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HomeMy WebLinkAboutC2023-289 - 12/12/2023 - Approved Page 1018 OPTION FOR SALE OF REAL PROPERTY Whereas,TG 110, Inc. is a Texas Nonprofit Corporation exempt from federal taxation under Section 501(c)(3), Internal Revenue Code of 1986, as amended; Whereas, TG 110, Inc., has proposed property development of the Former Lamar Elementary Site and Nearby Neighborhood Parcels and; Whereas, the City of Corpus Christi seeks to have property developed for affordable housing for low-income households as a primary activity to promote the community-based revitalization of the City. Now, therefore, for and in consideration of $10 and property maintenance, the City of Corpus Christi, hereinafter referred to as "City" hereby grants to TG 110, Inc., hereinafter referred to as "Optionee", an exclusive right and option to purchase the following described property: Being a total of 3.47 acres located at 2212 Morris St, Corpus Christi, TX 78405 (Exhibit A), including Lot 1, Block 1, Eckerd Subdivision, and Lots 1,2,3,4,5,6,7, 8A, 10,11, and 12, Block 2, Eckerd Subdivision, Corpus Christi, Nueces County, Texas, and 0.41-acre subject to a road easement known as Mary Street, which is proposed to be abandoned. Section 1. Property Maintenance Optionee shall maintain the described property by mowing all grass and vegetation as often as necessary to maintain a height of less than 12 inches, effective upon execution of this Agreement. Optionee shall not allow weeds or brush twelve inches or higher to grow on the described property. Additionally, the Optionee will keep the described property free of litter and solid waste. Section 2. Option Period The option to purchase the property, hereinafter referred to as the "Option", shall commence upon the final execution of this contract and will expire on March 31, 2025, without notice to the Optionee. This option may only be exercised by Optionee after being awarded a housing tax credit from the Texas Department of Housing and Community Affairs to develop the described property. Section 3. Purchase Price The purchase price for the above-described property is $10. The consideration paid herein shall be applied against the purchase price. Section 4. Forfeiture of Consideration If Optionee fails to exercise this Option before its expiration, the consideration paid herein shall be retained by City. Section 5. Reverter Clause The deed shall include an automatic reverter clause that complies with Texas Local Government Code §253.011 and/or §272.001. 135392173v.1 SCANNED Page 2 of 8 Section 5. Notice of Option's Exercise The Optionee's election to exercise this Option shall be by execution and delivery to the City of the attached Real Estate Sales Contract on or before the expiration date hereof. Upon delivery of said executed sales contract, City shall forthwith execute the same within five (5) days. Section 6. Assignability of Option Optionee shall not assign the Option, except to a special purpose entity under common control with Optionee. City shall not assign the Option. In the event an assignment is attempted, in violation of this Section, then Optionees' rights under this Option Contract shall automatically and immediately terminate without notice. Section 7. Notice Unless otherwise provided herein, any notice, tender, or delivery to be given hereunder by either party to the other may be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed received as of actual receipt or three business days from mailing, whichever is earlier. Mailed notices shall be addressed as set forth below, but each party may change his or her address by written notice in accordance with this Section. To the City: City of Corpus Christi Attn: Director of Planning and Community Development P.O. Box 9277 Corpus Christi, TX 78469-9277 To the Optionee: TG 110, Inc. 3419 Nacogdoches Road San Antonio, Texas 78217 Section 8. Binding Effect This Option shall be binding on City and shall inure to the benefit of Optionee. Remainder of page intentionally left blank; signature page to follow. 135392173v.1 Page 3 of 8 Executed this I day of ozooftkr , at z�R County, Texas. Optionee • bi�* Jacq oodring, Executive Dir for Date TG 1 0, Inc. 3419 Nacogdoches Road San Antonio, Texas 78217 City 1z, 19,,2.3 Peter oni, City ager Date City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 APPROVED AS TO FORM: ATTEST, 1- €104-0-441e"- --- f"'(///rA � CCA HUERTA CITY SECRETARY Deputy City Attorney Buck Brice (`�r�,� `'� ` l AUTHORI Lt. tY (=OU$cII f a ---.,...„,,,1414. cif(1111`A P4 135392173v.1