2015-139S: \Legal \Our Documents \Ordinances \15 \North Lakes Park Property Sale Ord.doc
ORDINANCE NO. 2015 -139
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE SALE OF AN
APPROXIMATE 1.6598 ACRE OF PARK LAND SITUATED IN THE R. BEAUMONT
SURVEY, ABSTRACT NO. 31, TO THE SUCCESSFUL PROPOSER, SSR GROUP, LP, A
TEXAS LIMITED PARTNERSHIP, FOR THE TOTAL CONSIDERATION OF $658,100.00
CONSISTING OF BOTH CASH AND REAL PROPERTY; AUTHORIZING THE CITY
MANAGER IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE 253.001 TO
EXECUTE A DEED TO SSR GROUP, LP, TOGETHER WITH ANY OTHER DOCUMENTS
NECESSARY TO SELL AND CONVEY SAID REAL PROPERTY; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public
land designated and used as a park may be used for a non -park purpose if the City Council finds
after notice and hearing that there is not feasible and prudent alternative to the use of such land
for the proposed project and the proposed project includes all reasonable planning to minimize
harm to the park resulting from such use;
WHEREAS, the City of Denton desires to abandon the use for park purposes of a 1.6598
acre portion of North Lakes Park as set forth in Exhibit "A" ( "Property ");
WHEREAS, on August 12, 2014, the City Council adopted an ordinance expressing its
desire to sell said Property and declaring it to be excess property;
WHEREAS, on November 4, 2014, and election was held in which the proposition to sell
the Property was approved by the voters;
WHEREAS, the City provided notice in the Denton Record - Chronicle on January 16,
January 21, January 28, and February 6, 2015, of a Public Hearing to be held on February 17,
2015, in the Council Chambers to consider the alternatives to the use of the Property;
WHEREAS, the City Council on February 17, 2015, received testimony at a public
hearing on the issues of no feasible and prudent alternative to the use of the Property for the
proposed project and that the project includes all reasonable planning to minimize harm to the
remaining portion of North Lakes Park;
WHEREAS, the City Council finds that the project does not fall within the purview of
Section 253.001 of the Texas Local Government Code;
WHEREAS, the City Council finds that there is no feasible and prudent alternative to the
use of the Property and that the abandonment for park purposes and proposed sale of the
Property includes all reasonable planning to minimize harm to the remainder of North Lakes
Park;
WHEREAS, the City had the Property appraised by a state - certified appraiser and the
Property was appraised at $658,096.00;
WHEREAS, the City published a Notice of Sale — Real Property Sealed Proposal Sale
( "Notice of Sale ") in the Denton Record - Chronicle for the sale of the Property on March 17,
2015 and March 24, 2015;
WHEREAS, the deadline to respond to the Notice of Sale was Thursday, April 16, 2015
at 11:00 a.m.;
WHEREAS, the City received only one response to the Notice of Sale and that was from
SSR Group, LP, a Texas limited partnership, to purchase the Property for the amount of
$658,100.00 ($586,100.00 in cash and the conveyance to the City of 0.369 acres located at 1305
Riney Road, Denton, Denton County, Texas appraised at $72,000.00 by an appraisal dated
December 3. 2014 conducted by a state - certified appraiser); and
WHEREAS, the City finds that the proposal from SSR Group, LP, meets both the
requirements set forth in the Notice of Sale and the requirements of the Local Government Code
applicable to both the sale of park property specifically and the sale of City property generally;
WHEREAS, the City further finds that it is in the best interest of the City to accept the
proposal from SSR Group, LP, to purchase the Property; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is authorized (a) to execute on behalf of
the City (i) the Contract for Sale of Real Estate, between the City and SSR Group, LP,
( "Buyer "), in the form attached as Exhibit `B" and made a part hereof, with a purchase price of
$658,100.00 ($586,100.00 in cash and the conveyance to the City of 0.369 acres located at 1305
Riney Road, Denton, Denton County, Texas appraised at $72,000.00 by an appraisal dated
December 3. 2014 conducted by a state - certified appraiser), plus costs and expenses, all as
prescribed in the Contract for Sale of Real Estate; and (ii) any other documents necessary for
closing the transaction contemplated by the Contract for Sale of Real Estate, including, but not
limited to executing a Deed Without Warranty, containing both a reservation of a 43 -wide
electric easement and a variable width water line easement, conveying the Property to Buyer, and
accepting the conveyance of 1305 Riney Road from Buyer; (b) accept payment from Buyer; and,
(c) to make expenditures in accordance with the terms of the Contract for Sale of Real Estate.
SECTION 2. The findings contained in the preamble of this ordinance are incorporated
into the body of this ordinance.
SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
Page 2 of 3
PASSED AND APPROVED this the 5 day of , 2015.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Lm
tai° PRO [ I) AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
Page 3 of 3
0
Ewa LJ
tlr,
61h
06 C3
ef.
�qfr
1 yd� n
t
z�rr g
t tis aw 04
r
Y °• 1010) -» ...... , .d,urn N,waaY
m,
� �
YJAM
(04WW44 $wow m w ara�ar �G�wrt�wwk � w
S 3 �..._�3INN0 1
......... �y w
9
k
x
;a
R,
h a.
„ d
Exhibit A (2 of 3)
DESCRIPTION OF PROPERTY SURVEYED
SITUATED in the City of Denton and being a tract of land in the ROBERT BEAUMON,T SURVEY, Abstract
No. 31, and being a portion of that certain tract conveyed to sold City of Denton byldeed recorded in
Volume 647, Page 245, of the Denton County Deed Records, and sold portion being more fully
described as follows:
BEGINNING at on "RPLS 1640" capped 5/8 "Iron rod Iound in place for the northeast corner of that
certain right -of-way for Bonnie Brae Drive conveyed to said City of Denton by instrument recorded
under Denton County Clerk's file No. 2009- 3362, said point being also in the southerly line of said City of
Denton tract (647/245) and the northerly line of that certain tract conveyed to SSR Group by
instrument recorded under Clerk's File No, 2013 - 125701;
THENCE North 0 degrees, 34 minutes, 55 seconds East wish the present east line of said Bonnie Brae
Drive, across a portion of sold City of Denton tract (647/245), 264,58 feet to an "RPLS 1640" capped
5/8" iron rod set for corner;
THENCIE Soulh 44 degrees, 25 minutes, 05 seconds Easl, departing sold east line of Bonnie Broe Street,
crossing a portion of said City of Denlon tract (647/245), 14,14 feet to an angle point, from which point
on "RPLS 1640" capped 5/8" iron rod set for reference bears North 87 degrees West, 1,11 feel;
THENCE continuing across sold City of Denton tract (647/245), the following courses and distances:
South 89 degrees, 25 minutes, 05 seconds East, 10.0 feet to an "RPL5 1640" capped 5/8"
iron rod set for the beginning of a curve whose center bears South 0 degrees, 34 minutes,
55 seconds West, 190.0 feet;
easterly with said curve, a distance of 45.36 feet to an "RPLS 1640" capped 5/8" iron rod
set for ilia end of said curve;
South 75 degrees, 45 minutes, 30 seconds East, 32.30 feet to an "RPLS 1640" capped 5/8"
Iron rod set for the beginning of a curve whose center bears North 14 degrees, 14
minutes, 30 seconds East, 200,0 feet;
easterly with said curve, a distance of 90.98 feet to an "RPLS 1640" capped 5/8" iron rod
set for the end of said curve;
North 78 degrees, 11 minutes, 30 seconds East. 44.03 feet to the beginning of a curve
whose center bears South 1 I degrees. 48 minutes, 30 seconds East, 1500,0 feel;
easterly with said curve, a distance of 329.06 feet to the end of sold curve;
South 89 degrees, 14 minutes, 20 seconds East, 42.06 feet to a point In the southerly line of
said City of Denton tract (647/245) and the northerly line of that certain tract conveyed
to the SSR Group, LP, by deed recorded under County Clerk's File No. 20113-125702;
Exhibit A (3 of 3)
c/ly of denlon page 2
THENCE South 65 degrees, 07 minutes, 15 seconds West with said southerly line of City of Denton tract
(647/245) and northerly line of sold SSR Group tract described in instrument In Clerk's File No, 2013-
125702 and continuing with the northerly line of sold SSR Group tract described in instrument In Clerk's
File No, 2013. 125701, in all 662.45 feet to the PLACE OF BEGINNING, and containing 1.6598 acres
(72,302 square feet),
This description prepared to accompany a survey map of the described tract.
The base bearing for this tract Is the bearing along the easterly One of 1 -35 nearby,
transferred to this site as a part of a uniform bearing basis for several properties.
The subject property was a part of those associated properties and the bearing
established with monumentation on this property. The noted rnonumentotlon
along 1.35 Is no longer In place at the time of this survey,
GERRY CURTIS ASSOCIATES, INC., Surveyors
TBPLS Firm No. 10081300
r
�����
Texas Rogl,atro floii No. 16,10
Exhibit ORIGINAL
Attachment C
CONTRACT FOR THE SALE OF REAL ESTATE
The City of Denton, having complied with the provisions of Texas Local Government Code 272,
regarding the sale of property by a municipality, hereby offers to enter into a contract for the sale of real
estate owned by the City, with the Purchaser. This Contract for Sale of Real Estate ( "Contract ") for real
property described herein, is hereby made by and entered in to between THE CITY OF
DENTON, TEXAS ( "Seller ") and SSR GROUP, LP, a Texas limited partnership ( "Purchaser ").
ARTICLE I. THE PROPERTY
Subject to the terms and provisions of this Contract, Seller agrees to sell and convey to Purchaser, by
Special Warranty and Deed, and Purchaser agrees to purchase from Seller that certain parcel of real
property described below and hereinafter referred to as the "subject property." The subject property is
described as follows:
LEGAL DESCRIPTION:
1.6598 Aures ladin,, "r tract daflaud rra tpac Robert Bearararorrt Survd:y., Absq�act 1�1c�IT �.. 31l and beirl Lr
dal" that ccrt airy taadt conveyLed to said City c I.,.l ur to by d tai �rcwc ar°rledl in Volume fall. Pa Lye 2745, s�[:_...
Denton oarrrt Deed lid d air w �g raer�ally loca(cd d)ri. llrg outh endot or-th L akes 11ark on the cast side ref'
Clotmiie Brae Street rabool 500' north rrf 1_1raiversit J)rive Denton l exas. BLIe tors rCes r�daf' i8,
__t Iq revision C��_� �wLrr�4 _� frr ire car "s ra�d;te� ��rLeC braaarrcl ld *�(_ es�j akiorr and
sla t td. 1 s>t1ITvd dlr,awrra of til
f't°I(ALer(;y dlrrrfis of which are attached hereto as Exhibit " "Am I". tarovrded, s itch survcyd�r"�m gggl desd )tion
Lind strr "v y cirLt � ir, g_pLq reviewed rarrdl anal Lc >ved by Cqy d 9` Dcntranmprior to d 1 Ls r m
This sale includes: all easements, rights of way, licenses, rights, hereditaments, privileges, and interests in
any way affecting or serving any or all of the subject property. Seller will execute and deliver to the buyer,
at closing of the sale or thereafter on demand, all proper instruments for the conveyance of title including
the Deed Without Warranty attached hereto as Exhibit "A ", which will reserve, if not already reserved by
separate instrument, to the City of Denton certain utility easements as attached to the Deed Without
Warranty as Exhibits "B" and "C ".
ARTICLE H. PURCHASE PRICE
It is understood and agreed by the parties that this conveyance is to be made and the purchase price of
5.586 111 JL( im iaaanaedira(el r available funds ( "" aNh l aanc� t °� to wether with conve once of xa tract cal'
ltatadl eraearlly referred to as 0, 396 acres f_. 3015 1 inn r (�ra��1,..I�cratdala, 'Icxsa thr " "C xel�at�, a "I,zact,"
such lyacch rrt ,e 1Tract valri d9 gt t1Q0.tl!11, tads rrtr„ arai�rtl r L)r t dated i ecember 3 2014. issued by
tetr•oplex µAra )raisal Network. Inc., mmsp It ( "ash L_uaadirr aaadl B R�� c laar�r Ye Traci beingµ„ ;+ 58,1010,00 ip
combined cash and fair market land value.
For the purpose of securing the performance of the Seller under the terms and provisions of this Contract,
the Purchaser shall submit the earnest money with the bid to the City of Denton. The consideration is to be
paid as follows: 1$ 0,000.00 in cash, cashier's check, or money order, to be paid in escrow as earnest
money upon submission of the bid and execution of this contract, and the balance of the purchase
price to be paid at closing by purchaser.
ARTICLE III. TITLE, SURVEY AND TESTS
All property is offered "AS IS, WHERE -IS, WITH ALL FAULTS ". 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 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 THAT IT IS NOT RELYING ON ANY INFORMATION PROVIDED OR
TO BE PROVIDED BY SELLER RELATING TO THE PROPERTY. 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. SELLER MAKES NO
REPRESENTATIONS, STATEMENTS, OR ASSERTIONS WITH RESPECT TO THE
PROPERTY CONDITION. PURCHASER TAKES THE PROPERTY UNDER THE EXPRESS
UNDERSTANDING THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES.
PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSING. IT IS UNDERSTOOD
AND AGREED THAT THE BID AMOUNT AND THE SUBSEQUENT PURCHASE PRICE
HAVE BEEN ADJUSTED 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
ITS ACCEPTANCE HEREOF.
Purchaser understands that it is their responsibility to check for (i) outstanding or pending City of Denton
Code Enforcement actions including but not limited to repair or demolition orders, (ii) roadway access to
the Property, (iii) floodplain status, (iv) zoning, and (v) all other due diligence matters or Property
conditions. Each bidder also understands that the City of Denton disclaims responsibility as to the
accuracy or completeness of any information relating to the Property for sale and the data in the public
advertisement is for information only. The transaction, to the maximum extent allowed by law, is made
on an "as -is, where is, with all faults" basis and is subject to all visible and apparent easements and any
other instruments of records.
• General real estate taxes for the year of closing and subsequent years not yet due and payable;
• (b) Any exceptions approved by Purchaser pursuant to Article II; and
• (c) Any exceptions approved by Purchaser in writing.
2. Deliver to Purchaser a Texas Owner's Title Policy at seller's expense, issued by
Title Resources, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee
simple title to the property subject only to those title exceptions listed in Article VI, such other
exceptions as may be approved in writing by purchaser, and the standard printed exceptions contained in the
usual form of Texas Owner's Title Policy, provided, however:
• The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "not yet
due and payable "; and
• (b) The boundary and survey exceptions shall be deleted, if Purchaser elects to pay for survey; and
• (c) The exception as to restrictive covenants shall be endorsed "none of record."
3. Deliver to Purchaser possession of the property. Purchaser shall:
• Pay in cash the balance of the purchase price and any other costs agreed to be paid Purchaser,
General real estate taxes for the then current year relating the property and rents, if any, shall be prorated
as of the closing date and shall be adjusted in cash at the closing. If the closing occurs before the tax rate
is fixed for the next current year, the apportionment of taxes shall be on the basis of the tax rate for the next
preceding year applied to the latest assessed valuation. Seller shall pay for purchaser's owner's title policy,
tax certificates, preparation of the deed, on -half of the escrow fee, and the seller's own attorney's fees.
Purchaser shall pay purchaser's surveyor and Purchaser's own attorney's fees. Should there be any title
curative instrument, that instrument shall be prepared and recorded at Seller's expense.
ARTICLE VI. AUTHORITY
All parties to this Contract warrant and represent that they have the power and authority to enter into this
Contract in the names, titles, and capacities stated in this Contract and on behalf of any entities, persons,
estates, or firms represented or purported to be represented by that person, and that all formal requirements
necessary or required by any state and /or federal law in order for Seller to enter into this Contract have been
fully complied with. In addition, Seller hereby warrants and covenants that Seller has the power and
authority to sell the subject property, and that Seller represents all persons or parties that have any legal
or beneficial interest in and to the subject property or any part of the subject property.
ARTICLE VII. SURVIVAL OF COVENANTS /ASSIGNMENTS
Any of the representations, covenants, warranties, and agreements of the parties, as well as any rights and
benefits of the parties, that contemplate performance after the time of closing of this Contract shall not be
deemed to be merged into or waived by the instruments of closing, but shall expressly survive and be
binding on the parties so obligated. This agreement shall be binding on and inure to the benefit of the
one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other
provision of this Contract, and this Contract shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained in this Contract.
ARTICLE X. PARTIES BOUND
This Contract shall be binding on and inure to the benefit of the parties and their respective heirs, executors,
administrators, legal representatives, successors, and assigns, where permitted by this Contract.
ARTICLE XI. TIME OF ESSENSE
Time is of the essence in this Contract.
ARTICLE XII. PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties and supersedes any prior understandings
or written or oral agreements between the parties respecting the subject matter contained in the Contract.
ARTICLE XIII. GENDER
Words of any gender used in this Contract 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.
ARTICLE XIV. HEADINGS
The headings contained in this Contract are for reference purposes only and shall not in any way affect the
meaning or interpretation of the Contract.
ARTICLE XV. DEFAULT
On failure of Purchaser to complete this sale for reasons other than those provided by the terms of this
Contract, Seller shall have the right to retain the earnest monies previously paid as reasonable and
foreseeable damages, and this Contract shall be null and void; and all obligations under this Contract shall
cease and terminate. Further, if title to the subject property is found objectionable and is not cleared
within the time provided above, on the failure of any condition precedent, representation, covenant,
and /or warranty, or on the failure of Seller to comply with the terms of this Contract and /or complete this
sale and purchase, Purchaser shall, at Purchaser's option, be entitled to receive on written demand a
refund of all earnest money previously deposited or paid, and the escrow agent shall immediately return
those deposits, releasing Seller from any liability or obligation under the terms of this Contract on refund
of the earnest money, and this Contract shall terminate forever. Alternatively, Purchaser, at Purchaser's
election, may enforce specific performance of this Contract or be entitled to such other legal and /or
equitable remedies as may be available to Purchaser. The parties hereby agree to execute and release
required by the escrow agent to effect the refund.
ARTICLE XVI. TIME LIMIT
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day
first above written.
PURCHASER: SSR GROUP, LP, a Texas limited partnership
By: SSR Group GP, LLC, a Texas limited liability company
its sole general partner
By :.
Name: l lrrlrp A Baleer
Title: Chiefl°`hr:rrlcia 011wcer,
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This 20151 b instrument A. Baker, Chief Financial Officer of SSR Group GP, LLC, �I i l�rited liability
Y of
Y p �
company, as general partner of SSR Group, LP, a Texas limited partnership, on behalf of said limited
partnership.
W4,
µDEANNA MCCLESKEY
MY COMMISSION EXPIRES Notary Public — State of ixas
Fr bow March 18, 2018
[CITY OF DENTON SIGNATURE AND ACKNOWLEDGMENT PAGE BELOW]
EXHIBIT "A"
Form of Deed Without Warranty shall be on such form
as is required by the City of Denton, with reservation
clauses for the retained 43 -foot wide electric easement
and the variable width water line easement.
EXHIBIT "D"
ADDENDUM TO CONTRACT
This is an addendum to the Contract for the Sale of Real Estate ( "Contract ") for the subject property in the
City of Denton, Texas, as more fully described in the Contract in which SSR Group is referred to as
"Purchaser" and City of Denton, Texas is referred to as "Seller ".
Purchaser and Seller acknowledge that the Contract is made in connection with that certain Notice of Sale
— Real Property Sealed Proposal Sale, Request for Proposals #5614 (the Request for Proposals, together
with all addenda thereto, the "RFP ") issued March 17, 2015 by the City of Denton Materials Management
Department. The Contract is being submitted as part of a bid by Purchaser to purchaser the subject
property, which is described in Article I of the Contract, such description to be further refined by survey.
The parties intend to preserve the substantive provisions in the unfinished draft form of the Contract that
was included in the RFP (that draft form, the "Proposed Contract Form ") while addressing minor
changes to ensure consistency between the terms of the RFP cover page instructions and the final
Contract to be submitted with Purchaser's final sealed bid, and as such, the parties have identified certain
discrepancies and have agreed to address such discrepancies as follows:
1. Deed Without Warranty. Notwithstanding references in the contract to special warranty
deed, the parties agree that title to the subject property shall be granted and conveyed from Seller to
Purchaser by a Deed Without Warranty, as provided in the RFP instructions.
2. Purchaser Pays for Title Policy. It is acknowledged that Purchaser will pay the premium
cost for title coverage as provided in the RFP instructions. Accordingly, Article V, Section 2 is hereby
amended by inserting the underlined text and deleting the strikethrough text as follows:
"The der to Purchaser shall obtain a Texas Owner's Title Policy at Purchaser's seller's
expense, issued by Title Resources..."
3. Purchaser to Deliver Deed to Exchange Tract. As permitted in the RFP, a portion of
Purchaser's consideration for the Property is the in -kind conveyance of the Exchange Property.
Accordingly, Article II of the Contract has been completed to this effect and a portion of Article V,
Section 3 is hereby amended by inserting the underlined text and deleting the strikethrough text as
follows:
"3. Deliver to Purchaser possession of the property. Purchaser shall:
Pay in cash the balance of the purchase price and any other costs agreed to be paid
Purchaser, and deliver the deed for the Exchange Tract."
4. Correction Regarding Division of Closing Costs. As instructed in the RFP, the
Purchaser may obtain at Purchaser's expense an owner's title policy and Purchaser is responsible for
researching the tax history of the Property and accordingly, a portion of Article V, Section 3 is hereby
amended by inserting the underlined text and deleting the strikethrough text as follows:
"General real estate taxes for the then current year relating the property and rents, if any,
shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the
closing occurs before the tax rate is fixed for the next current year, the apportionment of
taxes shall be on the basis of the tax rate for the next preceding year applied to the latest
assessed valuation. Seller shall pay for °r'" title �
' pok °� `" eAifieate
r
Attachment B — Conflict of Interest Questionnaire
Not Applicable to Bidder: SSR Group, LP
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other erson doing business with lo lelttal entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person Date Received
who has a business relationship as defined by Section 176.001(1 -a) with a local governmental entity and the
person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later
than the 7th business day after the date the person becomes aware of facts that require the statement to be
filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An
offense under this section is a Class C misdemeanor,
Name of person who has a business relationship with local governmental entity.
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7`h business day after the
date the originall�v filed (iovstir, nnairr, becomes inconspletc or dogaccuntic )
Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other
business relationship as defined by Section 176.001(1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary,
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from
the filer of the questionnaire?
J Yes E—J No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of
the local government officer named in this section AND the taxable income is not received from the local governmental entity? [D
...I Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
Yes EJ No
D. Describe each affiliation or business relationship.
Mn p 2015
Signature of .r on A-Ite tats .. April 1. ...'.a. -
_ _
nc s witlt the , overr5666 ztal Date
q
entity P ° 1iD A. Baker ......