HomeMy WebLinkAboutContract 46706 CITY SECRE'T'ARY L .
CNTRACT NO.
CONTRACT OF SALE AND PURCHASE
(Sale to City of Fort Worth)
THIS CONTRACT OF SALE AND PURCHASE ("Contract") is made and
entered into by and between the CITY OF FORT WORTH, TEXAS, a home rule
Municipal Corporation of the State of Texas acting by and through its duly authorized
City Manager or Assistant City Manager ("Purchaser") and Meadowbrook United
Methodist Church, a Texas Nonprofit Corporation ("Seller") as of the date on which this
Contract is executed by the last to sign of Seller and Purchaser ("Effective Date").
RECITALS
1. Seller is the owner of_3851 Lancaster Ave, Fort Worth, Texas 76103, with a legal
description of Block 13, Lots 6,7,8,9,10,11,12,13,14,15,16,17,18,19 Beacon Hill
Addition, Fort Worth, Tarrant County, Texas consisting of approximately 1.6
acres of land together with any easements, rights-of-way, licenses, interests,
benefits, privileges and rights appurtenant thereto (collectively, the "Property").
2. Purchaser desires to acquire the Property for the construction of a library.
AGREEMENT
In consideration of the mutual covenants, representations, warranties and
agreements contained herein, and for other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, Seller and Purchaser agree as follows:
Section 1. Agreement of Sale and Purchase.
(a) Seller agrees to sell and convey the Property to Purchaser, and Purchaser
agrees to purchase and accept the Property from Seller, for 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, rights-of-way, reservations, restrictions, encroachments, tenancies,
� and any other encumbrances (collectively, the "Encumbrances") except the
m Encumbrances appearing in the Title Commitment as defined below in Section 3 and
� pp g ( )
M the survey (as defined below) that are not cured and that are subsequently waived
0
3 pursuant to Section 3 ("Permitted Encumbrances") and any express reservations
described herein.
°o (c) In Seller's conveyance of the Property to Purchaser, the following rights
N
and interests shall be reserved to Seller (or have previously been reserved by Seller's
predecessor in title), and such reservation is hereby approved for al purposes: all right,
Purchase Contract with
Meadowbrook United Methodist Church
For 3851 Lancaster Avenue OFFICIAL RECORD
Page 1 of 12 CITY SECRETARY
FT.WORTH,TX
title, and interest in and to all oil, gas, and other minerals in and under the Property, if
any. Seller waives and conveys to Purchaser the right of ingress and egress to and from
the surface of the Property relating to the portion of the mineral estate owned by Seller.
Section 2. Independent Contract Consideration, Purchase Price, and Earnest
Money.
(a) Contemporaneously with the execution of this Contract, Purchaser hereby
delivers to Seller the amount of Fifty and 00/100 Dollars ($50.00) ("Independent Contract
Consideration") which amount the parties bargained for and agreed to as consideration
for Seller's execution and delivery of this Contract. This Independent Contract
Consideration is in addition to and independent of any other consideration or payment
provided for in this Contract, is nonrefundable, and shall be retained by Seller
notwithstanding any other provision of this Contract.
(b) The purchase price ("Purchase Price") for the Property, payable by
Purchaser to Seller in cash at closing (defined below), is One Hundred and Eighty-Five
Thousand and 00/100 Dollars ($185,000.00). Seller has determined that the Purchase
Price reflects the current fair market value of the Property.
(c) Within ten (10) days after the execution and delivery of this Contract by
Seller to Purchaser, Purchaser shall deliver to title company (as defined below in) a check
payable to the order of title company or other means of funding reasonably satisfactory to
Seller earnest money in the amount of Ten Thousand and 00/100 Dollars ($10,000.00)
("Earnest Money"). Purchaser's failure to deposit the Earnest Money as provided herein
shall entitle Seller to void this Contract. The Earnest Money shall secure Purchaser's
performance of its closing obligations stated in this Contract. Title Company shall hold
the Earnest Money in escrow and deliver it in accordance with the provisions of this
Contract.
Section 3. Title Commitment and Survey.
(a) Within thirty (30) days after the Effective Date, Purchaser may obtain at
Purchaser's sole cost and expense (i) a Commitment for Title Insurance and Title Policy
("Title Commitment") from Alamo Title, attn. Lavonne Keith ("Title Company"), setting
forth the status of the title of the Property and showing all Encumbrances and other
matters, if any, relating to the Property; and (ii) a legible copy of all documents referred
to in the Title Commitment, including but not limited to, plats, reservations, restrictions,
and easements.
(b) Within twenty-five (25) days after the Effective Date, Purchaser shall
obtain, at Purchaser's sole cost and expense, an updated survey ("Survey") consisting of a
plat and field notes describing the Property, prepared pursuant to a current on-the-ground
staked survey performed by a registered public surveyor or engineer satisfactory to
Purchaser and Title Company. The Survey shall (i) be certified to Purchaser, its
Purchase Contract with
Meadowbrook United Methodist Church
For 3851 Lancaster Avenue
Page 2 of 12
successors and assigns, and Title Company, (ii) reflect the actual dimensions of and the
total number of square feet within the Property, net of any portion thereof lying within a
publicly dedicated roadway or a utility easement, (iii) identify any rights-of-way,
easements, or other Encumbrances by reference to applicable recording data, and (iv)
include the Surveyor's registered number and seal, and the date of the Survey. 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 requires a legal description of the Property.
(c) If the Title Commitment or Survey discloses any Encumbrances or other
matters that are not acceptable to Purchaser in Purchaser's sole discretion, then Purchaser
shall give Seller written notice thereof within fifteen (15) days after receipt of the Title
Commitment, Survey and all documents referred to in the Title Commitment, specifying
Purchaser's objections ("Objections"), if any. If Purchaser gives such notice to Seller,
Seller shall use its best efforts to cure the Objections, but shall be under no obligation to
do so.
(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 from Purchaser ("Cure Period"), Purchaser
shall have the right either (i) to terminate this Contract by giving written notice thereof to
Seller at any time after the expiration of such Cure Period but prior to the expiration of
the option period (as defined below), and, upon such termination, Purchaser shall be
entitled to the return of the Earnest Money, and 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 Permitted Encumbrances.
Notwithstanding 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, then 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.
Section 4. Review Reports. Within ten (10) days after the Effective Date, Seller
shall deliver to Purchaser for Purchaser's review any environmental or engineering
reports and studies in Seller's possession concerning the Property ("Reports")
Section 5. Representations, Warranties, "AS IS"
(a) EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT,
PURCHASER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT
MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS
ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS,
AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER
WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN,
PAST, PRESENT OR FUTURE, OF, AS, TO CONCERNING OR WITH
RESPECT TO (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE
PROPERTY INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND
Purchase Contract with
Meadowbrook United Methodist Church
For 3851 Lancaster Avenue
Page 3 of 12
GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C)
THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES
AND USES WHICH PURCHASER MAY CONDUCT THEREON, (D) THE
COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY
LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE
GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY,
MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER OR
QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY,
INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY,
STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (H) ANY
OTHER MATTER WITH RESPECT TO THE PROPERTY, AND
SPECIFICALLY, THAT SELLER HAS NOT MADE, DOES NOT MAKE AND
SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING
COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION
OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OF
REQUIREMENTS, INCLUDING SOLID WASTE, AS DEFINED BY THE U. S.
ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R.,
PART 261, OR THE DISPOSAL OR EXISTENCE IN OR ON THE PROPERTY,
OF ANY HAZARDOUS SUBSTANCE, AS DEFINED BY THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND
LIABILITY ACT OF 1980, AS AMENDED, AND REGULATIONS
PROMULGATED THEREUNDER. PURCHASER FURTHER
ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE
OPPORTUNITY TO INSPECT THE PROPERTY, PURCHASER IS RELYING
SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY AND NOT ON
ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER. AS A
MATERIAL PART OF THE CONSIDERATION FOR THIS AGREEMENT,
SELLER AND PURCHASER AGREE THAT PURCHASER IS TAKING THE
PROPERTY "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS
AND THAT THERE IS NO WARRANTY BY SELLER THAT THE PROPERTY
IS FIT FOR A PARTICULAR PURPOSE. PURCHASER ACKNOWLEDGES
THAT IT IS NOT RELYING UPON ANY REPRESENTATIONS, STATEMENTS,
ASSERTIONS OR NON-ASSERTIONS BY THE SELLER WITH RESPECT TO
THE PROPERTY CONDITION, BUT IS RELYING SOLELY UPON ITS
EXAMINATION OF THE PROPERTY. PURCHASER TAKES THE PROPERTY
UNDER THE EXPRESS UNDERSTANDING THERE ARE NO EXPRESS OR
IMPLIED WARRANTIES (EXCEPT FOR LIMITED WARRANTIES OF TITLE
SET FORTH IN THE CLOSING DOCUMENTS). UPON CONVEYANCE, AS
BETWEEN SELLER AND PURCHASER, THE RISK OF LIABILITY OR
EXPENSE FOR ENVIRONMENTAL PROBLEMS AFFECTING THE
PROPERTY, EVEN IF ARISING FROM EVENTS BEFORE CLOSING, WILL
BE THE SOLE RESPONSIBILITY OF PURCHASER, REGARDLESS OF
WHETHER THE ENVIRONMENTAL PROBLEMS WERE KNOWN OR
UNKNOWN AT CLOSING. ONCE CLOSING HAS OCCURRED, PURCHASER
Purchase Contract with
Meadowbrook United Methodist Church
For 3851 Lancaster Avenue
Page 4 of 12
INDEMNIFIES, HOLDS HARMLESS AND RELEASES SELLER FROM
LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE
PROPERTY, INCLUDING, BUT NOT LIMITED TO, UNDER THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND
LIABILITY ACT ("CERCLA"), THE RESOURCE CONSERVATION AND
RECOVERY ACT (RCRA), THE TEXAS SOLID WASTE DISPOSAL ACT OR
THE TEXAS WATER CODE. PURCHASER INDEMNIFIES, HOLDS
HARMLESS AND RELEASES SELLER FROM ANY LIABILITY FOR
ENVIRONMENTAL PROBLEMS OR CONDITIONS AFFECTING THE
PROPERTY ARISING AS THE RESULT OF SELLER'S OWN NEGLIGENCE
OR THE NEGLIGENCE OF SELLER'S REPRESENTATIVES, BUT NOT ANY
WILLFUL ACTS OR OMISSIONS OR GROSS NEGLIGENCE OF SELLER OR
SELLER'S REPRESENTATIVES. PURCHASER INDEMNIFIES, HOLDS
HARMLESS AND RELEASES SELLER FROM ANY LIABILITY FOR
ENVIRONMENTAL PROBLEMS OR CONDITIONS AFFECTING THE
PROPERTY ARISING AS A RESULT OF THEORIES OF PRODUCTS
LIABILITY AND STRICT LIABILITY, OR UNDER NEW LAWS OR CHANGES
TO EXISTING LAWS ENACTED AFTER CONVEYANCE DATE THAT
WOULD OTHERWISE IMPOSE ON SELLER IN THIS TYPE OF
TRANSACTION NEW LIABILITIES FOR ENVIRONMENTAL PROBLEMS OR
CONDITIONS AFFECTING THE PROPERTY. PROVISIONS OF THIS
SECTION SHALL SURVIVE THE CLOSING. IT IS UNDERSTOOD AND
AGREED THAT THE PURCHASE PRICE HAS BEEN ADJUSTED BY PRIOR
NEGOTIATION TO REFLECT THAT ALL OF THE PROPERTY IS SOLD BY
SELLER AND PURCHASED BY PURCHASER SUBJECT TO THE
FOREGOING. PURCHASER ACKNOWLEDGES AND ACCEPTS ALL THE
TERMS AND PROVISIONS BY HIS ACCEPTANCE HEREOF.
b. The provisions of Section 5(a) shall be incorporated into the Deed.
C. The provisions of Section 5(a) shall survive the closing (as defined below).
Section 6. Option Period.
(a) Notwithstanding anything to the contrary contained in this Contract, until
Ninety (90) days after the Effective Date ("Option Period"), the following is a condition
precedent to Purchaser's obligations under this Contract:
Purchaser being satisfied in Purchaser's sole and absolute discretion that
the Property is suitable for Purchaser's intended uses, including, without
limitation, Purchaser being satisfied with the results of the Tests (defined
in Section 7 below).
Purchase Contract with
Meadowbrook United Methodist Church
For 3851 Lancaster Avenue
Page 5 of 12
(b) If Purchaser is not satisfied in Purchaser's sole and absolute discretion as
to the condition precedent described in Section 6(a) above, Purchaser may give written
notice thereof to Seller on or before the end of the Option Period, whereupon this
Contract shall terminate. Upon such termination, Purchaser shall be entitled to the return
of the Earnest Money and neither party shall have any further rights or obligations under
this Contract.
(c) If Purchaser does not terminate this Contract prior to the expiration of the
Option Period, then the Earnest Money shall become non-refundable to Purchaser except
in the event of Seller's default in the performance of Seller's obligations under this
Contract, and Title Company shall release the Earnest Money to Seller at any time
thereafter upon request by Seller.
(d) The provisions of this Section 6 control all other provisions of this
Contract.
(e) The parties agree that the Option Period will not be extended upon
expiration without a written amendment signed by both parties.
Section 7. 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 borings, soil analyses, and other tests, studies and surveys, including without
limitation, environmental and engineering tests, borings, analyses, site assessments, and
studies ("Tests). Any Tests shall be conducted at Purchaser's sole risk and expense, and
Purchaser agrees to indemnify and defend Seller and the Property from any liens and
claims resulting from such Tests. The Property will be restored by Purchaser to its
original condition at Purchaser's sole expense following any site work. In the event this
transaction does not close for any reason whatsoever, the Purchaser shall release to Seller
any and all independent studies or results of Tests obtained during the Option Period.
Section 8. Closing
The closing ("Closing") of the sale of the Property by Seller to Purchaser shall occur
through the office of the Title Company, no later than July 30, 2015.
Section 9. Closing.
(a) At the Closing, all of the following shall occur, all of which are deemed
concurrent conditions:
(1) Seller, at Seller's sole cost and expense, shall deliver or cause to be
delivered to Purchaser the following:
(i) A Special Warranty Deed ("Deed"), fully executed and
acknowledged by Seller, conveying to Purchaser good and
Purchase Contract with
Meadowbrook United Methodist Church
For 3851 Lancaster Avenue
Page 6 of 12
indefeasible fee simple title to the Property subject to existing
easements, rights-of-way, and prescriptive rights, whether of
record or not, with the precise form of the Deed to be determined
pursuant to Section 11 below;
(ii) Any other instrument or document necessary for Title
Company to issue the Owner Policy in accordance with Section
9(a)(3) below.
(2) Purchaser, at Purchaser's sole cost and expense, shall deliver or
cause to be delivered to Seller through the Title Company federally wired
funds or such other means of funding acceptable to Seller, in an amount
equal to the Purchase Price, adjusted for closing costs and prorations.
(3) The Title Company shall issue to Purchaser, at Purchaser's sole
cost and expense, a Texas Owner Policy of Title Insurance ("Owner
Policy") issued by Title Company in the amount of the Purchase Price
insuring that, after the completion of the Closing, Purchaser is the owner
of indefeasible fee simple title to the Property, subject only to the
Permitted Encumbrances, and the standard printed exceptions included in
a Texas Standard Form Owner Policy of Title Insurance; provided,
however, the printed form survey exception shall be limited to "shortages
in area," the printed form exception for restrictive covenants shall be
deleted except for those restrictive covenants that are Permitted
Encumbrances, there shall be no exception for rights 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) The Earnest Money (including any Additional Earnest Money)
shall be applied to the Purchase Price at Closing.
(5) Seller and Purchaser shall each pay their respective attorneys' fees.
(6) Except as otherwise provided herein, all costs and expenses in
connection with Closing shall be paid or borne by Purchaser
including without limitation, Title Company attorney and escrow
or settlement fees, costs of tax certificates, survey costs, and title
insurance policy 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 taxes and
assessments on the Property for that year is known, Seller and Purchaser shall readjust
Purchase Contract with
Meadowbrook United Methodist Church
For 3851 Lancaster Avenue
Page 7 of 12
the amount of taxes to be paid by each party with the result that Seller shall pay for any
taxes and assessments applicable to the Property up 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 9(b) survive the Closing.
(c) Upon completion of the Closing, Seller shall deliver possession of the
Property to Purchaser, free and clear of all tenancies of every kind.
Section 10. Agents. Seller and Purchaser each represent and warrant to the
other that it has not engaged the services of any agent, broker, or other similar party in
connection with this transaction.
Section 11. Closing Documents. No later than fifteen (15) 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.
Section 12. Notices.
(a) Any notice under this Contract shall be in writing and shall be deemed to
have been served if(i) delivered in person to the address set forth below for the party to
whom the notice is given, (ii) delivered in person at the Closing (if that party is present at
the Closing), (iii) placed in the United States mail, return receipt requested, addressed to
such party at the address specified below, (iv) deposited into the custody of Federal
Express Corporation to be sent by FedEx Overnight Delivery or other reputable overnight
carrier for next day delivery, addressed to the party at the address specified below, or (v)
telecopied to the party at the telecopy number listed below, provided that the transmission
is confirmed by telephone on the date of the transmission.
(b) The address of Purchaser under this Contract is:
City of Fort Worth With a copy to:
1000 Throckmorton Street Leann Guzman
Fort Worth, Texas 76102 City Attorney's Office
Attention: Neighborhood Services City of Fort Worth
Cynthia Garcia 1000 Throckmorton
Telephone: 817-392-8187 Fort Worth, Texas 76102
Fax (817) 392-8361 (817) 392-8973
Fax (817) 392-8359
Purchase Contract with
Meadowbrook United Methodist Church
For 3851 Lancaster Avenue
Page 8 of 12
(c) The address of Seller under this Contract is:
Meadowbrook United Methodist Church
3900 Meadowbrook Drive
Fort Worth, Texas 76103-2602
(d) From time to time either party may designate another address or telecopy
number under this Contract by giving the other party advance written notice of the
change.
Section 13. Termination, 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 termination 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 further rights or obligations hereunder, and Title Company
shall deliver the Earnest Money to Purchaser.
(b) If Seller fails or refuses to consummate the sale of the Property pursuant to
this Contract at Closing or fails to perform any of Seller's other obligations hereunder
either prior to or at the Closing for any reason other than the termination of this Contract
by Seller pursuant to a right 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 Contract by giving written notice thereof to Seller
prior to or at the Closing whereupon the Earnest Money shall be returned to Purchaser
and neither party hereto shall have any further rights or obligations hereunder.
(c) If Purchaser becomes entitled to the Earnest Money upon cancellation of
this Contract in accordance with its terms, Seller covenant and agree to deliver a letter of
instruction to the Title Company directing disbursement of the Earnest Money to the
party entitled thereto.
Section 14. Entire Contract. This Contract (including the attached exhibits)
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 in a document executed by that
party.
Section 15. Assigns. This Contract inures to the benefit of and is binding on the
parties and their respective legal representatives, successors, and assigns. Any attempted
assignment shall be void.
Purchase Contract with
Meadowbrook United Methodist Church
For 3851 Lancaster Avenue
Page 9 of 12
Section 16. Time for Execution. If Purchaser has not executed and returned a
fully executed original of this Contract to Purchaser by 5:00 p.m., Fort Worth, Texas time
on May 31, 2015, the offer of this Contract shall be automatically revoked and
terminated.
Section 17. Time of the Essence. It is expressly agreed that time is of the
essence with respect to this Contract.
Section 18. Taking Prior to Closing. If, prior to Closing, the Property or any
portion thereof becomes subject to a taking by virtue of eminent domain, Purchaser may,
in Purchaser's sole discretion, either (i) terminate this Contract whereupon the Earnest
Money shall be returned to Purchaser, and neither party shall have any further rights or
obligations hereunder, or (ii) 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 19. Governing Law. This Contract shall be governed by and construed in
accordance with the laws of the State of Texas.
Section 20. 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 21. Venue. Venue of any action brought under this Contract shall be in
Tarrant County, Texas if venue is legally proper in that county.
Section 22. Severability. 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 23. Business Days. If the Closing or the day for performance of any act
required under this Contract falls on a Saturday, Sunday, or legal holiday for the City of
Fort Worth or federal holiday, then the Closing or the day for such performance, as the
case may be, shall be the next following regular business day.
Section 24. Multiple Counterparts. This Contract may be executed in any
number of identical counterparts. If so executed, each of such counterparts is to be
deemed an original for all purposes, and all such counterparts shall, collectively,
constitute one agreement, but, in making proof of this Contract, it shall not be necessary
to produce or account for more than one such counterpart. .
Purchase Contract with
Meadowbrook United Methodist Church
For 3851 Lancaster Avenue
Page 10 of 12
This Contract is executed as of the Effective Date.
PURCHASER: CITY OF FORT WORTH,
TEXAS
By: 75iv-Z�
Fernando Costa
Assistant City Manager
Date: g1- 21711S
tt s QF FO
°
ity Secretary t�$ 00
o�
M&C L-15776
Date: 5-19-2015
Approved as to Legality and Form
Assistant City Atto ney
SELLER:
Meadowbrook United Methodist Church
B :
Y
Name: . )?,- ,, �. GJood
Title: ;,.
Date: 511
Purchase Contract with OFFICIAL RECORD
Meadowbrook United Methodist Church
For 3851 Lancaster Avenue CITY SECRETARY
Page 11 of 12 FT. WORTH, TX
By its execution below, Title Company acknowledges receipt of the Earnest Money
described in this Contract and agrees to hold and deliver the same and perform its other
duties pursuant to the provisions of this Contract.
TITLE COMPANY:
By:
Name: Lavonne S. Keith
Title:
Date:
Phone: 817-921-1215
Fax: 817-370-6131
Purchase Contract with
Meadowbrook United Methodist Church
For 3851 Lancaster Avenue
Page 12 of 12
M&C Review Page I of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoR�m
COUNCIL ACTION: Approved on 5/19/2015 -Ordinance No. 21749-05-2015
DATE: 5/19/2015 REFERENCE **L-15776 LOG NAME: 17NS 3851 ELANCASTER
NO..
CODE: L TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Acquisition of Approximately 1.6 Acres of Land Located at 3851 E. Lancaster
Avenue from Meadowbrook United Methodist Church for the Development and
Construction of a New Library in the Amount of$185,000.00 Plus $20,000.00 for Closing
Costs and Adopt Appropriation Ordinance (2014 BOND PROGRAM) (COUNCIL DISTRICT
8)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
General Capital Projects Fund in the amount of$64,414.31 from available funds for acquisition of land for
the development and construction of a new library;
2. Authorize the acquisition of approximately 1.6 acres of land located at 3851 E. Lancaster Avenue from
Meadowbrook United Methodist Church in the amount of$185,000.00 plus $20,000.00 for closing costs,
for the development and construction of a new library; and
3. Authorize the acceptance and recording of the appropriate instruments.
DISCUSSION:
The 2014 Bond Package approved by the citizens of Fort Worth included funds to construct a new library
on the East side of Fort Worth. After careful consideration, the Lancaster location was chosen due to the
proximity to residential and commercial property and because this location provides the best access for
citizens.
Staff recommends acquiring the approximate 1.6 acres of land located at 3851 E. Lancaster Avenue from
Meadowbrook United Methodist Church for the development and construction of the new library. The
process to select an architect to design the library will begin in the fall of 2018. Construction is anticipated
to be started in the fall of 2019, with a tentative opening for the library in the spring/summer of 2021.
The total purchase price of the property is in the amount of$185,000.00 and an additional amount of
$20,000.00 for closing costs.
Fund Existing Additional Total To Date Projected Remaining
FY2015 Appropriations Appropriations Encumb./Expenditure Balance
Appropriations
General
Capital
Projects
Fund $ 0.00 $64,414.31 $ 64,414.31 $ 64,414.31 $ 0.00
2014 1 - 1 1
httn://anns.cfwnet.oriz/council nacket/mc review.asp?ID=21024&councildate=5/19/2015 5/21/2015
M&C Review Page 2 of 2
Bond
Program $305,000.00 $ 0.00 $3,252,000.00 $140,585.69 $3,111,414.31
Project
Total $305,000.00 $64,414.31 $3,316,414.31 $205,000.00 $3,111,414.31
The 2014 Capital Improvement Program (CIP) includes funding for the Eastside Library in the amount of
$3,252,000.00, of which $305,000.00 has been appropriated for Fiscal Year 2015. Funds are included in
the Fiscal Year 2015 Adopted Budget of the 2014 Bond Program, pursuant to Ordinance No. 21457-09-
2014 and funds are available in the General Fund to pay expenses which will be incurred until
reimbursement can occur from the issuance of public securities.
This property is located in COUNCIL DISTRICT 8, Mapsco 78H.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are included in the Fiscal Year 2015
Adopted Budget of the 2014 Bond Program pursuant to Ordinance No. 21457-09-2014 and funds are
available in the General Fund to pay for expenses which will be incurred on this contract until
reimbursement can occur from the issuance of public securities and that funds are available, as
appropriated, of the current capital budget in the 2014 Bond Program. The Financial Management
Services Director also certifies that funds are available in the General Capital Projects Fund for the
Eastside Library Project as illustrated in the table below:
Revenue Appropriation Remaining
from from M&C
Legacy
Funds
$64,414.31 $64,414.31 $0.00
TO Fund/Account/Centers FROM Fund/Account/Centers
1)C301 476065 848840249940 $64,414.31 2) C301 541100 848840249940 $64,414.31
1) C301 541100 848840249940 $64.414.31 2) C210 541200 208840249980 $120.585.69
2) C210 539120 208840249980 $20,000.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Cynthia Garcia (8187)
Additional Information Contact: Sarah Odle (7316)
ATTACHMENTS
17NS 3851 ELANCASTER C301 A015.docx
3851 E. Lancasterl.pdf
http://apps.cfwnet.org/council_packet/mc__review.asp?ID=21024&councildate=5/19/2015 5/21/2015