract.
(b) Seller shall convey the Property to :purchaser free and clear of all liens, claims,
easements
ions encroachments tenancies, and y other
hts-of w �, res rvati ns, restrict
encumbrances (collectively,, the "Encumbrances'') except the Encumbrances appearm* g, in the
Title Commitment and the survey (as defined below)that are not cured and that are subsequently
waived�ved ursuant to p Section 31 (`Permitted Encumbrances").
(c) Seller shall retain all rights of title and interest in any mineral rignts in the
Propel provided, however, Seller hereby waives and rel nqulshes access to any use of the surface of
the Property.
(d) Any items rema' g in, or on the Property after the expiration, of sixty days
alter the closing shall become the property of Purchaser.
OFFICIAL,RECORD
6113 ,toe Ella Lae and 8605 Marks Lane Nature Center CITY SECRETARY
FT, WORTH,T'X
RECEIVED MAR 10 2014 Pale 1 of
(e) 1"he Property is being sold "AS-IS, WHERE-IS, AND WITH ALL FAULTS.�l
Purchaser Is hereby notified that the improvements on the Property are not insured.,
Section 2. In4ependent Contract C,onsideratio ernes t More and Purchase Price,
(a) Contemporaneously with the execution of this Contract, Purchaser will deliver to
Seller a check in the amount of Fifty Dollars and 00/100 Dollars ($50.00) ("Independent
Contract Cons I*deratl*on") as i,ndependerat consideration for Seller's execution, delivery and
performance of this Contract. his Independent Contract Consideration is JR addition o aw&
mdependent of any other consi*deration or payment provided for in this Contract, is non
r dable,, and shall be retained by Seller notwithstanding any other provision of this Contract—
efun
however, upon Closing (as heretnatter defined), the Independent Contract Consideration shall be
applied as a credit toward the Purchase Price as hereinafter defined).
(b) 'The purchase price ("Purchase Price"') for the Property, payable by Purchaser to
Seller at closing, (as defined below), is ONE HUNDR-ED SEVENTY FIVE THOUSAND and
00/100 DOLLARS ($175,000). Seller has determined that the Purchase Price reflects the fair
market value of the Property.,
(c) Within 10 bush ess days of the Effective Date, Purchaser shall deliver to Alamo,
rf*
itle Company
("Title Company") a check or wire *n the amount of One Thousand Dollars and
i
00/1010 Dollars ($1,000-001) ("Earnest Money"). At Closing, the Earnest Money,e shall be applied
as a credit toward the Purchase Price.
Section 3. Title Commitment and Sure
(a) Within thirty (310) days after the Effective Date, Purchaser shall, obtain at
Purchaser's sole cost and expense (i) a Commitment for Title, InsuranceI
("T'de Commitment")
ftorn the Title Company, setting forth the status of the tide of the Property <and showing all
Encumbrances and other matters, if any, relating to the Property; and (ii) a legible copy of all
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documents referred to 'in the 1"'itle Commitment including but not limited to, plats, reservations,
restrictions, and easements.
(b) Within thirty (30)days after the Effective Date, If Seller does not have a survey of
the property satisfactory to the Purchaser.- in Purchaser's sole discretion, then within thirty (3 0)
days, after the Effective Date of this Contract, Purchaser may obtain a new survey of the Property
(the "Survey") at Purchaser's sole cost and expense. The description of the Property prepared as
a part of the Survey will be used in all, of the documents set forth in this Contract that require a
legal description of the Property.
(c) If the Title Commitment or Survey discloses any Encumbrances or other matters
which are not acceptable to Purchaser in Purchaser's sole discretion, then Purchaser shall give
Seller wn*tten notice thereof within fifteen (15) days after receipt of the Title Commitment,
Survey and all documents referred to 'in the Title Conunitment, specifying Purchaser's objections
)
("Objections 19 .1 if any. If'Purchaser gives such notice to Seller, Seller shall use reasonable efforts
to cure the Objections, but shall be under no obligation to do so.
6113 Joe Ella Lane and 8605 Marks Lane Nature Center
Page 2 of 9
(d) If Purchaser gives notice of Objections and Seller does not cure the Objections,
cause the Title Commitment and Survey to be amended to give effect to matters that are cured,
and give Purchaser written notice thereof within the fifteen (15) day period following receipt of
the notice of Objections from, Purchaser ("Cure Period"), Purchaser shall have the night either
to terrmnate this Contract by giving written notice thereof to Seller at any time after the
expiration of such Cure Period and, upon such termination, neither party hereto shall have any
further rights or obligations, or (ii) to waive the Objections and consummate the purchase of the
Property subject to the Objections which shall be deemed to be Pennitted Encumbrances.
Notwl'thstariffing, the foregoing sentence if Seller has commenced curing the Objections and is
diligently prosecuting the same, as determined by Purchaser in Purchaser's sole discretion, they
Purchaser 'in Purchaser's sole discretion may extend the Cure Period for an amount of time
Purchaser deems necessary for Seller to cure the same.
t,ro, I 'ter the Effecfive Date, Seller shall
Section 4. Review Reportv. W"thin five (5) days after I
deliver to Purchaser for Purchaser's review any and all environmental or engineering reports and
studies in Seller's possession concerning the Property ("Reports").
Section 5. Tests. Purchaser, at Purchaser's sole cost and risk, shall have the right to
go on to the Property, including the Improvements, to make inspections, surveys test bon*ngs,
soil analysis, and other tests, studies and surveys, including without limitation, environmental
and, engineen*ng tests, bori
(d) The provisions of this Section 6 control all other provisions of this Contract.
(e) The parties agree that the Option Pen"od will not be extended upon expiration
without a written amendment signed by both parties.
Section 7. Closin ont* Mncies
(a) The closing ("Closing") of the sale of the Property by Seller to Purchaser shall
occur through the office of the Title Company in no more than (15) days after the satisfaction of
the following contingencies, to Closing C'Closing Contingencies"), but not later than December
31,2013. The Closing Contingencies are as follows.-
(1) Any easements conveyed to the City will be at no cost to the City; and
. 1
(2) The transaction must I ne approved by the Fort Worth City Council at a city
council meeting.
(b) Purchaser agrees to pursue the approvals and agreements described in the Closing
Contingencies above with reasonable diligence. Seller agrees to cooperate fully with. Purchaser
in connection with P"urchaser"s pursuit of the above approvals.
(c) If any Closing Contingencies are not satisfied to Purchaser"s satin s,fac,tio n so that
Purchaser 'i's prepared to close on or before December 31, 2013 -then Purchaser must terminate
this Contract, and upon the termination, Seller shall retain the Earnest Money and any interest
earned and neither party will have any farther rights or obligations hereunder; however, the
Closing may be extended the Closing Contingencies are not satisfied if agreed to In writing by
the parties.
Section 8. a Subject to Section (d) below, Closing shall occur no, later than
December 31� 2013.
(a) At the Closing, all of the following shall occur, all of which are deemed
concurrent conditions:
(1) Seller, at Purchaser's sole cost and expense, shall deliver or cause to be
delivered to Purchaser the following.-
A Special Warranty Deed ("Deed"), fully executed and,
acknowledged,by Seller, conveying to Purchaser good and indefeasible fee
si m pl title itle to the, Property su�ject only to the Permitted Encumbrances,
e
with the precise fon-n of the Deed to be determined pursuant to Section 10
below;
(1`10 Any other instrument or document necessary for Title Company to
issue the Owner Policy in accordance with Section 8(a)(3)below.
611.3 Joe Ella Lane and 8605 Marks Lane Nature Center
0 1%
Page 4 ot Y
2 Purchaser, at Purchaser's sole cost and expense, shall deliver or cause to
be delivered to Seller through the Tiffle Company federally wired funds or a
certified or cashier's check or such other means of funding acceptableto Seller, in
an amount equal to the Purchase Price,adjusted for closing costs and pro rat ions.
(3) Title Company shall ssue to Purchaser, at Purchaser's sole cost and
expense, wi Owner Policy of "ritle Insurance ("Owner Policy") issued by Title
Company in the amount of the Purchase Price, In s uri*ngthat, aftler the, com pletion
of the Closing,, 'Purchaser i,s the owner of indefeasible fee simple title to, the
Property', subject only to the Permitted Encumbrances, and thle standard printed
exceptions included in a, Texas Standard Form Owner Policy of'Title Insurance.,
p 'ded, however, the printed forra survey exception s,hall be limited' to
rovi
shorty es in area," the printed forrn exception for restn'ctive covenants shall be
deleted, except for those restrictive covenants that are Permitted Encumbrances,,
there shall be no exception forfights of parties in possession, and 'the standard
exception for taxes shall read.- "Standby Fees and Taxes for the year of Closing
and subsequent years, and subsequent assessments for prior years due to change
in land usage or ownership"-,
(4), Seller,and Purchaser shall each pay their respective attorneys" fees.
(5) Purchaser shall pla, all, c l *
y olsing costs.
(b) Ad valorem and similar taxes and assessments, if any', relating, to the Property
shall be prorated between. Seller and Purchaser as of the Closing, based on estimates of the
amount of taxes, that will be due and payable on the Property during the calendar year in which
the Closing occurs. As soon as, the amount of ta,xes and assess ants on the!Property, for that year,
is known, Seller and Purchaser shall readjust the amount, of taxes tio be paid by each party with
the result that Seller shall pa for any taxes and assessments applicable to the Propertyup to and
including the date of Closing, and Purchaser shall pay for those taxes and assessments applicable
to the Property after the Closing. The provisions of this Section.8(b) survivethe Closing.
(c) Upon completion of the Closing and funding, Seller, shall deliver possession of
tie 'rope to Purchaser, free and clear of all tenancies of every kind.,
(d) If Purchaser is not prepared to close on or before December 31, 2013, the Closing
may be extended if agreed ton writing by the parties.
Section 91. gents. Seller and Purchaser each represent and warrant to the other that
neither has engaged the services of any agent, broker, or other similar party 'in connection with
Nis transacti on.
Section 10. Closing-Documents,. No later than two (,2) days prior to the Closing, Seller shall
deliver to Purchaser a, copy of the Special Warranty Deed, which 'is subject 'to Purchaser's
reasonable right of approval.,
61 t 3 Joe Ella Lane and 86,05 Maxk.s Lane Nature Center
Page 5 of 9
Section 11* Notices,
(a) Any not-tee under this Contract shall be in writing and shall be deemed to have
been served if(1,) delivered in person to the address set I' rth below for the party to whom the
notice it (ii) delivered in person at the Closing If that party is present at the Closing), (ili)
placed, in the Um*ted States mail, return receipt requested, addressed to such party at the address
if I I
specs led below, or (*v) deposited into the custody of Federal Express Corporation to be sent by
Fed Ex Overnight Delivery or other reputable overnight carrier, for next day delivery, addressed
to the party at the address specified below.
(b) The address of Purchaser under this Contract is
City of Fort Worth With a copy to�.-
1000 'Throckmorton Street Leann D. Guzman
Fort Worth, Texas 76102 City Attorney's Office
Attention: Cynthia Garcia City of Fort Worth
Real Property Services Division 1000 Throcki-norton
Fort Worth, Texas 76102
(c) The address of Seller under this Contract is
Glenolan Pilotte With a copy to
312 Marigold Ln Law Offices of Cole Bryan
Waco, Texas 76708 30 urnett St. Suite 160
Attention,., Margaret Joyce Hammond Fort Worth, Texas 76102
(d) From time to time either party may designate another address under this Contract
by giving the other party advance written notice of the change.
Section 12. Term i"nan"on,,Default,and Remedies.
(a) If Purchaser fails or refuses to consummate the purchase of the Property pursuant
to this Contract at the Closing for any reason other than terrnination of this Contract by Purchaser
pursuant to a right so to terminate expressly set forth in this Contract or Seller's failure to
perform Seller's, obligations under this Contract, then Seller, as Seller's sole and exclusive
remedy, shall have the right to terminate this Contract by giving written notice thereof to
Purchaser prior to or at the Closing, whereupon neither party hereto shall have any farther rights
or obligations hereunder.
(b) If Seller -fails or refuses to consurninate the sale of the Property pursuant to this
Contract at Closing or fails to perform any of Seller's other obligations heretmder either prior to
or at the Closing for any reason other than the termination of this Contract by Seller pursuant to a
ngnt so to terminate expressly set forth in this Contract or Purchaser"s failure to perform
Purchaser's obligations under this Contract then Purchaser shall have the right to terminate this
6113 Joe Ella Lane and 8605 Marks Lane Nature Center
Page 6 of 9
Contract by giving written notice thereof to Seller prior to or at the Closing and neither party
hereto shall have any ftniher rights or obligations hereunder.
Section 13. Entire Contract. This Contract contains the entire contract between Seller and
Purchaser, and no oral statements, or prior written matter not specifically incorporated herein is
of any force and effect. No! modifications are binding on either party unless, set forth m* a
document executed by that party.
Section 14. Assn This Contract inures to the benefit of and is binding on the parties and
their respective legal representatives,., successors, and assigns. Neither party may assign its
interest under-this Contract without the prior written consent of the other party.
Section 15,,, Takin2 Prior to Closi - If, prior to Closing, the Property or any portion thereof
becomes subject to a taking by virtue of eminent domain!, P'urchaser may, in Purchaser's sole,
discretion., either (1) terminate this Contract and neither party shall have any further rights or
obligations hereunder, or (1*1*) proceed with the Closing of the transaction with an adjustment in
-the Purchase Price to reflect the net square footage of the Property after the taking.
Section 16. Govern 4,ne, Law. This Contract shall be governed by and construed in
accordance with the laws of the State of Texas.
Section 17. Performance of Contract. The obligations under the terms, of the Contract are
performable 'in Tarrant County, Texas, and any and all payments under the terms of the Contract
are to be made 'in Tarrant County, Texas,
Section 18. Venue, Venue of any action brought under this Contract shall be in Tarrant
County, Texas if venue is legally proper in that County.
Section 19. Severa 0 if any provision of this Contract is held to be invalid, illegal, or
unenforceable in any respect., such invalidity, illegality, or unenforceability will not affect any
other provision, and this Contract will be construed as if such invalid, illegal, or unenforceable,
provision had never been contained herein.
Section 20. Business -0 If the Closing or the day for performance of any act required
under this Contract falls on a Saturday, Sunday, or federal or City of Fort Worth holiday, then
the Closing or the day for such performance,, as the case may be, shall be the next following,
regular business day.
Section 21. Counterparts. This Contract may be executed 'in multi IP le counterparts, each of
which will be deemed an original, but which together will constitute one instrument.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
6113 Joe Ella Lane and 86105, Marks,Lane Nature Center
Page 7 of'9
M&C Review Page 1 oft
Official site of the City of Fort orth,Texas
CITY COUNCIL AGENDA Fo,RT WO R T 11
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COUNCIL ACTION: Approved on 2/18/2014, _ Ordinance Now 21126-0!2-2014
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JOE ALL
DATE: ,2118/2014 DEFERENCE o.: **L-15660 LOG NAME: 1761,13
LANE
L TYPE: CONSENT PUBLIC 0
HEARIN G
SUBJECT.- Authorize Purchase of Property Located at 6113 Joe Ella Lane and 86015 Mars Lane
from Kernil Pilotte and Margaret'Joyce Hammond, Guardians for Glenolan Pilotte in the
Amount of'$1'75,000.00 plus Approximately $151,0010!.00 in Closing Costs, Dedicate
Property as Parkland for the Fort Worth Nature Center and Refuge and Adopt
Appropriation ord�inanoe (COUNCIL DISTRICT 7
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Park Dedication Fees Fund in the amount of$1 90,000.00 from available funds,
2. Approve the purchase of the property located at 0113, Joe, Ella Lane and 8605 Marks Lane from
Kemi'l Pilotte,, and Margaret Joyce Hammond, Guardians for Glenolan Pilotte in the amount of
$175,000.00 plus closing costs, estimated at $15,000.00;
31. Authorize the execution of the appropriate closing documents,to complete the purchase; and
4. Accept the property and dedicate the property as parkland upon acceptance.
DISCUSSION,:
The Lakeland eland Addition is a small residential neighborhood surrounded by the Fort Worth Mature
Center and Refuge. There are currently 42 privately owned properties within thiiis neighborhood area.
Over the past several years, 'the City has been aoquirin'g properties in the Lakeland subdivision as
they have become available. As the City has acquired the properties, they have been integrated into
the Fort Worth Mature Center and Refuge as endorsed in the Nature Center Master Plan approved by
City Council on June 17, 2003 (MI&C G-10008). The City has acquired 11 of the privately owned
properties in the area to date..
Staff has recently, identified another property In the Lakeland Addition that is for,~gale. This property is
an improved residential lot. Integration of this property is essential for the future development of the
Fort Worth Nature Center and refuge. The property is further described as follows:
�roba�e +� ow�ilnl
Owner ,address, Purchase Total
Prroe Costs
Kemil Pilotte 0113 Joe Ella
and Margaret Lane and 8005
Joyce Hammond, Marls $1751000.00 $15)000.00 $100,000.00
Guardians for Lane
Glenolan
Pilofte
This ,property was appraised by an independent appraiser. Staff considers the cost to be fair and
reasonable and recommends the purchase of this property.
http:/ al .cfwnet.org o u of aoko t/mo rov ow,a. "tl =:,9499&co . .o date=2/18/20 14 31412014
M&C Review Page 2 oft
In order to advance the Fort Worth Nature Center Master Plan, this purchase will be pa,id from Park
Dedication Fees interest,funds with the irate that upon the l'easing of'the minerals contained'
within the Fort Worth Nature Center and Refuge property and disitr�i'b tit ed pursuant to the current
Financial Management Policy, the funds will be reimbursed to the Park Dedication Fees Fund.
The Seller will sell the property AS IS and will' retain all mineral rights,1 but,will grant the City a surface
waiver.
'The property is located in COUNCIL DISTRICT 7, Mapsco, E.
FISCAL INF'ORMATIO,N/CER'TIFICA,Tl�ON-.
The Financial Management Services Director certifies that upon approval of the above
recommendation S and adoption of the attached appropriation ordinance,1 funds will be available in the
current capital budget, as ap ropriated, of the Park Dedication Fees Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
0281 541200 8019099901100 $1-_90 0 -001 0281 5411�00 801410027141 11910,000.,O�O
.j 01 10
C281 441012 80190,9919,011010 $191011000-00
..................-.......... ------------ ......................
Submitted for Ci a elr's Off Ic Fernando Costa (6122)
Orig in " ingli Department Head (51804)
Addiffilonall Information Contact i.--i Cynthia Garcia (8187)
ATTACHMENTS
176113 JOE ELL A LANE AO Iq chan es.dou
6113 Joe Ella Lane and 81605 Marks Lane Map,,.Pd,f
httpl-, p s.cfwii et.oirg/councill_packe�t/mc��—rev,iew.a,sp`� ,=']9499&counc11date==2/'18/2014 3/4/2014