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  • GREENER CITY GROUP, INCet al vs. VISIONS INFINITY HOMES, LTDOTHER CONTRACT document preview
  • GREENER CITY GROUP, INCet al vs. VISIONS INFINITY HOMES, LTDOTHER CONTRACT document preview
  • GREENER CITY GROUP, INCet al vs. VISIONS INFINITY HOMES, LTDOTHER CONTRACT document preview
  • GREENER CITY GROUP, INCet al vs. VISIONS INFINITY HOMES, LTDOTHER CONTRACT document preview
  • GREENER CITY GROUP, INCet al vs. VISIONS INFINITY HOMES, LTDOTHER CONTRACT document preview
  • GREENER CITY GROUP, INCet al vs. VISIONS INFINITY HOMES, LTDOTHER CONTRACT document preview
  • GREENER CITY GROUP, INCet al vs. VISIONS INFINITY HOMES, LTDOTHER CONTRACT document preview
  • GREENER CITY GROUP, INCet al vs. VISIONS INFINITY HOMES, LTDOTHER CONTRACT document preview
						
                                

Preview

FILED DALLAS COUNTY 9/1 3/2019 3:52 PM 1 CIT ES FELICIA PITRE DISTRICT CLERK DC-1 9-14692 Ang'e Awna CAUSE No. N0. GREENER CITY GROUP, INC, AND g3 1N THE DISTRICT COURT @@ GCG-RICCA JV, LLC., § Plaintiffs, § § J-191ST v. g3 JUDICIAL DISTRICT @@@@%@9® § VISIONS INFINITY HOMES, LTD, LTD., g3 § Defendant. § DALLAS COUNTY, TEXAS PLAINTIFFS’ ORIGINAL PETITION Greener City Group, Inc. and GCG-Ricca JV, LLC (collectively, “Plaintiffs”) file this original petition complaining of Visions Infinity Homes, Ltd. (“Defendant”) and for their cause of action would respectfully show 0f this Court as follows: I. DISCOVERY 1. Discovery is t0 be conducted under Level 2 of Texas Rule of intended to Civil Procedure 190.3. II. PARTIES 2. Plaintiff Greener City Group, Inc. (“Greener”) is a Texas corporation whose principal office is located in Dallas, Texas. 3. Plaintiff GCG-chca GCG-Ricca JV, LLC (“GCG”) is a Texas limited liability company. 4. Defendant Visions Infinity Homes, Ltd (“Visions” 0r “Defendant”) is a Texas limited partnership which may with process by service upon be served With its registered agent, Ruben Zuniga, located at 5201 Collin McKinney Parkway, McKinney, Texas, 75070. III. VENUE 5. Venue is proper in Dallas County pursuant to Tex. Civ. Prac. & Rem. Code § 15.011 because this action seeks to enforce a contract with respect to certain real property located in Dallas County, Texas. IV. RULE 47 STATEMENT 6. Plaintiffs seek monetary relief of in excess of $200,000 and less that a $1,000,000 and/or non-monetary relief. V. DISCLOSURE OF RELATED CASE 7. The present matter (the “Current Case”) is related to Ruben Zuniga and Visions Infinity Homes, Ltd. v. Greener City Group, Inc., Park Cities Partners, LLC d/b/a Keller Williams Dallas Park Cities, Theodore Drew Colon, individually, Jacob D. Moss, individually, and GCG-Ricca JV, LLC, Cause No. DC-16-04680, pending in the 68th Judicial District of Dallas County, Texas (the “Older Case”). Under Texas Rule of Civil Procedure 174(a) and Dallas County Local Rule 1.04, when actions involving a common question of law or fact are pending before the court, the matters at issue in the actions may be consolidated to avoid unnecessary costs or delay. See Tex. R. Civ. P. 174(a) and Dallas County Local Rules 1.04. Because of the overlap in the involved parties and any common questions of law and fact, judicial efficiency warrants the transfer of the Current Case to the court where the Older Case is pending, as the 68th Judicial District Court is already knowledgeable about the facts surrounding the events and parties involved. The Current Case is so related to the Older Case and arises out of the same facts such that a transfer would prevent delay and promote convenience of the parties and the Court. VI. FACTS 8. Greener entered into a contract with Visions to purchase real property (the “Property”) with a street address of 5925 Oram Street, Dallas, County of Dallas, Texas, 75206. The legal description of the Property is set forth on Exhibit “A” attached hereto. 9. A copy of the Memorandum of Contract (“Memorandum”) dated April 7, 2016, documenting that Greener entered into a Contract of Sale (the “Contract”) with Visions dated January 28, 2016, in connection with the purchase of the Property is attached hereto as Exhibit “B” and incorporated herein by this reference. 10. Pursuant to an amendment to the Contract, the closing date for the Property was extended to April 22, 2016. The Memorandum was filed in the real property records of Dallas County, Texas. 11. The Contract granted Greener an option to purchase the Property. 12. Greener exercised its option to purchase the Property in accordance with the terms of the Contract. 13. On or about April 21, 2016, Greener assigned certain rights in the Contract to GCG. 14. Visions and Greener (and thus, assignee GCG) entered into a written contract pursuant to which Visions agreed to sell the Property to Greener (and thus, assignee GCG) and Greener (and thus, assignee GCG) agreed to purchase the Property from Visions. The Contract is a valid and enforceable agreement between Visions and Greener (and thus, assignee GCG). 15. Notwithstanding the existence of the binding Contract between Visions and Greener (and thus, GCG), Visions purported to convey the Property to Granite RE Holdings, LLC (“Granite”) by warranty deed (the “Warranty Deed”) dated January 10, 2017. The Warranty Deed is attached hereto as Exhibit “C” and incorporated herein by this reference. Plaintiffs’ wrongful termination of the Contract constitutes a repudiation and breach of the Contract. COUNT ONE – SPECIFIC PERFORMANCE 16. Plaintiffs hereby sue to enforce specific performance of the Contract. 17. Plaintiffs have performed all of the obligations imposed on them by the Contract except payment of the purchase price, which was tendered but Defendant refused to accept. Plaintiffs remain ready, willing, and able to pay Defendant the agreed purchase price. 18. Plaintiffs hereby request that this Court enter a decree of specific performance compelling Defendant to convey the Property to Plaintiffs in accordance with the terms of the Contract. COUNT TWO – BREACH OF CONTRACT (plead in the alternative) 19. Alternatively, Plaintiffs sue Defendant for breach of contract. 20. Defendant and Plaintiffs contracted for Defendant to sell the Property to Plaintiffs. 21. Defendant has breached the Contract with Plaintiffs. 22. As a direct and proximate result of Defendant’s breach of the Contract, Plaintiffs have suffered damages in excess of the minimum jurisdictional limits of this Court. 23. Additionally, as a result of Defendant’s breach of contract, Plaintiffs have suffered additional and special damages in the form of lost profits that Plaintiffs would have earned if Defendant had not breached the Contract. The amount of these lost profits is in excess of the minimum jurisdictional limits of this Court. COUNT THREE – ATTORNEY’S FEES 24. As a result of Defendant’s breach of the Contract, which provides for the recovery of attorney’s fees, and under Chapter 38 of the Texas Civil Practices and Remedies Code, Plaintiffs are entitled to recover their reasonable attorneys’ fees incurred in connection with the enforcement of their rights under the Contract. CONDITIONS PRECEDENT 25. All conditions precedent to Plaintiffs’ right to recovery have been performed, satisfied, excused, and/or waived. VII. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully pray that Defendant be cited to appear and answer, and that upon final trial of this cause, recover judgment as follows: 1. A decree of specific performance against Defendant; 2. Alternatively, a judgment for actual and special damages in excess of the minimum jurisdictional limits of this Court against Defendant for breach of contract; 3. Judgment for Plaintiffs reasonable attorney’s fees; 4. Prejudgment interest; 5. Post-judgment interest; 6. Costs of court and expenses; and 7. Such other and further relief, legal and/or equitable, as to which Plaintiffs may be justly entitled. Respectfully submitted, WOLF & HENDERSON, P.C. by: /s/ William L. Wolf William L. Wolf State Bar No. 21854500 BWolf@wolf-law.com 4309 Irving Avenue, Suite 200 Dallas, Texas 75219 (214) 750-1395 (telephone) (214) 368-1395 (facsimile) ATTORNEYS FOR PLAINTIFFS EXHIBIT A EXHIBIT EXHIBIT "A" “A” Legal Legal Description Descriptiou Being Lot Lot 18 18 in in Block Block 25/1914 25H 914 of of Belmont Belmont Addition, Addition, an an Addition Addition to the City to the City of of Dallas, Dallas, Dallas Dallas Cowity, County, Texas, Texas, according according to the Map thereofrecorded to the thereof recorded in in Volume Volume 124, 124, Page Page 16, 16, Deed Deed Records, Records, Dallas County, Dallas County, Texas. Texas. EXHIBITB EXHIBIT B 51073119099? ELECTRONICALLY RECORDED 201600090347 Lawymgw 04/07/2016 04!07!2016 08:34:41 08:34:41 AM MEMO 1/2 112 MEMORANDUM Of 0F CONTRACT This This M0morandum Memorandum of of CONTRACT is is made this this __k_ g day day of April, 2016, 2016, by Greener City of April. by City Group, inc.. a Group, inc., a Texas Texas corporation corporation ("Purchaser"). ("Purchaser"). WITNESSETH: Purchaser Purchaser and and Seller Seller have have entered entered into into a a Contract Contract of of Sale Sale (the (the "Contract'') "Contracl") dated January January 28, 28. 2016, 2016. whereby whereby Seller Seller has has contracted contracted with with Purchaser Purchaser for for the the sale sale of of th the real property e real property (the {the "Property"), "Property'J. with with the the address of 5925 address of 5925 Oram Dram Street, Street, Dallas, Dallas. County County of of Dallas, Dallas. State State of0f Texas, Texas. 75206, 75206. the legal description of which Property is set forth on Ext!iblt "~'.'. attached hereto. This This Memorandum of of Contract Contract is is solely solely for for notice notice and and recording recording purposes and shall shall not be construed to alter construed to alter modify, modify, expand, expand, diminish diminish oror supplement supplement thethe provisions provisions of the Contract. ofme Contract. In In the the event of any any inconsistency inconsistency between between the the provisions provisions of of this this Memorandum of of Contract Contract and the [he provisions of the ofthe Contract, Contract, the the provisions provisions of of the the Contract Contract shall shall govern. govern IN WITNESS WHEREOF, this IN Memorandum of this Memorandum of Contract Contract has has been been duly executed by duly executed by the the parties parties hereto as hereto as of of the the day day and and year year first first above written. wriflen. the ____b_ EXECUTED the day of {a day of April, April, 2016. 2016. Purchaser: Purchaser: Greener City Group, Greener City Group, Inc., |nc., aa Texas corporation corporation By: Name: Theodore Theodore Drew Colon Its: Its: Director, Director] President President CORPORATE CORPORA TE ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DALLAS Colon, This This instrument instrument was acknowledged acknowledged before before me on the the [a dayday of of April 2016. by April 2016, 1t-. by Theodore Drew acting In Colon‘ as as the the Directo Directorr and and President Preaident of of Greener Greener City Cify Group, Group. Inc., Ina, aa Texas Texas corporation, corporation. acting In the the capacity capaciiy herein herein stated stated on on behalf behalf of of said said entity. entity. _‘.‘3‘_‘:.".'.':;;»,. 5' . .." KEEN Comm: Nl‘mfolii CAMERA Nolan; raumuc, 51mg. 0| as arr I I lems 20W ~ n!_’ .. .__ [U- w £0 tary Pu lac, State of . _ ~ - V.iitaryruij1ic. . «fl ( ' • ,A1, WITH 1B FOOT STRIP ALONG THESOIITH FOOT STRIP THE SOLWH END OF S/\IDlOTAllANDOflEO END Of SAID LOT ABANDONED BY THE CITY BY THE GII'Y Of OF OAUAS. DALLAS. Raunmluna hm Conwylncn: NONE Encomhlls io Cnmayanee and Wamnty: THIS GDNVEYAHCE 15 THIS CONV!;YAtlCE IS laXECUTEO, EXECUTED. DEllllER!;.0 DELIVERED ANOAND ACCEPTED RC!) EPTED SU13JECT SUBJECT TO AD VALOREM TAJJANCES, ORDINANCES. UTILITY UTILITY DISTRICT DISTRICT ASSESSMENTS ANOAND STANOOY STRNDBY FfES, FEES. IF IF ANY, ANY. ANY ANY ANO All ALI. V~IO MO VAUD VTIUT'r EASE'MENTS CREATED UTILITY EASEMEr-lTS CREATED BY BY THE DEDICATION DEDICATION DEED DEED OR FLAT OF DR PLAT OF THE SUEDIVISBN IN THE SUIIOI\IISfON IN WHICH SAJD ln1--eys mar: 10G'8nte-e m IonnIee tht propony, pmpofly. toge-thcrwfo, logemnflm all ull • to nd slnpu\Jr and slamm- l:he me rtgh1s and appur1cn1nc:es Imus and lppunlnlms theta elm“. edmlnl,tralorc., eXeo.t'IOfC, mama lo tn|n On)' mums. aflmlnlsu'alors‘ wcotnot"t, 0( any Wise wk: bclo'lQln;. u: HS~M heraulnn. 10 Ia have have .nd Tamar. Gtanlo.r Ind hold hula h to 6mm Io Gr.ntce:. Grentec's II blues Gninto, Game's hct11.helrl. nah“; fOIO\-C.r1 Grimm hereby ncmhf bLnds Grimm Indam GJ8n\of, Gurus“ heirs. mama."t iilfilo: l GENERAL PARTNER /-=z~_i,;;7 >11.UNIGI,, ilk“ PARTNER ZUNIGJH. l'RESI~ PRESIDENT CK-‘H-‘H—h Wlflnl‘f Dela I FM’IOENmH-dm 3 Paw II ctl Pago M2 'RCBI'NIC' DlLl-nh' DOG! 000010521 DIE!) UAIIIIZUL‘J' Vull DUBODL‘D Plael Uflflflll f‘afidll J 0f 3 (.Acknowledgment) (Acknowledgment) 0F lg~_ THE STATE OF COUNTY or— _ ffil.LQ¢,__ . courmr OF _§fi_fl¢_ This ll'IStrument was acknowledged Thlslnstmrnentuns RUBEN ZUNIGA, acknmdedgea before ZUHIGA. PRESIDENT before me rna on PRESlDENT OF Z INFINllY __JQ_ 1he (U day onma of days! INFINITY INVESTMENTS, INESWENTS. INC., 1 ~ .~- jm‘d 11m. by by INC" A A TEXAS CORPORATION, CORPORATION. BEHALF OF SAID PARTNER OF VISIONS INFINITY GENERAL PARTNER 3ND LIMITED INFINITY HOMES, LIMITED PARTNERSHIP. PARTNERSHIP. HOMES. LTD., Tm LTD. A TEXAS LIMITED LIIIITED PARTNERSHIP, PARTNERSHIP, ON OH ”.me mmm. D‘w's nary 9mg. N~la!)l's ante Nalarr's Name (printed): Notary'$ (primed): at Tums ' ' __ :1, 'D #971719 Notary; ci,mm i&glon ••pifeg: mmmission axpiras: ”V My Commission aplras = {-fi“ June 24. 2020 “I‘VWUH‘Ii'mflwmm'mm NOTICE: This document afiecls your legal righrls. Read It ca Re.id refutty before careflmy it before s ig rii ng. signing. AFTER RECORDING REfllR AFTER RECORDING GRANITE RE GRANITE RETURN RE HOLDINGS. NTO: TD: L Lc. A TE.AAS H LDINGS. LLC, IEXAs LIMITED LIMITED Egg: aim:ER NEWMI\N & lAI-.I.ER W PREPAAE.D IN T~ 1AW Ofl'JCE arm: O~:0F; LIABILITY LInmu-nr COMPANY coggmy A A PROFESSIONAL PROFESSIONAL LIM!TEO LwrrED LIABlLllY Llnaluw COMPANY company P.O. BOX 141312 AttORNE\'S ATTORNEYS AT LAWLAW EflLBAgx-ljgig DALLAS, TEXAS 7521~ 2w BAILEY 2CO BAILEY AVE., AVE. SUITE mu SUITE 100 ' 75 2 14 FORT mam rim Font WOFllli. TEXAS 76107 751 or Flied Flled and Recorded Recorded Official Official Public Public Records Records John F.F. Warren, Warren, County County Clerk Clerk Dallas Dallas County, County, TEXAS 01/11/2017 01!11!2017 02:46:57 02:46:57 PM PM $30,00 $30.00 201700010621 201700010521 /1. ~ 1·;__ '9' Warranly Wanrfly Do~d FAT10_NLDfl4-O‘| ~ D890 IJ FAT10_NL022-401 3 Page Page 22 ol2 of 2 ‘Msfm‘ DlIJ-AE ,.ACS/TRC"- D~lJ4'6 Doc~ 000010521 Doc] OOOOlOS::ll. DatC!I? Data: Ol/l.l/.2017 01111.!101? VolJ V01! 0000000 0000000 Pag,ei, Pane: OODOC 00905 1'6Q'llil1 Fafli: 0f ~ 22 Of 2