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HomeMy WebLinkAboutContract 48569 CITY SECRETARY _ CONTRACT NO. When recorded, return to: Lake& Cobb,PLC 1095 W. Rio Salado Pkwy, Suite 206 Tempe,AZ 85281 Attn: J. Gregory Lake,Esq. (Space Above for Recorder's Use) MEMORANDUM OF GROUND LEASE AND OPTION AGREEMENT THIS MEMORANDUM OF GROUND LEASE AND OPTION AGREEMENT ("Memorandum") is made as of January Jj , 201,6,'l(the "Effective Date") by the CITY OF FORT WORTH, a Texas home rule municipal corporation ("Lessor") and TCSF16-D E FORT WORTH K8, LLC, an Idaho limited liability company ("Lessee"). RECITALS A. Lessor and Lessee entered into that certain Ground Lease with Option to Purchase, of approximate even date herewith (the"Ground Lease"),pursuant to which the Lessor leased to Lessee and Lessee leased from Lessor real property, which real property is more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Leased Premises"). B. The Ground Lease includes an option for Lessee to purchase the Leased Premises. C. Capitalized terms used but not defined herein shall have the meaning set forth in the Ground Lease. D. Lessor and Lessee desire to execute this Memorandum to provide constructive notice of the Ground Lease and Lessee's option to purchase the Leased Premises. For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,the parties agree as follows: 1. Term. The Term of the Ground Lease commences immediately and expires thirty (30) years thereafter, unless terminated earlier. 2. Option. Lessee has an option to purchase the Leased Premises. 3. Notice. Lessor and Lessee hereby give actual and constructive notice to all persons of the Ground Lease and Lessee's option to purchase. A copy of the Ground Lease is in the possession of both Lessor and Lessee. 4. Purpose. This Memorandum is intended for recording purposes only, and does not modify, supersede, diminish, add to or change all or any of the terms of the Ground Lease in any respect. 5. Successors and Assigns. This Memorandum shall bind and inure to the benefit of the parties and their respective heirs, successors and assigns, subject, however, to the provisions of the Ground Lease. 6. Governing Law. This Memorandum is governed by the laws of the State of Texas. [SIGNATURE PAGES FOLLOW] IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum as of the day of Q , 2017. LESSOR: CITY OF FORT WORTH,TEXAS, a Texas municipal corporation i� Attest: Jesus Chapa,Assistant City Manager Al of Foy' Mary J. Kayser, City Secretary . Approved as to form: Assistant City Attorne STATE OF E31r S ) ) ss. County of I Aj2A2-A-r,4T ) The foregoing instrument was acl nowled ed before me this �� day of January, 2017, by,j E.S u S PA , the �, of the City of Fort Worth, a Texas municipal corporation. Notary Public My commission expires: Oo ojir a� '•. OF ; LESSEE: TCSF16-D E FORT WORTH K8, LLC, an Idaho limited liability company By: TCSF 16-D, LLC, an Idaho limited liability co a , its sole member, By: Name: Its: STATE OF ) SS. County of ) �"' l The foregoing instrument was acknowledged before me this day of January, 2017, by- ed , the e of TCSF 16-D E FORT WORTH K8, LLC, an Idaho limited liability company, sole &ember and manager of TCSF16-D, LLC, an Idaho limited liability company. N tary Public My commission expires: - Fz = PUBLIC O EXHIBIT A to MEMORANDUM LEGAL DESCRIPTION Tract 1: Lot 1, Block 14-A of Woodhaven Country Club Estates,3-B Filing, an addition to the City of Fort Worth, Tarrant County,Texas, according to the plat thereof recorded in Volume 388w97, Page 25,Plat Records, Tarrant County,Texas, Tract 2: LOT 1, BLOCK I OF SPANISH OAKS APARTMENTS ADDITION,an Addition to the City of Fort Worth, Tarrant County,Texas,according to the revised plat thereof recorded In Volume 388-90,Page 36,Real Property Records of Tarrant County,Texas.