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11 - Private Re-Sale of a Tract of Tax Foreclosed Property - Westgate ApartmentsItem No. 11 TO: Mayor & City Council Grayson Path, City Manager FROM: Carla Easton, PE, Engineering & Community Development Director SUBJECT: WESTGATE APARTMENT PROPERTY SALE to RAIN FINANCIAL SERVICES, INC. DATE: June 8, 2020 BACKGROUND: The Westgate Apartments are located at 635 7th N.W. in Paris, Texas. The apartments have been abandoned for several years and are in a state of disrepair. The City has been working diligently to address this issue including abating the property on three different occasions. Working with the City's Delinquent Tax Attorney Tracy Pounders of The Pounders Law Firm, the property was filed in court for delinquent taxes and, pursuant to approval of the Judge, put up for sale. In January 2020, an attempt was made to auction the property at a tax sale, but no buyers presented an offer so the property was bid -off to the City as trustee for itself, Paris Junior College, Lamar County, and Paris ISD, each of whom are owed delinquent taxes on said property. Since that time, the property has been advertised for sale by the Pounders Law Firm, in hopes of finding a buyer. Over the past four months, several investors have shown an interest in the property, but were discouraged by the condition of the property and estimated cost to revitalize it. Most wanted to acquire the property for low cost/no cost through an agreement with the city rather than purchase outright. STATUS OF ISSUE: On May 10th, a formal written offer to purchase the property was received from Rain Financial Services, Inc. in the amount of $75,000.00. This is the only actual offer to purchase the property to date. Mr. Pounders has reviewed the judgment and tax liens, and he estimates the city to receive a prorated amount of $14,000, assuming all taxing entities accept this offer. The Rain Financial Services, Inc. is a group of motivated investors from the Paris Area who want to give back to the community by restoring the property as an affordable housing development. For additional information, the City of Paris delinquent tax on the property was $29,986.51 (tax years 2013-18), as well as $15,560.30 for nuisance abatement costs and $4,112.06 in legal fees. It should be noted that when a property goes up for auction, the end result is not always full compensation of delinquent taxes. More importantly, having the property in the hands of an owner who will pay future taxes as well as maintain the property is a desired outcome. We believe such to be the case in this situation. If the City Council approves of the sale, the Lamar County, Paris Junior College, and Paris ISD must each also approve the sale as all four entities are joint owners of the property. The Pounders Law Firm and Staff would take necessary actions to present this to each of them. BUDGET: The City does not pay the Pounders Law Firm directly for its work, but rather their fee comes out of the sale of the property. The City therefore has no direct expense other than time of staff. If the sale is approved by all four taxing entities, then the City's final revenue is estimated to be $14,000 which is a prorated share with the other three taxing entities. OPTIONS: 1. Approve the Resolution as drafted, authorizing for the sale of the property, 2. Request additional information. 3. Edit the Resolution. 4. Counter the offer. 5. Reject the offer, the City will continue to list the property for sale as Trustee on behalf of the City, County, Paris ISD, and Paris Junior College. RECOMMENDATION: Approve Resolution authorizing the sale of a tract of tax foreclosed property known as the Westgate Apartments to Rain Financial Services, Inc. in the amount of $75,000, and authorize the mayor to execute the deeds. jure, 8, 2020 LOCATION MAP Westgate Apartments rly�� Site Photos WESTGATE APARTMENTS TIMELINE • Suit filed April 27, 2018 • AT ISSUE: City of Paris was owed $22,833.53 in delinquent ad valorem taxes for tax years 2013-17, and $13,786.57 in nuisance abatement costs. • April — December, 2018: numerous failed attempts to locate and serve owner Property Partners I, LLC and principal lienholder J Frost Investments LLC — both are single owner LLCs — eventually my title abstractor determined that the owners (who were also the registered agents for the LLCs) were dead and service of citation would need to be handled differently • Jan. — March, 2019: Service of Citation was attempted on Property Partners I, LLC and J Frost Investments LLC through the Texas Secretary of State — returns were received dated March 12, 2019 and filed with the Court • Jan. 10, 2019 — first defendant, J L Brault Family Trust, a judgment lienholder, was served citation — they filed an answer on February 5, 2019 • Jan. — May, 2019: numerous unsuccessful attempts to serve the other judgment lienholders, Barbara Ramp, Donald Ramp, and their LLCs: Game Set Match LLC and Bear Facts Investments LLC — turns out the Ramps were in bad health and living in their Florida home during this period - in April, service was finally secured and we started to work with their lawyer. The Ramps and their LLCs filed a counter -claim as part of their answer on May 14, 2019. • A final hearing on the case was set for July 11, 2019 • The July 11, 2019 trial hearing was postponed by agreement of the parties until October 17, 2019. • June -October, 2019: negotiations with the Breault Family Trust and the Ramps over their counter -claims were initially unsuccessful, but eventually all of the judgment lienholders agreed to withdraw their counter -claims and to join in an agreed judgment. • October 14, 2019 — Court signs the Agreed Judgment — City of Paris was awarded $29,986.51 for delinquent taxes (2013-18), $15,560.30 for nuisance abatement costs, and $4,112.06 in supplemental legal fees relating to the nuisance abatement costs — total judgment is $168,375.30 — adjudged value is $486,830.00 - not final until expiration of 30 days. • November 19, 2019 — District Clerk issues requested Order of Sale — sale is set for January 7, 2020 • January 7, 2020 — Tax Sale — legal minimum bid of $170,500 — no buyers — property was bid -off to the City of Paris as trustee for itself, Paris Junior College, Lamar County and Paris ISD • January — May, 2020 — Carla Easton and I actively market the property — although several potential buyers came forward, none submitted a written offer of $75,000.00 or more • May 10, 2020 — received offer to purchase the property for $75,000.00 from Rain Financial Services, Inc. RESOLUTION NO. A RESOLUTION APPROVING THE PRIVATE RE -SALE OF A TRACT OF TAX FORECLOSED PROPERTY, AND AUTHORIZING THE MAYOR TO EXECUTE DEEDS WHEREAS, numerous tracts of real property have previously been judicially foreclosed upon for delinquent ad valorem taxes and bid off to the City of Paris as Trustee for itself, Lamar County, Paris ISD and Paris Junior College (the "Trustee Properties"); and WHEREAS, Texas Property Tax Code Section 34.05(1) provides that the Trustee Properties may be sold by private sale in lieu of a public sale under Texas Property Tax Code Section 34.05(c) & (d) with the approval of all taxing units entitled to receive proceeds from the sale, being the City of Paris, Lamar County, Paris ISD and Paris Junior College; and WHEREAS, a private offer to purchase one of the Trustee Properties has been received by the City of Paris (the "Private Sale"); NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of Paris, Texas; that: Section 1. The following offer to purchase the following tracts of real property, being the highest bid received, is hereby accepted and the Private Sale is hereby approved: RAIN FINANCIAL SERVICES, INC. offers to purchase that tract identified as "Lamar CAD No. 12932, `MARTIN BLOCK ADDITION, BLOCK A, LOT 1 THRU 20, NW 7TH', approximately 8.020 acres of real property located in Lamar County, Texas, and more specifically identified in that Special Warranty Deed filed with the Lamar County Clerk on January 31, 2011 as Instrument No. 085347-2011." for $75,000.00, per the terms specified in that PRIVATE OFFER TO PURCHASE BID -OFF PROPERTY attached as Exhibit "A" [Ref.: Cause No. 87473, City of Paris vs.wProVerty Partners I. LLC] Section 2. That the City of Paris accepts that PRIVATE OFFER TO PURCHASE BID - OFF PROPERTY, attached as Exhibit "A", and authorizes the City Manager to execute it on behalf of the City of Paris. Section 3. Subject to the Private Sale also being approved by Lamar County, Paris ISD and Paris Junior College, and the receipt of the consideration offered by the Buyer(s), the Mayor is hereby authorized to execute a tax deed conveying the Re -Sale Properties to the Purchaser or designee. Any prior approval to re -sell this Trustee Property is hereby withdrawn. Section 4. The proceeds of the Private Sale shall be distributed in accordance with the Texas Property Tax Code and the orders of the District Courts of Lamar County, Texas. Private Pro )erty Tax Re -Sale Resolution, Page 1 of 2 PASSED AND APPROVED this day of �, 2020. CITY OF PARIS, TEXAS BY Steven J. Clifford, M.D., Mayor ATTEST: APPROVED AS TO FORM: BY BY Janice Ellis, City Clerk Stephanie H. Harris, City Attorney Private Propert Tax Re -Sale Resolution, Page 2 of 2 Exhibit "A" PRIVATE OFFER TO PURCHASE A BID -OFF TAX PROPERTY PARTIES: • SELLER (hereinafter the "Seller"): City of Paris, Trustee„ as trustee for itself, Lamar County, Parisendent School District and Paris Junior Collee,e. • BUYER (hereinafter the "Buyer"): Rain Financial Services Inc 1615 Randol Mill Ave w5outhlake_TX76092-2039remait-_, �orli�� 0,tx,,ni 2. IDENTITY OF PROPERTY (hereinafter the "Property"): Lamar CAD No. 12932, "MARTIN BLOCK ADDITION, BLOCK A, LOT 1 THRU 20, NW 7TH", approximately 8.020 acres of real property located in Lamar County, Texas, and more specifically identified in that Special Warranty Deed filed with the Lamar County Clerk on January 31, 2011 as Instrument No. 085347-2011. OFFER: Buyer offers to purchase the Property from the Seller for $75,000.00. a. Buyer acknowledges that the Property was bid -off to Seller pursuant to a tax lien foreclosure sale, per the judgments and orders of Cause No. 87473, City of Paris vs. Property Partners I, LLC (the "Tax Sale"), and by that Tax Deed recorded by the Lamar County Clerk as Document No. 20-168006-2020 (filed January 27, 2020). b. Buyer acknowledges that although the City of Paris, acting by and through its City Council, may accept this Offer, final approval of this sale is conditioned upon the Offer also being approved by Lamar County, Paris ISD and Paris Junior College; this offer shall be deemed re j ected and immediately terminated if this Offer has not been approved by all taxing units within six months of the City of Paris' approval (unless such approval period is extended by mutual written agreement of Buyer and the City of Paris, acting by and through its City Manager or his designee). c. Buyer acknowledges that any conveyance of the Property shall be made "as -is" "where -is" without warranty express or implied (including but not limited to that of title, description of the Property, the size or dimensions of the Property, or fitness for any use), and subject to the following covenants, conditions and restrictions: (1) the prior owners' rights of redemption, (2) rights of the public to any portion of the above described Property lying within the boundaries of dedicated or existing roadways or which may be used for road or street purposes, (3) visible and apparent easements over or across subject Property, (4) rights of parties in possession, (5) the Property is free from encumbrances to the extent that they have been released or extinguished by the Tax Sale, (6) the deed shall be prepared by the Seller or its attorney on a form and in a form of its choosing, and (7) post judgment year taxes are due on the Property, the payment of which shall be assumed by Buyer. d. Buyer acknowledges that (1) Seller does not possess a survey of the property and shall not provide Buyer with a survey of the Property, (2) Seller shall not provide Buyer with a UCC search associated with this Property or the current or past owners Private Offer to Purchase Bid -Off Pro Lierty, Page 1 of 2 of the Property — the Buyer is responsible for determining the legal status of all real and personal property being purchased, (3) Seller cannot guaranty if or when Buyer may be able to acquire title insurance for this Property, and (4) Seller may not possess keys or other access to the buildings and improvements on the Property and that gaining access to these buildings and improvements shall be Buyer's responsibility. e. Buyer is responsible for all of its own costs associated with this transaction, including but not limited to the payment of commissions, legal fees, or other compensation associated with conducting this transaction. f. Buyer may terminate this Offer until accepted by the City of Paris. As an inducement to enter into this transaction, Buyer shall deposit 11fQ00.00 (20%) as earnest money with The Pounders Law Firm within 3 business days after submitting this offer to the Seller, to be held in said law cum's IOLTA Trust Account. Should the City of Paris, Lamar County, Paris ISD or Paris Junior College fail to approve this transaction, this offer shall terminate and the deposit shall be promptly returned to the Buyer. Should the sale be approved by all taxing units, the funds deposited shall immediately become the property of the City of Paris, Lamar County, Paris ISD and Paris Junior College to be distributed as required by the Texas Property Tax Code, and shall be applied against the purchase price of the Property. g. Buyer accepts responsibility for determining: (1) the condition of the Property and improvements, (2) the existence, if any, of any hazardous conditions or the presence of any toxic waste on the Property, and (3) any other fact or condition that might be considered a detriment or other deterrent to Buyer taking possession of the Property. Seller has made no representations to the Buyer about the Property, and Buyer is not relying on any representation made by Seller, its officers, employees, agents or lawyers prior to submitting this Offer to the Seller. 4. This offer is enforceable by specific performance. It shall be construed under the laws of Texas. Venue shall be the state district courts of Lamar County, Texas. RAIN FINANCIAL SERVICES, INC. THE CITY OF PARIS, TEXAS BY.... �.,o,�. Printed Name: �L. na+P• s w , 0 :1 Grayson Path, City Manager Date: .2020 Page 2 of 2