HomeMy WebLinkAboutContract 52721 CITY SECRETARY
CONTRACT NO._ 5a 7a) _
LEASE AMENDMENT
TO LAKE WORTH RESIDENTIAL LEASE AGREEMENT
This LEASE AMENDMENT TO LAKE WORTH RESIDENTIAL LEASE AGREEMENT
("Amendment") is entered into by and between James E.Rau("Tenant')and City of Fort Worth,a Texas
home rule municipal corporation("Landlord").
WHEREAS,Landlord entered into a ground lease("Lease")on March 30, 1982 with J.R.and Lillie Moore,
the original lessee under the Lease Agreement for property located at 9317 Heron Drive, with a legal
description more particularly described as Lot 28, Block 27, Lake Worth Leases Addition, Fort Worth,
Tarrant County, TX(the"Leased Premises"), said Lease attached hereto as Exhibit"A",-
WHEREAS, through assignment(s), the Lease is now between Landlord and Tenant for the Leased
Premises, and such Lease has a fifty year term ending on January 31,2032;
WHEREAS, pursuant to Section 272.001(h)of the Local Government Code, Landlord is authorized to sell
the property to the person leasing the land for the fair market value of the land as determined by a certified
appraiser;
WHEREAS, Landlord and Tenant desire to effect a sale of the Leased Premises from Landlord to Tenant
under Section 272.001(h) of the Local Government Code for the fair market value of the land, and,
contemporaneously with this Amendment, is entering into a Purchase and Sale Agreement for the purchase
of the Leased Premises by Tenant within eighteen (18) months of the execution of the Purchase and Sale
Agreement; and
WHEREAS, the existing Lease does not provide for terms of disposition of the Leased Premises in the
event of a sale or for the terms of the termination of the Lease in the event of a failure to purchase the
Leased Premises under the Purchase and Sale Agreement, and the parties desire to amend the Lease to
provide for such terms.
NOW THEREFORE, in consideration of the mutual agreements herein and other good and valuable
consideration,the parties agree as follows:
1. Term. The term of the Lease is hereby amended to end upon the closing of the sale of the Leased
1 Q'% +�
Premises under the Purchase and Sale Agreement, which shall occur within e� h«�,�(18)mon hs
OFFICIAL RLCORD
CITY SECRETARY
FT WORTH,TIC
after the Amendment Effective Date("Closing Deadline"). If the closing of the sale of the Leased
Premises has not occurred by the Closing Deadline,this Lease shall expire on the Closing Deadline.
2. Expiration of Lease. Section VII EXPIRATION OF LEASE is hereby deleted in its entirety and
replaced with the following:
"VII. EXPIRATION OF LEASE
A. Any buildings, improvements, additions, alterations, and fixtures (except furniture and
trade fixtures)constructed,placed,or maintained on any part of the Leased Premises during
the lease term are considered part of the real property of the Landlord and must remain on
the Leased Premises and become Landlord's property when the Lease terminates.
B. Before the Lease terminates, Tenant shall remove all personal property, furniture,
machinery,or equipment in,under,or on the Leased Premises.Before the Lease terminates,
Tenant must repair any damage to any buildings or improvements on the Leased Premises
resulting from the removal.Any such items not removed by the lease termination date will
become Landlord's property on that date."
3. Ownership of Improvements. Section X OWNERSHIP OF IMPROVEMENTS is hereby
amended by adding the following sentence at the end of the Section: "Upon expiration of this
Lease through the closing of the sale of the Leased Premises under the Purchase and Sale
Agreement, Tenant shall retain all right, title, and interest in the improvements on the Leased
Premises; however, upon the expiration of this Lease without a closing of the sale of the Leased
Premises under the Purchase and Sale Agreement, all right,title, and interest in the improvements
on the Leased Premises shall vest in Landlord without further payment by Landlord to Tenant for
the improvements, and Tenant shall not have any right to enter upon the Leased Premises."
4. Continued Terms and Provisions. All of the terms and provisions of the Lease between the
parties shall remain in full force and effect except as specifically amended herein.
Executed to be effective as of the date this Amendment is notarized by the City
("Amendment Effective Date").
LANDLORD:
CITY OF FORT WORTH,TEXAS,
a Texas municipal corporation
By: /�c `�—
CVin Assistant City Manager
APPROVED AS TO FORM AND
TALITY:
Assistant City Attorne
M&C: L-1594
1295: N/A o�r
/W( ity Secretary
..,.,
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract,
including ensuring all performance and reporting requirements.
Nam of Employee: Rick Salazar
Title: Sr. Land Agent
TENANT:
Rau-
PrintejName: rnLS . Ra(A Printed Name:
OFFICIAL R -CORD
CITY SECRETARY
FT WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument as acknowledged before me on the ?D day of 2019, by
Py1U'1C�►!lA/1 t f Vq Cc eG of the City of Fort Worth, a Texas
municipal corporation, on behalf of thak entity.
MARIA S.SANCHEZ '
My Notary ID#2256490
� •.,rF of;E+,,: Expires December 19,2021 �
Not y Public
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the day of e&4 20+S—.by
U
aY Pu LAVONNE S.KEtTH
°P s0 Notary Public,State r F Texas
* * Comm.Expires 03-32.2020 e
(S +v Co Notary ID 737793-8
Te o�sE
N tary Public
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the day of 2018, by
(Seal)
Notary Public
A
ECORDETARYH, T
Page 1 of 19
D219017565 112912019 5:01 PM PGS 19 Fee: $88.00 Submitter: CSC ERECORDING SOLUTIONS
Electronically Recorded by Tarrant County Clerk in Official Public Records ,
EX IT"AP Mary Louise Nicholson
STATE OF TEXAS §
§ Know All Persons by These Presents;
COUNTY OF TARRANT §
LA
IM TITLE COMPANY
ASSIGNMENTGF 4--000/SY W d d 9 q/_GSA'
WHEREAS, on the 30 day of March , 1982, the City of Fort Worth, acting by and through its duly
authorized Assistant City Manager,entered into a certain Iease agreement(the Lease)with I.R. and Lillie Moore,
whereby the City of Fort Worth]eased for a period of 50 years,and 0 months,commencing on the 1 day
of February 1982,and ending on January 31,2032 at an annual rental rate of$18800
subject to the adjustments set forth in the Lease,the following described property:
Lot(s) 28 ,61ock 27 , Lake Worth Lease Survey,Tarrant County,Texas,and otherwise known as
9317 Heron Drive
A copy of the Lease is attached hereto as Exhibit A and incorporated herein by reference as f#set forth in full.
WHEREAS, the Lease was Platted to correctly identify the Leased Land as Lot 28&228A,Block 27,Lake
Worth Leases, an Addition to the City of Fort Worth, Tarrant County,Texas, as shown on the plat recorded in
Cabinet A,Slide 7638,PIat Records,Tarrant County,Texas;and
WHEREAS,the lease was assigned on July 8,1997 to Linda Carnes,and
WHEREAS,the lease was assigned on July 9,2009 to Edward 1. Freeman and Ronald V.Freeman,and
AND WHERAS, the current LESSEE(S)under the Lease(x) Edward T. Freeman and Ronald V. Freeman,
ASSIGNOR(S),desire to assign the Lease to(xx) Tames E.Rau ,ASSIGNEE(S),pursuant to the provisions of Section
IV(A)thereof.
NOW THEREFORE, the City of Fort Worth, does hereby consent to the assignment of the Lease from
ASSIGNOR(S),to ASSIGNEE(S).
As consideration for the assignment of the Lease, ASSIGNEE(S) hereby expressly accept(s) and assume(s) all
obligations and liabilities of ASSIGNOR(s)under the terms of the Lease and agree(s)to be bound by all the terms,
provisions and covenants thereof.
Specifically, ASSIGNEE($) is/are aware, and acknowledges) receipt of Notice from LESSOR, that the
ASSIGNORS)is/are in violation under the terms of the Lease with regard to:
inadequacy of current septic system serving the lot;
inadequacy of current water well serving the lot;
other:
Further,ASSIGNEE(S)is/are aware that ASSIGNEE(S)will be required to cure the aforementioned violation within
forty-five(45) days of the date of the assignment or the Lease will be terminated by default,and ASSIGNEE(S)shall
not be entitled to reimbursement by LESSOR for the value of the improvements on the property,if any.
In addition, ASSIGNEE(S) acknowledge(s) that LESSOR is not obligated to extend the forty-five (45) day time
period during which any violation under the Lease must be cured. Nothing contained herein shall be considered
as altering or extending the forty-five(45) day time period or as releasing any claim or course of action LESSOR
may have against ASSIGNORS)in connection with their obligations or liabilities under the terms of the Lease,
LESSOR'S consent to the assignment of the Lease is given with the understanding that all amounts owed to the
City of Fort Worth, under the terms of the Lease, including rent, penalties, interest and ad valorem taxes, are paid
and current to date. If ASSIGNOR(S) is/are not current on any and all obligations owed to LESSOR under the
terms of the Lease,this Assignment if Null and Void and of no force and effect.
ASSIGNEE(S)/ASSIGNOR(S)shall pay to LESSOR a one hundred fifty dollar($150.00)assignment fee to defer the
administrative fees associated with this assignment.
This Agreement may be executed in two or more counterparts, and it shall not be necessary that any one
counterpart be executed by all of the parties hereto. Each fully or partially executed counterpart shall be deemed
an original and all such counterparts taken together shall constitute one instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 23 rd day of
wes•�• 200.
Approved as to Form and Legality LESSOR_T'he City of Fort rt
Assistant City Manager-Jesus . Chapa
Assistant City Attorney
ASSIGNOR: ASSIGNEE:
(x) x t - / v-/ �✓� �c � (xx)
By: Ronald V. Freeman By:James E. Rau
(x)
By:
273 Smothers Rd. PO BOX 150450
Paragould,AR 72450 Fort Worth,TX 76108
-70 33s2r''9-'K IK I -a07 - Q � �9'
(Phone No.) (Phone No.)
RETURN RECORDED DOCUMENT TO:
City of Fort Worth
Property Management Dept.
900 Monroe St. Suite 400
Fort Worth,Texas 76102
STATE OF ARKANSAS §
COUNTY OF—Gpjo= §
Ronald V. Freeman
BEFORE ME,the undersigned authority,personally appeared(xx) / ,known to me to be the
person(s) whose name(s) is/are subscribed to the foregoing Agreement, and who acknowledged to me that the
document was read in its entirety and understood and was executed for the purposes and consideration expressed
therein.
n d
(�' GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
I V o\(e--M bar 2010
JA=COUNTY
GR
NOTARY NSAS Notary lic
My Commissy 20,2023Commi3616
STATE OF
COUNTY OF
BEFORE ME,the undersigned authority,personally appeared(xx)JQ""IIES E /?"'tknown to me to be the
person(s) whose name(s) is/are subscribed to the foregoing Agreement, and who acknowledged to me that the
document was read in its entirety and understood and was executed for the purposes and consideration expressed
therein.
GIVEN UNDER MY HAND AND SEAL FFICE this—L_day of
20T
rF(O---," Notary
LAVONNE S.KEITNotary Public,State cd Texas Not y Pubic
Comm.Expires 03-31-2020
ID 737793-8
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority,personally appeared Jesus J.Chapa Assistant City Manager,
known to me to be the person and officer whose name is subscribed to the foregoing Agreement,and acknowledged
to me that the same was the act of the City of Fort Worth,a home-rule corporation, and that he/she executed the
document as the act of said corporation for the purposes and consideration expressed therein and in the capacity
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this-Z, ay of
AA A44A, .20
MIA S.SANCHEZ /M
:.: •: My Notary ID#2256490
Expires December 19,2021 Nota Public
"EXHIBIT A"
STATE OF TEXAS §
§ Know All Persons by These Presents:
COUNTY OF TARRANT §
LEASE ASSIGNMENT
WHEREAS,on the 30 day of March ,19 82 ,the City of Fort Worth,
acting by and through its duly authorized Assistant City Manager, entered into a certain lease agreement (the
Lease) with T.R and Lillie Moore whereby the City of Fort Worth leased for a period of 50 years,
0 months,commencing on the 1 day of February ;19 82 and ending on Tanuary
31, 2032 at an annual rental rate of$ 188.00 subject to the adjustments set forth in the Lease, the
following described property:
Lot(s) 28 Block 27 ,Lake Worth Lease Survey,Tarrant County,Texas,
and otherwise known as 9317 Heron Drive
A copy of the Lease is attached hereto as Exhibit A and incorporated herein by reference as if set forth in full.
WHEREAS, the Lease was amended in CitySecretary Contract Number to correctly identify
Y Y
the Leased Land as Lot 28&28A Block 27 Lake Worth Lake Worth Leases,an addition to
the City of Fort Worth,Tarrant County,Texas, as shown on the plat recorded in Cabinet A, Slide 7638
Plat Records,Tarrant County,Texas;and
I
AND WHERAS,the current LESSEE(S)under the Lease (X) Linda Carnes ASSIGNOR(S),desire to
assign the Lease to(xx) Edward T.Freeman and Ronald V.Freeman
ASSIGNEE(S), pursuant to the provisions of Section IV(A)thereof.
NOW THEREFORE, the City of Fort Worth, does hereby consent to the assignment of the Lease from
ASSIGNOR(S),to ASSIGNEE(S).
I
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As consideration for the assignment of the Lease, ASSIGNEE(S) hereby expressly accept(s) and assume(s) all
obligations and liabilities of ASSIGNOR(s) under the terms of the Lease and agree(s) to be bound by all the terms,
provisions and covenants thereof.
i
Specifically, ASSIGNEE(S) is/are aware, and acknowledge(s) receipt of Notice from LESSOR, that the
ASSIGNOR(S)is/ in violation under the terms of the Lease with regard to: j
inadequacy of current septic system serving the lot;
inadequacy of current water well serving the lot;
other
I
Further, ASSIGNEE(S) is/are aware that ASSIGNEES) will be required to cure the aforementioned violation
within forty-five (45) days of the date of the assignment or the Lease will be terminated by'default, and
ASSIGNEE(S) shall not be entitled to reimbursement by LESSOR for the value of the improvements on the
property,if any.
In addition, ASSIGNEE(S) acknowledge(s) that LESSOR is not obligated to extend the forty-five (45) day time
period during which any violation under the Lease must be cured. Nothing contained herein shall be considered
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as altering or extending the forty-five (45) day time period or as releasing any claim or course of action LESSOR
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may have against ASSIGNOR(S)in connection with their obligations or liabilities under the terms of the Lease.
LESSOR'S consent to the assignment of the Lease is given with the understanding that all amounts owed to the
City of Fort Worth,under the terms of the Lease,including rent, penalties,interest and ad valorem taxes,are paid j
and current to date. If ASSIGNOR(S) is/are not current on any and all obligations owed to LESSOR under the
terms of the Lease,this Assignment if Null and Void and of no force and effect.
ASSIGNEE(S)shall pay to LESSOR a one hundred fifty dollars($150.00)assignment fee to defer the administrative
fees associated with this assignment.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of
20
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LESSOR: The City of Fort Worth
Assistant City Manager
ASSIGNOR: ASSIGNEE:
(X) . fin - (xx)
Linda Carnes Ronald V.Fr m
I
(xx)
Edward
4205 Austin Place
Fort Worth,TX 76135
(Address) (Address)
i
RETURN RECORDED DOCUMENT TO: '
City of Fort Worth
900 Monroe Street
Suite 302
Fort Worth,Texas 76102
2
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority,personally appeared (X) Linda Carnes
known to me to be the person(s)whose name(s)is/are
subscribed to the foregoing Agreement, and who acknowledged to me that the document was read in its entirety
and understood and was executed for the purposes and consideration expressed therein.
IVEN UNDER MY HAND Q D SEAL OF OFFICE this��day of
I
�aa'ff "n MELODYJ.MOSS
MY COMMISSION EXPIRES —
,��I„•.�; December20,2007
Notary ublic
STATE OF'F£KEAa'0*1"vS`-S §
COUNTY OF TARR7MT §
l'ree,✓C
BEFORE ME,the undersigned authority,personally appeared (xx) Ronald V.Freeman
,known to me to be the person(s)whose name(s)is/are
subscribed to the foregoing Agreement,and who acknowledged to me that the document was read in its entirety
and understood and was executed for the purposes and consideration expressed therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this�` day of
20 Qr7 .
Notary
y1�Tf.pA•, SHEILA G,DAVIS
47927
STATE OF -HrXd'✓��S§ =•�;"°'."")• MY COMMISSION fx 12 EXPIRES:June 1,2016016
COUNTY OF TARRANT § Greene County
6oree of
BEFORE ME,the undersigned authority,personally appeared (xx) Edward Toseph Freeman
known to me to be the person(s)whose name(s)is/are
subscribed to the foregoing Agreement, and who acknowledged to me that the document was read in its entirety
and understood and was executed for the purposes and consideration expressed therein.
I
GIVEN UNDER MY HAND AND SEAL OF OFFICE this�ti day of
19yew,bQ ,20 .
Notary Public
;,•<oit;:;N SHEILA G.DAVIS
MY COMMISSION!12347927
EXPIRES:June 1,2016
�KAN'��• Greene County
3
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(City of Fort Worth Use Only)
STATE OF TEXAS §
COUNTY OF TARRANT §
�'E(l,lU*1j D-D
BEFORE ME,the undersigned authority,personally appeared ?d r —
known to me to be the person and officer whose name is
subscribed to the foregoing Agreement, and acknowledged to me that the same was the act of the City of Fort
Worth, a home-rule corporation, and that he/she executed the document as the act of said corporation for the
purposes and consideration expressed therein and in the capacity stated.
A4`
/' i
GIVEN UNDER MY HAND AND SEAL OF OFFICE this '—day of
12001
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.r�lyi,ly,NIM,
,,Wpu�(, MARIA S. SANCHEZ
gif
NOTARY PUBLIC
STATE OF TEXAS
< ov ` My Comm.Exp.12-114.2009
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LEASE AGREEMENT
E=RIT.nI n
THE STATE OF TEXAS 6
¢ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
The City of Fort Worth,Lessor,a home-rule municipal corporation situated in Tarrant County,Texas,(hereinafter
'sometimes referred to as"City")acting herein by and through Mozris C. Natson ,its duly authorized
-Sst. City Manager,and Ai R. Moore ,Lessee,hereby make and enter into the following lease agree•
ment. Lillie Moore
I.
For and in consideration of the prompt payment by Lessee,when due,of all rents as herein provided,and further
for and in consideration of the full and timely performance by Lessee of all of Lessee's duties and obligations in strict
compliance with the covenants,conditions and agreements herein contained,City hereby demises and leases to Lessee,
and Lessee hereby accepts from City,the following described real property for the term and uses and subject to the
conditions set forth herein:
LOT 28 BLOCK 27 LfSQ; VOB111 LBASL SURME-Y
AKA 9317 Ileron Drive
II.TERM
The term of the lease shall be 50 years commencing February 1, 19R2 and ending
January 31, 2032
The City may offer five(5)year extensions to the term of the lease on each fifth anniversary of the lease.The Lessee
may refuse such extension by giving notice to the City,in writing,within sixty(60)days after receipt of notice of any
extension.
III.LESSEE'S RIGHTS AND OBLIGATIONS
Lessee shall:
A. pay annual rent to the City of Fort Worth in the sum of$188.03 ,said rent payable in 12 equal
installments,one such installment due on the first of each month.
B. pay the rent due under this lease to the Assessor-Collector of Taxes for the City of Fort Worth,or other office
designated by the City.
C. pay rent-for-each-year after the first year in an amount-that-shall be adjusted by eighty.percent.(80?70)of the
change in the annual average of the Consumer Price Index U.S.City Average,"all items"index,all urban consumers
(CPI-U)from the annual average for the previous calendar year,as published by the Bureau of Labor Statistics for the -
United States Department-of-Labor,said adjustment to be computed by dividing the CPI-U for themost_recent year
by the CPI-U for the immediately preceding year,subtracting one(1)from that quotient,multiplyingahat.result by
eight-tenths'(0.8);adding one(1)to that product,and multiplying that sum by the rent for the-prev I io.us year.
D. be able to use the leased land for residential and water recreational purposes,in compliance with applicable
zoning ordinances.
E. use and occupy the leased land,in compliance with the laws of the United States of America,the statutes of
the State of Texas,and the Charter and Ordinances of the City of Fort Worth,whether now in effect or hereinafter
adopted so long as any hereinafter adopted ordinance or charter provision is not adopted solely for the purpose of
limiting the rights of Lessee and similarly situated Lessees.
F. accept the premises in their present condition as being suitable for all purposes of this lease.
G. be deemed to be an independent tenant in possession of the premises and responsible to all parties for his acts
and omissions with regard thereto,and the City shall in no way be responsible for any act or omission of the Lessee.
H. indemnify,hold harmless and defend the City,its officers,agents,and employees,from and against any and
all claims for damages or injury,including death,to persons or property arising out of or incident to the leasing or the
use and occupancy of the leased land by Lessee,his guests or invitees.
1. indemnify,hold harmless and defend City from and against any and all mechanic's and materialmen's liens or
any other lien,claim or charge imposed upon the leased land or rising as a result of any conduct or activity by the
- Lessee or anyone on his behalf.
J. provide and maintain suitable methods and means for the disposal of trash,body waste,and excreta,in com-
pliance with applicable sanitation laws and ordinances.
K. not drill or dig any well on the leased land without the prior written approval of the City nor use the water
from such well until it has been tested and approved by the appropriate authorities.
L. not commit,or allow to be committed,any waste on the premises,nor create or allow any nuisance to exist on
the premises.
M. not keep or permit any animals on the leased premises other than domesticated dogs and cats.
IV.LESSOR'S RIGHTS AND OBLIGATIONS
The City of Fort Worth shall:
A.approve the sale,or assignment(hereinafter collectively assignment)of this lease or remaining term,provided
that:
1,all amounts owed to the City hereunder and City ad valorem taxes are paid current to the date of such assign-
ment;and
•ACS/TRC+ TARRANT Doc: 000145924 Date: 08/12/1997 Vol: 0012867 Page: 00134 Page: 1 Of 5
2. the assignment is evidenced in writing;and
3. in said assignment the assignee expressly accepts,assumes,and agrees to perform all terms,conditions and
limitations to be kept and performed by Lessee under this lease;and
4. said writing is executed and acknowledged in recordable form;and
S. said assignment is submitted to the City at the City Manager's office or such other office designated by the
City Manager.
Within 10 days of receipt of the assignment the City shall determine whether the assignment is in compliance with
provisions A-1 through A-S above and notify both parties to said assignment if the assignment does not comply with
those provisions.The City shall acknowledge compliance with the above provisions on the face of said assignment,
and assignment shall then be recorded in the office of the County Clerk of Tarrant County,Texas,at Lessee's ex-
pense.Compliance with the provisions set out above shall relieve the Lessee from further liability under this lease.
B. have the right to inspect the leased premises for compliance with City of Fort Worth Minimum Building Stan-
dards Code City Ordinance No.8006,at the time of any sale or transfer.The City shall notify the purchaser or assignee
in writing of any violations of said ordinance within 10 days of the submission of a proposed assignment to the City.
The purchaser or assignee shall not be issued a certificate of occupancy by the City until the requirements of such or-
dinance have been complied with.
C. shall not convey,sell,or transfer its interest in the leased land without allowing the Lessee the opportunity to ac-
quire the leased land unless the conveyance,sale,ortransfer is to a governmental entity with the power to condemn
the property for the purpose it is acquired.All transfers shall be subject to the competitive bidding laws of the State of
Texas and the ordinances and charter of the City of Fort Worth.
D. provide yearly statements of the rent due hereunder and in such statement specify the number of years remaining
in the term of this lease.
E. have the right to enter upon the above described property at reasonable times and under reasonable cir-
cumstances for the purposes of examining and inspecting the leased land to determine whether Lessee has complied
with his obligations hereunder. This provision shall not be construed to authorize entry into residences or other
buildings on the leased land except where such entry is specifically authorized by the provisions of this lease, the
statutes of the State of Texas,or the ordinances of the City of Fort Worth.
F. warrant that Lessee will have quiet enjoyment and peaceful possession of the leased land,and that the City will
defend the Lessee in such quiet enjoyment and peaceful possession during the term of this lease.
G. The City Manager shall review this lease prior to each fifth anniversary and shall make recommendations to the
City Council regarding extensions.
V.LESSOR'S OPTIONS
The City of Fort Worth may,in the event that Lessee shall give notice to the City that a financial hardship exists in
the payment of rentals due hereunder,the City Manager may waive any portion of that year's rent after consideration
of said hardship. Lessee shall have the right to present his request to the City Council of Fort Worth should the City
Manager deny the request.
Any rents waived as a result of such hardship and remaining unpaid shall constitute a lien against the Lessee's im-
provements and such unpaid rents shall bear interest at the current legal rate.
VI. LESSEE'S OPTIONS
Lessee may:
A. sell,assign, or sublet this lease or remaining term thereof.
B. construct new structures and enlarge existing structures on the leased land provided that such construction is in
accordance with all applicable City Codes and Ordinances.
C. make alterations, remodel,and make improvements to existing structures and the leased land,provided that
such actions shall be in accordance with applicable City Codes and Ordinances.
D. terminate this lease without reimbursement for Lessee's structures and improvements at any time by giving the
City 30 days notice of intention to terminate.
V11.EXPIRATION OF LEASE
A. Upon expiration of the term of this lease the_aty shall_pay_to_the_Lessee.an amount_equal.to.the_then.ma rker._�___.___.
value of any structures or improvements heretofore made or erected on the leased premises,except that payments for
any new structure and enlargements to existing structures made or erected during the final 35 years of the lease term
will be a pro rate amount based on the number of years the structure or improvements are in place or the number of
years remaining on the lease at the time said structure or improvements were made,whichever is greater,times 2.86
percent,never to exceed 10007a of the market value of the new structure and the enlargement to the existing structure. ---
" —`-B. Replacement of all or part of structures destroyed in whole or in part by fire,explosion or act of God are deemed
_structures_or improvements heretofore made or erected on the leased premises.
C.. The City shall pay the Lessee the market value of the structures and improvements as defined above upon
possession.of the property.Acceptance of the amount offered by the City does not forfeit Lessee's right to dispute the
_ .imount.paid,nor shall any acceptance coggtitute:a waiver of any legal remedy Lessee may have to determine market -- -""
value.In the event that a court of competent jurisdiction determines that the amount paid to the Lessee by the City is
in excess of market value of such structures or improvements,the Lessee shall promptly refund such excess to the City.
2.
-ACS/TRC• TARRANT Doc: 000145924 Date: 08/12/1997 Vol: 0012867 Page: 00134 Page: 2 of 5
VM.TERMINATION OF LEASE
A. In the event the Lessee:
1. is in arrears in the payment of the rents,or other amounts agreed to be paid under the terms of this lease;or
2. has failed to perform any obligation under this lease,then the City may give notice to the Lessee of termina-
tion of the lease by default,said notice to specify in detail the defaults upon which the termination would be based.In
said notice the City shall demand that actions be taken within 45 days to cure the default or defaults upon which the
termination is based or the lease shall be terminated.
B. In the event of a default by Lessee,and said Lessee does not take action to cure the default within 45'days of the
notice from the City„the lease may be terminated and the City shall have no duty to reimburse the Lessee for struc-
tures or improvements to the leased land.The Lessee shall have the right to remove said structure,improvements,and
personal property within 90 days from the date of lease termination by default,and shall vacate the leased land at the
end of said 90 days.All such property not removed within 90 days shall become the property of the City.
C. In the event rentals to be paid under the terms of this lease is not paid when due,an additional late penalty of
1.501c per month shall be added to the amount due.
D. Upon termination of this lease or expiration of the term of this lease,Lessee shall be entitled and authorized to
remove from the premises all items of personal property belonging to Lessee not permanently affixed to the realty and
all structures and improvements for which no reimbursement is made under the terms of this lease.
IX.MORTGAGES
A. So long as no default exists under the terms of this lease,the Lessee or any Assignee may mortgage his leasehold
estate and improvements situated thereon to secure a loan or loans of money actually made,or that will be made,or
any extension or renewal of the same.
B. Such mortgage or deed of trust shall be in every respect subject,subservient and subordinate to all the conditions
and covenants of this lease.
C. In the event of a default that could result in the termination of this lease without reimbursement to Lessee for the
improvements and structures on the leased land,the City shall give notice to the mortgagee as is requircd;io 6e given to,
the Lessee,and said mortgagee shall have the right to cure said default and/or perform the terms•.�tnd conditions`cf.
this lease. G.?
D. A mortgagee or trustee under a deed of trust shall have the same right and power to assign this lease,in conjunc-5
tion with a trustee's sale or transfer to satisfy Lessee's obligation to a mortgagee,as does the Lessee under the terms of
this lease.
E. At any time the City is to pay the Lessee for structures or improvements on the leased land,-the City shall give
notice to each mortgagee of that payment, and said mortgagee shall have the right to receive payment,for�•any-
outstanding obligation secured by mortgage or deed of trust on the leasehold and improvements.
F. The City shall be required to give such notice only if the mortgagee has,in writing,informed the City of its in-
terest and has supplied an address for said notice.
X.OWNERSHIP OF IMPROVEMENTS
All structures and improvements situated on the leased land when this lease is entered into are,and shali.c`onfinue to
be,the property_of the.Lessee,and all improvements hereinafter-made by the Lessee on the leased laid_shall;be the -
property of.ihe Lessee,--.__ - — - - ---- -_.--
XI.SUCCESSORS IN INTEREST
A. In the event of the death of a Lessee,his successors and estate shall succeed to his interest under this lease,and
those entitled by law to succeed to the Lessee's interest in the lease shall continue to enjoy the rightsiand benefits
hereunder of the deceased Lessee; `r.;`1�
B. In the event that the Lessee or his Assignee is adjudicated a bankrupt,said lease ma);'\a sssigned-a`provided
above,and any Assignee shall assume the duties and liabilities as set out above. a•3. '�r��
XII.VENUE
Venue of any action brought hereunder shall lie exclusively in Tarrant County,Texas='7�
XIII.NOTICE
A. Any notice required under this lease,unless otherwise specified,shall be given by depositing in the+Uniied States
Mail as certified mail,postage prepaid,addressed to the:
-` --"--i:"SJcssee's or rnssignee's aftne address siiowri on this tease unless saia'i:essee br'-issignee rias furbished to the "'
City,in writing,instructions to mail notices to another address;
2. City Manager of the City of Fort Worth,City Hall,Fort Worth,Texas;
3. Mortgagee at the address supplied to the City in writing for the mailing of such notice.
XIV.CONCLUSION
This instrument represents the entire agreement between the parties concerning the leasing of the leased land and
shall be binding upon and shall be to the benefit of the parties hereto,their successors,assigns,and legal represen-
tatives,and all prior leases,assignments,or agreements of any nature concerning the leased land or property situated
thereon are superseded by the terms of this lease.
C TED t Fort Worth Tarrant County,Texas,this "2 day of
3.
+ACS/TRC• TARRANT DOC: 000145924 Date: 08/12/1997 Vol: 0012867 Page: 00134 Page: 3 Of 5
ATTES�,' CITY OF FORT WORTH
Y
ify e18Ty��
APPROVED//As'TO FORM AND LEGALITY:
� z
_ _�a_ ,,- Q - /�
GSty Attorney Less J. R. N.00re
STATE OF TEXAS § Lillie Moore/ -�
COUNTY OF TARRANT§
BEFORE ME,the undersigned author'[ ,a Notary Public in and for the State of Texas,on this day personally
appeared 2�j ��Y(O � ,known to me to be the person whose name is
subscribed to the foregoing instrument,and acknowledged to me that he executed the same as the act and deed of the
City of Fort Worth,a municipal corporation of Tarrant County Texas,and as
thereof,and for the purposes and consideration therein expressed and in the capacity therein stated.
�n
GIVEN UNDER MY HAND AND SEAL OF OFFICE this X day of
A.D.,198a.ry 0
1 Notary Public in and for
.V
the State of Texas
1v:y C.6o i tnis on_Fx Les.
STATE OF TEXAS §
COUNTY OF TARRANT§
BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texa on this day personally
appeared J. R. Moore and Lillie Moore kno t�to me to be th person whose name is
subscribed to the foregoing instrument,and acknowledged tome that he ex uted the s fo the purposes and con-
sideration therein expressed.
GIVEN ER MY HAND AND SEAL OF OFFICE this ' lyCh d of Ma' h A.D.
198-2
Notary Public in and for
the State of Texas
My Comn,:ssion"cxp`�s:.,floyetnber 30, 19Lt4
_4
CRAIG MATHENY, LAND AGENT- - ---
--_ -- CITY OF FORT WORTH 7. -
_= -- REAL PROPERTY MANAGEMENT'-
927 TAYLOR
FORT WORTH, TEXAS 76102
-ACS/TRC• TARRANT Doc: 000145924 Date: 08/12/1997 Vol: 0012867 Page: 00134 Page: 4 Df 5
D197145924
CITY FW REAL PROPERTY
927 TAYLOR ST
FT WORTH, TX 76102
-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N 0 T D E S T R O Y
I N D E X E D -- T A R R A N T C O U N T Y T E X A S
S U Z A N N E H E N D E R S O N -- COUNTY CLERK
O F F I C I A L R E C E I P T
T O: CITY FW REAL PROPERTY
RECEIPT NO REGISTER RECD--BY PRINTED DATE TIME
197273675 DR93 T008322 08/12/97 09 : 57
INSTRUMENT FEECD INDEXED TIME
1 D197145924 WD 970812 09 : 57 CG
T O T A L DOCUMENTS: 01 F E E S: 15 . 00
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.
*ACS/TRC* TARRANT Doc: 000145924 Date: 08/12/1997 Vol: 0012867 Page: 00134 Page: 5 Of 5
• CITY SECRETARY
CONITRACT No.
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 J.R.and Lillie Moore made and entered into a
50 year Lease Agreement("Lease")on 30 March , 19 82 for property
described as_ Block 27. Lot 28, Lake Worth Lease Survey, aka 9317 Heron Drive ; and
WHEREAS,the Lease has been assigned to Linda Carnes , ("Lessee"),
the current Lessee of 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 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(s) 28&28A ,Block 27 Lake Worth Leases an addition to the City
of Fort Worth Tarrant Coun , Texas as shown on the plat recorded in
Cabinet A ,Slide 7638 Plat Records, Tarrant County, Texas
i 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 thel day of�,2007.
LESSOR
CITY OF FORT WORTIt
contract
I
,
arc A. Ott,A ' an ity Manager
AP.P OVED AST FO AND LEGALITY:
ity Secretary r ssistant City Attorney
Amendment w/Assignment -•_= r::
+ACS/TRC+ TARRANT Doc: 000412117 Date: 11/16/2007 Vol: 0000000 Page: 00000 Page: 1 Of 7
LESSEE
Lin Carnes
STATE OF TEXAS
COUNTY OF TARRANT §
This instrument was acknowledged before me this the day of
2007, by Marc A. Ott, Assistant City Manager for the City of Fort Worth,
a municipal corporation,on behalf of said corporation.
HMIE LANE
MY COMMISSION EXPIRES
July 26,2011 Nota Public State of Texas
ry
i
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me this the day of
2007, by Linda Carnes
.. MELODY J.MOSS `I
MY COMMISSION EXPIRES Notary Public, S to f Texas
Dsoenftr20,2007
,s
STATE OF TEXAS §
i §
COUNTY OF TARRANT §
This instrument was acknowledged before me this the day of
2007, by
Notary Public, State of Texas
Amendment with Transfer
*ACS/TRC• TARRA14T Doc: 000411117 Date: 11/16/2007 Vol: 0000000 Page: 00000 Page: 2 Of 7
EXHIBIT"A"
PLAT OF REVISED LEASED LAND
i
Lot 28&28A ,Block 27 ,Lake Worth Leases,an addition to the City of Fort
Worth,Tarrant County,Texas as shown on plat filed at Cabinet A ,Slide 7638 ,
Plat Records,Tarrant County,Texas
Attached
I
i
i
Amendment with Transfer
+ACS/TRC• TARRANT Doc: 000411117 Date: 11/16/2007 Vol: 0000000 Page: 00000 Page: 3 Of 7
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•ACS/TRC• TARRANT Doc: 000411117 Date: 11/16/2007 Vol: 0000000 Page: 00000 Page: 5 Of 7
Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/16/2003
DATE: Tuesday, December 16, 2003
LOG NAME: 30LEGAL DESCRIP REFERENCE NO.: * L-13727
SUBJECT:
Authorization of the Amendment of the Legal Descriptions of the Lease Lots for the Lake Worth
Lease Survey Properties to Reflect the Legal Description of the Current Plats Filed by the City of
Fort Worth
RECOMMENDATION:
It is recommended that the City Council authorize the amendment of the legal descriptions of the lease lots
for the Lake Worth lease survey properties in Blocks 1-32 to reflect the legal descriptions of the current
plats filed by the City of Fort Worth.
DIKUSSION:
The original Lake Worth lease survey was completed in 1956. Although the Lake Worth lease lots were
surveyed at that time, no plats were recorded. The City is making available for sale currently leased
residential lots that are or will be served by municipal water or sewer service. On February 19, 2002, (M&C
L-13249), the City approved the Option to Purchase and Purchase Agreement, which will transfer eligible
property to private ownership.
In order to sell the property under the Option to Purchase and Purchase Agreement, the City must plat the
residential properties. Platting the leased lots has resulted in changing some of the legal descriptions and
the boundary lines. The leases must be amended to reflect the new legal descriptions as designated on the
plat.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/centers FROM Fund1Account/Centers
Submitted for City Manager's Office bv: Marc Ott(8476)
Originating Department Head: A. Douglas Rademaker(6157)
Additional Information Contact: A. Douglas Rademaker(6157)
http://wxvw.cfwnet.org/counciI_packet/Reports/mc_print.asp 11/12/2007
*ACS/TRC• TARRANT Doc: 000411117 Date: 11/16/2007 Vol: 0000000 Page: 00000 Page: 6 Of 7
r�i �yM
I i
CITY OF FORT WORTH
1 REAL PROPERTY MANAGEMENT
900 MONROE ST#302 .
FT WORTH TX 76102 00.
#� ,p
Submitter: CITY OF FORT WORTH/REAL PROPERTY-001 ZCFM
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 Reg tration: 11/16/2007 1 1:04 AM
Instru nt#: D20741177 PGS $36.00
By:
11IN11111111111111411111111111111 All 11111111 IN
D207411117
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.
Printed by: CA
•ACS/TRC+ TARRANT Doc: 000411117 Date: 11/16/2007 Vol: 0000000 Page: 00000 Page: 7 Of 7