HomeMy WebLinkAboutContract 33203 (A CITY SECRETARY
l CONTRACT NO.
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FIRST AMENDMENT TO LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, the City of Fort Worth ("Lessor"), acting by and through its duly authorized
Assistant City Manager and Clarke Benham made and entered
into a 50 year Lease Agreement("Lease") on 19 February , 19 82 for property
described as Block 29, Lots 35 - 35A, Lake Worth Lease Survey, aka 8525 Heron Drive ; and
WHEREAS,the Lease has been assigned to Anna M. Benham , ("Lessee"),
the current Lessee of the Leased Land; and
WHEREAS, Lessor has platted or replatted the Leased Land since 1990 to correctly
identify and describe the Leased Land; and
WHEREAS, it is necessary to amend the Lease to correctly identify the Leased Land and
include the legal description as shown on the plat or replat recorded by Lessor since 1990.
NOW THEREFORE, Lessor and Lessee, acting herein by and through their duly
authorized representatives, for and in consideration of the rent paid, the covenants and
agreements to be performed, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, enter into the following agreement, which
amends Section I the Lease as follows:
Section I of the Lease is amended to provide that the Leased Land is comprised of
Lot 35 &35A ,Block 29 , Lake Worth Lease Blocks, in the City of
Fort Worth, Tarrant County,Texas as shown on the plat recorded in
Cabinet A , Slide 4552 Plat Records, Tarrant County, Texas and as
shown on the plat or replat attached to this First Amendment to Lease as Exhibit"A".
Except as amended by this First Amendment, all of the terms and conditions of the Lease are
ratified and remain in full force and effect.
EXECUTED as of the A1' day of 200 .
LESSOR
CITY F TWO T
Contracuthorization
Mar A. Qtt�,As§istant City Man Data
vim, i
r.. ATTEST: - APPROVE S TO ORM AND LEGALITY:
AA LA;���City Secretary Assist&t CitylAttorney
Amey A,vignment
LESSEE
Anna M. Benham
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me this the day of
2006, by Marc A. Ott, Assistant City Manager for the City of Fort Worth,
a municipalkorporation, on behalf of said corporation.
HETTIE LANE
MY COMMISSION EXPIRES Notary Public, State of Texas
July 26,2007
STATE OF TEXAS §
COUNTY OF TARRANT §
6
This instrument was ackno e before thisthe day of
2006, by ,
3,0
MAMEW MICHAEL
NoWy Pubk State of Texas Notary Public, State of Texas
My CampE*=Maras 3r2008
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me this the day of
2006, by
Notary Public, State of Tex
Amendment with Transfer 1n?,;
i
EXHIBIT"A"
PLAT OF REVISED LEASED LAND
Lot 35 &35A ,Block 29_—,Lake Worth Lease Blocks, in the City of Fort
Worth,Tarrant County,Texas as shown on plat filed at Cabinet A ,Slide 4542 ,
Plat Records,Tarrant County,Texas
Attached
Amendment with Transfer
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CITY OF FT WORTH
900 MONROE ST ••..r« *
#302
FT WORTH TX 76102
Submitter: CITY OF FORT WORTH/REAL PROPERTY-001 ZCFV1
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 08/08/2006 10:36 AM
Instrument#: D206243811
OPR 6 PGS $32.00
1111111111 I1III 1111 IN
D206243811
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR
RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
M & C: DATE DOE
AGENT #
City of Fort Worth, Texas
413alow and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
2/19/02 L-13249 1 30OPTION 1 of 2
SUBJECT APPROVAL OF OPTION TO PURCHASE AND PURCHASE AGREEMENT CONTRACT
TO FACILITATE THE DIRECT SALE OF LAKE WORTH LEASE PROPERTY
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to approve the Option to Purchase
and Purchase Agreement contract, with the Lessees of the Lake Worth lease properties listed on
Exhibit "A" to facilitate the direct sale of eligible Lake Worth lease properties. (See attached contract
and Exhibit "A")
DISCUSSION:
On July 15, 2001, House Bill No. 1490 was signed into law and went into effect. This amendment to
the Texas Local Government Code, Section 272.001(h), allows a municipality having a population of
575,000 or less and owning land within 5,000 feet of the shoreline of a lake, without notice or the
solicitation of bids, to sell the land to the persons leasing the land for the fair market value of the land.
In December 2001, City staff prepared an Informal Report to the City Council (Informal Report No. 8376
attached as Exhibit "B") which provided an update on the status of the sale of lease lots, and also
recommended a four-year Lease Lot Sales Plan and a Water/Sewer Infrastructure Improvement Plan
around Lake Worth. This sales plan includes 268 residential properties with an estimated market value
of$4.7 million.
In order to facilitate the direct sale of the residential Lake Worth lease properties, it is recommended
that a sales option contract be executed with the Lessees for the properties eligible for sale. The sales
option will allow the existing lessees to purchase their leased properties at today's fair market value
adjusted annually upward by 2% per year until sold by the City in accordance with the recommended
timeline outlined in Informal Report No. 8376.
The properties eligible for this contract are listed on the attached Exhibit "A". The option fee provided in
the contract is $500.
Due to the proximity of the Joint Reserve Base/Naval Air Station, an avigation easement will be
reserved on behalf of the public and incorporated into the Special Warranty Deed used to convey these
properties.
Proceeds from the sale of these City-owned Lake Worth lease properties will be deposited in a Lake
Worth Infrastructure Fund Account in accordance with M&C G-12916 dated May 16, 2000. The
proceeds are escrowed and designated for water and wastewater improvements within the area of the
City of Fort Worth surrounding and adjoining Lake Worth.
I
City of Fort Worth, Texas
4110yor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
2/19/02 L-13249 1 30OPTION 2 of 2
SUBJECT APPROVAL OF OPTION TO PURCHASE AND PURCHASE AGREEMENT CONTRACT
TO FACILITATE THE DIRECT SALE OF LAKE WORTH LEASE PROPERTY
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Engineering Department, Real Property Services Division is
responsible for the collection and deposit of funds from this sale.
MG:n
Submitted for City Manager's FUND j ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
PE45 444192 0601000
Mike Groomer 6140
Originating Department Head:
Douglas Rademaker 6157 (from) APPROVED 02/19/02
Additional Information Contact:
Douglas Rademaker 6157