2012-114s:llegal\our documentslordinances1121county property delegation ordinance.doc
oxDnvaNCE No. 2012-114
AN ORDINANCE DELEGATING AUTHORITY TO THE CITY MANAGER OF THE CITY
OF DENTON, OR HIS DESIGNEE, TO TAKE ANY ACTIONS THAT ARE TO BE, OR
MAY BE, TAKEN BY THE CITY OF DENTON UNDER THAT CERTAIN CONTRACT
FOR SALE OF REAL ESTATE ("CONTRACT"), BY AND BETWEEN THE CITY OF
DENTON, TEXAS, AS PURCHASER AND DENTON COUNTY, TEXAS, AS SELLER,
DATED MARCH 6, 2012, CITY OF DENTON ORDINANCE NO. 2012-063,
CONTEMPLATING THE SALE TO AND PURCHASE BY THE CITY OF DENTON OF AN
APPROXIMATE 2.0 ACRE TRACT OF REAL PROPERTY IN 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 ("PROPERTY"); AUTHORIZING THE CITY MANAGER OF THE CITY
OF DENTON, OR HIS DESIGNEE, TO NEGOTIATE AND AMEND THE CONTR.ACT, FOR
AND ON BEHALF OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE
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 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, the City subsequently responded to the RFP pursuant to Ordinance No.
2012-063, (i) terminating the Prior Contract Offer; and (ii) delivering the Contract, duly
authorized and executed by the City of Denton;
WHEREAS, Denton County, Texas accepted the offer of the City of Denton to purchase
the Property as evidenced by its execution, as Seller, of the Contract;
WHEREAS, the City Council of the City of Denton now desires to delegate certain
authority to act under, and authority to amend, the Contract to the City Manager of the City of
Denton, or his designee. NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council of the City of Denton hereby delegates the authority to
take any action that is to be, or may be, taken by the City of Denton under or pursuant to the
Contract to the City Manager of the City of Denton, or his designee.
S:1Legall0ur pocumentsl0rdinances1121CounTy Property Delegation Ordinance.doc
SECTION 2. The City Council of the City of Denton hereby delegates the authority to
negotiate and amend the Contract, for and on behalf of the City of Denton, to the City Manager
of the City of Denton, or his designee.
SECTION 3. 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 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the � day of � , 2012.
�
MARK . BURROUG S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
v
BY:
Page 2
s:\legal\our documents\contracts\12\denton county contract for sale-first amendment.doc
FIRST AMENDMENT TO
CONTRACT FOR SALE
OF REAL ESTATE
This First Amendment to Contract for Sale of Real Estate (the "Amendment") is entered
into and effective this aand day of May, 2012, by and between Denton County, Texas
("Seller") and the City of Denton, TeYas ("Purchaser").
WITNESSETH
WHEREAS, Purchaser and Seller entered into that certain Contract for Sale of Real
Estate, on or about March 6, 2012 (the "Original Contract"), contemplating the purchase and sale
of a certain 2.0 acre tract, more or less (the "Property"), located approximately at the southeast
corner of McKinney Street and Oak Street, in the City of Denton, Texas, said Property being
more particularly described in the Original Contract;
WHEREAS, the Contract provides, among other things, the right to the Purchaser to
perform certain tests, examinations, studies, investigations and inspections of the environmental
conditions of the Property (the "Environmental Review"), during the period commencing with
the date the Original Contract was fully executed and ending ninety (90) calendar days
thereafter, such period referred to as the "Environmental Review Period" herein and in the
Original Contract;
WHEREAS, it has corne to the attention of Purchaser and Seller that Purchaser is in need
of additional time to perform the Environmental Review; and
s:\legal\our documents\contracts\12\denton county contractfor sale-first amendment.doc
WHEREAS, the Seller is amenable to amending the Contract to provide for such
additional time to perform the Environmental Review by extending the Environmental Revietiv
Period.
NOW, THEREFORE, for and in consideration of Ten and No/100 Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged and stipulated, Seller and Purchaser hereby agree as follows:
l. Article XVII, "ENVIRONMENTAL REVIEW PERIOD", of the Original
Contract is hereby deleted in its entirety and replaced with the following:
ARTICLE XVII
ENVIRONMENTAL REVIEW PERIOD
Any term or provision of this Contract notwithstanding, the obligations of Purchaser
specified in tliis Contract are wholly conditioned on Purchaser's having determined,
in Purchaser's discretion, during the period commencing with the date this Contract
is fully executed and ending August 31, 2012 (the "Environmental Review Period"),
based on tests, examinations (including intrusive examination, as deemed necessary
by Purchaser), studies, investigations and inspections of the environmental condition
of the Subject Property to determine the existence of any environmental hazards or
conditions in any environmental media, performed at Purchaser's sole cost, that
Purchaser finds 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. Notwithstanding any other provision of this
Contract to the contrary, if Purchaser determines, in its sole judgment, that the
s:\legal\our documents\contracts\12\denton county contract for sale-first amendment.doc
environmental condition of the Subject Property is not suitable for Purchaser's
intended use or purpose, Purchaser may terminate this Contract by written notice to
the Seller, as soon as reasonably practicable, but in any event prior to the expiration
of the Environmental Review Period, in which case the Earnest Money will be
immediately returned to Purchaser, and neither Purchaser nor Seller shall have any
further duties or obligations hereunder.
2. The Seller represents and warrants to the Purchaser that it possesses the
legal authority to amend the Original Contract, as provided herein.
3. Except as expressly amended hereby, all terms and provisions of the Original
Contract shall remain valid and subsisting as originally provided therein.
Executed by Purchaser and Seller effective as of the day first set forth above.
SELLER:
Mary Horn, D
PURCHASER:
�`i`7 �1
George C. Campbell, City Manager
ATTEST:
Jennifer Walters, City Secretary
By:
s:\legal\our documents\contracts\12\denton county contract for sale-first amendment.doc
APPROVED AS TO LEGAL FORM:
Anita Burgess, City Attorney
By:
���
THE ORDER:
DENTON COUNTY
COMM[S SIONERS COURT
OS/29/2012
M �nth D�y� Year
2� vL� ,.p
Court Order Number
Approval of the Amendment to the Contract for Sale of Real Estate between Denton County, Texas,
and the City of Denton, Texas, for the sale of a certain 2.00 acre tract of land with improvements,
located at the southeast corner of McKinney Street and Oak Street in the H. Cisco Survey, Abstract No.
] 1840, in the amount of $1,000,000.00 in order to extend the Environmental Review Period, and any
appropriate action. Commissioner Precinct #4
Motion by
Countv Judee
Mary Norn
Commissioner Pct No 1 Yes �
Hugh Coleman Abstain _,
No
Absenf ^
Commissioner Pct iVo 3 Yes �
BobbieJ.Milchell Abstain _
No
A6sent
Other Action: Pulled from Consent
BY O E OF THE
Presiding Oflicer
A OVED AS T��R1
�
Assi ant isfrictAttorncy
Seconded by L Q-�
Yes %
Abstain
No
Abscnt
Commissianer Pct No 2 Yes f
Ron Marchent Abslain
No �
Absenf
Commissianer Pcl No 4 Yes !
Andy Eads Abslnin _
No
Absenf
Motion Carried "
No Action _, Postponed T
ERS COURT: ATTEST:
`�'�7,.,t ^r�� G�. Cynthia Mitchell, County Clerk
, ,-:� • ,L. 't..
,� {, � .� :;and Ex-Officio Clerk of fhe
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3 �; i�I{�e�tonCounty,Texas
�r`? ���Cf�::
9�✓` ' • �..
��jL' ��� uty County Cler
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Denloq Cnnnty Pnge 3 uj3 Prinied on S/24/1012
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