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HomeMy WebLinkAbout1998.12.01_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: December 1, 1998 TIME: 6:30 p.m. PLACE: Council Chambers, Owasso Community Center Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 p.m. on Wednesday, November 25, 1998. Marcia Boutwell, City Clerk AGENDA 1. Call to Order Mayor Bode 2. Invocation Pastor Robert Yohnk United Pentecostal Church 3. Flag Salute 4. Roll Call 5. Reading of Mayor's Proclamation i Mayor Bode Attachment #5 The Mayor will read a proclamation designating the month of December 1998 as "Drunk. and Drugged Driving (3D) Prevention Month" in Owasso. 1 • Owasso City Council December 1, 1998 Page 2 6. Consideration and Appropriate Action Relating to a Request for Approval of the Consent , Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from consent by request. A motion to adopt the Consent Agenda is non-debatable. A. Approval of the Minutes of November 17, 1998 Regular Meeting. Attachment #6-A '"~ +~ B. Approval of Claims. Attachment #6-B `"~ .~ 7. Consideration and Appropriate Action Relating to the Appointment and Confirmation of a Member to the Committee for the Update of the Owasso Comprehensive Plan. Mayor Bode The Mayor will offer the appointment of a business community representative to the previously- appointed committee to update the Owasso Comprehensive Plan, and request confirmation by ~ the Council of that appointment. Consideration and Appropriate Action Relating to Acceptance of Purchase Option Agreements From James C Carini and Kathleen L Carini; G T Kaase and Geraldine Kaase; Fred T Morgan, ~~ Mildred N Morgan, Christopher H Faith and Elaine R Faith; Richard P Halbrook; Mary Ellen Esposito and Dorothy Esposito; and Independent Order of Odd Fellows -Owasso Lodge #297, to the City of Owasso; and Authorization for the Mayor to Execute the Documents. Mr Hancock Mr Cates Attachment #8 The staff will recommend acceptance of the Purchase Options, relating to the purchase of property on Main Street, and authorization for the Mayor to execute the documents. I i~ i~ i~ x, NOTICE OF PUBLIC MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: December 1, 1998 TIME: 6:30 p.m. PLACE: Council Chambers, Owasso Community Center ' Notice of Addendum filed in the office of the City Clerk and posted on the City Hall bulletin board at 10:00 a.m. on Monday, November 30, 1998. ~ 1 ~ Marcia outwell, City C erk ADDENDUM TO AGENDA The following is submitted as an addendum to the Agenda filed on Wednesday, November 25,1998. Items numbered 1 thru 8 on the agenda filed on November 25, 1998, shall remain the same. Item number 9 is removed, and items numbered 10 thru 14 are now numbered 9 thru 13. 1 ~~ Owasso City Council December 1, 1998 Page 3 i~ 9. Consideration and Appropriate Action Relating to Change Order #1, a Change Order to a Contract Between the City of Owasso and HMG for Construction of the Elm Creek Se r Interceptor Project. Mr Lutz Attachment #9 The staff will recommend Council approval of Change Order # 1, increasing the contract amount by $89,560.55 for costs associated with revised easement alignments, drop manholes and tap risers for future connections, for a total contract amount of $1,586,029.75. i 10. Report from City Manager II I 11. Report from City Attorney 12. Reports from City Councilors 13. Owasso City Council December 1, 1998 Page 4 14. Adjournment PROCLAMATION ~~ CITY OF OWASSO, OKLAHOMA WHEREAS, motor vehicle crashes kill over 40,000 people and injure three million every year, at a cost to society of some $150 billion annually; and WHEREAS, the December holiday season is traditionally one of the most deadly times of the year for alcohol-impaired driving; and WHEREAS, for thousands of families across the nation, the December holidays are a sad time to remember loved ones they lost to an impaired driver during a previous haliday season; and WHEREAS, community-based programs involving consumer education, effective laws, and strong law enforcement have been proven to be successful in reducing impaired driving; and WHEREAS, organizations from every state are joining together for "Strengthening Safe Communities" this December by supporting anti-impaired driving programs and policies ;and WHEREAS, the City of Owasso is a partner in that effort to make our roads and streets safer, NOW, THEREFORE, I, Denise Bode, by virtue of the authority vested in me as Mayor of the City of Owasso, do hereby proclaim the month of December 1998 as "DRUNK AND DRUGGED DRIVING (3D) PREVENTION MONTH" in Owasso, Oklahoma and do hereby call upon all citizens, government agencies, business leaders, ' hospitals, schools, and public and private institutions to promote awareness of the impaired driving problem, to support programs and policies to reduce the incidence of impaired driving, to promote safer and healthier behaviors regarding the use of alcohol and other drugs, and to provide opportunities for all to participate in "Strengthening Safe Communities" this December holiday season. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Owasso ~ to be affixed this 1st day of December, 1998. Denise Bode, Mayor OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, November 17, 1998 The Owasso City Council met in regular session on Tuesday, November 17, 1998 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, November 13, 1998. ITEM 1: CALL TO ORDER Mayor Bode called the meeting to order at 6:30 p.m. ITEM 2: INVOCATION The invocation was offered by Councilor Mark Wilken. ITEM 3: FLAG SALUTE Councilor Barnhouse led in the flag salute. ITEM 4: ROLL CALL PRESENT Denise Bode, Mayor Mark Wilken, Vice Mayor Mary Lou Barnhouse, Councilor ABSENT Melinda Voss, Councilor Duston Smith, Councilor STAFF Jeff Hancock, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. ITEM 5: PRESENTATION OF AWARDS Mayor Bode presented an award from the Oklahoma Academy of State Goals & the Oklahoma ' Council on Violence Prevention to Police Chief Maria Alexander and Officer Buddy Pales. The award recognized the City of Owasso for consistent and exemplary reduction of violent crime for the period 1993 through 1996. The Mayor also presented an award to Officer Buddy Pales. Officer t Pales was nominated for 1998 Northeastern Oklahoma Law Officer of the Year, an award given by Rogers University, and received an honorable mention. At this point, the Mayor moved to New Business and presented a proclamation to Carol Randall, President of the Owasso Chapter of the National Education Association. The proclamation designated November 15-21, 1998 as American Education Week. Owasso City Council November 17, 1998 ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA A. Approval of the Minutes of November 3, 1998 Regular Meeting and November 10, 1998 Special Meeting.. B. Approval of Claims. C. Request Approval to Close a Portion of a Utility Easement Located on Lot 3, Block 1, Double Oaks III. D. Request Action Relating to the Renewal of City Treasurer's Bond. The consent agenda included minutes of the November 3, 1998 regular meeting and the November ~ 10, 1998 Special Meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $33,391.76; (2) Collision Self-Insurance $252.05; (3) t Workers Comp Self-Insurance Plan $1,224.25; (4) Ambulance Service Fund $8,277.55; (5) City Garage $7,022.85; (6) Park Development $1,243.32; (7) Ambulance Service Capital Improvement ~ $888.43; (8) Bond Projects Fund $26,669.00; (9) Interfund Transfers $4,139.35; (10) Interfund Transfers $49,151.97; (11) Payroll $156,922.52; (12) City Garage Payroll $3,615.65. Item C requested the closing of a portion of a utility easement located on Lot 3, Block 1, Double Oaks III. Item D requested renewal of the City Treasurer's Bond in the amount of $50,000 with Western ,~, Surety at an annual premium of $450, and authorization for payment. Mr Wilken moved, seconded by Ms Barnhouse, to approve the consent agenda. ~ AYE: Willken, Barnhouse, Bode NAY: None Motion carried 3-0. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO CHANGE ORDER #2, A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF OWASSO AND ROBINSON CUSTOM LAWNMOWING AND LANDSCAPING FOR HIGHWAY 169 LANDSCAPING. Mr Lutz said that a contract was awarded to Robinson Lawnmowing and Landscaping on October 10, 1998 in the amount of $12,910 for landscaping along Highway 169 between 76th St N and 86th ~ St N. On the same date Change Order # 1 was approved for additional group planting preparation, ~ bringing the contract total to $14,999. Change Order # 1 did not bring the 15% limit into play since the contract is still below $15,000. Change Order #2 encompasses additive bid item # 1 for dwarf crepe myrtle plants, which was not originally awarded. This change will provide two additional ~' plants at all areas where groups of four plants are required, giving a more pleasing appearance to the group plantings. Mr Wilken moved, seconded by Ms Barnhouse, to approve Change Order #2 as ~I requested. 2 i ~ Owasso City Council November 17, 1998 AYE: Wilken, Barnhouse, Bode NAY: None Motion carried 3-0. ITEM 8: CAPITAL PROJECTS GRANT FUND BUDGET. Ms Bishop said that in February of 1997, the City Council approved an agreement with the Oklahoma Department of Transportation for a grant to be used for an industrial access road at the ONG Service Center. Tulsa County agreed to construct the road, and the staff believed that the grant would be assigned to the County. However, that grant assignment was never made and the County has not been paid for the work. A supplemental appropriation increasing estimated revenues and expenditures in the Capital Projects Grant Fund will allow the City to receive the grant funds from ODOT and pay Tulsa County for the project. Ms Barnhouse moved, seconded by Mr Wilken, to approve the requested supplemental appropriation and amendment to the Capital Proj ects Grant Fund Budget in the amount of $56,875. AYE: Barnhouse, Wilken, Bode NAY: None Motion carried 3-0. ITEM 9: CONSIDERA'1'lON AN ll AYYKUYKIA ~ r, ~v~; i tvi~ ttr,Lti i iii v i FOR VACATION OF A FINAL PLAT FOR OWASSO CENTER. Mr Warlick said that the PMS Family Trust is requesting the vacation of a final plat for Owasso Center in order to replat the area and include additional adjacent land. Mr Wilken moved, seconded by Ms Barnhouse, to approve the vacation of the final plat for Owasso Center. AYE: Wilken, Barnhouse, Bode NAY: None Motion carried ' ^ ITEM 10: Mr Warlick presented the item. The City of Owasso has received a request from PMS Family Trust to review a final plat for Summit Commercial Center, a one lot, 2.69 acre subdivision located on the COMMERCIAL CENTER. ~ Owasso City Council November 17, 1998 south side of E 86`" St N between Atlanta and Main Streets. This proposal will replat Owasso Center, as well as plat additional adjacent land. The old plat was vacated in the previous item. The Technical Advisory Committee and the Owasso Planning Commission have reviewed the requested plat and have unanimously voted its approval. No infrastructure improvements are required for redevelopment of the property. Mr Wilken moved, seconded by Ms Barnhouse, to approve the final plat for Summit Commercial Center. ~ AYE: Wilken, Barnhouse, Bode NAY: None Motion carried 3-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A BID FOR A FOUR-PLEX EXPANSION AT THE SPORTS PARK. Mr Henderson explained that one of the projects included in the Capital Improvements Bond Issue ~ is a new four-plex facility at the Sports Park. Bid documents for the project were developed and the project was advertised as prescribed by law. Bids were opened on October 20, 1998, with all bids coming in well above the prof ect budget. The apparent low bidder was contacted about reducing the scope of work in order to reduce the project cost; however, a deficit still remained after some cost- cutting measures were suggested. The staff recommended that all bids be rejected and that the project be re-bid, with the project scope reduced to reflect the identified cost-cutting measures. Mr Willken moved, seconded by Ms Barnhouse, to reject all bids for the Sports Park four-plea project and authorize the staff to re-bid the project. AYE: Wilken, Barnhouse, Bode NAY: None Motion carried 3-0. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPOINTMENT AND CONFIRMATION OF MEMBERS TO A COMMITTEE FOR THE UPDATE OF THE OWASSO COMPREHENSIVE PLAN. Mayor Bode recommended that the following persons be appointed to a committee to provide guidance and assist in the drafting of an update to the Owasso Comprehensive Plan: Mark Willken, Chairman, representing the City Council; Ray Haynes and Larry Helton, representing the Owasso Planning Commission; Peggy Robinson, representing the Media; Pete Kourtis, representing the Development Community; and Joyce Kastner, aCitizen-at-Large. Mayor Bode moved, seconded by Mr Wilken, to confirm the appointments. 4 ~ Owasso City Council November 17, 1998 AYE: Bode, Willken, Barnhouse NAY: None Motion carried 3-0. ITEM 13: REPORT FROM CITY MANAGER No report. ITEM 14: REPORT FROM CITY ATTORNEY None. ITEM 15: REPORT FROM CITY COUNCILORS Mayor Bode thanked Boy Scout Troop 80 for attending the meeting. ITEM 16: NEW BUSINESS None. ITEM 17: ADJOURNMENT Mr Wilken moved, seconded by Ms Barnhouse to adjourn. AYE: Wilken, Barnhouse, Bode NAY: None Motion carried 3-0, and the meeting was adjourned at 6:43 p.m. Denise Bode, Mayor Marcia Boutwell, City Clerk 5 CITY OF OWASSO GENERAL FUND 11/25/98 8:41:43 A/P CLAIMS REPORT APAPVR PAGE: 4 -- PO # -------- VENDOR ------------------------- DESCRIPTION ---------------- AMOUNT 1ANAGERIAL ----------- ------------------- 990013 AT&T WIRELESS SERVICES PAGER IJSE 7.03 991110 GO SYSTEMS FUEL 10/98 20.05 991143 LELA DAVIS CATERING SERVI AWARDS BANQUET MEALS 1,600.00 991155 OWASSO CHAMBER OF COMMERC CHAMBER RETREAT-HANCOCK 90.00 ' 991169 DOZIER FRINTING AWARDS BANQUET 74.85 991363 OWASSO GLASS GLASS FOR DESK 117.50 991375 WEST PUBLISHING CO OKLAHOi'IA STATUTES 169.00 ' 991427 TREASURER PETTY CASH COUNCIL STUDY SESSION H 30.00 00 12 991427 TREASURER PETTY CASH REIMB PETTY CAS . 991427 TREASURER PETTY CASH AWARDS COMMITTEE 36.43 "~ 991449 SOUTHWESTERN BELL TELE 10/98 PLEXAR 74.40 991454 SAM'S CLUB OFFICE SUPPLIES 14.97 DEPARTMENT TOTAL =__ _> 2,246.23 FI NANCE -- -------- -------------------- 991155 OWASSO CHAMBER OF COMMERC CHAMBER RETREAT-BISHOP 90.00 ** 991427 TREASURER PETTY CASH REIMB PETTY CASH 6.44 991427 TREASURER PETTY CASH MILEAGE-BISHOP 91.87 DEPARTMENT TOTAL =___> 188.31 COMMUNITY DEVELOPMENT 990013 AT&T WIRELESS SERVICES PAGER USE 34.12 ~ 990017 BURR KANNADY ELECTRICAL INSPECTIONS 603.46 991110 GO SYSTEMS FUEL 10/98 84.66 991369 ALL COPY SUPPLIES TONER CARTRIDGE 65.00 991373 BOLA INTERNATIONAL CODE BOOK 23.00 991427 TREASURER PETTY CASH PLANNING CONFERENCE 79.19 ~ 991427 TREASURER PETTY CASH REIMB PETTY CASH 3.00 991427 TREASURER PETTY CASH REIMB PETTY CASH 18.00 991449 SOUTHWESTERN BELL TELE 10/98 PLEXAR 42.40 ' 991453 SUBURBAN OFFICE SUPPLY OFFICE SUPPLIES 11.52 991456 MAILBOXES, ETC BLUEPRINT COPIES 39.80 ' DEPARTMENT TOTAL =___> 1,004.15 MUNICIPAL COURT CITY OF OWASSO GENERAL FUND 11/25/98 8:41:43 A/F CLAIMS REPORT APAPVR PAGE : 5 '~ ___PO_# - ----_-VENDOR_--- DESCRIPTION AMOUNT 990012 BRETT BURTON 991367 LAW ENFORCEMENT SYSTEMS 991449 SOUTHWESTERN BELL TELE DEPARTMENT TOTAL =___> ENGINEERING 990013 AT&T WIRELESS SERVICES 991110 GO SYSTEMS DEPARTMENT TOTAL =___> GENERAL GOVERNMENT 990008 US POSTMASTER 990286 OFFICE DEPOT CARD FLAN 990385 INCOG 991169 DOZIER PRINTING 991273 PITNEY BOWES INC 991273 PITNEY BOWES INC 991287 RESOURCE ONE 991344 OK SELF INSURERS ASSOC 991376 THOMASON & MOSS 991395 XPEDX 991448 PSO 991449 SOUTHWESTERN BELL TELE 991450 OKLAHOMA NATURAL GAS 991454 SAM'S CLUB 991454 SAM'S CLUB DEPARTMENT TOTAL =___> SUPPORT SERVICES ------------------------------ 990013 AT&T WIRELESS SERVICES 990195 YALE UNIFORM RENTAL 990284 DISTRICT II PROBATION 991110 GO SYSTEMS 991340 ROBERTSON PLUMBING SUPPLY 991389 LESSONS IN LEADERSHIP 991427 TREASURER PETTY CASH 991449 SOUTHWESTERN BELL TELE BAILIFF DUTIES 11/98 CITATION BOOKS 10/98 PLEXAR PAGER '~ SE Ft1EL 10/98 POSTAGE OFFICE SUPPLIES LEGISLATIVE ASSESSMENT LETTERHEAD INK CARTRIDGES POSTAGE METER RENTAL ATTENDAt~1CE CALENDARS CONFERENCE-GUTHRIE NOTARY BONDS COPY. PAPER 10/98 USE 10/98 PLEXAR 10/98 USE ANNUAL ADMIN FEE OFFICE SUPPLIES PAGER TJSE UNIFORM RENTAL DOC WORKERS/PAY FUEL 10/98 MAINT/REPAIR SUPPLIES CONFERENCE FEE-McELRATH REIMB PETTY CASH 10/98 PLEXAR 120.00 730.00 57.15 907.15 14.06 44.07 58.13 2,000.00 83.17 359.75 162.15 45.53 317.50 65.80 65.00 90.00 210.00 1,020.62 237.54 29.23 loon 140.00 4,836.29 167.04 23.80 332.97 198.19 32.36 199.00 3.78 20.89 11/25/98 PO # EMETERY CITY OF OWASSO GENERAL FUND 8:41:43 A/P CLAIMS REPORT AFAFVR PAGE: VENDOR DESCRIPTION AMOi)NT DEPARTMENT TOTAL =___> ------------------------------ 990985 OWASSO MOWER CENTER ~ 991110 GO SYSTEMS ~ 991448 PSO DEPARTMENT TOTAL =___> 'OLICE SERVICES 990013 990041 990505 990873 991068 991110 991155 991215 991308 991372 991372 991378 991383 991384 991384 991384 991384 991427 991427 991448 991449 991450 991453 AT&T WIRELESS SERVICES WESTERN BUSINESS PRODUCTS STATE DARE OFFICE REMINGTON ARMS CO INC EMBLEM ENTERPRISES GO SYSTEMS OWASSO CHAMBER OF COMMERC LYNN PEAVEY CO. OWASSO GLASS TUXALL UNIFORM & EQUIP TUXALL UNIFORM & EQUIP ACCURATE FIRE EQUIPMENT PATROL TECHNOLOGY POLICE FETTY CASH POLICE PETTY CASH POLICE PETTY CASH POLICE PETTY CASH TREASURER PETTY CASH TREASURER PETTY CASH PSO SOUTHWESTERN BELL TELE OKLAHOMA NATURAL GAS SUBURBAN OFFICE SUPPLY DEPARTMENT TOTAL =___> POLICE COMMUNICATIONS ------------------------------ 991379 DOMORE/D03 DEPARTMENT TOTAL =___> GRASS/LEAF BLOWER FUEL 10/98 10/98 USE PAGER USE COPIER MAINTENANCE TRAINING-TRYON WEAPON REPAIR UNIFORM SUPPLIES FUEL 10/98 CHAMBER RETREAT-ALEXANDER FINGERPRINT SUPPLIES WINDSHIELD/GLASS 4JORK OFFICER EQUIPMENT UNIFORM SUPPLIES SERVICE FIRE EXTINGUISHER UNIFORMS/GEAR REIMB PETTY CASH REIMB PETTY CASH REIMB PETTY CASH MAINT SUPPLIES REIMB PETTY CASH REIMB PETTY CASH 10/98 USE 10/98 PLEXAR 10/98 L'SE OFFICE SUPPLIES SEAT REPLACEMENT 978.03 379.94 21.18 15.93 417.05 9 8.51 21 8.39 10 0.00 51 5.55 74 7.15 1,43 4.26 9 0.00 16 3.05 37 4.94 7 6.65 49 6.85 6 8.05 22 7.90 11.10 1.20 6.75 40.68 15.95 5.95 6 53.91 3 88.50 33.52 7.92 5,776.78 137.00 137.00 6 11/25/98 8:41:43 CITY OF OWASSO GENERAL FUND A; P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- ANIMAL CONTROL ------------------------------ 990013 AT&T WIRELESS SERVICES PAGER USE 991110 GO SYSTEMS FUEL 10/98 991203 SAMUEL SPECIALTY METALS SHEET METAL 991427 TREASURER PETTY CASH SHELT ER SUPPLIES 991448 FSO 10/98 USE 991449 SOUTHWESTERN BELL TELE 10/98 PLEXAR DEPARTMENT TOTAL =___> FIRE SERVICES ------------------------------ 990013 AT&T WIRELESS SERVICES PAGER USE 990275 BMI SYSTEMS OF TULSA COPIER MAINT 991013 OKLAHOMA TURNPIKE AUTHORI PIKE PASS 991110 GO SYSTEMS FUEL 10/98 991448 PSO 10/98 L'SE 991449 SOUTHWESTERN BELL TELE 10/98 PLEXAR 991451 PAGENET PAGER USE DEPARTMENT TOTAL =___> EMERGERCY MGMT OPERATIONS 991448 PSO 991449 SOUTHWESTERN BELL TELE DEPARTMENT TOTAL =___> STREETS ------------------------------ 990013 AT&T WIRELESS SERVICES 990431 WAL-MART 990468 WAL-MART 990662 SIGNALTEK INC 990788 APAC-OKLAHOMA, INC. 990923 SOONER RENTAL 991110 GO SYSTEMS 991349 HUGHES LUMBER CO 991427 TREASURER FETTY CASH 991448 PSO 10/98 USE 10/98 PLEXAR PAGER USE UNIFORM JEANS MAINT SUPPLIES TRAFFIC CONTROL MAINT ASPHALT SCISSOR LIFT RENTAL FUEL 10/98 REPAIR SUPPLIES REIMB PETTY CASH 10/98 USE 7.03 43.44 1,140.30 18.99 164.96 21.51 1,396.23 -42.91 193.28 40.00 308.78 768.06 212.50 104.45 1,584.16 64.14 20.89 85.03 ,9 42.18 -- 118.08 18.88 332.50 378.48 160.00 444.41 4.68 10.00 ~ 351.04 e~ ~I CITY OF OWASSO "' GENERAL FUND 11/25/98 8:41:43 A/P CLAIMS REPORT APAPVR PAGE: 8 PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ---------------- ' 991449 SOUTHWESTERN BELL TELE 10/98 PLEXAR 991450 OKLAHOMA NATURAL GAS 10/98 USE DEPARTMENT TOTAL =___> ^OMMUNITY CENTER 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES ' 991362 WORLEYS GREENHOUSE LANDSCAPE PLANTS 991448 PSO 10/98 USE 991449 SOUTHWESTERN BELL TELE 10/98 PLEXAR ' 991450 OKLAHOMA NATURAL GAS 10/98 USE DEPARTMENT TOTAL =___> ' INTENANCE ARK r MA ---- ------- ------------------- ~ 990013 AT&T WIRELESS SERVICES 990015 AT&T WIRELESS SERVICES ~ 991110 GO SYSTEMS 991349 HUGHES LUMBER CO 991368 ANCHOR STONE CO 991368 ANCHOR STONE CO 991380 APAC-OKLAHOMA, INC. ~ 991427 TREASURER PETTY CASH 991448 PSO ~ 991449 SOUTHWESTERN BELL TELE DEPARTMENT TOTAL =___> ECONOMIC DEVELOPMENT ------------------------------ PAGER USE PHONE USE-WARREN FUEL 10/98 REPAIR SUPPLIES MARBLE FOR DRAIN SCREENINGS CRUSHER RtIN PER DIEM-PARKS EMP 10/98 L'SE 10/98 PLEXAR 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 991150 SPRINT PCS PHONE USE-TOBIAS 991155 OWASSO CHAMBER OF COMMERC CHAMBER RETREAT-TOBIAS 991427 TREASURER PETTY CASH REIMB PETTY CASH 991449 SOUTHWESTERN BELL TELE 10/98 PLEXAR DEPARTMENT TOTAL =___> FUND TOTAL =___> 20.89 44.15 1,925.29 16 4.98 1 64.07 1,15 0.07 1 19.07 69.76 1,667.95 2 1.09 2 3.14 16 1.22 16 1.76 13 6.52 7.36 4 7.26 2 10.00 7 39.22 50.54 1,558.11 18.86 53.20 90.00 1.00 110.76 273.82 25,039.71 CITY OF OWASSO WORKERS' COMP SELF-INS PLAN 11/25/98 8:41:43 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---------- ------------------------- ------------------------- ------------- GENERAL GOVERNMENT 990146 ST FRANCIS HOSPITAL J05318 990684 TULSA REGIONAL MED CTR 008058 990758 TULSA REGIONAL MED CTR 008058 990813 JIMMY MORGAN, DO 008058 991141 MEDCENTER INC 509108 991182 MEDCENTER INC 509108 991184 MEDCENTER INC D09098 991291 FELDMAN, FRANDEN, WOODARD D03287 991293 TULSA ORTI~O SPORTS 007228 991294 JAMES L GRIFFIN MD 007228 DEPARTMENT TOTAL =___> FUND TOTAL =___> 228.48 596.58 82.35 94.55 120.19 25.20 51.66 24.00 129.81 51.66 1,404.48 1,404.48 ~~ CITY OF OWASSO AMBULANCE SERVICE FUND 11/25/98 8:41:43 A/F CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ~~ MBIJLANCE ~~ i t e 990362 ROGERS UNIVERSITY BOOKSTO TEXTBOOKS-LAWLESS 236.00 DEPARTMENT TOTAL =___> 236.00 FUND TOTAL =___> 236.00 2 CITY OF OWASSO E - 911 11/25/98 8:41:43 A/P CLAIMS REPORT APAPVR PAGE: 3 FO # VENDOR DESCRIPTION AMOUNT POLICE COMMUNICATIONS 990004 SOUTHWESTERN BELL TELE E-911 SERVICE -----1,934_82 DEPARTMENT TOTAL =___> 1,934.82 FUND TOTAL =___> 1,934.82 1 t 1 1 1 CITY OF OWASSO " CITY GARAGE 11/25/98 8:41:43 A/P CLAIMS REPORT APAPVR PAGE: 14 PO # VENDOR DESCRIPTION AMOUNT ;ITY GARAGE 990013 AT&T WIRELESS SERVICES PAGER USE 7.03 ' 990195 YALE UNIFORM RENTAL UNIFORM RENTAL 49.80 990280 YOUNG'S TIRE SERVICE TIRE REPAIRS 58.68 990283 CROW BURLINGAME REPAIR SUPPLIES 39.C1 ' 990283 CROW BURLINGAME REPAIR PARTS 6 76.07 991110 GO SYSTEMS FUEL 10/98 13.77 991334 SOUTHEAST AUTO TRIM INC REPAIR PARTS 2 50.00 ~ 991335 USUABLE STEEL YARD STEEL FOR REPAIRS 22.40 991336 STEVE'S WHOLESALE MAINT SUPPLIES 16.99 991336 STEVE'S WHOLESALE JETTER PARTS 11.56 991336 STEVE'S WHOLESALE HAND TOOLS 1 03.87 ~ 991337 WILLIAMS REFIJSE EQUIPMENT REFUSE TRUCK PARTS 3 56.69 991338 EQUIPMENT ONE RENTAL & SA OVERALLS/JACKET-SMITH 1 34.94 991339 TULSA CYCLE SUPPLY VEHICLE REPAIR 2 66.88 ' 991357 FRICTION PROD BRAKE REPAIR PARTS 75.00 991358 OK TRUCK SUPPLY REPAIR PARTS 1 00.47 991359 AUTO ZONE RADIATOR 4 08.48 '~ 991360 AW DIRECT PLOW PARTS 6 16.80 991361 TIRE DIST SYSTEMS INC TIRES RECAPPED 2 47.10 991394 TULCO OILS INC ANTIFREEZE 2 34.74 991394 TULCO OILS INC TRANSMISSION FLUID 2 24.40 991394 TtJLCO OILS INC HYDRAULIC FLUID 1 99.99 i 991394 TULCO OILS INC 15/40 MOTOR OIL 1 92.37 991396 EDDIE'S TRANSMISSION OVERHAUL TRANSMISSION 8 22.00 ' 991397 GELLCO SAFETY SHOES SAFETY BOOTS-TAYLOR 1 11.60 991398 PAULS ALTERNATOR SERVICE ALTERNATOR 43.75 991399 THOMPSON DIESEL INC TRUCK PARTS 4 26.95 ~ 991400 SHERWOOD AUTOMOTIVE VEHICLE REPAIRS 4 74.90 991420 ACT AUTO ELECTRIC REBUILD ALTERNATOR 1 35.00 991422 BIG 4 SERVICE & SUPPLY REPAIR PARTS 1 08.53 991423 SOUTHEAST AUTO TRIM INC REPAIR FARTS 1 09.64 991424 CLASSIC CHEVROLET REPAIR PARTS 43.70 ` 991427 TREASURER PETTY CASH REIMB PETTY CASH 5.00 991448 PSO 10/98 USE 2 42.17 ' 991449 SOUTHWESTERN BELL TELE 10/98 PLEXAR 42.40 991450 OKLAHOMA NATURAL GAS 10/98 USE 39.89 DEPARTMENT TOTAL =___> 6,9 12.57 FUND TOTAL =___> 6,9 12 57 CITY OF OWASSO PLEASANT VIEW SEWER IMPROV. DIST. 11/25/98 8:41:43 A/P CLAIMS REPORT APAPVR PAGE: ---PO-#--- -----_ --VENDOR ---- _DESCRIPTION ---AMOUNT -- --------------- ----------------- 991199 EDWARD D JONES & CO DEPARTMENT TOTAL =___> FUND TOTAL =___> REDEMPTION-REVENUE BONDS 500.00 500.OC 500.00 ^ 15 1 ~~ CITY OF OWASSO CAPITAL PROJECTS GRANT 11/25/98 8:41:43 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT y ------------------------- ------------- ---------- ------------------------- DOT IND ACCESS (ONG PROJECT) 991297 TULSA COUNTY BOCC DEPARTMENT TOTAL =___> ONG ACCESS ROAD-11/17/98 56,875.00 56,875.00 FUND TOTAL =___> 56,875.00 16 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 11/21/98 Information Systems 0.00 2,769.06 Support Services 78:53 4,321.30 Police 1106.29 49,565.80 Animal Control 0.00 1,614.58 Fire:: 5;48 40,073.28 _. _ _. Street 26.00 9,091.47 Community-Senior Center > 0:00 3,127.25. Park Maintenace 0.00 3,526.95 General Fund Total $1,312.19 $154,875.07 Garage Fund __ _ _ _ _ __ ~a~age, $0;00 $3,628.05: Garage Fund Total $0.00 $3,628.05 APPROVED: 12/01/98 Mayor Council Member Council Member 1 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JEFF HANCOCK CTY MANAGER SUBJECT: ACCEPTANCE AND AUTHORIZATION FOR THE MAYOR TO ENTER INTO PURCHASE OPTION AGREEMENTS FOR PROPERTY TO CONSTRUCT A NEW CITY HALL DATE: NOVEMBER 25,1998 BACKGROUND: Due to higher than anticipated cost estimates for the construction of a new City Hall, the City Council previously directed the City Manager to pursue negotiations on two sites and ascertain the most cost effective site. These two sites included an approximate 5.95 acre behind McDonald near 76~' and Highway 169 and a 2.93 acre on Main Street site presently surrounding the existing Police Station. At a recent Council session, staff presented a cost analysis of each site. This analysis included estimated site acquisition and estimated costs for relocation of utilities, demo- lition, storm water detention, stabilization of the Drainage Channel at the 76`~/Highway 169 site and site grading. This analysis concluded that, with the elimination of an estimated $120,000 for a possible traffic signal at Dogwood and 76`~ Street, cost for both sites were almost equal. The City Council was informed that in order to proceed with the construction of a new city hall, site needs to be selected as soon as possible. In addition, and while continuing to explore all potential savings, staff provided Council a strategy to maintain progress on all aspects of the bons issue project. RECOMMENDATION: Staff has negotiated purchase options with six property owners at the Main Street Site. Attached is a diagram outlining the 2.93-acre site. Staff recommends Council acceptance of the Purchase Option Agreements and authorization for the Mayor to enter into said agreements. To purchase all of the properties, Council will need to approve no later than the January 19, 1999 City Councii meeting the Contracts for Sale of Real Estate attached to each Purchase Option. ATTACHMENT: Site Location Map 11 ~4 Z'ti. ;..~~ _ ! I . -EEEI(T+ANFi, FAEO - ~ - ~~ -` . I ~- ~ EVAN$_ RUTH i 1` i c - _. =!TY. _~ F[RST UNITEO IfiH00IS1 Ci0.k2'~I l _ +I E 2 ST N 1 ~1 ~• -~ ~ EVANS. ~ MAAT ~~ I: ~_ IENi NAL BAVi151 CHURCH C T ' ST E BROADWAY ST BR OAD W~ `~ ~ _ ~lCt;?-'i. =03E~. _ iD'.. - __ E^ < =EIL EL L- C u~p55u I'~L tL RY CHM ~ "' , LES `+ tE CO ~ 1 p^ =-isF= i $OJIMWE L E~~ EEL MCIMEf4;_ NAa (tom yam =illr ° ,~II:'~~, ` ~ ~CM~ ~ ;J. -~• -S;CCi FELL EL CO . pNti S • ) _ BRONN, BOttNIE ( It.aORF~ =Co---.A!_ 4ahE .K i COOPER. HUIH I E:NOCS++Ii . W 1 ~'T COOPER. HUiH ~ R W 2 SIT ~- r MEMORANDUM ^ ~ TO: FROM: SUBJECT: !" DATE: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO MARCIA BOUTWELL CITY CLERK ATTACHMENT #8 November 25, 1998 Attachment #8 relating to Purchase Option Agreements has been included in City Council agenda packets only and has not been distributed to the general public. The Agreement from Richard Halbrook has not been completed, but we have been contacted by the Holbrooks and anticipate that it will be signed on Monday, December 30th. PURCHASE OPTION AGREEMENT THIS PURCHASE OPTION dated e ~c.•~-~ c,~ 1 1998, is hereby granted by James C. Carini and Kathleen L. Carini ("Sellers") to the City of Owasso, Oklahoma ("Buyer"). Sellers are owners of the real property together with the improvements thereon located in ' Tulsa County, Oklahoma, which is more particularly described on Exhibit "A" attached as a part of this Agreement (the "Property"). Buyer desires to obtain an option to purchase the Property on the terms set forth below. In consideration of the sum of Ten Dollars ($10.00) paid by Buyer to Sellers, which sum shall be in addition to the purchase price for the Property in the event this option to purchase is exercised, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of Option: Sellers offer to sell and convey to Buyer and hereby grant to Buyer the exclusive and irrevocable option to purchase the Property, together with the improvements thereon, and all the rights, ways, alleys, privileges, and appurtenances belong or in anywise appertaining thereto, more particularly described on Exhibit "A", subject to the terms and conditions set forth below and in the form of Contract of Sale which is attached as a part of this Agreement and is designated as Exhibit "B" (the "Contract of Sale"). 2. Time for Exercise. Buyer's option to purchase the Property must be exercised by Buyer on or before S.' v o ~? . m. ~A-N u a7c y ~° , 19 9 `~ If the option to purchase is not exercised on or before that date, this option to purchase shall automatically cease and terminate, neither party shall have any further rights hereunder, at law or in equity, and this Agreement shall be null and void, all without r'urther action or documentation by either party. 3. Manner of Exercise. Buyer's option to purchase shall be exercised by the timely delivery to Sellers at Seller's address set forth below of two (2) copies of the Contract of Sale duly executed by Buyer, together with a check payable to the order of Sellers for the amount of the earnest money deposit specified in the Contract of Sale. Promptly upon receiving the same Sellers shall execute both copies of the Contract of Sale and return one (1) fully executed copy to Buyer. The failure of Sellers to execute and return a fully executed copy of the Contract of Sale to Buyer shall not affect its enforceability and the Contract of Sale shall be binding upon and enforceable against Sellers in the same manner as if it had been executed by Sellers and returned to Buyer. 4. Rights and Obligations of the Parties if the Option is Exercised. In the event that Buyer exercises the option to purchase within the time and in the manner hereinbefore provided, then thereafter the rights and obligations of Sellers and Buyer with respect to the Property shall be governed by the terms and conditions contained in the Contract of Sale. 5. Seller's Address: The address of Sellers is as follows: James C. ~ Kathleen L. Carini 129 Spunky Creek Drive Catoosa, Oklahoma 74015-2313 6. Time of the Essence. Time shall be of the essence of this Option Agreement. EXECUTED this ~_ day of ~ave M 13E,~ .1998. SELLERS: ~~ BUYER: miscform.099 EXI~IT "A" Owasso Original Town LT2BLIi10 ~ EXHIBIT "B" CONTRACT OF SALE OF REAL ESTATE THIS CONTRACT' is entered into between James C. and Kathleen L. Carini ("Sellers") and The City of Owasso, Oklahoma, an Oklahoma Municipal Corporation, ("Buyer"). Upon approval of this Contract by both Sellers and Buyer, evidenced by their signature hereto, a valid and binding contract of sale shall exist. T. SALE: Sellers agree to sell and convey to Buyer by warranty deed and Buyer agrees to purchase the following described real estate (the "Property") located in Tulsa County, State of Oklahoma, to-wit: Owasso-Original Town LT 2 BLK 10 together with all improvements thereon, if any, in their present condition, ordinary wear and tear excepted, and including the following personal property: NONE ~ al urchase rice is ~ '~ ~` 2. PURCHASE PRICE: The tot p p to be paid upon closing, by cashiers check or certified funds. 3. TAXES AND PROBATIONS: A. The Sellers, shall be responsible for: (i) all special assessments against the Property upon the date of Closing, whether or not payable in installments; (ii) all taxes, other than general ad valorem taxes for the current calendar year, which are a lien on the Property upon the date of Closing; and ('iii) the cost of any item of worlananship or material furnished on or prior to the date of Closing which is or may become a lien on the Property. B. Sellers and Buyer shall prorate the general ad valorem taxes for the current year on the subject property as of the date of Closing. 4. CONDITION OF PROPERTY: A. Until Closing or transfer of possession, risk of loss to the Property, ordinary wear and tear excepted, shall be upon Sellers; after Closing or transfer of possession, such risk shall be upon Buyer. i i B. Unless otherwise agreed upon in writing, Buyer, by Closing or taking possession of the Property, shall be deemed to have accepted the Property in its then condition. No warranties, express or implied, by Sellers, or Sellers agents, with reference to the condition of the Property shall be deemed to survive the Closing. 5. CLOSING: Subject to the provisions of paragraph three (3) and subject to the fulfillment of any conditions to the Closing specified in paragraph seven (7), the Closing shall be held on or before the ~ day of Thu R,e-~ , 19 9 9 . If there are valid objections to title which require correction, the Closing shall be extended for forty-five (45) days to correct such objections. Valid objections to title shall consist of any circumstance, item or matter appearing of record or extraneous thereto which under the Title Examination Standards of the Oklahoma Bar Association would adversely affect or impair the marketability or merchantability of title as such is defined in the Title Examination Standards of the Oklahoma Bar Association. If such valid objections to title cannot be cured with the forty-five (45) day time period, unless extended by mutual consent, or, alternatively, if Sellers shall desire not to cure such valid objection to title, then, in such event, this contract shall be thereby nullified and Sellers shall refund all of Buyer's earnest money referred to in paragraph two (2) hereof. At the Closing, the Sellers shall deliver to Buyer, a duly executed and acknowledged warranty deed conveying indefeasible fee simple title to the Property to the Buyer upon payment of the Purchase Price as heretofore provided. Unless otherwise agreed to in writing, possession shall be transferred at Closing. 6. BREACH OR FAILURE TO CLOSE: If, after the Sellers have performed ~• a. . _ .. obligations under this Contract, and if within five (5) days after the date specified for Closing under paragraph five (5) the Buyer fails to make the payments or to perform any other obligation of the Buyer under this Contract, then al] sums theretofore paid on the Purchase Price shall, at the option of the Sellers, be retained as liquidated damages for the breach of this Contract by the Buyer. The Sellers and Buyer agree that such amount is a reasonable amount for liquidated damages and that it would be impractical and extremely difficult to determine actual damages. If Buyer shall perform all of the obligations of Buyer hereunder and Sellers shall breach this Contract or fail to perform any of Sellers obligations hereunder, the Buyer shall be entitled to cancel and terminate this Contract, or pursue specific performance of this Contract. SPECIAL CONDITIONS: A. No realtors commission is to be payable on this transaction. B. Sellers, at Sellers' expense, shall provide to Buyer an Abstract of Title duly ~ certified, to the date of the Contract. 8. EFFECT: This Contract when executed by both Sellers and Buyer, shall be binding upon and inure to the benefit of Sellers and Buyer, their heirs, legal representatives, successors and assigns. This Contract sets forth the complete understanding of Sellers and Buyer and supersedes all previous negotiations, representations and agreements between them and their agents. This Contract can only be amended or modified by a written agreement signed by Sellers and Buyer. APPROVED BY BUYER THIS DAY OF , 19 CITY OF OWASSO, OKLAHOMA Denise Bode, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED BY SELLERS THIS ~3 DAY OF l~ay~M~3E7L , 1995 . C' ames C. Carini Kathleen L. Carini 2780-325.cfs 3 PURCHASE OPTION AGREEMENT THIS PURCHASE OPTION dated ~)o~e~ b ~ 2 `~- , 1998, is hereby granted by G.T. Kaase and Geraldine Kaase ("Sellers") to the City of Owasso, Oklahoma ("Buyer"). Sellers are owners of the real property together with the improvements thereon located in Tulsa County, Oklahoma, which is more particularly described on Exhibit "A" attached as a part of this Agreement (the "Property"). Buyer desires to obtain an option to purchase the Property on the terms set forth below. In consideration of the sum of Ten Dollars (S 10.00) paid by Buyer to Sellers, which sum shall be in addition to the purchase price for the Property in the event this option to purchase is exercised, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of Option: Sellers offer to sell and convey to Buyer and hereby grant to Buyer the exclusive and irrevocable option to purchase the Property, together with the improvements thereon, and all the rights, ways, alleys, privileges, and appurtenances belong or in anywise appertaining thereto, more particularly described on Exhibit "A", subject to the terms and conditions set forth below and in the form of Contract of Sale which is attached as a part of this Agreement and is designated as Exhibit "B" (the "Contract of Sale"). 2. Time for Exercise. Buyer's option to purchase the Property must be exercised by Buyer on or before 5 f? .m. ~-u~2~~ ~ , 19~ If the option to purchase is not exercised on or before that date, this option to purchase shall automatically cease and terminate, neither party shall have any further rights hereunder, at law or in equity, and this Agreement shall be null and void, all without further action or documentation by either parry. 3. Manner of Exercise. Buyer's option to purchase shall be exercised by the timely delivery to Sellers at Seller's address set forth below of two (2) copies of the Contract of Sale duly executed by Buyer, together with a check payable to the order of Sellers for the amount of the earnest money deposit specified in the Contract of Sale. Promptly upon receiving the same Sellers shall execute both copies of the Contract of Sale and return one (1) fully executed copy to Buyer. The failure of Sellers to execute and return a fully executed copy of the Contract of Sale to Buyer shall not affect its enforceability and the Contract of Sale shall be binding upon and enforceable against Sellers in the same manner as if it had been executed by Sellers and returned to Buyer. 4. Rights and Obligations of the Parties if the Option is Exercised. In the event that Buyer exercises the option to purchase within the lime and in the manner hereinbefore provided, then thereafter the rights and obligations of Seller s and Buyer with respect to the Property shall be governed by the terms and conditions contained in the Contract of Sale. 5. Seller's Address: The address of Sellers is as follows: G.T. & Geraldine Kaase 7311 North 119th East Avenue Owasso, Oklahoma 74055-5701 6. Time of the Essence. Time shall be of the essence of this Option Agreement. EXECUTED this o2~/'day of ~ der' , 1998. ~~e.. SELLERS~Q BUYER: miscform.099 EXHII3IT "A" Owasso Original Town LT 4 BLK 10 1 EXHIBIT "B„ CONTRACT OF SALE OF REAL ESTATE THIS CONTRACT is entered into between G.T. Kaase and Geraldine Kaase ("Sellers") and The City of Owasso, Oklahoma, an Oklahoma Municipal Corporation, ("Buyer"). Upon approval of this Contract by both Sellers and Buyer, evidenced by their signature hereto, a valid and binding contract of sale shall exist. 1. SALE: Sellers agree to sell and convey to Buyer by warranty deed and Buyer agrees to purchase the following described real estate (the "Property") located in Tulsa County, State of Oklahoma, to-wit: Owasso-Original Town LT 4 BLK 10 ~ together with all improvements thereon, if any, in their present condition, ordinary wear and tear excepted, and including the following personal property: NONE r S3 p p ,~a~ 2. PURCHASE PRICE: The total purchase price is /~ ,, ~ ,~ J to be paid upon closing, by cashier's check or certified funds. ~ ` ~ X' ~ ~ 3. TAXES AND PROBATIONS: A. The Sellers, shall be responsible for: (i) all special assessments against the Property upon the date of Closing, whether or not payable in installments; (ii) all taxes, other than general ad valorem taxes for the current calendar year, which are a lien on the Property upon the date of Closing; and (iii) the cost of any item of workmanship or material furnished on or prior to the date of Closing which is or may become a lien on the Property. B. Sellers and Buyer shall prorate the general ad valorem taxes for the current year on the subject property as of the date of Closing. 4. CONDITION OF PROPERTY: A. Until Closing or transfer of possession, risk of loss to the Property, ordinary wear and tear excepted, shall be upon Sellers; after Closing or transfer of possession, such risk shall be upon Buyer. B. Unless otherwise agreed upon in writing, Buyer„ by Closing or taking possession of the Property, shall be deemed to have accepted the Property in its then condition. No ~ warranties, express or implied, by Sellers, or Sellers agents, with reference to the condition of the Property shall be deemed to survive the Closing. 5. CLOSING: Subject to the provisions of paragraph three (3) and subject to the fulfillment of any conditions to the Closing specified in paragraph seven (7), the Closing shall be held on or before the _ day of , I9_ If there are valid objections to title which require correction, the Closing shall be extended for forty-five (45) days to correct such objections. Valid objections to title shall consist of any circumstance, item or matter appearing of record or extraneous thereto which under the Title Examination Standards of the Oklahoma Bar Association would adversely affect or impair the marketability or merchantability of title as such is defined in the Title Examination Standards of the Oklahoma Bar Association. If such valid objections to title cannot be cured with the forty-five (45) day time period, unless extended by mutual consent, or, alternatively, if Sellers shall desire not to cure such valid objection to title, then, in such event, this contract shall be thereby millified and Sellers shall refund all of Buyer's earnest money referred to in paragraph two (2) hereof At the Closing, the Sellers shall deliver to Buyer, a duly executed and aclaYOwledged warranty deed conveying indefeasible fee simple title to the Property to the Buyer upon payment of the Purchase Price as heretofore provided. Unless otherwise agreed to in writing, possession shall be transferred at Closing. 6. BREACH OR FAH.URE TO CLOSE: Ii; after the Sellers have performed Sellers' obligations under this Contract, and if within five (5) days after the date specified for Closing under paragraph five (5) the Buyer fails to make the payments or to perform any other obligation of the Buyer under this Contract, then all sums theretofore paid on the Purchase Price shall, at the option of the Sellers, be retained as liquidated damages for the breach of this Contract by the Buyer. The Sellers and Buyer agree that such amount is a reasonable amount for liquidated damages and that it would be impractical and extremely difficult to determine actual damages. If Buyer shall perform all of the obligations of Buyer hereunder and Sellers shall breach this Contract or fail to perform any of Sellers obligations hereunder, the Buyer shall be entitled to cancel and terminate this Contract, or pursue specific performance of this Contract. SPECIAL CONDITI011'S: A. No realtors commission is to be payable on this transaction. B. Sellers, at Sellers' expense, shall provide to Buyer an Abstract of Title duly certified, to the date of the Contract. 8. EFFECT: This Contract when executed by both Sellers and Buyer, shall be binding upon and inure to the benefit of Sellers and Buyer, their heirs, legal representatives, successors and assigns. This Contract sets forth the complete understanding of Sellers and Buyer and supersedes all previous negotiations, representations and agreements between them and their agents. This Contract can only be amended or modified by a written agreement signed by Sellers and Buyer. APPROVED BY BUYER THIS DAY OF , 19 CITY OF OWASSO, OKLAHOMA Denise Bode, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED BY SELLERS THIS DAY OF , 19 G. T. Kaase Geraldine Kaase 2780-325.cfs 3 PURCHASE OPTION AGREEMENT THIS PURCHASE OPTION dated ~ ~ , 1998, is hereby granted by Fred T. Morgan, Mildred N. Morgan, Christopher H. Faith and Elaine R. Faith ("Sellers") to the City of Owasso, Oklahoma ("Buyer"). Sellers are owners of the real property together with the improvements thereon located in Tulsa County, Oklahoma, which is more particularly described on Exhibit "A" attached as a part of this Agreement (the "Property"). Buyer desires to obtain an option to purchase the Property on the terms set forth below. In consideration of the sum of Ten Dollars ($10.00) paid by Buyer to Sellers, which sum shall be in addition to the purchase price for the Property in the event this option to purchase is exercised, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of Option: Sellers offer to sell and convey to Buyer and hereby grants to Buyer the exclusive and irrevocable option to purchase the Property, together with the improvements thereon, and all the rights, ways, alleys, privileges, and appurtenances belong or in anywise appertaining thereto, more particularly described on Exhibit "A", subject to the terms and conditions set forth below and in the form of Contract of Sale which is attached as a part of this Agreement and is designated as Exhibit "B"-(the "Contract of Sale"). 2. Time for Exercise. Buyer's option to purchase the Property must be exercised by s'o~ P m ~ , 19~- If the option to purchase is Buyer on or before ~~_~ not exercised on or before that date, this option to purchase shall automatically cease and terminate, neither party shall have any further rights hereunder, at law or in equity, and this Agreement shall be null and void, all without further action or documentation by either party. 3. Manner of Exercise. Buyer's option to purchase shall be exercised by the timely delivery to Sellers at Seller's address set forth below of two (2) copies of the Contract of Sale duly executed by Buyer, together with a check payable to the order of Sellers for the amount of the earnest money deposit specified in the Contract of Sale. Promptly upon receiving the same Sellers shall execute both copies of the Contract of Sale and return one (1) fully executed copy to Buyer. The failure of Sellers to execute and return a fully executed copy of the Contract of Sale to Buyer shall not affect its enforceability and the Contract of Sale shall be binding upon and enforceable against Sellers in the same manner as if it had been executed by Sellers and returned to Buyer. 4. Rights and Obligations of the Parties if the Option is Exercised. In the event that Buyer exercises the option to purchase within the time and in the manner hereinbefore provided, then thereafter the rights and obligations of Sellers and Buyer with respect to the Property shall be governed by the terms and conditions contained in the Contract of Sale. 5. Seller's Address: The address of Sellers is as follows Fred T. & Mildred N. Morgan 16120 East 100th Street North Owasso, Oklahoma 74055 Christopher H. & Elaine Pte. Faith 105 North Main Owasso, Oklahoma 74055 6. Time of the Essence. Time shall be of the essence of this Option Agreement. EXECUTED this day of 1998 BUYER: miscform.099 EXf-IIBIT "A" Owasso Original Town N50 LT 6 BLK 10 i~ EXHIBIT "B" CONTRACT OF SALE OF REAL ESTATE 1 THIS CONTRACT is entered into between Fred T. Morgan, Mildred N. Morgan, Christopher H. Faith and Elaine R Faith ("Sellers") and The City of Owasso, Oklahoma, an , Oklahoma Municipal Corporation, ("Buyer"). Upon approval of this Contract by both Sellers and Buyer, evidenced by their signature t hereto, a valid and binding contract of sale shall exist. ' 1. SALE: Sellers agree to sell and convey to Buyer by warranty deed and Buyer agrees to purchase the following described real estate (the "Property") located in Tulsa County, State of . Oklahoma, to-wit: Owasso-Original Town N50 LT 6 BLK 10 together with all improvements thereon, if any, in their present condition, ordinary wear and tear ~, excepted, and including the following personal property: NONE .~a .~,,~ ~~~ 2. PURCHASE PRICE: The total purchase pnce is U ~0 ~~ ~ to be paid upon closing, by cashier's check or certified fiznds. 3. TAXES AND PROBATIONS: A. The Sellers, shall be responsible for: (i) all special assessments against the Property upon the date of Closing, whether or not payable in installments; (ii) all taxes, other than ' general ad valorem taxes for the currern calendar year, which are a lien on the Property upon the date of Closing; and (iii) the cost of any item of workmanship or material furnished on or prior to the date of Closing which is or may become a lien on the Property. ~ B. Sellers and Buyer shall prorate the general ad valorem taxes for the current .~ year on the subject property as of the date of Closing. 4. CONDITION OF PROPERTY: A. Until Closing or transfer of possession, risk of loss to the Property, ordinary wear and tear excepted, shall be upon Sellers; after Closing or transfer of possession, such risk shall be upon Buyer. B. Unless otherwise agreed upon in writing, Buyer, by Closing or taking possession of the Property, shall be deemed to have accepted the Property in its then condition. No ^ warranties, express or implied, by Sellers, or Seller's agents, with reference to the condition of the Property shall be deemed to survive the Closing. 5. CLOSING: Subject to the provisions of paragraph three (3) and subject to the fulfillment of any conditions to the Closing specified in paragraph seven (7), the Closing shall be held on or before the _ day of , 19_ If there are valid objections to title which require correction, the Closing shall be extended for forty-five (45) days to correct such objections. Valid objections to title shall consist of any circumstance, item or matter appearing of record or extraneous thereto which under the Title Examination Standards of the Oklahoma Bar Association would adversely affect or impair the marketability or merchantability of title as such is defined in the Title Examination Standards of the Oklahoma Bar Association. If such valid objections to title cannot be cured with the forty-five (45) day time period, unless extended by mutual consent, or, alternatively, if Sellers shall desire not to cure such valid objection to title, then, in such event, this contract shall be thereby nullified and Sellers shall refund ail of Buyer's earnest money referred to in paragraph two (2) hereof. At the Closing, the Sellers shall deliver to Buyer, a duly executed and acknowledged warranty deed conveying indefeasible fee simple title to the Property to the Buyer upon payment of the Purchase Price as heretofore provided. Unless otherwise agreed to in writing, possession shall be transferred at Closing. 6. BREACH OR FAILURE TO CLOSE: If, after the Sellers have performed Sellers' obligations under this Contract, and if within five (5) days after the date specified for Closing under paragraph five (5) the Buyer fails to make the payments or to perform any other obligation of the Buyer under this Contract, then all sums theretofore paid on the Purchase Price shall, at the option of the Sellers, be retained as liquidated damages for the breach of this Contract by the Buyer. The Sellers and Buyer agree that such amount is a reasonable amount for liquidated damages and that it would be impractical and extremely difficult to deternune actual damages. If Buyer shall perform all ofthe obligations of Buyer hereunder and Sellers shall breach this Contract or fail to perform any of Sellers obligations hereunder, the Buyer shall be entitled to cancel and terminate this Contract, or pursue specific performance of this Contract. 7. SPECIAL CONDITIONS: A. No realtors commission is to be payable on this transaction. B. Sellers, at Sellers' expense, shall provide to Buyer an Abstract of Title duly certified, to the date of the Contract. 8. EFFECT: This Contract when executed by both Sellers and Buyer, shall be binding upon and inure to the benefit of Sellers and Buyer, their heirs, legal representatives, successors and assigns. This Contract sets forth the complete understanding of Sellers and Buyer and supersedes all previous negotiations, representations and agreements between them and their agents. This Contract can only be amended or modified by a written agreement signed by Sellers and Buyer. APPROVED BY BUYER TffiS DAY OF , 19 CITY OF OWASSO, OKLAHOMA Denise Bode, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED BY SELLERS TIIIS DAY OF T. 9 r C ~'L 4~~ Mildr d N. Morgan 's r H. ai laine R. Faith 1 2780-325.cfs 3 ,. PURCHASE OPTION AGREEMENT THIS PURCHASE OPTION dated , 1998, is hereby granted by Mary Ellen Esposito and Dorothy Esposito ("Sellers") to the City of Owasso, Oklahoma ("Buyer"). Sellers are owners of the real property together with the improvements thereon located in Tulsa County, Oklahoma, which is more particularly described on Exhibit "A" attached as a part of this Agreement (the "Property"). Buyer desires to obtain an option to purchase the Property on the terms set forth below. In consideration of the sum of Ten Dollars ($10.00) paid by Buyer to Sellers, wluc sum shall be in addition to the purchase price for the Property in the event this option to purchase is exercised, and for other good and valuable consideration, the receipt and sufficiency of which are ~ hereby acknowledged, the parties agree as follows: 1. Grant of Option: Sellers offer to sell and convey to Buyer and hereby grant to Buyer the exclusive and irrevocable option to purchase the Property, together with the improvements thereon, and all the rights, ways, alleys, privileges, and appurtenances belong or in anywise ~ appertaining thereto, more particularly described on Exhibit "A", subject to the terms and conditions set forth below and in the form of Contract of Sale which is attached as a part of this Agreement and is designated as Exhibit "B" (the "Contract of Sale"). ~+ 2. Time for Exercise. Buyer's option to purchase the Property must be exercised by Buyer on or before S'p 0 , ~.m. ~N ~2 ~ 19~. If the option to purchase is ' not exercised on or before that date, this option t purchase shall automatically cease and terminate, neither party shall have any further rights hereunder, at law or in equity, and this Agreement shall be null and void, all without further action or documentation by either party. ~ 3. Manner of Exercise. Buyer's option to purchase shall be exercised by the timely delivery to Sellers at Seller's address set forth below of two (2) copies of the Contract of Sale ' duly executed by Buyer, together with a check payable to the order of Sellers for the amount of the earnest money deposit specified in the Contract of Sale. Promptly upon receiving the same .~ Sellers shall execute both copies of the Contract of Sale and return one (1) fully executed copy to Buyer. The failure of Sellers to execute and return a fully executed copy of the Contract of Sale to Buyer shall not affect its enforceability and the Contract of Sale shall be binding upon and enforceable against Sellers in the same manner as if it had been executed by Sellers and returned ~ to Buyer. ""~ 4. Rights and Obligations of the Parties if the Option is Exercised. In the event that Buyer exercises the option to purchase within the time and in the manner hereinbefore provided, then thereafter the rights and obligations of Sellers and Buyer with respect to the Property shall be governed by the terms and conditions contained in the Contract of Sale. 5. Seller's Address: The address of Sellers is as follows: Mary Ellen Esposito Dorothy Esposito 108 North Birch Street Owasso, Oklahoma 74055-2926 6. Time of the Essence. Time shall be of the essence of this Option Agreement. EXECUTED this day of 1998. b SELLERS: BUYER: miscform.099 EXI~IT "A" Owasso Original Town LT 3 BLK 10 ~~ ..<y: z EXHIBIT "B" CONTRACT OF SALE OF REAL ESTATE THIS CONTRACT is entered into between Mary Ellen Esposito and Dorothy Esposito ("Sellers") and The Ciry of Owasso, Oklahoma, an Oklahoma Municipal Corporation, ("Buyer"). Upon approval of this Contract by both Sellers and Buyer, evidenced by their signature hereto, a valid and binding contract of sale shall exist. 1. SALE: Sellers agree to sell and convey to Buyer by warranty deed and Buyer agrees to purchase the following described real estate (the "Property") located in Tulsa County, State of Oklahoma, to-wit: Owasso-Original Town LT 3 BLK 10 together with all improvements thereon, if any, in their present condition, ordinary wear and tear excepted, and including the following personal property: NONE /~ a ~ D ~1/ 2. PURCHASE PRICE. The total purchase price is ~ ~~ -l ~ ~~~ to be paid upon closing, by cashiers check or certified funds. ~ ` 3. TAXES AND PROBATIONS: A. The Sellers, shall be responsible for: (i) all special assessments against the Property upon the date of Closing, whether or not payable in installments; (ii) all taxes, other than general ad valorem taxes for the current calendar year, which are a lien on the Property upon the date of Closing; and (iii) the cost of any item of workmanship or material furnished on or prior to the date of Closing which is or may become a lien on the Property. B. Sellers and Buyer shall prorate the general ad valorem taxes for the current year on the subject property as of the date of Closing. 4. CONDITION OF PROPERTY: A. Until Closing or transfer of possession, risk of loss to the Property, ordinary wear and tear excepted, shall be upon Sellers; after Closing or transfer of possession, such risk shall be upon Buyer. B. Unless otherwise agreed upon in writing, Buyer, by Closing or taking possession of the Property, shall be deemed to have accepted the Property in its then condition. No 1 1 1 1 1 1 1 1 warranties, express or implied, by Sellers, or Sellers agents, with reference to the condition of the Property shall be deemed to survive the Closing. 5. CLOSING: Subject to the provisions of paragraph three (3) and subject to the fiilfillment of any conditions to the Closing specified in paragraph seven (7), the Closing shall be held on or before the _ day of , 19_ If there are valid objections to title which require correction, the Closing shall be extended for forty-five (45) days to correct such objections. Valid objections to title shall consist of any circumstance, item or matter appearing of record or extraneous thereto which under the Title Examination Standards of the Oklahoma Bar Association would adversely affect or impair the marketability or merchantability of title as such is defined in the Title Examination Standards of the Oklahoma Bar Association. If such valid objections to title cannot be cured with the forty-five (45) day time period, unless extended by mutual consent, or, alternatively, if Sellers shall desire not to cure such valid objection to title, then, in such event, this contract shall be thereby nullified and Sellers shall refund all of Buyer's earnest money referred to in paragraph two (2) hereof. At the Closing, the Sellers shall deliver to Buyer, a duly executed and acknowledged warranty deed conveying indefeasible fee simple title to the Property to the Buyer upon payment of the Purchase Price as heretofore provided. Unless otherwise agreed to in writing, possession shall be transferred at Closing. 6. BREACH OR FAILURE TO CLOSE: If, after the Sellers have performed Sellers' obligations under this Contract, and if within five (5) days after the date specified for Closing under paragraph five (5) the Buyer fails to make the payments or to perform any other obligation of the Buyer under this Contract, then all sums theretofore paid on the Purchase Price shall, at the option of the Sellers, be retained as liquidated damages for the breach of this Contract by the Buyer. The Sellers and Buyer agree that such amount is a reasonable amount for liquidated damages and that it would be impractical and extremely difficult to determine actual damages. If Buyer shall perform all of the obligations of Buyer hereunder and Sellers shall breach this Contract or fail to perform any of Sellers obligations hereunder, the Buyer shall be entitled to cancel and terminate this Contract, or pursue specific performance of this Contract. 7. SPECIAL CONDITIONS: A. No realtors commission is to be payable on this transaction. 2 ~,.,.. h Sel,~ ui 1/ h,~~e 'td e ,P: ~t fo crc/P tie G. ~oR o-~ PR CeNS:~e,P4l:ov ~P ~ y i'~~1~ -,~eo~eR~y " -~'oR 9o d A y~ A-4'+eR c /os•~N~ ~,.~G~ A~Rees ~o rr~A:.r~A././ /~Omee.v,Y~, "t,n~\-~ f1.r~ ~:ab:t:l~ %NSNiPANCP G~.rR._rb ~..'~wpsq:c/ e~c•+~A~-may. ~ I \+ ~i FOQ 0'~'~C'Q <oNS~dPIPAi:ON~ SCJIfQ •'~'Il YQP /nD/P AIIA %~ /~~~><~A~A -~~~%Q O.vl~=~=Or~vC~P "'YYY""" B. Sellers, at Sellers' expense, shall provide to Buyer an A~strac~tlo~f Title duly ~y~~~,,,' ~~ certified, to the date of the Contract. >~~ , ~' 8. EFFECT: This Contract when executed by both Sellers and Buyer, shall be binding upon and inure to the benefit of Sellers and Buyer, their heirs, legal representatives, successors and assigns. This Contract sets forth the complete understanding of Sellers and Buyer and supersedes all previous negotiations, representations and agreements between them and their agents. This Contract can only be amended or modified by a written agreement signed by Sellers and Buyer. ~ APPROVED BY BUYER THIS _ DAY OF , 19 CITY OF OWASSO, OKLAHOMA Denise Bode, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED BY SELLERS THIS DAY OF , 19 Mary Ellen Esposito Dorothy Esposito 2780-325.cfs 3 1 ^ PURCHASE OPTION AGREEMENT THIS PURCHASE OPTION dated , 1998, is hereby granted by Richard P. Halbrook ("Seller") to the City of Owasso, Oklahoma ("Buyer"). Seller is owner of the real property together with the improvements thereon located in Tulsa County, Oklahoma, which is more particularly described on Exhibit "A" attached as a part of this Agreement (the "Property"). Buyer desires to obtain an option to purchase the Property on the terms set forth below. In consideration of the sum of Ten Dollars ($10.00) paid by Buyer to Seller, which sum shall be in addition to the purchase price for the Property in the event this option to purchase is ~ exercised, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ' I . Grant of Option: Seller offers to sell and convey to Buyer and hereby grants to Buyer the exclusive and irrevocable option to purchase the Property, together with the improvements ~ thereon, and all the rights, ways, alleys, privileges, and appurtenances belong or in anywise appertaining thereto, more particularly described on Exhibit "A", subject to the terms and conditions set forth below and in the form of Contract of Sale which is attached as a part of this Agreement and is designated as Exhibit "B" (the "Contract of Sale"). 2. Time for Exercise. Buyer's option to purchase the Property must be exercised by ' Buyer on or before , _.m. , 19_ If the option to purchase is not exercised on or before that date, this option to purchase shall automatically cease and ' terminate, neither party shall have any further rights hereunder, at law or in equity, and this Agreement shall be null and void, all without further action or documentation by either party. 3. Manner of Exercise. Buyer's option to purchase shall be exercised by the timely delivery to Seller at Seller's address set forth below of two (2) copies of the Contract of Sale executed by Buyer, together with a check payable to the order of Seller for the amount of the earnest money deposit specified in the Contract or Sale. Promptly upon receiving the same S~ shall execute both copies of the Contract of Sale and return one (1) fully executed copy to Bu The failure of Seller to execute and return a fully executed copy of the Contract of Sale to Bu shall not affect its enforceability and the Contract of Sale shall be binding upon and enforceab against Seller in the same manner as if it had been executed by Seller and returned to Buyer. ' 4. Rights and Obligations of the Parties if the Option is Exercised. In the event that Buyer exercises the option to purchase within the time and in the manner hereinbefore provided, then thereafter the rights and obligations of Seller and Buyer with respect to the Property shall be ' governed by the terms and conditions contained in the Contract of Sale. 5. Seller's Address: The address of Seller is as follows: Richard P. Halbrook 14009 East 100th Street I~TOrth Owasso, Oklahoma 7405> 6. Time of the Essence. Time shall be of the essence of this Option Agreement. EXECUTED this __ day of l 998. SELLER: ~liYER: miscform.099 EXHIBIT "~" Owasso Original Town W 12 L~ I &: ALL LT 2 BLK I S EXI~IBIT "B" n CONTRACT OF SALE OF REAL ESTATE THIS CONTRACT is entered into between Richard P. Halbrook ("Seller") and The City of Owasso, Oklahoma, an Oklahoma A4unicipal Corporation, ("Buyer"). Upon approval of this Contract by both Seller and Buyer, evidenced by their signature hereto, a valid and binding contract of sale shall exist. I. SALE: Seller agrees to sell and convey to Buyer by warranty deed and Buyer agrees `'~ to purchase the following described real estate (the "Property") located in Tulsa County, State of Oklahoma, to-wit: Owasso-Original Town W ] 2 LT 1 & ALL LT 2 BLK 15 together with all improvements thereon, if any, in their present condition, ordinary wear and tear ~ excepted, and including the following personal property: NONE •~~v 2. PURCIIASE PRICE: The total purchase price is ~~SDDD to be paid upon closing, by cashier's check or certified funds. ~ 3. TAXES AND PROBATIONS: A. The Seller, shall be responsible for: (i) all special assessments against the Property upon the date of Closing, whether or not payable in installments; (ii) all taxes, other than ~ general ad valorem taxes for the current calendar year, which are a lien on the Property upon the date r~ of Closing; and (iii) the cost of any item of workmanship or material furnished on or prior to the date of Closing which is or may become a lien on the Property. B. Seller and Buyer shall prorate the general ad valorem taxes for the current year on the subject property as of the date of Closing. 4. CONDITION OF PROPERTY: A. Until Closing or transfer of possession, risk of loss to the Property, ordinary wear and tear excepted, shall be upon Seller; after Closing or transfer of possession, such risk shall be upon Buyer. B. Unless otherwise agreed upon in vt~riting, Buyer, by Closing or taking possession of the Property, shall be deemed to have accepted the Property in its then condition. No r~ warranties, express or implied, by Seller, or Seller's agents, with reference to the condition of the Property shall be deemed to survive the Closing. 5. CLOSING: Subject to the provisions of paragraph three (3) and subject to the fulfillment of any conditions to the Closing specified in paragraph seven (7), the Closing shall be held on or before the day of , 19 If there are valid objections to title which require correction, the Closing shall be extended for forty-five (45) days to correct such objections. Valid objections to title shall consist of ary circumstance, item or matter appearing of record or extraneous thereto which under the Titre Examination Standards of the Oklahoma Bar Association would adversely affect or impair the marketability or merchantability of title as such is defined in the Titre Examination Standards of the Oklahoma Bar Association. If such valid objections to title cannot be cured with the forty-five (45) day time period, unless extended by mutual consent, or, alternatively, if Seller shall desire not to cure such valid objection to title, then, in such event, this contract shall be thereby nullified and Selier shall refund all of Euyer's earnest money referred to in paragraph two (2) hereof. At the Closing, the Seller shall deliver to Buyer, a duly executed and acknowledged warran't' deed conveying indefeasible fee simple title to the Property to the Buyer upon payment of the Purchase Price as heretofore provided. Unless otherwise agreed to in writing, possession shall be transferred at Closing. 6. BREACH OR FAILURE TO CLOSE: If, after the Seller has performed Sellers' obligations under this Contract, and if within five (5) days after the date specified for Closing under paragraph five (5) the Buyer fails to make the payments or to perform any other obligation of the Buyer under this Contract, then all sums theretofore paid on the Purchase Price shall, at the option of the Seller, be retained as liquidated damages for the breach of this Contract by the Buyer. The Seller and Buyer agree that such amount is a reasonable amount for liquidated damages and that it would be impractical and extremely difficult to determine actual damages. If Buyer shall perform all of the obligations of Buyer hereunder and Seller shall breach this Contract or fail to perform any of Seller obligations hereunder, the Buyer shall be entitled to cancel and terminate this Contract, or pursue specific performance of this Contract. SPECIAL CONDITIONS: A. 1Vo realtors commission is 'o be payable on this transaction. B. Seller, at Sellers' expense, shall provide to Buyer an Abstract of Title duly ~ certified, to the date of the Contract. 8. EFFECT: This Contract when executed by both Seller and Buyer, shall be binding ~ upon and inure to the benefit of Seller and Buyer, their heirs, legal representatives, successors and '~I assigns. This Contract sets forth the complete understanding of Seller:and Buyer and supersedes all previous negotiations, representations and agreements between them and their agents. This Contract can only be amended or modifted by a written agreement signed by Seller and Buyer. APPROVED BY BUYER THIS DAY OF , 19 CITY OF OWASSO, OKLAHOMA `''~ .,My Denise Bode, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED BY SELLER THIS DAY OF , 19 Richard P. Halbrook 2780-325.cfs 3 PURCHASE OPTION AGREEMENT THIS PURCHASE OPTION dated , 1998, is hereby granted by the Iut~er~rtttiorrnl Order of Odd Fellows -Owasso Lodge ("Se/~ller") to the City of Owasso, Oklahoma ~ ("Buyer"). ~ry .1 ~ ~ ~"~~7,'/~ ~ ~~ r ~Pe-~ ~~ Seller is owner of the real property together with the improvements thereon located in Tulsa County, Oklahoma, which is more particularly described on Exhibit "A" attached as a park of this Agreement (the "Property"). Buyer desires to obtain an option to purchase the Property on the terms set forth below. ~ In consideration of the sum of Ten Dollars ($10.00) paid by Buyer to Seller, which sum shall be in addition to the purchase price for the Property in the event this option to purchase is exercised, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of Option: Seller offers to sell and convey to Buyer and hereby grants to Buyer the exclusive and irrevocable option to purchase the Property, together with the improvements thereon, and all the rights, ways, alleys, privileges, and appurtenances belong or in anywise ~ appertaining thereto, more particularly described on Exhibit "A", subject to the terms and conditions set forth below and in the form of Contract of Sale which is attached as a part of this Agreement and is designated as Exhibit "B" (the "Contract of Sale"). 2. Time for Exercise. Buyer's option to purchase the Pro erty must be exercised by Buyer on or before ~ 00, .m. ~Is~*/v1A~P 2 , 191 If the option to purchase is ~ not exercised on or before that date, this option t purchase shall automatically cease and terminate, neither party shall have any further rights hereunder, at law or in equity, and this Agreement shall be null and void, all without further action or documentation by either party. 3. Manner of Exercise. Buyer's option to purchase shall be exercised by the timely delivery to Seller at Seller's address set forth below of two (2) copies of the Contract of Sale executed by Buyer, together with a check payable to the order of Seller for the amount of the earnest money deposit specified in the Contract of Sale. Promptly upon receiving the same S~ shall execute both copies of the Contract of Sale and return one (1) fully executed copy to Bu The failure of Seller to execute and return a fully executed copy of the Contract of Sale to Bu shall not affect its enforceability and the Contract of Sale shall be binding upon and enforceab against Seller in the same manner as if it had been executed by Seller and returned to Buyer. 4. Rights and Obligations of the Parties if the Option is Exercised. In the event that Buyer exercises the option to purchase within the time and in the manner hereinbefore provided, then thereafter the rights and obligations of Seller and Buyer with respect to the Property shall be governed by the terms and conditions contained in the Contract of Sale. 5. Seller's Address: The address of Seller is as follows: ~~~~ . ~~ 1 Order of Odd Fellows -Owasso Lodge ~ ~ z ,~ ~~f s~.~~ 6. Time of the Essence. Time shall be of the essence of this Option Agreement. EXECUTED this day of , 1998. SELLER:+ 7YI BUYER: miscform.099 i ii EXI~IT "A" Owasso Original Town N50 LT 6 ALL LT 7 BLK 10 EXIIIBIT "B" CONTRACT OF SALE OF REAL ESTATE THIS CONTRACT is entered into between the International Order of Odd Fellows-Owasso Lodge ("Seller") and The City of Owasso, Oklahoma, an Oklahoma Municipal Corporation, ("Buyer"). Upon approval of this Contract by both Seller and Buyer, evidenced by their signature hereto, a valid and binding contract of sale shall exist. 1. SALE: Seller agrees to sell and convey to Buyer by warranty deed and Buyer agrees to purchase the following described real estate (the "Property") located in Tulsa County, State of Oklahoma, to-wit: Owasso-Original Town N50 LT 6 ALL LT 7 BLK 10 together with all improvements thereon, if any, in their present condition, ordinary wear and tear excepted, and including the following personal property: NONE l 0 , Bd~ 2. PURCHASE PRICE: The total purchase price is ~/ 0 , f~~0 M to be paid upon closing, by cashier's check or certified funds. 3. TAXES AND PROBATIONS: A. The Seller, shall be responsible for: (i) all special assessments against the Property upon the date of Closing, whether or not payable in installments; (ii) all taxes, other than general ad valorem taxes for the current calendaz yeaz, which aze a lien on the Property upon the date of Closing; and (iii) the cost of any item of workmanship or material furnished on or prior to the date of Closing which is or may become a lien on the Property. B. Seller and Buyer shall prorate the general ad valorem taxes for the current year on the subject property as of the date of Closing. 4. CONDITION OF PROPERTY: A. Until Closing or transfer of possession, risk of loss to the Property, ordinary wear and tear excepted, shall be upon Seller; after Closing or transfer of possession, such risk shall be upon Buyer. B. Unless otherwise agreed upon in writing, Buyer, by Closing or taking possession of the Property, shall be deemed to have accepted the Property in its then condition. No warranties, express or implied, by Seller, or Seller's agents, with reference to the condition Property shall be deemed to survive the Closing. 5. CLOSING: Subject to the provisions of paragraph three (3) and subject to the fulfillment of any conditions to the Closing specified in paragraph seven (7), the Closing shall be held on or before the _ day of , 19 If there are valid objections to title which require correction, the Closing shall be extended for forty-five (45) days to correct such objections. Valid objections to title shall consist of any circumstance, item or matter appearing of record or extraneous thereto which under the Title Examination Standards of the Oklahoma Bar Association would adversely affect or impair the marketability or merchantability of title as such is defined in the Title Examination Standards of the Oklahoma Bar Association. If such valid objections to title cannot be cured with the forty-five (45) day time period, unless extended by mutual consent, or, alternatively, if Seller shall desire not to cure such valid objection to title, then, in such event, this contract shall be thereby nullified and Seller shall refund all of Buyer's earnest money refereed to in paragraph two (2) hereof. At the Closing, the Seller shall deliver to Buyer, a duly executed and acknowledged warranty deed conveying indefeasible fee simple title to the Property to the Buyer upon payment of the Purchase Price as heretofore provided. Unless otherwise agreed to in writing, possession shall be transferred at Closing. 6. BREACH OR FAILURE TO CLOSE: If, after the Seller has performed obligations under this Contract, and if within five (5) days after the date specified for Closing under paragraph five (5) the Buyer fails to make the payments or to perform any other obligation of the Buyer under this Contract, then all sums theretofore paid on the Purchase Price shall, at the option of the Seller, be retained as liquidated damages for the breach of this Contract by the Buyer. The Seller and Buyer agree that such amount is a reasonable amount for liquidated damages and that it would be impractical and extremely difiicuit to determine actual damages. If Buyer shall perform all of the obligations of Buyer hereunder and Seller shall breach this Contract or fail to perform any of Seller obligations hereunder, the Buyer shall be entitled to cancel and terminate this Contract, or pursue specific performance of this Contract. 7. SPECIAL CONDITIONS: A. No realtors commission is to be payable on this transaction. 2 B. Seller, at Sellers' expense, shall provide to Buyer an Abstract of Title duly certified, to the date of the Contract. 8. EFFECT: This Contract when executed by both Seller and Buyer, shall be binding upon and inure to the benefit of Seller and Buyer, their heirs, legal representatives, successors and assigns. This Contract sets forth the complete understanding of Seller and Buyer and supersedes all previous negotiations, representations and agreements between them and their agents. This Contract can only be amended or modified by a written agreement signed by Seller and Buyer. APPROVED BY BUYER THIS DAY OF 19 CITY OF OWASSO, OKLAHOMA Denise Bode, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED BY SELLER THIS DAY OF , 19 INTERNATIONAL ORDER OF ODD FELLOWS - OWASSO LODGE 2780-325.cfs Title: 3 PURCHASE OPTION AGREEMENT THIS PURCHASE OPTION dated N ~~'~^ 3 ~, 1998, is hereby granted by Richard P. Halbrook ("Seller") to the City of Owasso, Oklahoma ("Buyer"). Seller is owner of the real property together with the improvements thereon located in Tulsa County, Oklahoma, which is more particularly described on Exhibit "A" attached as a part of this Agreement (the "Property"). Buyer desires to obtain an option to purchase the Property on the terms set forth below. In consideration of the sum of Ten Dollars ($10.00) paid by Buyer to Seller, which sum shall be in addition to the purchase price for the Property in the event this option to purchase is exercised, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of Option: Seller offers to sell and convey to Buyer and hereby grants to Buyer the exclusive and irrevocable option to purchase the Property; together with the improvements thereon, and all the rights, ways, alleys, privileges, and appurtenances belong or in anywise appertaining thereto, more particularly described on Exhibit "A", subject to the terms and conditions set forth below and in the form of Contract of Sale which is attached as a part of this Agreement and is designated as Exhibit "B" (the "Contract of Sale"). 2. Time for Exercise. Buyer's option to purchase the Property must be exercised by Buyer on or before 5~ ,~.m. ~fl A 3 ( , 19~. If the option to purchase is not exercised on or before that date, this option to purchase shall automatically cease and terminate, neither party shall have any further rights hereunder, at law or in equity, and this Agreement shall be null and void, all without further action or documentation by either party. 3. Manner of Exercise. Buyer's option to purchase shall be exercised by the timely delivery to Seller at Seller's address set forth below of two (2) copies of the Contract of Sale duly executed by Buyer, together with a check payable to the order of Seller for the amount of the earnest money deposit specified in the Contract of Sale. Promptly upon receiving the same Seller shall execute both copies of the Contract of Sale and return one (1) fully executed copy to Buyer. The failure of Seller to execute and return a fully executed copy of the Contract of Sale to Buyer shall not affect its enforceability and the Contract of Sale shall be binding upon and enforceable against Seller in the same manner as if it had been executed by Seller and returned to Buyer. 4. Rights and Obligations of the Parties if the Option is Exercised. In the event that ~' Buyer exercises the option to purchase within the time and in the manner hereinbefore provided, then thereafter the rights and obligations of Seller and Buyer with respect to the Property shall be governed by the terms and conditions contained in the Contract of Sale. 5. Seller's Address: The address of Seller is as follows: Richard P. Halbrook 14009 East 100th Street North Owasso, Oklahoma 74055 6. Time of the Essence. Time shall be of the essence of this Option Agreement. EXECUTED this ~ day of _~,/~,,.`b~j , 1998. SELLE BUYER: miscform.099 EXHIBIT "A" Owasso Original Town W 12 LT 1 & ALL LT 2 BLK 15 EXHIBIT "B" CONTRACT OF SALE OF REAL ESTATE THIS CONTRACT is entered into between Richard P. Halbrook ("Seller") and The City of Owasso, Oklahoma, an Oklahoma Municipal Corporation, ("Buyer"). Upon approval of this Contract by both Seller and Buyer, evidenced by their signature hereto, a valid and binding contract of sale shall exist. 1. SALE: Seller agrees to sell and corrvey to Buyer by warranty deed and Buyer agrees to purchase the following described real estate (the "Property") located in Tulsa County, State of Oklahoma, to-wit: Owasso-Original Town W 12 LT 1 & ALL LT 2 BLK 15 together with all improvements thereon, if any, in their present condition, ordinary weaz and tear excepted, and including the following personal property: NONE h pp , ~ ~~~_ f 2. PURCHASE PRICE: The total purchase price is 7s DOD 7~ to be paid upon closing, by cashier's check or certified funds. L~qr-vest Mvx.t.~ of ps~ooD.~° To 6r:, p0.rD oa arL l~e#'.,~e. ~obrua~ a, 1989• U 3. TAXES AND PROBATIONS.' ~~~ `'` A. The Seller, shall be responsible for: (i) all special assessments against the Property upon the date of Closing, whether or not payable in instailments; (ii) all taxes, other than general ad valorem taxes for the current calendar year, which are a lien on the Property upon the date of Closing; and (iii) the cost of any item of workmanship or material furnished on or prior to the date of Closing which is or may become a lien on the Property. B. Seller and Buyer shall prorate the general ad valorem taxes for the current year on the subject property as of the date of Closing. 4. CONDITION OF PROPERTY: A. Until Closing or transfer of possession, risk of loss to the Property, ordinary weaz and teaz excepted, shall be upon Seller; after Closing or transfer of possession, such risk shall be upon Buyer. B. Unless otherwise agreed upon in writing, Buyer, by Closing or taking possession of the Property, shall be deemed to have accepted the Property in its then condition. No warranties, express or implied, by Seller, or Seller's agents, with reference to the condition of the Property shall be deemed to survive the Closing. 5. CLOSING: Subject to the provisions of paragraph three (3) and subject to the fulfillment of any conditions to the Closing specified in paragraph seven (7), the Closing shall be held on or before the (~ day of (~ ' 19 ~~ . )Tthere aze valid objections to title which require correction, the Closing shall be extended for forty-five (45) days to correct such objections. Valid objections to title shall consist of any circumstance, item or matter appearing of record or extraneous thereto which under the Title Examination Standards of the Oklahoma Baz Association would adversely affect or impair the marketability or merchantability of title as such is defined in the Title Examination Standards of the Oklahoma Bar Association. ff such valid objections to title cannot be cured with the forty-five (45) day time period, unless extended by mutual consent, or, alternatively, if Seller shall desire not to cure such valid objection to title, then, in such event, this contract shall be thereby nullified and Seller shall refund all of Buyer's earnest money referred to in paragraph two (2) hereof. At the Closing, the Seller shall deliver to Buyer, a duly executed and acknowledged warranty deed conveying indefeasible fee simple title to the Property to the Buyer upon payment of the Purchase Price as heretofore provided. Unless otherwise agreed to in writing, possession shall be transferred at Closing. 6. BREACH OR FAILURE TO CLOSE: If, after the Seller has performed Sellers' obligations under this Contract, and if within five (5) days after the date specified for Closing under pazagraph five (5) the Buyer fails to make the payments or to perform any other obligation of the Buyer under this Contract, then all sums theretofore paid on the Purchase Price shall, at the option of the Seller, be retained as liquidated damages for the breach of this Contract by the Buyer. The Seller and Buyer agree that such amount is a reasonable amount for liquidated damages and that it would be impractical and extremely difficult to determine actual damages. If Buyer shall perform all ofthe obligations of Buyer hereunder and Seller shall breach this Contract or fail to perform any of Seller obligations hereunder, the Buyer shall be entitled to cancel and terminate this Contract, or pursue specific performance of this Contract. 7. SPECIAL CONDITIONS: A. No realtors commission is to be payable on this transaction. B. Seller, at Sellers' expense, shall provide to Buyer an Abstract of Title duly certified, to th~ to of the Contract. 8. EFFECT: This Contract when executed by both Seller and Buyer, shall be binding upon and inure to the benefit of Seller and Buyer, their heirs, legal representatives, successors and assigns. This Contract sets forth the complete understanding of Seller and Buyer and supersedes all previous negotiations, representations and agreements between them and their agents. This Contract can only be amended or modified by a wrirten agreement signed by Seller and Buyer. APPROVED BY BUYER THIS DAY OF , 19 CITY OF OWASSO, OKLAHOMA Denise Bode, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED BY SELLER THIS ~ DAY OF/ ' U /~~t. , 19 ~rf? chard P. Halbro k 2780-325.cfs '~! 'j, C, ~ ~ r ~"`~` ~ ~ . MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: PHII. LUTZ, P.E. ENGINEERING PROJECT MANAGER SUBrJECT: CHANGE ORDER #1 ELM CREEK INTERCEPTOR SEWER DATE: November 18, 1998 BACKGROUND• The Elm Creek Interceptor project is to construct approximately 2.4 miles of 21-inch sanitary sewer line and associated structures (see attached location map). The contract was awarded to HMG, Inc., on September 8, 1998 in the amount of $1,496,469.20 and Notice to Proceed was issued on October 27th. No previous changes have been issued for this contract. ' SCOPE OF CHANGE: In order to obtain an easement along the western portion, a realignment was necessary to comply with landowner requirements. The revised alignment results in deeper excavation in stone and ' requires use of ductile iron pipe in lieu of the less expensive PVC pipe. This change also includes items required for easement acquisition on other properties such as minor shifts in alignment, drop manholes and tap risers for future connections. The contractor's proposal for an increase of $89,560.55 has been reviewed by the design engineer (Grafton, Tull & Associates and by the Public Works Department and is considered a fair and reasonable price. The revised contract amount will be $1,586,029.75 and will allow for a 60-day time extension (see attached Change Order and proposal). The revised contract completion date will be Apri126, 1999. FUNDING: ' Funding is provided in the form of aloes-interest private sector loan and a revenue anticipation note issued by the OPWA. RECONIMENDATION• Staff recommends approval and authority to award Change Order #1 to the Elm Creek Interceptor Sewer contract for an increase of $89,560.55. ATTACHMENTS: 1. Location map ^ 2. Change Order and contractor proposal Q >I Q• �- l< W B�RRNTGTON I W, r p AYA BRENTWOOD STREET N 8 6TH ELM CREE � p KS PROPOSED ELM CREEK D Q INTERCEPTOR _ AC I O Fes- ll)� . STREET N• 76T I E EA OVYS PRAIR EVIE AC. I STREET N. ? 6 TH i / EXISTING 117TH E. AVE. CITY OF OWAssO LIFT STATION ELM CREEK INTERCEPTOR Z CITY OF OWASSO, OKLAHOMA < PUBLIC WORKS DEPARMENT ENGINEERING DIVISION m am g�gg 1 OF 1 i ' NOU-20-1998 12 00 FROM PROJECT: SECTION QQ600 CHANGE ORDER Elm Creek Interceptor Sewer ~~ TO 19182724996 P.02i02 CHANGE oRDER NZTMBER 1 DATE: November 18, 1998 CONTRACT DATE: sentember 8 , 1 9 98 TO CONTRACTOR: CONTRACT FOR Approximately 2.4 miles of 21-inch PVC HMG, Inc. sewer line and associated 812 Elm Street- strttctures_ Greensboro, NC 27401 The Contract is changed as fouows: Revise the sewer line alignment on - the Keys property to the north as shown on .the revised plan. ^ Nat valid until signed by the pwnex and Contractor The origsnal Contract Sum was $ 1 , 4 9 & , 4 6 9.2 0 Net change by previously authorized Change Orders $ 0.0 0 The Contract Sum prior to this Change Oxdtr arcs $ 1 , 4 9 6 , 4 6 9.2 0 T'he Contract Sum will be (mcr~ased) ~lec~aasad~ ~g~ ~p Change Order in the amount of $ 8 9 , 5 6 0.5 S ' The new Conuact Sum incl to o this Change Ord,rr will be $ 1 , 5 8 6 , 0 2 9.7 5 The Contact Time will be {'Increased) {dec~sed)-(~p ( 6 0 )days. ~ The dare of Snbstaatial Completion as of die date of this Change Order therefore is Apr i 1 2 6, 1 9 9 9 ' NOTE: This s~mary does not reflect c8aages in the Contract Sum Time which have bear antlzorixed by Coastrnetion .Change Directive. HMG, Inc. City of Owasso ' CONTRACTOR p~R 8i2 N. EIm Street 20~? South Cedar F.O. Box 180 ADDRESS ADDRESS Greensboro NC 27401 Owasso OR 74055 a~2~ih~. $Y Thomas 0. Anderson ~ gy Denise Bode, Mayor r DATE 11,(20/98 DATE 0893 QOOoOa - I OF 1 Til TC~l C+ ~'i7 NOU-10-1998 09 09 CRAFTON TULL ASSOCIATES CHANGE ORDER #1 ATTACHMENT B,DD/DEDUCT QUANTITIES: Item 5 - 21"Closed Profile PVC Pipe Item 6 - 20" Class 50 Ductile Iron Pipe Item 7 -Trench Exc. & Backfill. 0'-6' Depth Item 8 -Trench Exc. 8~ Backfill, 6'-8' Depth Item 9 -Trench Exc. & Backfill, 8'-10' Depth Item 10 -Trench Exc. 8~ Backfill, 10'-12' Depth Item 11 -Trench Exc. 8 Backfilf, 12'-14' Depth Item 12 -Trench Exc. 8~ Baclcfitl, f 4'-16' Depth Item 13 -Trench Exc. & Backfilt, 16'-18' Depth Item 14 -Trench Exc. ~ Backfitl, 18'-20' Depth Item 15 -Trench Exc. ~ Backfill, 20'-22' Depth Item 16 -Trench Exc. & Baclcfill. 22'-24' Depth Item 17 -Trench Exc. 8: Backfill, 24'-26' Depth Item 19 - 4' ID Conc. Manholes, 6' Depth, Solid Lid Item 20 - 4' ID Conc. Manholes, 6' Depth, Sealed Lid Item 23 - 4' ID Conc. Manholes, Extra Depth Over 6' item 31 -Class 1 Cleanup Item 32 -Class II Cleanup UNIT L.F. L.F. L.F. L.F. L.F. L.F. L.F. L.F. L.F. L.F. LF. LF. L.F. EA. EA. V.F. L.F. L.F. S2IY. -289 464 -117 -42 -297 13 181 -175 415 -108 15 -98 130 3 1 -9 -1146 1416 UNIT P.03i04 TOTAL PRICE -$25,460.90 $46,400.00 -$117.00 -$84.00 -$891.00 $52.00 $905.00 -$1,400.00 $3,735.00 -$1,080.00 $180.00 -$1,470.00 $2,600.00 $6,000.00 $2,100.00 -$900.00 -$2,292.00 $2,690.40 ADO ITEMS: Item 33 -Trench Exc. & Backfill, 26'-28' Depth Item 34 - 8" Manhole Drop Assembly Item 35 - 4" PVC Service Connection Item 36 -Water Service Connection and 2" Line Item 37 -Asphalt Drive item 38 - 8" Class 50 Ductile Iron Pipe $88.10 $100.00 $1.00 $2.00 $3.00 $4.00 $5.00 $8.00 $9.00 $10.00 $12.00 $15.00 $20.00 $2,000.00 $2,100.00 $100.00 $2.00 $1.90 L.F. 258 $117.00 $30,186.00 V.F. 30 $160.00 $4,800.00 EA. 9 $290.00 $2,610.00 L.S. 1 $5,450.00 $5,450.00 L.S. 1 $4,809.00 $4,809.00 L.F. 85 $126.33 $10,738.05 589,560.55