2012-063s:1(egallour documentslordinances1121mckinney street property.doc
ORDINANCE NO. 2012-063
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A CONTRACT FOR SALE OF REAL ESTATE (THE "CONTR.ACT"), BY AND
BETWEEN THE CITY OF DENTON, TEXAS AS BUYER AND DENTON COUNTY,
TEXAS, AS SELLER, CONTEMPLATING THE SALE TO AND PURCHASE BY THE CITY
OF DENTON OF AN APPROXIMATE 2.0 ACRE TRACT OF REAL PROPERTY 1N THE
HIRAM SISCO SURVEY, ABSTRACT NO. 1184, DENTON COUNTY, TEXAS, LOCATED
GENERALLY AT THE CORNER OF MCKINNEY STREET AND OAKLAND STREET,
CITY OF DENTON, TEXAS (THE "PROPERTY"), FOR THE PURCHASE PRICE (HEREIN
SO CALLED) OF ONE MILLION AND NO/100 DOLLARS ($1,000,000.00); AUTHORIZING
THE CITY MANAGER TO EXECUTE AND DELIVER ANY AND ALL OTHER
DOCUMENTS NECESSARY TO ACCOMPLISH THE CLOSING OF THE TRANSACTION
CONTEMPLATED BY THE CONTRACT; TERMINATING THE PRIOR CONTRACT
OFFER SUBMITTED BY THE CITY OF DENTON TO DENTON COUNTY, TEXAS
RELATED TO THE PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTNE DATE.
WHEREAS, Denton County, Texas, issued Solicitation RFP 01-11-2075 (the "RFP")
regarding the proposed sale of the Property;
WHEREAS, the City responded to the RFP pursuant to Resolution No. R2011-013, dated
April 19, 2011, by submitting on or about April 29, 2011, the documents required by Denton
County, Texas, in its solicitation for bids or proposals, including without limitation, that certain
Contract for Sale of Real Estate (the "Prior Contract Offer");
WHEREAS due to the modifications of the terms of the Prior Contract Offer, as evidenced
by the Contract, the City of Denton, Texas desires to terminate the Prior Contract Offer in
accordance with its terms and the RFP; and
WHEREAS, Denton County has conducted the solicitation of the sale of the Property in
accordance with all applicable law;
WHEREAS, it is the understanding of the City of Denton that Denton County, Texas is
acceptable to the terms of the Contract and the City of Denton now desires to enter into the Contract
to purchase the Property; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute (i) the
Contract, between the City of Denton, Texas, as Buyer and Denton County, Texas, as Seller, in the
form attached hereto and made a part hereof as E�ibit "A", with the purchase price of One Million
and No/100 Dollars ($1,000,000.00), plus costs as prescribed in the Contract; and (ii) any other
documents necessary for closing of the transaction contemplated by the Contract.
SECTION 2. The City of Denton hereby ternunates the Prior Contract Offer submitted to
Denton County, Texas in accordance with the terms of the RFP and the Prior Contract Offer and
hereby authorizes the City Manager, or his designee, to forward notice of such termination to
Denton County, Texas.
SECTION 3. The City Manager is hereby authorized to make expenditures as set forth in
the Contract.
SECTION 4. The recitals provided in this ordinance, as set forth above, are expressly
adopted as findings by the City Council of the City of Denton.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
�
PASSED AND APPROVED this the � day of �i��i , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
,
BY:
APP OVED S TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �
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nenlon counly
CONTRACT �'OR SALE OF R�AL �STAT�
Bid R�P 01-i t•2075
This Contract for'Sala afReal Estatc ("Contract'� forrea! properly descrlbed herein, is hereby
madc by and cnkercd in to bctween bEN1'pN COUNTY, 'I'�XAS ("Selfer") and
G_1'C`� o� l'7�l�tTa ia ,"f K. ("Purchaser"),
ARTiCL� i,
THE �'RQPERTI'
Subject to the terms and provisldns of this Contract, Seller agrees to sell and convcyto
Purchaser, by Special Warranty and Deed, and Purchaser agrces to purchase from Scller that certaln
parce! ofreal property described'below and hercinafter refened to as the "subject�property." 7-he
subject properry Is described as folfows: '
L�GAI, DESCRTP'.ITQN: The subject is s 9,755 SF (NRA) commercial facility and sito improvemants
on 2,00 aeres {87, ] 20 SF') oFland. The property ts lopated at the southeast comer ofMc�{inney Street and
Oak Streok Thc subJeot property Is legaily described as 2,00 Acres in thc H. Cisco Survcy, Abstra�t No,
11840, City ofDenton, Denton Coun�y, Texas, �nd being further descri'hed on Exhibit "A" hereto.
This sale includes; all easements, rights ofway, licenses, rights, hereditamepts, privileges, and
lnterests in any way a�'ecting or serving any or all of tha subject property. Seller will axecu te and
�, deliver to the buyer, at closing of thc sale or thereaSer on demand, a1] proper instruments for the
conveyance of tftle, t . � � ,
A1�TICT�E II.
P�URCI�ASE PRICE
It fs understood and agreed bythe pa�ties that this eonveyance is to be made and the�urchase
priccof D�E. N'1lLL.toti.l 'DoLLArRS �,I�tD P.10 L�x� j�DoO� �OD
,�
Tho� consideration is to bc paid as fopows: five petcent {5%) o:f the entire purchasa pr(cc in
cash, to be paid in escrow as earnest maney upon execution of this contract the balance of the
purchaso pcice to ba paid at closing by purchaser,
�or the purposa of securing the performanco of the Purchaset under the terms and provisIons
�fthis Contract, Pi,uchaser, shall submit the earnest money with the bid. Tfthc Pqrchsser's bid is
accepted, Seller, w3thin (S) days from tha data khls Contract is fit]]y executad phsll deliYcr to the title
company, identified below, as Bscrow Agent, tho sum of S' �5'O, ta�Q' Eamest Money,
together wlth a copy a�' khis agrecment, On comp(etion of this sale, if consommatcd, the earnest
rnonoy and all interest accrued thereon sha11 ba credlted aga(nst tha dawn payment provided abovo,
and shall ba pald over to scller by tha eserow egent,
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� .' ' Denlon County 6id RFP 01-i 1•2075
K,, a£ter e ghty (80),daps prior Co the closing date but before
�sixty (60�� days prior Co the cl.osing da�e, � ��'�'
ARTiCL� TT�
TYTL�, SURVEX' AND TESTS
Soller, �����F}�'sXt��t�i���xF��14��tsk�%o��ntatx��e$�cgx�yc���sfxshafl
causa to be fumished to purchaser a current comm Ifinent for owner pollcy oftttla Insurance Issued by
C p, P �`1'AL. � tTLE c� '�.�A5 , describ3ng the 1and, which legaf descriptlon,
unless modlficd by the survey raferred to in thls contract shall bo deemed incorporated 3nto this
contracf, and accompanied by copiCS of all recorded instrumcnts rcferred to in the commitment as
condiilons or exceptions to title ta tha Property,
With regard to the standard prinked exceptions and other exceptions generally included in a
commitment, (i) the e• ;,eptfon for restrictiYe covenants shal l be annotatcd eithor "Nono ofRecord" or
"Nonc of Ftccord exc� �t ,..(restrfctions 1isled), "(Il) tf�a exccption for ad valarcm taxas shall reflcct
onl�taxes for the cun �ntyear and'shall ba annotated �'notyet due and payable," (iii) there shall beno
oxception'for "vlstble and apparent easements," for "publlc or private roads" or tbc llke, cxcept if
reference is made to a specified survey and a speclfied unrecorded exception shown on the survey,
(iv) there shall be no cxceptJon for "rights of pariies ln possession" and (v) the exception for area and
boundaries shall be annotafed ta shaw fhat the boundary portion of tha exception will be deleted �t
closing. ' .
Should the commitment show the condition of title to be objectionable, and In the event
purchaser so objects, Seller shall promptly andrrtake to eliminate or modify aIl sueh objectionablc
matters to the reasonable satis�'abtlon of purchaser. In tha event Selier Is unablc to do so wlthin �lb
days after recelpt of written notice, this Agreement shall be null and vold far all purposes �nd aq
carnest rnontcs praviously deposited shal! be returned by the tttle campany to Purchaser, end
thereupon both 5eller and purchaser shatl be rofoascd frnm sll obligations to each ather under this
contract; othernise the candition shall be deemed lo be ucceptable and any objection to tha conditton
shal( be dcemod to hava been waived far al] purposes,
Sellcr slso agrecs to notity Pprchsser of any tltle onaumbrances other than thosa conialned In
the contract af sale as permitted excoptlon9, and to furnish copies ofthose encumbrances, whatheror
not they are llsted ln the titie commitment,
Purchaser, at Purchaser's sole cost and expense, may order and oause to be defivered to
Purchaser and the titlo cornpany named abovo, 10 days prior to cIasing a eurrent sucvey of the
property, stafced on the graund, showing the locatian af all improvcments, highways, streets, roads,
fcnces, easemonts, drainage ditches, rights-of-way, creeks, and water eourses on or adjacent to the
property, ifany, for purposes ofdeleting from the Htle policyto be issued the printed exceprions as to
discrepartcies,,conflicts, or baundary 11ne encroachments, The survey shall contain the surveyor's
certification that there are no encroachments on the pzoperty and shall set forth the number oftota]
acres and the number ofacres comprlsfng the proporty, togcthcr with a metes and bounds description
ofthc property. 7'he tcrm "nckacres" sha(I mean the numberofacros contained �vithln the boundaries
of tho subject property, exclusivc of any Iand lying �vithin easements, right-of•way, enCroachments,
creeks, or other water courses and sha11 be calculated to.the nearest onc thousandth afan acre. The
survay report and flndings pf the suNeyor must be accepta.ble ko eseroW agent and F'urch�ser and
Initial_����
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Denlort County
satisfy all requircments of this contract.
ARTICLE 1�'',
T3EPRES�NTATIONS
Bid RFF' O i-S 1•2075
Se�f er hercby represents and warrants t� pur•chaser as follows, which rcprescnts and warranties
shal! be deemed made by seller to parchaser also as of the closing date:
• Aii property ls offered "A5 IS" WITH THE EXPRESS STn'TJLATI�N TTiAT
�AG'�i BIDDER UNDERSTAND THERE AR� NO EX�'RE5S 4�i IMP�,IED
WARRAN'i'7ES BY DENTON CQUNTY O12 TAE D�N'3'ON COUNT�
C�MNIISSIONERS CQURT, AS TO T�3E PARCEL OF R�AT.1'ROPERTY
LIST�b ABOVE, THE �'AYMENT OF AS�L AA VALO.REIVY TAXES AND
ANY �xHER ENC�MBRANC�S, X�IENS OR DTHER CAAIZGES L�'�lED
OR ASS�SSEn AGA�iST TAE AB�VE bESCRTBED pARCE� 0� REAi
PROYERTY. The successf�l bidder who purchases the above described parcel of
real property sha11 defcnd, iademnify, and savo harmlcss thc Denton County and the
� � Denton County Comm�ssioners Court from and agair►st any and all liab{lity, losses,
attorney's f ees or expcnses of �vhataver nature or character arising out of or
occasioned by anyolafm ar suit for damages, on account of injury to or death of any
person or damage to any praporly resulting from tE�e use of the property sold
hereunder, no rnatter who rnay ba using the property at the timo injury or damsges
occur. Thts indemn�ty survives thc elosing of hia transact3on;
r' There are no defaults under any existingmortgages secured by the subjoct tr�ct and no
default shall be created beeause of this sa1e;
• Thtre is na pending orthreatcncd condemnation or similar proeeeding or assassment
affccting the property or anypart of the property, nor to thc bestknowledge and belief
af Seller ls any such proceeding or assessmcnt oontempl�.ted by any govemment
autharity;
. There �re no parties In possesslon af any portSon of the property as Iessces, tcnants at
sufferance, or trespassers;
• The property has fu I! and free aceess to and from public highways, streets , or roads,
and to the best knowledg� arid belief of Seller thcrc Is no pcnding or thrcatcnod
govemmantal proceeding whlch would lmpair or result in the termination bf such
access;
• No �vorkhas bcen performed or 1s in progress by Sel ler at and no rnaterials have been
furnlshed to tha land or Lnprovernents or anyportion ofthem which might glve rfso to
mechanic's, materialmen's, or other l9ens agalnst the Iand or impravements or any
porcfon of them, •
3 Initia�.
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banlon Couny
Bid Rf P 01 •11•2075
Ifprior to tha clasing data Seller discovers one or more of such representations to be untrua or
inaccurate, Seller will inform Purchaser in writing of the discoYery. Sa(I�c'srepresenlatinns shall nat
survive the closing except ko tha extcnt tf�at 5eller has actual lcnowledgo of an untruth orinaccuraoy
and fails to raveal that knowledge to Purohascr prfor to the clasing, Notwithstandtngtho immediately
preceding sentenc�, If within 10 days fram the date this cantract is fu liy executed Sa11er gives written
not(ce that any representation is incorrect, Scller shal! notbe bound by that representation; howovor,
within 10 days after seller's dellvery ofnodcc to purchaser, Purchasermaytenninate this contract and
ali earnest monies, previously deposlted wIth the title company sha11 be immcdiatoly retumed ta
Purchaser.
ARTICLE V.
CLOSING
t�P�rAe. r�t��T*n�s-adR� +�s��A
foza W�s'r' ��k Y �g��-5�� l�t�
The clos9ng shall ba held at the office of, _p�k �f-o,J• 'i'1E.�s '7�z� t , on or
beforc _,,,_ aHr, , : ti"" ";' , or at suoh tima, date, and place es Sefler and Purchaser �
mayagree ("closing date' j. At the alosing Stller shall;
1, beliver to Purchasor a duly e:cecutcd and aelrnowledged speclal warranty deed
eonveying good snd market�ble title in fea simplato aII ofthe property, &ee and clear
of any and ell liens, oncumbrances, oondjtions, easements, assessments, and
restrictions, except;
(a) General reai astate taxcs for the year of closing snd subsequeat years not yet dua , ��
and payable; ; �. �
(b) Any exceptions approved by Purchaser pursuant to Artlele II; and
(c) Any exceptions approved by Purchaser in writing.
2, Deliver to Purchaser a Tcxas Owner's Title Policy at seller's eXpense, issued by
C f tiTPrL'T�L�o�TEkPfS .InI'urchaser'sfavorinthcfullamount
of the purchasa price, insuring Purchaser's fee simple titJe to the property subject only
to those title exceptions listed in Art3cIe VI, such other excaptians as may be
� approved En wxlting by purchaser, and the standard printed exceptions cantained in
khc usual form of Texas �wner's Title �'olicy, provided, however:
(a) The exception as to khe lien for taxes sha1J ba 1lmited io the year of clostng snd
shaEt be endorsed "not yet duo and payabic"; and
(b} The boundary and survcy exceptions shall be deleted, (f Purchaser elects to pay
for survey; and
(c) The exceptinn as to restriotive covenants shall ba endorsed "none of reeord."
�# • ; �
�ovember 29, 2012
Feb 25, 2011 A:95:5E PM CST �
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Denlon Counly
Deiiver to �'urchaser possession of the property, Purchaser shall:
etd RFP o,�i l•2or5
(a) pay in cash'the balance of the purchase price and any other costs agraed to be paid
Purchaser,
Gcncral real cstate taxes for the then currcnt year relating the property and reaks, if any, shall
be proratad as,of the closin� dato and shall be adJusted in cash at the closing. If the closing ocaurs
before the tax rate Is %ed for the next carrent year, tha appertionment of taxes shall be an the basis
ofthataxratefozfhenextprecedingyearapp(ledtatHelatestassessedvaluatfon, Sepershaflpayfor
purchaser's owner's tttla palicy, tax certificates, preparatfon af ihe deed, on-half of the escrow fea,
and the sellor's own attorney's fees, Purchascr shall pay purch�scr's survcyor and Purchascr's awn
attomey's fees, Shauld there be any title curative instrument, that instrument sha11 be prepared and
rocorded at Seller's expense..., ' �; , � , "'' • „ � , • „, , ,. '-' , , . .,
ALt'T.ICLE VI�
AUTT�OR1'TY
All'parties to this Contraat warrant and represeni that they havc tha power and autharity to
enter Into this Contractin the namas, titles, and ca.p�cities stat�d in this Contract end on behalfofany
entitfes, persons, estates, or firms represented or purportcd to bc represented by that person, and that
all�formal requirements necessary or required by any sta#a and/ar federa! Iaw in order for Seller to
ienter into this Contract have been fully complied with. Tn addition, Seller hereby warrants and
covcnants that Seller has tho power and authority #o sell tho subject property, and that Seller
rcpresents a11 persons ar parties that have any yegal or bsnefieial interest ln and to the subject property
or any part of the subject property� ,
ARTICL�'�lT,
STJRViYAL �F COV�NANTSlASSIGNMENTS
Any of tho represent�tlons, caveaants, warrantfes, and agreements of the parties, as wcil as
any rights end benefits oftheparties, that contempIa'ta performance after�the time ofClosing ofthls
Contract shall not be deemed to ba merged inta or waivcd by the Instruments of closing, but shall
expresslysurvIve and be binding on the partfes sa oblIgated, This sgreementshall be binding on and
inure to the benefit of tha respecttve heirs, successors, and asslgns of the parti es. In Ehis connection,
It (s expressly understood khatPurchaser sha)1 havo the right to transferPurehaser's cight5, pctvileges,
tltles, options, and equ3ties under this agreement pn recaiving seller's prior writtcn approval, whlch
sha(1 not bc unreasonably withheld, to any person, partnership, limited partnership, or corporation,
and, on dofng so, purchaser's asstgnae shall succeed to alJ rights, pr�vileges, tiiles, options, cguities,
obligations and llabilitics of Purchaser under thEs Contraot, both those then accrued and those
thereafter to acarue, and will be and become thc �urchaser ofthe proparty under this Contract, and
Seller wlll accept the performance by such assignee, as fu11y as if the assignce had bean initially
named ln this Contract as Purchaser,
Feb 25, 2011 473G;Gq pM C87
A�i'�'I CLE VITI,
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benlan Couny 8fd RKP 01-11•2075
NOTIC�
Any notice required or perm3tted to bo given onder this Contract by one party to the other
shalf be !n writing and shail be given and be deemed to have been served and given aa if delivered ln
person, to the address set forth helow, on fho party to whom notice is glven, ifplaced in the CJnited
Siates mail, pastage prepald, certified mail, return receipt regucsted, and addressod to the parry at thc
eddress speclfied be(ow, The address for the Se31er for sll purposes conf�ined in this agreement and
for notica under this agreement shal! be: Honors6le Mary Hom, Denton County Judge, I 14 W,
Hickory, Denton, Texas 76201, with copy to Denton County Criminal Distrfet Attorncy's Office �
Civil Divislon, 1450 E. McKinney Street, Suit� 3100, Dentbn, Texas '16209. Thc address of khe
Purc aser for al! purposes cantalned in this Contract and for al! noiiees hereundar shall
be; �AuL W i�.�t�rM5�4 !�1 �-rE� G.t�ta, I;��t���b CAS�v+�.t A�P�'rY ��Y �tti'•
q�t�A T6XAS 3z��r Ci�t A-rroR+���d���cE
p�Tt'�-o,�J�'T�Yh� '7L,Za`i ARTICLE 1X, 2l5 �. !`� �kiN+V�`l 57���.7�'
, ���e.a}'���1{D"��f4-$'jSl T�XASLAVY D�NTaN�7x� T62P1
-�'��e.a�Y� `i�-3�a�7�Z�
This Contract shal I be construed under and in accordance with tha laws bf the Stato af Texas
end eIl obligat3ons of the parties created under this Contract are �erformable In Denton County,
Texas. �'f any one or more of the prov�sions contained in this Cont�act shail for any reason be held
invalid, iliagal, or unenforceable in any respect, such invalidity, ittcga(ity, or unenfarceabillty shalf
not effect eny other provision of this Contract, and this Contract shall be construed as if such lnvalid,
illegal, or untnforceable provision had never been cantained in thfs Contract. �
� �
ARTICL� X.
PA.RTI�S BOUND
This Contract shall be binding on and fnure to the bene�t of the parties and thelr respect(Ya
heirs, exeeutors, administrators, legal represcntativ�s, successors, and assigns, where permitted by
th�s Contract,
ARTICLE XI�
TTNL� 4�' �SS�I`�'S�
Tlme is of the essence 1n thls Contract.
ARTICLE XTZ�
PRIOR AGREEMENTS SUPERSEDED
This Cnntract constitutes the sole agrecment of the parties and supersedes any prior
understandings or written or ora! agreements between tba parties respecting thc subje�t mattcr
contefne�d in the Contract
ARTICT�� XIII,
G�ND�Ft
Initial [ �-
Fel� 25, 201 i 4:3b;54 PM GSi 6
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penton Counly
61d F2FP Oi-tt•2075
Words of any gender used in thls Contract shal! be held and construed to include ar,y other
gendcr, and words In the singular number shall be held to inctade the plural, and vicc vcrs�, unJcss
the context requires otherwise,
ARTICLE XIY.
T�ADINGS
The headings contained in this Con�ract �re for reference purposcs only and shall not 1n any
way a#%ct the meaning or Interpretation of the Contract.
ARTICLE XV�
DERAULT
On faiJure of Purchaser to complete this sale for reasons other thnn thosa provided by tho
tetms of thls Contract, SeUer shall have thc right t� retain the earnest monies provipusiy psid as
reasonable and foreseeabia damages, and this Contract sF,a11 be null and void; and aIl obligations
under this Contract shail cease and terminate, �urther, If tttla to the subJect properfy is found
objectlonable and is not cleared within the tima provided above, on the fallure of any c�ndItion
preccdent, rcpresentafion, covenant, and/or warranty, or on tho failure of Seiler to comply with the
terms of this Contrac� and/ar complete this sale and purchase, I'urchaser shall, gt Purchaser's option,
be cntitled to receiva on written derriand a refund of all earnest monoy previously depo�ited or paid,
and tho escrow agent sha11 immediately retvm those deposlts, releasing Seller from any liability or
obiigation under the terms of this Cantrnct on refund of thc carnest moncy, and this Contract shall
terminatc forever, Alternatively, Purcheser, at Purchaset's electton, may enforce spccific
perFormanco of th)s Contract or be entided ta such other legal and/or equitable remedies as may ba
avallable to Purchaser. The parties hereby agree to execute and re(e�se reg�ired by tho escrow agcnt
to e#%et the refund.
ARTiCLE XVI,
Feh 25, 2D11 4:�5;64 PM CST
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Dentan Counly
TT�12E LTiY.QT
Bid ftFP 01-11-2075
In the event a fully executed copy of this Contract has not been returned to purchaser by 5:00
p.m. on March • 29 , �,201�2 purchaser shall have the right to terminate this Contract on
written notice to Seller. This Contract is executed in multiple originals, and any fully executed copy
shall constitute an original, effective as of the date and year provided below.
See nex�'page for Article �VTI, Artic].e XVIII and Article XIX.
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" s�\legal�our documents\contracts\SS\denton county lesse articles xvlf xvlll xlx version 2.doc
ARTTCT,E XVTT
ENYIRONMENTAL REVIEtiV PERIOD
Any term or provisian of fhis Contract notwithstanding, the obligations oi Puxchasex specified in
this Contract are wholly conditioned on Purchaser's having deteixnined, in Purchaser's
discretion, during the period commencing with the data this Contract is fully executed and
ending ninety (90) calendar days thereafter (the "Envixonmental Review Period"), based on tests,
examinations (including intrusive examinatior�, as deemed n.ecessary by Purchaser), studies,
investigations and izaspections of the environmental condition of the Subject Property to
deternune the existence of any environmentat hazards or conditions in any environmental media,
performed at Purchaser's soie cost, that Purchaser fmds the environmental condition of the
Subject Property suitable for Purchaser's purposes, Purchaser is herein granted the right to
conduct a physical inspection of the Subject Property, including inspections that invade the
surface and subsurface of the Subject Property. Notrvithstanding any other provision of this
Contract to the contrary, if Purchaser determines, in its sole judgment, that the environmental
condition of the Subject Pxoperty is not suitable for Purchaser's intended use or purpose,
�'urchaser may terminate this Contract by written notice to the Sellex, as soon as reasonably
practicable, but in any event prior to the expu'ation oi the Environmental Review Period, in
which case the Earnest Money will be �mmediately xaturned to Puxchaser, and neither Purchasez
nor Seller shatl have any further duties or obligations �ereunder,
In�.tia1
�.
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A.R.TZCLE XVT�
SELLER'S COVENANTS
�'rom the data of this Contract until the Closing Date, Seller shall:
(i) Not enter into any written or ozal contract, lease, easement or right of way a�reement,
conveyance or any other agreement of any kind t�vith respect to, or affecting, the Subject
Property that will not be :Fully pexformed on or befoxe the Closing Date ox �vould be
binding on Purck�aser or the Subject Property after the Closing Date,
(ii) Not sell, assign, lease or coavey any right, title or interest �vhatsoever in or to the Subject
Property, or create, or permit to exist, any lien, encumbrance, or charge thereon,
ARTICLE XIX
�RISK OF LOSS
If azay dam:age oz destruction to any �mprovement located on the Subject Praperty shall occur
pzior to the Closing.Date or if any third parry condemnation or eminent domain proceedings are
threatened or initiated that might result in tha taking of any portion of the Subject Property prior
to the Closing Date, I'urchaser may, at I'urchaser's option, do any of the follawing;
(a) Terminate this Contract and withdraw from this tzar�saction without cost, obligation or
liability, in whi,�h case the Eamest Money shall be immediately returned to Purchaser and
neither Puxchasex nor Se11er shall have any £urther duti�s or obligations hereunder; or
(b) Consummate this Contract as if such casualty loss or emi.nent domain proceeding shall
not have occurred.
Initial ��
io
EXECUTED �� , 2012,
ATTEST:
Jennifer Walters, City Secretary
By:
AP VED TO LEGAL F�RM:
Anita Burgess, City Attorney
By: �
11
PURCHASER;
,
Geo;rge . Campbell, Ci anager
SELLER;
Mary orn, D t n County Judge
"EXHIBTT A"
To
Cantract For ,5ale of Real Estate
ALL those certain lots, tracts or pai'cels of land lying and being situated the Hiram Cisco Survey, Abstract
Number 1184, in the City and County of Denton, State of Texas and being moz'e paiticularly described as follows:
Tract 1
BEING all that cet-tain lot, tract or parcel of land conveyed to Denton County, Texas from Earl L, Coleznan, and
wife, Joan Coleman, by warranty deed dated July 31, 1972 and recorded in Volume 651, Page 569, Deed Records,
Denton County, Texas;
Tract 2
BEING all that certain lot, tract or parcel of land conveyed to Denton County from E.R, Luster and vrife, Jimmie
D, Luster, by warranty deed daied January 18, 1974 and recorded in Volume 695, Page 371, Deed Records,
Denton County, Texas;
Tract 3
BE iNG all that certain lot, tract or parcel of land conveyed to Denton County from Lona M, Simpson, by
warranty deed dated September 12, 1973 and recorded in Volume 685, Page 230, Deed Records, Denton County,
Texas;
Tract 4 � �'
BEING all that certain lot, tract or parcel of land conveyed to Denton County from James A. Iv(ays and wife,
Bobbie Mays, by warranty deed dated April 30, 1974 and recorded in Volunne 705, Page 43$, Deed Records,
Denton County, Texas;
Tract 5 �
BEING all that certain lofi, txact or parcel of land conveyed to Denton County from 011ie Kerley, by warranty deed
dated September 12, 1973 and recorded in Volume 685, Page 234, Deed Records, Denton County, Texas;
Tract 6
BEING all that certain ]ot, tract or parcel of land conveyed to Denton County from A.F. Evers, Jr., by warranty
deed dated November 21, 1973 and reoorded in Volume 690, Page 704, Deed Records, Denton County, Te�as;
Tract 7
BEING all that certai:n lot, tract or pa:rcel of land conveyed to Denton County, Texas fi�om Dollie Fay Stone, by
warranty deed dated �ebruary 9, 1973 and recorded in Volunne 666, Page 505, Deed Recox•ds, Denton Counfy,
Texas;
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