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1997-04-21
r City of Southlake,Texas SOUTHLAKE PARKS DEVELOPMENT CORPORATION Monday, April 21, 1997 6:00 p.m. LOCATION: City Hall, Council Chambers 667 North Carroll Avenue * Southlake, Texas AGENDA: 1. Call to order. 2. Approval of the February 17, February 18, and March 17, 1997 meetings Minutes. 3. Executive Session: Pursuant to Open Meeting Act, Chapter 551 of the Texas Government Code, Section 551.072, land acquisition. 4. Reconvene: Action Necessary on Items Discussed in Executive Session 5. Consider: Purchase of Tract 1 out of the J.G. Allen Survey, Abstract 18 (R.E. Smith property) 6. Discussion: Status of SPDC projects 7. Consider: Bob Jones Park construction budget allocations 8. Consider: Appointment of selection committee for Bicentennial Park, Phase II Design Team 9. Consider: Project and Community Matching Fund Request Policy and Procedure 10. Consider: Keep Southlake Beautiful waterscape project funding 11. Adjournment CERTIFICATE I hereby certify that the above agenda was posted on the Official Bulletin Boards at City Hall, 667 North Carroll Avenue, and 1725 E. Southlake Boulevard, Southlake, Texas, on Friday, April 18, 1997 at 6:00 p.m. pursuant to the Twstilitowygunent Code, Chapter 551. Sandra L. LeGrand City Secretary 0 ‘i *4, If you plan to attend this meeting and have a disabili t requrr* al needs,please advise the City Secretary 48 hours in advance at 481-5581, extension 704, and reason odations will be made to assist you. D:IWP-F1LES\SPDCIAGENDASI9"'-4-21.WPD SOUTHLAKE PARK DEVELOPMENT CORPORATION MEETING 667 North Carroll Avenue Southlake, Texas 76092 April 21, 1997 MINUTES MEMBERS PRESENT: W. Ralph Evans, Vice-President. Members: Rick Stacy, Scott Martin, Pamela Muller and Ronnie Kendall. MEMBERS ABSENT: David Yelton and Carol Lee Hamilton. STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Yelverton, Assistant City Manager; Kim Lenoir, Director of Parks & Recreation; Sandra L. LeGrand, City Secretary and Eddie Cheatham, Cheatham and Associates, consultant. Agenda Item #1. Call to Order Vice President Ralph Evans called the meeting to order at 6:05 p.m. A quorum was present. Agenda Item #2. Approval of the February 17. February 18 and March 17, 1997 meetings Minutes Ronnie Kendall asked to delete the wording "for approximately 86 additional" from the March 17, 1997 minutes on page 2, last paragraph, and to correct the minutes to read, "$100,000 for parking places ..." since the intent was to get as many parking places as possible for $100,000. A motion was made to accept the March 17, 1997 meeting minutes with the change as noted. Motion: Pamela Muller Second: Scott Martin The motion was modified to approve the February 17, February 18 and March 17, 1997 minutes to include the removal of "for approximately 86 additional" [from the March 17, 1997 minutes, page 2]. Motion: Pamela Muller Second: Scott Martin Ayes: Evans, Martin, Muller, Kendall, and Stacy Nays: None Approved: 5-0 vote Agenda Item #3, Executive Session: Pursuant to Open Meetings Act, Chapter 551 of the Texas Government Code, Section 551.072, land acquisition and Agenda Item #4, Reconvene: Action Necessary/Executive Session Vice-President Evans announced there was no need for an executive session at this time. Agenda Item #5. Consider: Purchase of Tract 1 out of the J.G. Allen Survey, Abstract 18 (R.E. Smith property) (Tape section 156) Assistant City Manager Shana Yelverton presented this item. She reviewed the layout of the property, identifying the school site and the 13 acre tract the City is concerned with as a joint utilization property. Yelverton, Curtis Hawk and Kevin Hugman (Assistant to the City Manager) recently met with the new Keller ISD Superintendent to discuss the City's potential purchase of this property. KISD is amenable to working with the City on joint use at this site. In fact, the superintendent commented that once the purchase of the property is finalized and the concept plan is put together he would readily approve it. The property was appraised at $30,000 per acre. The terms of the contract state that Mr. Smith will sale the property at $28,000 per acre, for a total of$368,480. A house is situated on the property and is currently leased. The lease on the home, as well as the grazing pasture lease, will be assigned to the City. The wood frame home could possibly be used for meetings, such as Girl Scouts, etc. Ms. Yelverton pointed out two other terms of the contract, which are included in "Exhibit B" of the contract document presented to the SPDC. Item #3 states that if Mr. Smith sells this property to the City, the City must agree to name the park after his mother and father, Royal and Annie Smith. The other term Yelverton mentioned was Mr. Smith's request that the park facility be developed without intense lighting. Yelverton said Mr. Smith agreed that future park facilities on this property would be developed in accordance with the Neighborhood Park Guidelines, included in the Park, Recreation and Space Master Plan, which currently provide that no lighted facility, in terms of games or baseball fields, are included in neighborhood parks (Item #4 of Exhibit B). City Council approved the contract at the April 15, 1997 Council meeting, subject to the SPDC approval. The committee discussed the contract. Scott Martin questioned where the funds would come from for the purchase. Curtis Hawk explained that money is budgeted for property acquisition at West Beach ($1,000,000) and the Brunson ($800,000) piece. Once these purchases are complete, there should be funds which could be used to purchase the Smith property. Also, the City is expecting to receive grant funds for West Beach. Funds allocated for land acquisitions in general will be utilized until depleted. If there is still more land to be purchased after these funds are spent, SPDC will approve more funds out of the Contingency Fund. SPDC MINUTES -- REGULAR MEETING ON APRIL 21, 1997 PAGE 2 OF 8 Mr. Hawk mentioned that this project will give the City of Southlake its first joint use contract with Keller ISD. A motion was made to approve the purchase of Tract 1, of the J.G. Allen Survey, Abstract No. 18, the R.E. Smith property. Motion: Martin Second: Kendall Ayes: Evans, Martin, Muller, Kendall, and Stacy Nays: None Approved: 5-0 vote Agenda Item #6. Discussion: Status of the SPDC projects (Tape section 127) Parks and Recreation Director Kim Lenoir reported on the projects listed on the Capital Projects Status Report dated April 16, 1997 and the map of West Beach (attached to minutes) with SPDC members. The Report details the progress on Bicentennial Park, Bob Jones Park, the ISTEA Grant/Cottonbelt Hike and Bike Trail, joint-use projects, Neighborhood Parks, Continental Trail development, the Matching Funds/Community Groups, Special Projects/Renovations of City- owned homes and the Reserve Fund. Mr. Hawk mentioned that since the map was generated, the City has acquired a few more lots. Scott Martin asked about the house situated on the four parcels (Block 18, Lots 11, 12, 13, and 14) of land in the Bob Jones Park area. Mr. Hawk said the house sits on Lot 12 and that there is not a road to it. Mr. Martin asked about the type of foundation the house had and if the house could possibly be moved to be used by the Nature Center for temporary storage? Martin will check with Dee Ekstrom regarding this matter. SPDC members discussed the status of land acquisition for Bob Jones Park. Mayor Stacy asked if the City had a Project Manager or someone working on the acquisition of lots for the Park. Mr. Hawk and Dee Ekstrom are pursuing the purchases. Until the bonds were released, there were limited funds available to purchase the lots. Since the bonds were sold, however, the City is actively pursuing the acquisitions. Letters were mailed to all the property owners two weeks before the new bonds were sold. Responses have been received from most of the owners. Mr. Hawk reported that about 80% of the lots indicated as private-owned properties are in negotiations currently. A list is being prepared of the lots which will require condemnation. Mr. Hawk explained policies regarding delinquent taxes sales, price structures and procedures used to acquire the lots. Mr. Hawk said the City will proceed with the construction of the soccer fields regardless of the status of the purchases/condemnations of those lots involved. SPDC MINUTES -- REGULAR MEETING ON APRIL 21, 1997 PAGE 3 OF 8 Agenda Item #7. Consider: Bob Jones Park construction budget allocations. (Tape Section 490) Mr. Hawk reviewed the Bob Jones Park Construction Phase I worksheet, dated April 18, 1997 (blue sheet attached to the minutes). He called attention to the Engineering Costs line item and reported that Cheatham and Associates are working on the grading plans. Once they are completed in mid-May, a better estimate can be given of those costs, which will probably be higher than the original estimates shown. Field dirt may be obtained from the lake for the soccer fields if the quality is suitable, which would be less expensive than what is shown on the budget worksheet. Hawk commented that the estimate shown for water should be $75,000 and $150,000 for the sewer. The $75,000 will include water lines from White Chapel to the soccer fields, distribution and service lines for the concession stands, fire hydrant, but not the actual sprinkler system on the field. Mr. Hawk continued an explanation of various items shown on the exhibit and Eddie Cheatham answered questions concerning grading, irrigation, parking and drainage, and water and sewer lines. Mr. Hawk said there were things that would have an impact on what staff would recommend. Current plans are that the White Chapel Lift Station will be completed in October 1997 making sewer available. The soccer fields are scheduled to be opened in August 1998. There are some issues which may impact these costs and timing of the projects, such as there could be some participation by one of the largest property owners in bringing the sewer line up to the park. The sewer line is eligible for impact fee reimbursement. Mr. Hawk said that before the City builds a sewer line, staff would recommend that when a facility is built, and if there is no one interested in developing that area, that a septic system be installed, which would be at a lower cost (less than $10,000). Another issue mentioned was the "street" line item. The street budget figure covers the widening of the turn lane at the parking lot entrances. Mr. Hawk said staff would recommend waiting another year or so to see what happens in some other areas because there may be some major things done to White Chapel related to other issues. Other items discussed included the drainage costs, which are still unknown until a drainage study is completed, parking lots, restroom/concession stands and the pavilion. Mr. Hawk said staff was still working on costs and the time lines for these items. Scott Martin commented on his concerns about the water and sewer lines and stressed his desire to see the sewer line done as soon as possible with possible participation from other interested parties, such as the Toll Brothers. Scott Martin suggested the City post a notice in the permitting area at City Hall advertising to excavators that good fill dirt can be dumped at the West Beach area. Eddie Cheatham asked to have a few more weeks to work on the construction estimates and bring costs back to the committee on grading, parking, drainage, etc. at their next meeting. Cheatham stated he would like the committee to wait on voting on this item until he can provide better data and have a better feel of which items will go forward and which items will be held until the next phase. SPDC MINUTES -- REGULAR MEETING ON APRIL 21, 1997 PAGE 4 OF 8 Mr. Hawk told the committee that the reason this item was before them tonight, was to get direction from the committee on which items could be held until the second cycle of bonds are sold. Mr. Martin said he recommended the City wait on the sewer, restrooms/concessions, playground and pavilion. He said it is important to get the fields in, the irrigation, the berm in the north, and the landscaping. Ronnie Kendall told the group that the Park Board's priorities are the fields and the bathrooms. Scott Martin asked about the estimate on boring. Cheatham responded there would be eight bores made at twenty feet and four bores at ten feet. Mr. Hawk explained the reasoning behind the "contingency fee" costs shown on the budget worksheet. Scott Martin talked about the need to have appropriate numbers when SPDC prepares their budget. He had concerns about being 50% off the estimates. No action was taken. Agenda Item#8, Consider: Appointment of selection committee for Bicentennial Park, Phase II Design Team Kim Lenoir suggested appointing two SPDC members, two staff members and a Tennis Association member to participate in the panel which will interview candidates for the Design Team. She said four designers have asked to be considered. Scott Martin and Ronnie Kendall offered to work on the committee and help make the selection. The Design Team will design the Phase II of Bicentennial Park which consists of the tennis courts, hockey rink, the parking lot, the basketball courts, and the Brunson property. Construction plans will be prepared. Ron Harper, Kim Lenoir, Scott Martin, Ronnie Kendall will make up the committee to interview and select a design team. Mayor Stacy had concerns with this not being budgeted. The cost of the Plan is estimated to be 12% of the construction costs. A motion was made to appoint Ronnie Kendall and Scott Martin as representatives from the SPDC to serve on the selection committee for Bicentennial Park, Phase II Design Team. Motion: Martin Seconded: Muller Ayes: Evans, Martin, Muller, and Kendall Nays: Stacy (budget concern) Approved: 5-1 vote SPDC MINUTES -- REGULAR MEETING ON APRIL 21, 1997 PAGE 5 OF 8 Mr. Martin asked to return to agenda item #6 due to several questions he had. Mr. Martin questioned Ms. Lenoir about the progress on the Middle School parking lot. Eddie Cheatham is designing the lot and has been working with the school. The school will advertise for bids in the next two weeks. Mr. Cheatham explained the layout of the parking lot and commented there will be approximately 50 parking spaces. Mr. Hawk explained the need for the additional parking lot and how the parking lot meets the fire code requirements. Agenda Item #9. Consider: Project and Community Matching Fund Request Policy and Procedure Kim Lenoir led the discussion and called attention to the yellow form in the packet, Parks and Recreation Department Policies and Procedures Manual (attached), which was brought forward from the last meeting to establish a policy on how to handle project and community matching fund requests. The committee discussed the definition of "matching funds," if it meant dollar for dollar and how other services were counted, such as labor. The Parks and Recreation Board had it on their agenda to address a definition at a future meeting and was seeking input from the SPDC. Committee members Martin, Muller and Stacy gave their opinions. Muller felt that it was clear -- dollar for dollar with any additional labor being counted as a volunteer function. Martin talked about "real world fees" or "city government fees" and the manhours spent in providing his services in park planning services. Stacy talked about the volunteer hours spent in coaching a baseball team and how it relates to services for the community. Ronnie Kendall presented a question regarding the issue and asked if there was a method to measure labor. She asked what kind of accountability should there be. She said documentation is needed if matching funds are to be dispersed. A policy is needed. Members expressed concerns about issuing credit for labor performed and how to equate contributions to money. It was suggested to say, "matching contributions" and not "matching funds." The committee came up with many ideas about how to translate funds with labor. There is a need for clarification on matching labor and "in-kind" and it was suggested that the Park Board consider this issue and come back with their suggestion on what would be appropriate. Another issue that arose was whether the Park Board would have sole approval for approving matching fund requests of$5,000 or less or if staff would. After much discussion a motion was made to approve [the Matching Fund Policy and Procedure] as presented. The motion was seconded. Ms. Kendall wanted it noted for clarification that "matching funds" means dollar-to-dollar. Motion: Stacy SPDC MINUTES -- REGULAR MEETING ON APRIL 21, 1997 PAGE 6 OF 8 Seconded: Muller Ayes: Evans, Muller, Kendall, and Stacy Nays: None Abstained: Martin Vote: 4-0-1 to approve Agenda Item #10. Consider: Keep Southlake Beautiful waterscape project funding (Tape Section 2327) Kim Lenoir presented the material in the packet (attached to minutes). The Park Board has reviewed this with Keep Southlake Beautiful and has come forward with recommendations to approve the project, not to exceed $8,100. Ms. Kendall commented that in view of SPDC's previous discussion, the matching funds for the project is only $4,800 because the other things listed are donated plants and labor. Mayor Stacy said the difference would come out of another appropriate budget item, not the matching funds line item. Scott Martin explained the design of the project and that it would be located behind the old Food Lion store. Mayor Stacy noted for clarification that if SPDC granted the Park Board the right to do the project, up to $5,000 for matching funds, and if it was later known that the Park Board was granting monies and there weren't any matching funds, the privilege would be rebuked because that was not what it was intended to be spent for. Muller reminded members that the committee had already agreed, at this point in time, the matching funds would be dollar-to-dollar and the Park Board would come up with something in "in-kind." She said that SPDC might choose to amend the Matching Fund Policy and come up with something different. The Park Board will have the prerogative to approve a matching fund request for under $5,000 and as a formality, will bring the item to SPDC for their "blessing" since SPDC is responsible for the funds. The $5,000 limit applies to the amount the Park Board can write a check for, not the cap for the total project cost. It was determined that this item falls under the $5,000 scope. Ms. Muller commended Mr. Martin's volunteer service to the community and the many hours he has contributed on its behalf. Mayor Stacy asked about the status of the landscaping of the rights-of-ways on FM 1709 project. Mr. Hawk mentioned several key spots and said Greg Last, Community Development Director will get with Scott Martin to work on. Mr. Hawk said we are still trying to hire a Landscape Architect to work on this project. No action was taken on this item. It was returned to the Park Board to be re-presented to the SPDC at a later date. SPDC MINUTES -- REGULAR MEETING ON APRIL 21, 1997 PAGE 7 OF 8 Agenda Item #6. Adjournment A motion was made to adjourn the meeting at 7:45 .m. f T), W. Ralph Eva , Vice President ATTEST: t�0VTH _ Or Sandra L. LeGrand i City Secretary D:\WP-FILES\SPDC\MINUTES\97-4-21.WPD SPDC MINUTES -- REGULAR MEETING ON APRIL 21, 1997 PAGE 8 OF 8 .. c So . 4. Keep Southlake Beautiful / Board of Directors Meeting 0 Monday March 3, 1997 7:00 p.m. Community Center, Bicentennial Park eauti�v� Board Members Present: Lisa Stokdyk, President; Mike Lease, Treasurer; Phyllis Calton, Jim Goggin, Suzanne Tuttle, Tom Sanderlin; Kevin Hugman, Assistant to the City Manager(ex-officio). Agenda Items: 1. Call to Order: The meeting was called to order by President Lisa Stokdyk at 7:25 p.m. A quorum was not present, therfore no official business was conducted. 2. President's Report: (a) Lisa introduced citizen Todd Radford who spoke about Diazinon contamination in water supplies. The City of Fort Worth (which supplies Southlake's water) has been threatened with fines by the EPA. Most runoff comes from homeowner lawn use. Mr. Radford wants to find ways to educate Southlake residents about reducing Diazinon use. Lisa invited Todd to relay educational information to KSB for publication in KSB's corner in the Southlake Journal. (b) Lisa discussed the SPDC park bond sale. We would like to get matching funds from the bond sale to complete the waterscape at Bicentennial Park. She also brought up trying � i to get a core group started to push for a nature center at Bob Jones Park as part of the 11� distribution of the bond money. (c) Lisa passed around a letter from Sandy Edelman, a resident of Coventry Manor, regarding the massive amount of tree clearing ocurring in the neighborhood. Mike Lease suggested more public education via newspapers to generate public watchdogs to help with the enforcement of the ordinance. Kevin Hugman suggested a regular KSB newsletter. 3. Treasurers Report: Mike Lease reported a current balance of$10,625.56. He passed out another copy of the 1997 budget. 4. Administrative Report: Kevin Hugman passed out copies of a newsletter from KAB for our benefit. He also passed out copies of the Street Tree Demonstration Project that were from Kim Lenoir. Southlake has received a grant for 60 trees from Tree City USA for a project to be installed on Kimball Avenue in front of Wal-Mart. Staff has discussed putting in a demonstration area in front of Myers Meadow in the ROW and would like KSB's input. Board terms: Lisa, Tom, Phyllis, and Amy's terms expire this year. We may want to work on revising the by-laws. u Kevin also reported that, at the mid-year budget review, the city staff wants to recommend more code enforcement personnel. The city staff has also discussed allocating more paid personnel time to KSB; possibly an employee in the City Manager's office dedicated to 20 hrs. per week. 6. Committee Reports: (a) Special Events- Phyllis brought an application for Kroger Cares cards. Lisa filled it out and will be the KSB contact. Phyllis also reported that she has not heard back from Joey Milner about the gumball machine. The certificates for Scott Martin and the plaque for Ed McRoy have been purchased. (b) Beautification- Lisa met with Jim Leavy to discuss drawing up plans for finishing _.\1‘ the Waterscape at Bicentennial Park. The free tree program is going well. Many have gone to schools and homeowners associations. Lisa presented a plan from Southlake Garden Club for a planting project at Bicentennial Park. We are invited to comment on the plan. (c) Litter- During the January litter pick-up there were 78 volunteers, 150 hours accrued,and 222 bags collected. There are two new Adopt-A-Street groups: Metro Pool Chemical has adopted Continental, and PLM Properties has adopted Crooked Lane. Tom reports that there are not many streets left to be adopted. April's Trash- Off will be Tom's last organized event as he will be leaving the board when his term expires. Tom will be spending his $600 t-shirt budget to distribute at the April Trash- off. (d) Education- Money will be used to supplement educational curruculum at schools. Money will be used to reprint Save-A-Tree brochures to distribute with recycling bins. (e) By-Laws - did not meet. (t) Fundraising ideas- Members discussed possible fundraising ideas. It was suggested that KSB should sell hats and/or t-shirts to raise funds. (g) Membership Drive- Mike will send the membership data to Kevin so he can send notices and minutes to the general KSB membership. 7. Adjournment: The meeting was adjourned at 9:40 p.m. APPROVED: Lisa Stokdyk, President ATTEST: Kevin Hugman, Assistant to the City Manager K.S.B. ABILITY TO FUND PROJECT CASH ON HAND FOR THIS PROJECT 4800 61 BUSHY BLUESTEM 1 GAL 305 50 LITTLE BLUESTEM 1 GAL 250 16 WAX MYRTLE 4-5' 640 30 INLAND SEA OATS 1 GAL 150 300 SIDE OATS GRAMA 450 20 CU YD SHREDDED MULCH 500 LABOR 1000 TOTAL CONTRIBUTIONS AVAILABLE 8095 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII BID FOR WATERSCAPE 20165 LESS: SAVINGS ON LINERS 613 NET FOR WATERSCAPE 19552 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NET FOR WATERSCAPE 19552 TOTAL CONTRIBUTIONS AVAILABLE 8095 TOTAL FUNDING TO BE OBTAINED 11457 ry• ,A fi , CITY j�Q� TELEPHONE �1111 - `Oc� '• * 817-923-4189 JOB DESCRTPTTON QTY MATERIALS REQUIRED COST Start EDkW/ y5 Ml bt %±Lit Itrlfc.( `Ic xC)c' Finish 30 2,5 45 rm 1 h-t k 1 L rta 52.5 .ro • bt,1 .j . cJ bar tc�. f _3p)•`.`' Co V.c• q5 • /a'' 3(0• �� ANIT't ►JCs2.01c44 05f � '�1an hc;��lc1 �� ��40;ce 0 ipisf2 p� ihtC k-CChAnorn a$9)\[�rN_z✓ 1 q 1O ��-- ' 1r is G� L. 3'' KILL()A) Mfcx tc c -cv vim. �'`�`��•c`' j I \cL-ht,,_1G-(fa` I '`c a. yco I ca,p_xf,ti1.; bto-- I r 13c105'`4) (o isel 'Qp z QE'�'t *'r r 5o L rt1lt> P�{u�.�te ar�n 1,1 4-1_50"° ty, • hOr S , C1Zj7, m�n,s l��, �vY�cs L'Cr'a ` U MAre R%A Ls f-D BIZ TA L ?HA'o I Yucca rat qa► —15.c° ('ff5T- OF C-U-stN 3s -15 CO.`, q RCf�a Nti,341,41 L613' 153•cc TAX — (CO L-�-Li.t.f C r 1'xnc 4 200'co fill Nib '3 Oats lgal 15o'O° 10562. cra Gtarn a 1450•c° to. ti . Lr .eb rnulcL� N1ar�rztALS ,Ct:3TcTAt_ 2.3(c2.co co5T oft xsit4lr=.. 1100 •cc —R X 7 T�At_ ?4� 00 • TOTAL DEPOSIT BALANCE DUE I (the customer) have read the attached contract and fully understand its implications and assertions; my signature verifies that I understand the contract & accept its terms. GARDENS OFIlitDEN CONTR.ACIIi • ARTICLE 1 . SCOPE OF THE WORK- The work which GARDENS CF EDEN, hereafter ARTICLE 7. LIMITATION OF LIABILITY AND WARRANTIES- ' referred to as the contractor, agrees __ perform and for which the customer labor p-P' -mod under this contract for a period of agrees to pay is described in Attachment A, • signed ry both parties and tractor a_s3 warrants that the selection, han.d_ing incorporated by reference as an integral part of plant_n_ or other dissemination of materials provide this contract. tract shall have been preformed with reasonable car, manner. The contractor gives no warranty as to the ARTICLE 2. TIME OF COMPLETION- The work to be preformed under this contract plant material specified in Attachment A except as will proceed as described in Attachment however, the contractor shall not has manifestly been affected in a negative mann be held liable by the customer for damages, tangible or intangible, which actions, in which case the contractor agrees to repli may accrue because of delays beyond the control of the contractor in no charge to the customer. For any other replacement completion. of the described work. agrees to pay the contractor an amount which is equa price of the plants plus the contractor's normal sex ARTICLE 3. THE CONTRACT SUM- The customer agrees to pay the contractor for location. the performance of the contract as follows: The contractor shall not be held liable by the c' a. All material of whatever nature which is used for the described resulting from the disruption of underground u~ 14`ii work shall be paid for by the customer in advance cf the delivery were previously identified by the customer to the cc of that ma-Pn = ty the contract._ or his asents. in Attachment A, and the contract:_ clear_' fa.. avoid_r'ic them. i. Upon delivery of and payment for such materials, the customer becomes the owner the hemater_als. The contractor makes no warranty with respect to 5 ii. If for some reason the job site is not ready for the contractor the use of flexible base material whether by the con' on the agreed date, pre-crdered materials may be delivered by the contractor or his agent to the job site and shall become-the ARTICLE 8. RECOVERY OF MATERIALS AND EQUIPMENT- The property ofthe customer. or preclude the contractor's recover_r•.c the contract or suplies placed on or near the property involved b. The charges for the contractor's cost of business (COB) are to be paid and the customer specifically acknowledges the cont- oy the customer upon completion of the work .described in Attachment at reasonable times of the ,.,,..__actor`s choosing, t A. Thirty -days after the date of �ob completion, the contractor may and plants for which the customer has not made parr assess a late-payment fee of 1. per month, which the customer hereby agrees t, ay on the total amount due. ARTICLE 9. PARTICIPATION BY THIRD PARTIES- =r. the ev engaged a third party, such as a landscape ar:h_tect ARTICLE 4. ACCEPTANCE AND FINAL PAYMENT- When the contractor - Ps the services w__h respect to the work described in Atta cn verbally or writ inc the c ed _I on has customer shall not hold the contractor __able for M customer ve�.,al�v _.. wr___.:. that _.. war;: d scrfb � _ this contract a_ been completed, the .:stonier shallpromptly _nspec theby the ,.,..tractor at the third party's request and -. - work and, upon f_ndinc _t acceptable; shall make final paymentand paymentfound unacceptablethe customer. The customer 5 that shall OLnd by constitute acceptance by the customer of the work preformed. by the that the customer shall withhold no payments to the contractor. . c which the contractor has preformed at the request c . • third party. ARTICLE 5. ADDITIONAL WORK--Additional work desired by the customer but not described in the contract shall be described and agreed upon in a new ARTICLE 10. RECONSIDERATION AND CANCELLATION- To vc contract so as not to interfere with the original contract. . the customer shall notify the contractor within the signing If such notification is oral, a writt ARTICLE 6. NON-ACCEPTANCE AND REMEDIAL ACTION- The :stonier shall inform the delivered to the contractor wit.._n three days of ti contractor in writing of any perceived defects so that the contractor in a Subsequent to the initial three day cancellation pc timely manner may discuss them with the customer and reach a written cancelled by the customer for any reason, the gust::: agreement about steps which are to be taken by either party to reach final materials purchased and any labor rendered dy the acceptance of the work by the customer. Should a part of the contractor's with the description in Attachment A of this contra work not be acceptable to the customer, the customer shall, nonetheless, pay the contractor for those elements of the work the customer does accept. ARTICLE 11. ATTORNEY'S FEES AND COSTS CLAUSE- Shoul contractor to initiate legal proceedings against tt with this contract, and should the contractor be a% the customer, then the customer also ag-PPc that aI include the contractor 's fees and related legal co. WATERSCAPE PROPOSAL WILDSCAPE INITIALLY PROPOSED WATERSCAPE WAS CONTEMPLATED AS LATER ADDITION PLANS DRAWN BY SCOTT MARTIN GRANT FOR WILDSCAPE FROM TEXAS PARKS AND WILDLIFE TP&W DETERMINED THAT GRANT CONDITIONS NOT MET "WATER HOLE" COMPLETED TO MEET PARKS AND WILDLIFE REQUIREMENT DONATIONS RECEIVED FROM CHAMBER OF COMMERCE, WOMENS DIVISION OF CHAMBER OF COMMERCE AND SOUTHLAKE NEWCOMERS CLUB BRIDGE COMPLETED AS EAGLE SCOUT PROJECT DISCUSSIONS WITH OTHER POTENTIAL CONTRACTORS PROJECT PUT ON HOLD BECAUSE OF SHOPPING CENTER SITUATION CONSENSUS NOW REACHED TO PROCEED BACKGROUND OF RECOMMENDED CONTRACTOR PROPOSAL MADE BY GARDENS OF EDEN IN FORT WORTH GARDENS OF EDEN IS A LANDSCAPE DESIGN AND INSTALLATION COMPANY THAT HAS BEEN OPERATING FOR FIVE YEARS OWNER IS JIM LEAVY JIM IS ALSO THE PRESIDENT OF THE FORT WORTH CHAPTER OF THE TEXAS NATIVE PLANT SOCIETY (SUZANNE TUTTLE, A KSB MEMBER, IS A FORMER PRESIDENT) • JIM OWNED A LANDSCAPE DESIGN AND INSTALLATION COMPANY IN RICHMOND VIRGINIA FOR 11 YEARS HE WAS AN AGRICULTURAL HORTICULTURAL EXTENSION AGENT IN POWHATAN COUNTY, VIRGINIA FOR 2 YEARS HE WAS ON THE STAFF OF THE DEPARTMENT OF AGRICULTURE AND MARKETS FOR NEW YORK FOR TWO YEARS, PREPARING ENVIRONMENTAL IMPACT STATEMENTS GLEN NERWIN IS THE VICE PRESIDENT OF THE NATIVE PLANT SOCIETY WATERSCAPE PROPOSAL QUANTITY MATERIALS REQUIRED COST 50' X 20' 45 ML BUTYL LINER 700 30' X 25' 45 ML BUTYL LINER 525 22 CU YDS BRICK SAND 380 6CUYDS PEA GRAVEL 3/8" 310 20 TONS MOSS SANDSTONE BOULDERS 2440 10 TONS THICK OKLAHOMA FLAGSTONE 1940 2 TONS 1-3" NEW MEXICO COBBLESTONE 248 2 4000 GAL CAPACITY BIO-FILTER 1390 2 4000 GAL CAPACITY BECKETT PUMPS 330 500 SQ FT GEOTECH CLOTH 100 MISC HOSES, CLAMPS, MANIFOLDS, WATER LEVELERS 200 MATERIAL COSTS 8563 LABOR COSTS 7500 PLANTS (SEE ATTACHMENT) 4102 TOTAL FOR WATERSCAPE 20165 PLANT PROPOSAL QUANTITY MATERIALS REQUIRED COST 12 BIG MUHLY GRASS 5 GAL 204 61 BUSHY BLUESTEM 1 GAL 305 50 LITTLE BLUESTEM 1 GAL 250 15 SWAMP SUNFLOWER 1 GAL 75 15 YUCCA PALLIDA 1 GAL 75 9 ROSA 'NEARLY WILD' 2 GAL 153 16 WAX MYRTLE 4-5' 640 100 GULF COAST PENSTEMON 4" 200 30 INLAND SEA OATS 1 GAL 150 300 SIDE OATS GRAMA 450 20 CU YD SHREDDED MULCH 500 MATERIAL COSTS 3002 LABOR COSTS 1100 TOTAL FOR WATERSCAPE PLANTS 4102 1, City of Southlake,Texas Parks and Recreation Department Policies and Procedures Manual Policy: Project and Community Matching Fund Request Policy Source: City Council / SPDC / Park Board Category: Administrative Effective Date: DRAFT - DRAFT Revised Date: Statement of Purpose: The purpose of this policy is to provide a process by which projects proposed by individuals or organizations for park projects for Parks and Recreation facilities are considered. The following policy will become effective immediately upon approval of City Council. Procedure: 1. Anyone considering a project for the City of Southlake Parks and Recreation facilities should submit a proposal in writing to the Parks and Recreation Director. Proposed projects need to "fit in" with the overall intended use of the parks as determined by the Park Board. 2. The proposal should include a complete description of the project and, to the extent applicable, pictures and/or detailed drawings, preferred location of the project, value of the project and any stipulations that might go along with the project. 3. The Parks and Recreation Director will review the proposal and make any comments/recommendations deemed necessary. The Parks and Recreation Director may accept projects in conjunction with routine work (i.e. budgeted items and routine maintenance and operation projects) preformed by the Parks and Recreation Department without approval of the Park Board and may proceed with the project where deemed appropriate. The Director will inform the Park Board of routine projects performed in the administrative monthly reports. 4. The Parks and Recreation Director will forward all projects requesting matching funds and non-routine projects (includes, but is not limited to, anything on the master plan) along with comments/recommendations to the Park Board for their consideration at the next regular meeting. 5. The Park Board will consider the proposed project and make comments/recommendations. The consideration of the proposed project will be based on the extent to which the project "fits in"with the overall intended use of the parks as determined by the Parks Board. At the Board's discretion, projects may be forwarded to the City Council for final approval. If City SPDC Agenda Item #9 funding is requested for the project, it may be forwarded the Southlake Park Development Corporation (SPDC) for final approval as applicable. 6. The City of Southlake reserves the right to accept or reject any project submitted for approval. 7. The potential project applicant (individual or organization) reserves the right to withdraw the proposed project at any time during the approval process. 8. All project(s) will be considered for acceptance on a project by project basis. 9. A permanent plaque of recognition may be designated in the park or facility where the project will be recognized, the name of the project and its contributor(s), and the date of the project. Permanent recognition should be discussed and approved during the initial project proposal. Press releases may be issued immediately to local newspapers following the acceptance of the project. 10. All accepted projects in the City of Southlake will become the property of the City of Southlake and will be used at the discretion of the City. Note: Policy approved by Parks and Recreation Board 4/14/97 PROJECT MATCHING FUNDS REQUEST FORM Project Name: Contact Person: Mailing Address: City: State: ZIP: Day Phone: Night Phone: Fax No. Additional Contact Person: Day Phone: PROJECT DESCRIPTION: Proposed Start Date: Projected Completion Date: Projected Cost: $ Amount of Funds Requested: $ Comments from the Parks and Recreation Director: SOUTHLAKE PARK DEVELOPMENT CORPORATION Capital Projects Status Report April 16, 1997 BICENTENNIAL PARK Land Acquisition - $1,100,000 Status: The Brunson Condemnation Hearing is scheduled for April 24, 1997. Dee Ekstrom is contacting the resident of the north end tract. Phase II construction - $1,300,000 Status: Four proposals were received April 15 for architects, engineers and landscape architects. SPDC needs to select interview team to recommend consultants. BOB JONES PARK Land Acquisition - $1,200,000 Status: Progressing well through the City Manager's Office. Updated map of status attached. Phase 1 construction -$1,500,235 Design - Phase I Contract Began March 18, 1997 Consultant: Cheatham and Associates Status: Cheatham and Associates were hired March 18 to begin surveying and the survey field work is complete. City staff construction team (Ron Harper, Kim Lenoir, Lou Ann Heath, Shana Yelverton and Chris Carpenter), Ronnie Kendall (SPDC and Park Board Member) and Mickey O'Brien (VP of Soccer Association) interviewed the selected team of engineers (Cheatham and Associates), architects (Ron Hobbs and Associates) and landscape architects (Lauren Griffith and Associates) on April 9. We plan to have a Phase II contract recommendation for SPDC to consider on April 21. Soil borings have been ordered. Phase II construction grant request- $500,000 Nature Center Planning-$20,000 Status: A Texas Parks and Wildlife Grant was resubmitted February 28. The City will hear in late August if awarded. A committee has formed to define the scope of the nature center for Bob Jones Park. The Nature Center Committee planned to tour the site April 11 but was rained out. The committee will reschedule the tour. Mrs. Tucker has been asked to join the tour (part of the project may be on land she now owns that she is willing to trade). Eddie Cheatham is now surveying her land. SPDC Agenda Item #6 ISTEA GRANT - COTTONBELT HIKE AND BIKE TRAIL Hike and Bike Trail Construction - $48,000 (20% of project costs) Status: Contract is being revised with TXDOT at the request of Southlake, Colleyville and North Richland Hill, so the cities can enter into interlocal agreements with each other to design and construct the trail under one contract with a more cost effective and efficient approach. The meeting with TXDOT is April 22. JOINT-USE PROJECTS CISD Parking Lot at Carroll Middle School Gym - $70,000 Status: CISD has been notified of the funding availability and staff will work with CISD to prepare plans. KISD Land Acquisition - $300,000 Status: City Council approved resolution to proceed with condemnation on April 1. An agreement has since been reached, and Council approved the contract. SPDC will consider on April 21. NEIGHBORHOOD PARKS Master Planning Noble Oaks, Koalaty, and Florence - $25,000 Status: This will be a project for the new Park Planning and Construction Superintendent to begin in May. We have received 19 applications, the first cut offive have been notified to provide more information. Interviews should begin in two weeks. CONTINENTAL TRAIL DEVELOPMENT Planning for Continental Boulevard Trail (White Chapel to Davis) - $9,000 Status: City Council approved on April 1 the hiring of Dunaway and Associates to plan the section of the off road hike and bike trail from White Chapel to Davis Blvd. This will be the first major trail project for the City since the adoption of the Trail System Master Plan. MATCHING FUNDS - COMMUNITY GROUPS Adventure Alley Pavilion by Leadership Southlake- $25,000 Status: Leadership Southlake is preparing bid documents. Project will be publicly bid in the next few months. Goal is for the volunteers to construct the pavilion during late summer. T-ball Field #10 by Southlake Baseball Association - $3,850 Completed 4/5/97 Remaining Funds - $71,150 Status: The Parks and Recreation Board on 4/14/97 recommended a policy for reviewing projects and community matching fund requests. SPDC will consider the policy on 4/21/97. Parks Board also reviewed and are recommending a Keep Southlake Beautiful Waterscape project for matching funds not to exceed$8,100. SPECIAL PROJECTS - RENOVATIONS OF CITY OWNED HOMES Eubank's House - $50,000 Status: The Senior Advisory Commission has requested that the City proceed with renovating the Eubank's House for a Senior Center. The Community Services Division is researching the contract and plans to give the resident notice as required. Once the residence is vacated, planning can begin. Kevin Hugman, Community Services Division Manager, will be coordinating this project. RESERVE FUND Unanticipated Projects -$500,765 Status: Funds remains in reserve. West Last Revision - 4-16-97 e.... k it, I- 1 52 oI �r�- w_ �+, 2 5' 6L . - gql ll-Il4'�' 1-.9TiimEMI Tiid imi: ;: EEM 3 55 0i i7 dill .. i i VIE „MI laimiL 47 C;: IL`,: s�`� is 5 © .. 5 45 9 44 0 IL; �`11 a �.�' En .?I• i ll�. V 0 i 15 43 0 I.; ii;6^,,, ;: - r n 9 42 RE Ir.:'.- PAIO S�+ .: ::� = ^ 12 41 :1 '. . 2. r a:=ify -4 GI 44• 3c ErbE ..7fr*.. Q 9t J& 55 36 et7E •• :Y.nada irs $ 37 ell Emir ENE • 17 36 1E11I / "M '6 :`�' �E xi 35 Ed * 34 ..�Vic. • s n Y.,., ' 'iAI E'�.� 2 , 33 0, : EMS legend 32 MI .s b .2 31 NI EMI pep liii , ; _2t 25 ��� p v 11e' ® City Owned Properties zs n "4' s k, ` ' Appraisal in Progress ' 4 5 6 7 6 9 6 x 2 13 u s `� ° b 2° Zl�.' Q Delinquent Taxes a _ - flu f _ a ri 4 4 9 zo 22 ... ei, BAss _ ® Under Contract f 3 4 5 7 p 9 12 2 14 15 11 6 31 21 '3 ]♦ _5 26 n 2107$ 33'31 32 0 Recent Purchases 641111. 63 6. 59 58 " 56 55 54 53 __ 51 - a 47 44 45 44 43 +.. ' 4 ]P 37 4r7 36 35 34 u Under Condemnation 01111111111iiiiiiiiiinliliv11111 Private Owned Properties 111111111:1 -� Percent of Acquired Land p DRUM CRCLE a Based on Total Acreage IIi: . UhI * 1.n . aes iiiIt I!II its. E3 sa o uo% __ 111111111111111111. �'% Denton County giggiiiiiiiiiiiiiiiry Tarrant County LVcRs D. :1e Is N 0 11 II pr. e 91111(, W i 5 6 or S �tr Scale = 1":400 City of Southlake Public Works Department BOB JONES PARK CONSTRUCTION PHASE I April 18, 1997 ITEM 11/96 Est. 4/97 Est. Projected Committee Budget Budget Design Fees comments Grading (soccer) & Lake 239,785 400,000 Lake was budgeted in later phase Utilities - Water 100,000 150,000 to White - sewer 75,000 Chapel Lift Station Parking 350,000 150,000 Street 0 100,000 not in org. est. Drainage 0 200,000 not in org. est. ENGINEERING COSTS 689,785 1,075,000 99,975 - 9.3% ***see below Restroom/Concession 250,000 250,000 Pavilion 70,000 70,000 ARCHITECTURE COSTS 320,000 320,000 26,500 - 8% Landscaping - Berm 135,152 135,152 - Park 95,148 95,148 Irrigation 180,150 180,150 Playground 80,000 80,000 LA COSTS 490,450 490,450 38,000 - 8% TOTALS 1,500,235 1,885,450 164,475 - 8.7% Soil Boring 4/18/97 8,300 Contingency - 10% 190,000 Total of Fees 164,475 Revised Budget Total 2,248,225 *** will have a better estimate once grading plans are completed on 5/15/97 Revised budget estimate is $747,990 over. Street, drainage, utilities, fees and contingency was not budgeted totaling $780,000. SPDC Agenda Item #7 .uuzlla Ke rcealLy -.,u. • TA� It TEXAS ASSOCIATION OF REALTORS® COMMERCIAL UNIMPROVED PROPERTY EARNEST MONEY CONTRACT . 0 THIS FORM IS FURNISHED)BY TIIE TEXAS ASSOCIATION OF REALTORSL P.EALTORe ' FOR USE BY ITS MF`I3E!tS. USE OF TILlS F010,1!3Y PERSONS WHO ARE.NOT\MEM3E1 S OF TI IE TEXAS ASSOCIATION 0::REA:.TORSx IS NO:AUTHOR:ZED. i. esiis.\M%, iiitiou of 1t1'.AI.rORSw,Inc..1995 I. PARTIES: Royal E. Smith and Marilyn M. Smith _ Seller) agrees to sell and convey to Cite of Southlake Texas (Buyer) and Buyer agrees to buy from Seller the Property described below. 2. PROPERTY:The real property situated in Tarrant County. Texas, described as follows or as described on attached exhibit: Tract 1 out of the J.G.Allen Survey,Abstract1S,containing 13.16 acres more or less.See Exhibit A. together with all rights, privileges and appurtenances pertaining thereto, including any right, title, and interest of Seller in and to adjacent streets, alleys, and ri hts-o;way. The property sold by this coat,ter is called the "Property". The metes and bounds description determined by the survey of the Property under paragraph 6(b) shall replace any exhibit describing the perimeter boundaries of the Property if it differs from the exhibit. NOTICE: Any nroncrtv to be excluded from the sale should he described ir.naraeranh 11. 3. SALES PRICE: ( OO acre ) f)36S 4-8L� ^n,, �rt (a) Cash portion of Sales Price payable by Buyer $ 399,000.00 (b) Sum of all financing described in paragraph 4 $ 0,00 Jiff iwmd (c) Sales Price[sum of )and(b)1 S 399.000.00 _ > The Sales Price is E is not to he adjusted based upon a survey. (Note: If the Sales Price is not to be adjusted b• e on a survey, disregard the remainder of' this paragraph). If the Sales Price is to be e` ,, adjusted based ut or. survey, the Sales Price shall be calculated on the basis of h 8 Q O p,�� it per /,'`,n1 IC# acre 0 square foot of total area 0 net area. "Net area is do VI ned 3s 'the total area of the 7/i - ill 41 Property exclusive of any portion of the property lying in: 0 any public. roadway; 0 any right of way or easement, except rights of way and easements providing utility services to the Property; and N/A . If the survey results in an adjustment of more than 10% of the Sales Price in 3(c), either party may terminate this contract by written notice to the other party within N/A days alter the terminating party receives the survey. If neither party so terminates this contract or if the variance is 10% or less, the adjustment to the Sales Price shall be made: 0 in the cash portion payable by Buyer; 0 proportionately between the cash payable and any promissory notes executed at closing. 4. FLNANCLNG:The portion of the Sales Price not payable in cash shall be paid as follows: 0 (a) ASSUMPTION:Buyer shall assume the unpaid principal balance of a first lien promissory note payable to N/A dated N/A , which balance at closing will be S 0.00. Buyer's initial payment shall be the first payment due after ekhsing. Buyer's assumption of the existing note includes all obligations imposed by the deed of trust securing the note, recorded in Vol. N/A 1111 (TAR-03l) 1-1-96 Page I of8 Realty One Software,506 Nottingham,Irving,TX 75061.(300)533-2352 Provided by:Harold Knight Ccmmerciai ';.... 'resod.:arrest y,icr.ev :ttraci conc;:rninu Tract I out of the J. G. ..tIcn Sun ev. Abstract I . l'age N/A in the real property records of the county syhcre the Property is located. If the unpaid principal balance of the assumed loan as of the Closing Date varies from the loan balance stated above, the cash payable at closing shall be adjusted by the net amount of any variance; provided, if the total principal balance of all assumed loans varies in amount greater than S 0.00 at closing, either party may terunate this contract and the Earnest Money shall be refunded to Buyer unless either party elects to ell:nu:ate the excess in the variance by an appropriate adjustment at elosine. Buyer may terminate this contract and the Earnest Money shall he refunded to Buyer it' the note holder on assumption requires: (i) Buyer to pay an assumption fee in excess of S 0.00,and Seller declines to pay such excess; (ii) an increase in the interest rate to more than NIA "/%; or (hi) any other modification of the loan documents. A vendor's lien and deed of trust to secure assumption shall be required, which shall automatically be released or. execution and delivery of a release by the note holder. If Seller is released of liability on any assumed note, the vendor's lien and deed of trust to secure assumption shall not be required. If assumption approval is required by the note holder, Buyer shall apply for assumption approval within N/A days alter the Effective Date of this contract and shall make every reasonable effort to obtain assumption approval. Assumption approval shall be deemed to have been obtained when the lender has determined that Buyer has satisfied all of lenders financial conditions (those items relating to Buyer's ability to qualify tbr assumption). It' assumption approval is not obtained within N/A days after the ElTeetive Date, this contract shall terminate and the Earnest Money shall be refunded to Buyer. ❑ (b) THIRD PARTY FINANCING:Buyer shall apply for a third party first lien note of 0.00 payable at ❑ monthly 0 quarterly 0 N/A intervals for not less than N/A years with the initial interest rate not to exceed N/A % per annum. Within N/A days after the Effective Date of this contract Buyer shall apply for all third party financing and shall make every reasonable effort to obtain financing approval. Financing approval shall be deemed to have been obtained when the lender has determined that Buyer has satisfied all of lender's financial conditions (those items relating to Buyer's ability to qualify for approval of a loan). If financing approval is not obtained within N/A days after the Effective Date, this contract shall terminate and the Earnest Money shall be refunded to Buyer. Each note to be executed hereunder shall be secured by vendor's and deed of trust liens. ❑ (c) SELLER FINANCING:At closing, Buyer shall execute and deliver a promissory note (the Note) from Buyer to Seller of $ N/A, bearing N/A % interest per annum and interest at the maximum rate of interest, but not to exceed the maximum rate of interest, per annum allowed by law on matured, unpaid amounts. The Note shall he secured by vendor's and deed of trust liens and an assignment of leases payable at the place designated by Seller. The Note 0 shall ❑ shall not provide for liability (personal or corporate) against the maker in the event of default. The Note shall be payable as follows: ❑ (I) In one payment due N/A after the date of the Note with interest payable ❑ monthly 0 quarterly ❑ annually ❑ N/A ❑ (2) In 0 monthly 0 quarterly ❑ annual ❑ N/A installments of S N/A ❑ including interest 0 plus interest beginning N/A after the date of the Note and continuing at 0 monthly 0 quarterly 0 annual ❑ N/A intervals thereafter for N/A when the entire balance of the Note shall be due and payable. ❑ (3) Interest only in 0 monthly G quarterly 0 annual 0 N/A installments for the first N/A vear(s) and thereafter in installments of S N/A 0 including interest 0 plus interest beginning• N/A after the dale of the Note and continuing at ❑ monthly ❑ quarterly ❑ annual ❑ N/A intervals thereafter for when the entire balance of the Note shall be due and payable. Unless the parties agree otherwise, the most recent forms prepared by the State Bar of Texas shall be used for the Note and deed of trust required by this paragraph 4(c). The Note may be prepaid in whole or in part at any time without penalty. Any prepayments arc to be applied to the payment of the installments of principal last maturing and interest shall be immediately cease on the prepaid principal. (TAR-031) 1-1-96 Page 2 of S Realty One Software.506 Nottingham,Irvin_.TX 75061.(800)583-2352 Provided hy:Harold Knight • Commercial _ .•• 'yard ..,.rues, Nlorx' C.,,,.ac:at:nee..,. Tract 1 brit or the.1. G. k Iicn Surf•v. •tlrttract I.Y. The lien securing payment of the Note will be inferior to any lien securing any superior note described in this contract. If an Owner Policy of Title Insurance is furnished. Buyer, at Buyer's expense, shall furnish Seller with a Mortgagee Title Policy in the amount of the Note at closing. If all or any part of the Property is sold or conveyed without prior written consent of the Seller, then the Seller at Seller's option may declare the outstanding principal balance of the Note. plus accrued interest, to be immediately due and payable. The creation of a subordinate lien, any sale thereunder. any deed under threat or order of condemnation, any cony:ya ace solely between the parties, the passage of title by reason of deatil of a maker or by operation of law shall not be construed as a sale or conveyance of the Property. In addition to the principal and interest installments, 3uyer ] shall =, shall not deposit with Seller a pro rata part of the estimated annual ad vaiorc;;: taxes on the Property. If l3uvcr deposits taxes with Seiler, Buyer agrees that the tax deposits are only estimates and may be insufficient to pay total taxes, and Buyer agrees to pay any deficiency within 30 days after notice from Seller. If Buyer deposits taxes with Seller, Buyer's failure to pay the deficiency shall constitute a default under the deed of trust. If any superior lien holder or. the Property is collecting escrow payments fir taxes, any requirement to deposit taxes with Seller shall be inoperative so long as payments arc being made to the superior lien holder. Any act or occurrence which would constitute default under the terms of any lien superior to the lien securing the Note shall constitute a default under the deed of trust securing the Note. The Note shall include a provision for reasonable attornay's fees if the Note is placed in the hands of a% attorney fir collection. ❑ (d) CREDIT APPROVAL ON ASSUMPTION OR SELLER F eNANCING: Within N/A days alter the Effective Date of this contract, Buyer shall deliver to Seller. 0 credit report; ❑ verification of employment, including salary; ❑ verification of funds on deposit in financial institutions; 0 current financial statement? and 0 N/A to establish Buyer's creditworthiness for assumption approval or seller financing. If Buyer's documentation is not delivered within the specified time, this contract shall terminate and the Earnest Money shall be refunded to Buyer. If Buyer's documentation is timely delivered, and Seller determines in Seller's sole discretion that Buyer's credit is unacceptable, Seller may terminate this contract by written notice to Buyer within N/A days alter expiration of the time for delivery and the Earnest Money shall be refunded to Buyer. It' Seller does not so terminate this contract within the time specified,Seller shall be deemed to have accepted Buyer's credit. 5. EARNEST MONEY: Buyer shall deposit S 0.00 as Earnest Money with Fidelity National Title Co. (Escrow Agent) at 1900 Central Dr. Suite A.Bedford.TN. (Address) on the Effective Date of this contract. The Earnest Money shall be deposited in an interest ❑ non-interest bearing account in a federally insured financial institution chosen by Escrow Anent and any interest shall be credited to Buyer. If Buyer fails to deposit the Earnest Money as required by this contract, Buyer shall be in default. 6. TITLE POLICY AND SURVEY: I$r (a) TITLE POLICY: Seller shall furnish to Buyer at Seller's expense an Owner Policy of Title Insurance (the Title Policy) issued by Fidelity National Title Co. (the Title Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of the Title Policy, subject only to those title exceptions permitted by this contract, or as may be approved by Buyer in writing, and the standard printed exceptions contained in the promulgated form of Title Policy; provided however that: (1) the exception as to area and boundaries E shall ] shall not be deleted except for any shortages in area at the expense of E Buyer Q Seller; and (_) the exception as to restrictive covenants shall be endorsed "None of Record", unless restrictions are approved by Buyer. Within 15 days atter the Title Company receives a copy of this contract Seller shall furnish Buyer a commitment for Title Insurance (the Commitment) including copies of recorded documents evidencing title exceptions. Seller authorizes the Title Company to deliver the Commitment and related documents to Buyer at Buyer's address. Buyer shall have 30 days after receipt of the Commitment and legible copies of documents evidencing title exceptions required by this contract to object in writing to matters disclosed in the Commitment other than the standard printed exceptions as described or limited in this paragraph. (TAR-031) I-1-96 Page 3 ofS Realty One Software:,506 Nottingham,IrcMg,TX 75061,(800)583-2352 Provided by:flarold Knight Commercial I.:lum,,:eyed Earnest `.Ior.ev Contract.on,:err:c_ Tr:Act I ant of the.I. (:. AIlcti Sur%cl. tl),irict IV. (b) SURVEY REQUIRED: (Check/Ij or'2) only, El (1) Within 10 days after: ❑ L•'ITective Date of this contract; a the date by which Buyer is required to complete inspections,studies or assessments in paragraph 7(b); !cluck(i)or!iii only) !q G (I I Buyer:tiny obtain a survey of the Property at Buyer's expense. ❑ (ii) Seller, at Seller's expense, shall furnish to Buyer a survey of the Property dated after the Eticctive Date of this contract. Buyer may, within 15 days after Buyer's receipt of the survey object in writing to any matter which constitutes a defect or encumbrance to title on the survey or if the survey shows any part of the Property to lie in a 100-year floodplain area. ❑ (2) Within N/A days after the Effective Date of this contract, Seller shall furnish Buyer a true and correct copy of Seller's existing survey of the Property dated `/A . The survey [check (i) or 'li//: (i) ❑ shall be recertified no earlier than N/A at the expense of 0 Buyer ❑ Seller; (ii) ❑ shall not be recertified. Within N/A days after Buyer receives a copy of the survey or after Buyer receives a copy of the recertified survey, whichever is later, Buyer may object in writing to any matter shown un the survey which constitutes a defect or encumbrance to title or if the survey shows any part of the Property to lie in a 100-year floodplain area. The survey required by this paragraph 6(b) shall be made by a Registered Professional Land Surveyor acceptable to the title company and any lender. The survey shall: (i) identify the Property by metes and bounds or platted lot description; (ii) show that the survey was made and staked on the ground with corners permanently marked; (iii) set furor the dimensions and total area of the property; (iv) show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other waterways, fences, easements, and rights of way on the Property with all easements and rights of way referenced to their recording information; (v) show any discrepancies or conflicts in boundaries, any visible encroachments, and any portion of the Property lying within the 100 year floodplain as shown on the current Federal Emergency Management Agency map;and(vi)contain the surveyor's certificate that the survey is true and correct. 3uyer's failure to object under paragraph 6(a) or 6(b) within the time allowed shall constitute a waiver of Buyer's _fight to object except that the requirements in Schedule C of the Commitment shall not be deemed to have been waived. If objections are made by Buyer, or any third party lender, Seller shall cure the objections within 20 days after the date Seiler receives them. The Closing Date shall be extended as necessary to cure objections. If objections are not cured by the extended Closing Date, this contract shall terminate and the Earnest Money shall be refunded to Buyer unless Buyer elects to waive the objections. 7. PROPERTY CONDITION/FEASIBILIT:"STUDIES: (Check(a)or(b)only) ❑ (a) PRESENT CONDITION:Buyer accepts the Property in its present"as-is"condition. ® (b) INSPECTIONS AND FEASIBILITY STUDIES: Within 60 days after the Effective Date of this contract Buyer, at Buyer's expense, may complete or cause to be completed inspections of the Property (including any improvements) by inspectors of Buyer's choice.. inspections may include but are not limited to: (i) physical property inspections; (ii) economic feasibility studies; and (iii) any type of environmental assessment or engineering study including the performance of tests such as soils tests or air sampling. Seller shall permit Buyer and Buyer's inspectors access to the Property at reasonable times. If Buyer determines, in Buyer's sole judgment, that the Property is not suitable for any reason for Buyer's intended use or is not in satisfactory condition, then Buyer may terminate' this contract by providing written notice of termination and copies of all reports of inspections, studies, or assessments completed or caused to be completed by Buyer under this paragraph to Seller within the time required to complete the inspections, studies, or assessments under this paragraph, and the Earnest Money shall be refunded to Buyer less the sum of $ 50.00 to be retained by Seller as independent consideration for Buyer's right to terminate under this paragraph. If Buyer does not terminate this contract within the time required any objections with respect to the inspections, studies, and assessments under this paragraph shall be deemed waived by Buyer. If this contract does not close through no fault of Seller, Buyer shall restore the Property to its original condition if altered due to (TAR-031) 1-1-96 Page 4 ot'S Realty One Sollware,506 NottinE'vmt,Irving,TX 75061.(800)583-2352 Provided by:Harold Knight Cont:::erciai .:m" 4....::es: zon..er•- Trod 1 out of the.). (.. Ulen Sunei. ti' haft lY. inspections, studies, or assessments completed by Buyer or Buyer's inspectors. Within I d,•,; after the Effective Date of this contract Seller shall deliver to Buyer(strike any nut to be deliveredi: (1) copies of all notes and deeds of trust assumed or taken subject to by Buyer; (2) copies uf all leases per.ainittg to the Property, including any modifications, supplements, or amendments to the leases: (3) copies of all previous cilvironmeauil assessments. studies, or analyses afliicting the Property in Seller's possession. 8. BROKER'S REPRESENTATION AND FEES: Southiake Realty Co. (Listing Broker): 0 represents Seller only: 2 acts as intermediary between Seller and Buyer. Any other broker represents: ❑ Seller as Listine Broker's Subagent; ❑ Buyer only. Seller shall pay Listing Broker (choose only one;: 0 (a) the fee specified by separate agreement between Listing Broker and Seller. ® (b) a total cash fee of either $ 0.00 or 3.0 % of the total Sales Price in Tarrant County, Texas on closing of this sale, which Escrow Agent shall pay tiom Seller's proceeds of the sale. If Seller defaults, the cash fce shall be due and payable in full. If Buyer defaults, Escrow Agent is authorized to pay Listing Broker one-half of any Earnest Money Seller receives under this contract not to exceed the amount of the cash fee. 9. CLOSING: (a) The closing of the sale shall be on or before 30 days after completion of feasibility study or ccithin days after objections to title or the survey have been cured, whichever date is later (the Closing Date); however, if financing or assumption approval has been obtained pursuant to paragraph 4, the Closing Date shall be extended up to 15 days only if necessary to comply with lender's closing instructions (for example, survey and closing documents). If either party fails to close this sale by the Closing Date, the non-defaulting party shall be entitled to exercise the remedies contained in paragraph 15. (b) At closing Seller shall furnish,at Sellers expense(strike any not to be furnished): (I) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property duly executed by Seller; (3) a 0 General 0 Special Warranty Deed conveying good and indefeasible title to the Properly showing no additional exceptions to those permitted in paragraph 6;and (4) evidence that the person executing this contract is legally capable and authorized to bind Seller. 10. POSSESSION: Seller shall deliver possession of the Property to Buyer on closimi. in its present condition. Any possession by Buyer prior to closing or Seller after closing that is not authorized by a separate written lease agreement, shall establish a landlord-tenant at sufferance relationship between the parties. 11. SPECIAL PROVISIONS: Sec Exhibit B for special provisions. (TAR-031) 1-1-96 Paee 5 of S It (ty One Software.506 Nettin^h•im,Irving.TX 75061,(800)583-2352 Provided by:l la:old Knight - Coruncrc.... '...:mpro:ed Earnest Moncy C - 'a:.car Tract 1 nut of the J. G. Alien Sur.e••.Ah.tract 1 Y. 12. SALES EXPENSES: To be paid in cash at or prior to closing: (a) Seller'sExpenses: Releases Of existing liens, including prepayment penalties and recording fees; release of Seller's loan liability; tax statements or certilicates; preparation of deed; one-halt of escrow fee:and other expenses stipulated to be paid by Seiler under other provisions of this contract. (b) Buyer's Expenses: Ali loan fees or expenses (e.g., fees for application, origination, discount, appraisal. assumption, recording, tax service, r:ortgac.ee title policies. credit reports, document preparation and the like); preparation and recording of deed of trust to secure assumption; required premiums for insurance; interest on all periodic installment payment notes from date of disbursements to one payment period prior to dates of first periodic payments; one-half of escrow fee; fees for copies and delivery of title commitment and related documents; and other expenses stipulated to he paid by Buyer under other provisions of this contract. (c) If any sales expense exceeds the amount stated in this contract to be paid by either party, either party may terminate this contract unless either party agrees to pay such excess. 13. PROBATIONS AND ROLLBACK TAXES: (a) interest on any assumed loan, current taxes, and any rents shall be prorated through the Closing Date. If the amount of the ad valorem taxes for the year in which the sale is closed is not available on the Closing Date, proration of taxes shall be made on the basis of taxes assessed in the previous year. If Buyer is assuming payment of or taking subject to any existing loan on the Property, all reserve deposits for the payment of taxes and other charges, shall be transferred to Buyer by Seller and Buyer shall pay to Seller the amount of such reserved deposits at closing. S B E. 6 x t4( t r (� ( T' •le or use of the Property after closing results in the assessment )1 • • r penods • Seller. Obligationsimposed prior to closing, die •ic c nwn•it .c apr s na survive closing. (e) Seller shall, at- closing, tender to Buyer any security deposits, prepaid expenses, and advanced rental payments paid by any and all tenants. 14. CONDEMNATION: If prior to closing condemnation proceedings are commenced against any portion of the Property, Buyer may: (a) terminate this contract by written notice to Seller within 15 days after Buyer is advised of the condemnation proceeding and the Earnest Money shall be refunded to 13uyer, or (b) appear and defend in the condemnation proceeding and any award in condemnation shall, at Buyer's election, become the property of Seller and the sales price shall be reduced by the same amount or shall become the property of Buyer and the sales price shall not be reduced. 15. DEFAULT: If Buyer fails to comply with this contract, Buyer shall be in default. Seller may /f • - terminate this contract thereby releasing the parties from this contract. If Seller is unable without fault to deliver the Commitment within the time allowed, Buyer may either terminate this contract and receive the Earnest Money as the sole remedy or extend the time for pertbrmance up to 15 days and the Closing Date shall be extended as necessary. If Seller fails to comply with this contract for any other reason, Seller shall be in default and Buyer may either enforce specific performance, seek such other relief as may be provided by law, or both; or terminate this contract and receive the Earnest Money, thereby releasing the parties from this contract. 16. ATTORNEY FEES: If, Buyer, Seller, Listing Broker, Other Broker, or Escrow Agent is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party shall be entitled to recover from the non-prevailing parties all costs of such proceeding and reasonable attorney fees. The provisions of this paragraph shall survive closing. 17. ESCROW: If either party makes demand fur the payment of the Earnest Money, Escrow Agent has the right to require from all parties and brokers a written release of liability of Escrow Agent for disbursement of the Earnest Money. Any refund or disbursement of Earnest Money under this contract shall be reduced by the amount of unpaid expenses incurred on behalf of the party receiving the Earnest Money, and Escrow agent shall pay the same to the creditors entitled thereto. At closing, the Eames:. Money shall be applied first to any cash down payment, then to Buyer's closing costs and any excess refunded to Buyer. Demands and notices required by this paragraph shall be in writing and delivered by hand delivery or by certified mail, return receipt requested. (TAR-031) 1-1-96 Page 6 of Realty One Soliwarc,506 Nuttui;:h-lm.Irving.TX 75061.(SOO)583 2352 Provide..!by: t hire!.!Knight Commercial i:nimp ., iiarnest Mon:". L:, ooneerning Tract I nut of the J. G. Allen Survcv. Ah.trut I . 1S. MATERIAL FACTS: (a) Seller snail convey the Property on closing: (i) •.vith no liens, assessments, or other security interests against the Property which will not be satisfied out of the Sales Price unless securing payment of any loans assumed by Buyer. (ii) without any assumed loans in default; and (iii) with no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written :eases delivered to Buyer pursuant to this contract. (h) To the best of Seller's knowledge and belief(choose iii or(iii only): (i) Seller is not aware of any material defects to the Property except as stated in the attached Property Condition Statement. 8 (ii) Seller is not aware of any environmental hazards or conditions affecting the Property which would violate any federal, state or local statutes. regulations, ordinances or other requirements and more specifically, but 'ithout limitation, whether: (1) the Property is or has ever been used for the storage or disposal of hazardous substances or materials or toxic waste, a dump site or landfll, or the housing of any underground tanks or drums; (2) any geological faults (surface or subsurface) lie on the Property; (3) wetlands, as defined by federal or state law or regulation are on the Property; and (4) threatened or endangered species or their habitat, as defined by the Texas Parks and Wildlife Department or the U.S. Fish and Wildlife Service, are on the property; except as follows: N/A • 19. NOTICES: All notices shall he in writing and effective when hand-delivered, mailed by certified mail return receipt requested,or sent by facsimile transmission to: Buyer at 667 N Carroll Av. Seller at 300 Timber Trail Sonthhrkc.Tx.76092 Southlake,Tx. 76092 Phonc 817 4815581 Phone 817 379 6909 Fax N/A Fax N/A • 20. FEDERAL TAX REQUIREMENT: If Seller is a "foreign person", as defined by applicable law, or if Seller fails to deliver an affidavit that Seller is not a "foreign person", then Buyer shall withhold from the sales proceeds at closing an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service, together with appropriate tax forms. Internal Revenue Service regulations require ] filing written reports if cash in excess of specified amounts is received in the transaction. r.• (f• _ • —•.or . 4.S I LL'TION:The parties agree o _ related to is cont 1W •c ••• • • •: • , • e s a l b ) mediation before the parties resort to arbitration or itigauon :• . . - • • mediate • t, st of mediation services equally. 22. AGREEMENT OF THE PARTIES:This contract shall be binding on the parties, their heirs, executors, representatives, successors, and assigns. This contract shall be construed under and in accordance with laws of the State of Texas. This contract contains the entire agreement of the parties and cannot be changed except by written agreement. If this contract is executed in a number of identical counterparts, each counterpart is deemed an original and all counterparts shall, collectively. constitute one agreement. Buyer 0 may 21 may not assign this contract. If Buyer assigns this contract Buyer shall be relieved of any future liability under this contract only if the assignee assumes in writing all obligations and liability of Buyer under this contract. Addenda which are part of this contract are: N/A 23. TIME:Time is of the essence in this contract. Strict compliance with the times for performance stated in this contract is required. 24. EFFECTIVE DATE: The Effective Date of this contract for the purpose of performance of ail obligations shall be the date this contract is receipted by the Escrow Agent after all parties have executed this contract. • (TAR-031) 1-1-96 Page 7 of Realty One Software.506 Nottingham.Irving,TX 75061,(800)583-2352 Prcv:ded by:i farold K:ught Com:rcr..:al Un:mproted l.arnest Money C ntract Conce--e. Tract 1 not of the.J. G. 11:e!i Sim e.. -1h.trtct !ti. 25. MISCELLANEOUS: (a) Buyer should have an Abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. (h) If the Property is situated in utility or other statutorily created district providing water. sewer, drainage, or !loud control facilities and services, Chapter 50 of the Texas Water Code requires Seller to deliver and the Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to final execution of this contract. (c) If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, Section 33.135 of the Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract. (d) Buyer should not rely upon any oral representations about the Property from any source. Seller and any broker have no knowledge of any defects in the Property other than what has been disclosed in this contract or other writing. (c) Brokers are not qualified to render property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to render such services. Selection of inspectors and repairmen is the responsibility of the Buyer and not the Broker. 26. CONTRACT AS OFFER:The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless accepted by the other party by 5:00 p.m. (in the time zone in which the Property is located)on March 20.1997 ,the offer shall lapse and be null and void. This is intended to be a legally binding contract. READ IT CAREFULLY. NO REPRESENTATION OR RECOMMENDATION IS MADE BY BROKER Oit ITS AGENTS OR EMPLOYEES AS TO TILE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS DOCUMENT OR TRANSACTION. CONSULT YOUR ATTORNEY BEFORE SIGNLNG. Buyer's Seller's Attorney N/A Attorney N/A icy 1/ Buyer City of Southlalce Texas S•le oy I E.Smith it Jit>dq;7 i I, j "Ylitii ) Buyer Seller Manly 1.. Smith AGREEMENT BETWEEN BROKERS Listing Broker agrees to pay N/A , Other Broker, a fcc of S N/Aor N/A '% of the Sales Price when the Listing Broker's fee is received. Escrow Agent is authorized and directed to pay Other Broker from Listing Broker's fcc at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between Brokers. N/A N/A N/A - N/A Other Broker License No. Listing Broker License No. By: Dv: Broker Broker Other Broker's Address Phone No. Listing Broker's Address Phone No. RECEIPT On this day, , Escrow .Agent acknowledges receipt of: (a) ❑ Contract; and (b) 0 Earnest Money in the form of • Escrow Agent By: Address: Phone: (TAR-031) 1-1-96 Page 8 of b Realty One Software,506 Nottingham,Irving,TX 75061.(300)533 2352 :rovidcd by:Harold Knight • . . • - ., . . - . . . .. ... . • ' . •• . .. . . .. • • • : •.. .•. '• ' ' • • • . •• • • .. • • • . _1 ' _ . ,_ ,Il ) . • \ _ • 1:k 1 .i --.) 11 t'et ( i. . t I 1 • 1S . I1 .... .._._ - ) - N--. " • ---- - •- .. 1.1 .------ \ . .___ . ___. -1 A),(;f1,g;q1 :\.- 11 .---- '.-{ -I•,--4 '-. 54.. _:;. 1.4 . 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M ,.. i I i • • . , • • • -• - •. EXHIBIT B TO CONTRACT FOR TRACT 1 OUT OF THE J. G. ALLEN SURVEY, ABSTRACT 18, SMITH TO THE CITY OF SOUTHLAKE. 1. Current taxes and all prior years' delinquent taxes, penalties and interest shall be prorated through the closing date with the Seller paying those taxes attributable for the time period prior to the closing date. The Seller shall not be responslible for the payment any additional taxes including roll back taxes for periods a after the closing date. al 2. The Buyer agrees . that leases shall be Al,J� •assigned to the City of Southlake upon closing. Advanced payments made by the lessee to the Seller covering the period between closing and the termination of the lease agreement shall be prorated and deducted from the purchase price. 3. All parties to this contract agree that the Park to be created by the City of Southlake on the subject property shall be named the "Royal and Annie Smith Park" in honor of Mr. Smith's parents whose home was located on this property. /9G> S r4- / APIA d; 9 4"-----nc. /u/ fi m.8 4. ......-.._..._.:.. _ .._._. _._.__ ._ _ ..-- _.._:..:.: . 399 f /af m71/ Future park facilities on subject property shall be constructed in conformance 1/17 with the stipulations for neighborhood parks outlined in the City of Southlake's Park, Recreation,] 7yl and Open Space Master Plan 5. The Seller may accept back up contracts to this contract. 6. The closing of this contract shall not occur later than 6/18/97 without the written approval of the Seller. 7. The terms and conditions of this contract shall survive the closing of this contract. 8. The Seller ' will not be liable for any roll back taxes. Nl �. 9. The Buyer will give the Seller a letter of Intent to Condemn the subject property. •