Loading...
HomeMy WebLinkAbout2001-080S \Our Documents\Ordinances\01\1036 Reed Ordinance doc AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND HABITAT FOR HUMANITY OF DENTON FOR THE SALE OF CERTAIN REAL PROPERTY COMMONLY KNOWN AS 1036 REED STREET, DENTON, TEXAS, FOR USE FOR LOW TO MODERATE INCOME HOUSING, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton Police Department acquired all of that certain tract, lot or parcel of land being more particularly described as Lot 3, Block 1, of the Willowcreek Addition, an addition to the City of Denton, Texas, according to the Map or Plat thereof recorded in Volume 7, Page 20, Plat Records, Denton County, Texas, and commonly known as 1036 Reed Street, Denton, Texas (the "Property") pursuant to a forfeiture action under Chapter 59 of the Texas Code of Criminal Procedure (the "Code"), filed in the 2111h District Court of Denton County, Texas in Cause No 99-30403-211, by the State of Texas by and through the Denton County District Attorney's Office, pursuant to an agreement between the City and the District Attorney's Office, and WHEREAS, pursuant to Subsection 272 001(g) of the Texas Local Government Code the City desires to sell the Property to the Habitat for Humanity of Denton for the development of low to moderate income housing, and WHEREAS, the City Council finds that such sale serves a public purpose and therefore the Property may be sold for less then fair market value, NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager or his designee is hereby authorized to execute a Real Estate Contract between the City of Denton and the Habitat for Humanity of Denton for the sale of the Property in substantially the form of the Real Estate Contract attached to and made a part of this ordinance for all purposes SECTION 2 The City Manager or his designee is authorized and directed, after deducting expenses of acquisition and sale, to distribute the proceeds of this sale for law enforcement purposes, in accordance with Subsection (c) of Article 59 of the Texas Code of Criminal Procedure SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the oUL/Z day of � 2001 Z"VL�L &Ck— EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APP VED AS TO LEGAL FORM HERBERT L PROUTY, CITY,ATTORNEY Page 2 s\Our OocumenuWrNn,0eee\01\IOIb 0.ee4ONlmiea,Ea REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas (hereinafter referred to as "Seller") and the HABITAT FOR HUMANITY OF DENTON, a non-profit corporation (hereinafter referred to as "Purchaser), upon the terms and conditions set forth herein ARTICLE I PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land being more particularly described as Lot 3, Block 1, of the Willowcreek Addition, an addition to the City of Denton, Texas, according to the Map or Plat thereof recorded in Volume 7, Page 20, Plat Records, Denton County, Texas, and commonly known as 1036 Reed Street, Denton, Texas, together with all rights and appurtenances pertaining to the said property, including improvements, and fixtures situated on and attached to the said property (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property"), for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth ARTICLE II PURCHASE PRICE 1 Amount of Purchase Price The purchase price for the Property shall be the sum of ELEVEN THOUSAND DOLLARS AND ZERO CENTS ($11,000) (the "Purchase Price") 2 Pavment of Purchase Price The full amount of the Purchase Price shall be payable in cash at the closing Page 1 of 1 I ARTICLE III PURCHASER'S OBLIGATIONS The obligations of Purchaser heieunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing 1 Prelimmaly Title Report Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue an owner's policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights -of -way, etc , affecting the Property Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser Purchaser understands that Seller is under no obligation to cure any title defects complained of by Purchaser stated in Purchaser's written notice to Seller as provided in this paragraph In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser, at its option may elect to terminate this Agreement (in which event this Agreement shall be null and void), grant Seller additional time to cure, or proceed to closing 2 Seller's Compliance Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing ARTICLE IV REPRESENTATIONS, WARRANTIES AND CONDITIONS TO SALE AND CONVEYANCE The parties hereto understand and agree to the following 1 The Seller acquired the Property pursuant to a forfeiture action under Chapter 59 of the Texas Code of Criminal Procedure (the "Code"), filed in the 211tn District Court of Denton County, Texas in Cause No 99-30403-211, by the State of Page 2 of 11 S \Our Documents\Contracts\01\1036 Reed Sale doe Texas by and through the Denton County District Attorney's Office Because of the manner in which the Seller acquired the Property, Seller makes no warranties of title to the property 2 Seller represents and warrants that the proceeds of this sale, after deducting expenses, will be distributed for law enforcement purposes, in accordance with Sub -Article 59 06(c) of the Code 3 Purchaser is purchasing the Property, and the Property shall be conveyed and transferred to Purchaser, "AS IS, WHERE IS, AND WITH ALL FAULTS" and specifically and expressly without any warranties, representations, or guarantees, either expressed or implied, of any kind, nature, or type whatsoever from or on behalf of the Seller Purchaser acknowledges that it has not relied, and is not relying, on any information, document, sales brochures, or other literature, maps or sketches, projection, pro forma, statement, representation, guarantee, or warranty (whether express or implied, or oral or written, or material or immaterial) that may have been given or made by or on behalf of Seller 4 Purchaser shall not be entitled to, and should not rely on, Seller or its agents as to (a) the quality, nature, adequacy, or physical condition of the Property, (b) the quality, nature, adequacy, or physical condition of soils or the existence of ground water at the Property, (c) the existence, quality, nature, adequacy, or physical condition of any utilities serving the Property, (d) the development potential of the Property, its habitability, merchantability or fitness, suitability, or adequacy of the Property for any particular purpose, (e) the zoning or other legal status of the Property, (f) the Property's compliance with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions, or restrictions of any governmental or quasi -governmental entity, or of any other person or entity, (g) the condition of title to the Property, or the nature, status and extent of any right-of-way, lease, right of redemption, possession, lien, encumbrance, license, reservation, covenant, condition, restriction, or any other matter affecting title to the Property 5 SELLER HAS NOT, DOES NOT, AND WILL NOT, WITH RESPECT TO THE PROPERTY, MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED OR ARISING BY OPERATION OF LAW INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR USE OR WITH RESPECT TO THE VALUE PROFITABILITY, OR MARKETABILITY OF THE PROPERTY 6 SELLER HAS NOT, DOES NOT, AND WILL NOT, MAKE ANY REPRESENTATION OR WARRANTY WITH REGARD TO COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION, OR LAND USE LAWS, RULES, REGULATIONS, ORDERS, OR REQUIREMENTS INCLUDING, BUT NOT LIMITED TO, THOSE PERTAINING TO THE HANDLING, GENERATING, Page 3 of 11 S \Our Documents\Contracts\01\1036 Reed Sale doe TREATING, STORING, OR DISPOSING OF ANY HAZARDOUS WASTE OR SUBSTANCE 7 Purchaser has had and will have, pursuant to this Contract, an adequate opportunity to make such legal, factual, and other inquiries and investigations as it deems necessary, desirable, or appropriate with respect to the Property Such inquiries and investigations of Purchaser shall be deemed to include, but shall not be limited to, the condition of the Property, the existence of any wood -destroying organisms on the Property, such state of facts as an accurate survey and inspection would show, the present and future zoning ordinances, resolutions, and regulations of the city, county, and state where the Property is located, the availability of utilities, and the value and marketability of the Property 8 The conveyance of the Property shall contain a restrictive covenant touching and running with the land which restricts the use of the Property for a period of twenty five years for use as single family residential for low to moderate income persons Low to moderate income is defined as 80% or below the median income for the Dallas Statistical Extrapolation Area as determined by the U S Department of Housing and Urban Development The provisions of this Article shall survive closing ARTICLE V CLOSING The closing shall be held at the office of Stewart Title Company (the "Title Company"), 2442 Lillian Miller, suite 100, Denton, Texas 76205 on or before 2001 (which date is herein referred to as the `closing date") The closing date may be extended by mutual agreement of the parties ARTICLE VI CLOSING REQUIREMENTS 1 Seller's Requirements At the closing Seller shall A Deliver to Purchaser a duly executed and acknowledged Deed Without Warranty conveying all of Seller's right, title and interest in and to the Property and containing the restrictive covenant provided for in Section IV(8) above, in substantially the same form as the deed attached hereto as Exhibit "A" and made a part hereof by reference Page 4 of 11 S \Our Documents\Contracts\01\1036 Reed Sale doc B Deliver to Purchaser possession of the Property 2 Purchaser's Requirements Purchaser shall pay the Purchase Price in immediately available funds 3 Taxes Taxes for the year of closing shall be prorated as of the closing date 4 Other Closing Costs All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid in the same manner that is customary for residential transactions in Denton County Texas ARTICLE VII REAL ESTATE COMMISSION Each party represents to the other that they have not employed the services of any real estate brokers or agents in this matter Therefore, there are no real estate commissions occasioned by the consummation of this contract ARTICLE VIII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser as its sole and exclusive remedy may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to Seller ARTICLE IX BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default, Seller as its sole and exclusive remedy may enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to Purchaser ARTICLE X MISCELLANEOUS PROVISIONS 1 Assignment of Agreement This Agreement may not be assigned by Purchaser without the express written consent of Seller Page 5 of 11 S \Our Documents\Contracts\OM036 Reed Sale doe 2 Survival of Covenants Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein 3 Notice Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, by hand delivery, or by facsimile addressed to Seller or Purchaser, as the case may be, at the address or facsimile number set forth beneath the signature of the party 4 Texas Law to Apply This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas 5 Parties Bound This Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns where permitted by this Agreement 6 Legal Construction In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein 7 Prior Agreements Superseded This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter 8 Time of Essence Time is of the essence in this Agreement 9 Gender Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise 10 Compliance In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection Page 6 of 11 S \Our Documents\ContractsV\1036 Reed Sale doc 0 DATED this _Q _ day of 200' SELLER THE CI'M OF DEND BY chael W Jez CIty Mana er 215 E Mc no, ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Denton, Texas76201 Facsmile PURCHASER HABITAT FOR HUMANITY OF TEXAS BY (fill ozev v Executive Director P O Box 425 Denton, Texas 76202 Page 7 of 11 Facsimile 940-484-5006 S \Our Documents\Contracts\0I\1036 Reed Sale doe ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DENTON § This instrument was acknowledged before me on j G 2001 by Michael W Jez, City Manager of the City of De on, Texas, A behalf of said city Notary Public, in and for the $tatg of Texas / My Commission Expires 119 10 Ki, ANNFORSYTHE Notary Public, State of Texas My Commiselon Expires m MAY 9, 2002 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on Fe1j" Rater t 2 2001 by Jill Grozev, Executive Director of Habitat for Humanity of Denton, on behalf of said entity Notary Public, in and for the State ATIe My Commission Expires �.m" .� D JORGE URBINA ®n NOTARY PUBLIC STATE OF TEXAS c� My nomm Exp 06 21 2001 Page 8 of 11 S \Our Documents\Contracts\01\1036 Reed Sale doe DEED WITHOUT WARRANTY Date: September 4, 2001 Grantor: City of Denton, Texas 215 E. McKinney Denton, Texas 76201 Grantee: Habitat For Humanity Of Denton P.O. Box 425 Denton, Texas 76202 Consideration: ELEVEN THOUSAND DOLLARS AND ZERO CENTS ($11,000.00) Property: All that certain tract, lot or parcel of land being more particularly described as Lot 3, Block 1, of the Willowcreek Addition, an addition to the City of Denton, Texas, according to the Map or Plat thereof recorded in Volume 7, Page 20, Plat Records, Denton County, Texas, and commonly known as 1036 Reed Street, Denton, Texas; together with all rights and appurtenances pertaining to the said property, including improvements, and fixtures situated on and attached to the said property (the "Property"). Reservations From and Exceptions to Conveyance, and restrictive covenants: 1. All easements, rights of way, and other matters of record. 2. Grantee is purchasing the Property, and the Property is conveyed and transferred to Grantee, "AS IS, WHERE IS, AND WITH ALL FAULTS" and specifically and expressly without any warranties, representations, or guarantees, either expressed or implied, of any kind, nature, or type whatsoever from or on behalf of the Grantor. Grantee acknowledges that it has not relied, and is not relying, on any information, document, sales brochures, or other literature, maps or sketches, projection, pro forma, statement, representation, guarantee, or warranty (whether express or implied, or oral or written, or material or immaterial) that may have been given or made by or on behalf of Grantor. Page 1 S:\0ur Documents\Contracts\01\1036 Reed Deed.doc 3. Grantee shall not be entitled to, and should not rely on, Grantor or its agents as to (a) the quality, nature, adequacy, or physical condition of the Property; (b) the quality, nature, adequacy, or physical condition of soils or the existence of ground water at the Property; (c) the existence, quality, nature, adequacy, or physical condition of any utilities serving the Property; (d) the development potential of the Property, its habitability, merchantability or fitness, suitability, or adequacy of the Property for any particular purpose; (e) the zoning or other legal status of the Property; (f) the Property's compliance with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions, or restrictions of any governmental or quasi -governmental entity, or of any other person or entity; (g) the condition of title to the Property, or the nature, status and extent of any right-of-way, lease, right of redemption, possession, lien, encumbrance, license, reservation, covenant, condition, restriction, or any other matter affecting title to the Property. 4. GRANTOR HAS NOT, DOES NOT, AND WILL NOT, WITH RESPECT TO THE PROPERTY, MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED OR ARISING BY OPERATION OF LAW INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR USE OR WITH RESPECT TO THE VALUE PROFITABILITY, OR MARKETABILITY OF THE PROPERTY. 6. GRANTOR HAS NOT, DOES NOT, AND WILL NOT, MAKE ANY REPRESENTATION OR WARRANTY WITH REGARD TO COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION, OR LAND USE LAWS, RULES, REGULATIONS, ORDERS, OR REQUIREMENTS INCLUDING, BUT NOT LIMITED TO, THOSE PERTAINING TO THE HANDLING, GENERATING, TREATING, STORING, OR DISPOSING OF ANY HAZARDOUS WASTE OR SUBSTANCE. 7. Grantor acquired the Property pursuant to a forfeiture action under Chapter 59 of the Texas Code of Criminal Procedure (the "Code"), filed in the 211th District Court of Denton County, Texas in Cause No. 99-30403- 211, by the State of Texas by and through the Denton County District Attorney's Office. Because of the manner in which the Grantor acquired the Property, Grantor makes no warranties of title to the Property. 8. This conveyance is subject to a RESTRICTIVE COVENANT touching and running with the Property which restricts the use of the Property for a period of twenty five years for use as single family residential for low to moderate income persons. Low to moderate income is defined as 80% or below the median income for the Dallas Statistical Extrapolation Area as Page 2 S:\Our Documents\Contracts\01\1036 Reed Deed.doe determined by the U.S. Department of Housing and Urban Development. Should this restrictive covenant be violated, the Property shall automatically revert to Grantor without the necessity of taking any action whatsoever. Prior to such reversion the Grantee shall be given written notice of such violation and given a 60 day time period to cure prior to such reversion. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance, and restrictive covenants, conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, successors or assigns forever, without express or implied warranty; and all warranties that might arise by common law and the warranties in § 5.023 of the Texas Property Code (or its successor) are excluded. When the context requires, singular nouns and pronouns include the plural. THE CITY OF DENTON BY: Michael A. Conduff City Manager 215 E. McKinney Denton, Texas 76201 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 3 SA0ur Documents\Contracts\01\1036 Reed Deed.doc (Acknowledgment) STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me by Michael A. Conduff, CityManagerof the City of enton, Texas on behalf of said Ny on the _115�1 day of (' 2001. Notary blic, State o Texas ANN FORSYTHE z%--��` t. Notary's name (printed): li + I Notary Public, State of Texas �" My Commission Expires Notary's commission expires: E1. MAY 9, 2002 Page 4 S:\Our Documents\Contracts\01\1036 Reed Deed.doc