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HomeMy WebLinkAboutContract 40104r� STATE OF TEXAS § COUNTY OF TARRANT § Know A11 Persons by These Presents: ASSIGNMENT OF LEASE AND OPTION AGREEMENT WHEREAS, on the 17`h day of January, 1982, the City of Fort Worth ("LESSOR"), acting by and through its duly authorized Assistant City Manager, entered into a certain lease agreement (the "Lease") with Peter Joseph Carter and Joan W. Carter, whereby LESSOR leased for a period of 50 years, 0 months, commencing on the I" day of February, 1982, and ending on January 31, 2032, with a current rental rate of 1 506.91, subject to the adjustments set forth in the Lease, the following described property: Lots) 7, Block 6, Lake Worth Lease Survey, Tarrant CountyTexas, and otherwise known as 8208 Woodvale Road (the "Leased Land"). , WHEREAS, the Lease was assigned on June 9, 2005 to Peter Joseph Carter as his separate V VeLlYs and then further assigned by Peter Joseph Carter to the Peter Joseph Carter Trust Virginia Carter Trustee WHEREAS, the Lease was amended in City Secretary Contract Number 32253 to correctly identify the Leased Land as Lot 7, Block 6, Lake Worth Lease to the City of Fort Worth, Tarrant County, Texas, as shown on the plat recorded in Cabinet A, Slide 6140, Plat Records, Tarrant County, Texas; and WHEREAS, a copy of the Lease is attached hereto as Exhibit A and incorporated herein by reference as iI set forth in full; and WHEREAS, on August 12, 2005 LESSOR and the Peter Joseph Carter Trust Virginia Carter Trustee entered into an Option Agreement ("Option Agreement") City Secretary Contract Number 32254 to sell the Property covered under the Lease to the Peter Joseph Carter Trust Virginia Carter Trustee; and WHERAS, the Lease and Option Agreement were assigned on A o`�� 2010 to Vir inia hereafter referred to as current Lessee and Option Holder. WHEREAS, the current LESSEE and Option Holder under the Lease and Option Agreement (X) ASSIGNOR, desire to assign the Lease and the Option Agreement to (xx)S Virginia Anne Carter, ASSIGNEE. NOW THEREFORE, LESSOR does hereby consent to the assignment of the Lease and Option Agreement from ASSIGNOR to ASSIGNEE. As consideration for the assignment of the Lease and Option Agreement ASSIGNEE hereby expressly accept and assume all obligations and liabilities of ASSIGNOR under the terms of the Lease and Option Agreement and agree to be bound by all the terms, provisions and covenants therein. Rev. 02/ OSLG 1 Specifically, ASSIGNEE is aware, and acknowledges receipt of Notice from LESSOR, that the ASSIGNOR is in violation under the terms of the Lease with regard to: Further, ASSIGNEE is aware that ASSIGNEE 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 acknowledges 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 ASSIGNOR in connection with their obligations or liabilities under the terms of the Lease. ASSIGNEE acknowledges that it has read the Lease and the Option Agreement and understands the terms, conditions, obligations and requirements ASSIGNEE shall have under each agreement. LESSOR'S consent to the assignment of the Lease and Option Agreement 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 is not current on any and all obligations owed to LESSOR under the terms of the Lease, this Assignment is null and void and of no force and effect. ASSIGNEE shall pay to LESSOR an assignment fee of One Hundred Twenty Five Dollars ($125.00) to defer the administrative fees associated with this assignment. IN WI ESS WHEREOF, the parties hereto have executed this Agreement on the � �S� day of 20�j_. APPROVED AS TO FORM AND LEGALITY LESSOR: The City of Fort Worth Assistant t;ity Manager f��i✓� ��1P8t� i ASSIGNEE: Peter Joaeph�Carter Trust, � �' J ' � Virgini Anne C Virginia Anne Carter, Trustee "C- (Add� ICI�I� RECORD ddre (Ak,�, ` oS — S �s ress a SECRETARY (Phone No.) (Phone No.) WOUTH TX Rev. 02/ 08LG 2 X).- James Tav] (Address) (Phone No.) ASSIGNOR: Troy Lee Carter (Address) (Phone No.) ASSIGNOR: Catlxei•ine Caa•ter Schmidt (Address) (Phone No.) ASSIGNOR: David Edward Jones (Address) (Phone No RETURN RECORDED DOCUMENT TO: City of Fort Worth Housing and Economic Development Real Property Management 1000 Throckmorton Street Fort Worth, Texas 76102-6302 Rev. 02/OSLG 3 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared (X) Vindiva Anne .Carter , 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 . 20 . Notary Public STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared (X) Jarites Taylor Carter , 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 , 20 A D . STATE OF TEXAS § COUNTY OF TARRANT § AND SEAL OF OFFICE this NN%r�i��� • OCR O 091 STATE '•: yG�' OF TENNESSEE , Notary Public `" �"'�• BEFORE ME, the undersigned authority, personally appeared (X) Trov L,ee Carter, known to me to be the persons) whose names) 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 OFFICIAL RED CITY SEGRE�A�i` FT. WORTH, TX MY HAND AND 20 SEAL OF OFFICE this Notary Public day of ASSIGNO (X) 1 ZAI II A — Troy Lei Carter (Address) (Phone No.) STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared (xx) Troy Lee Carter, known to me to be the person(s) whose names) 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. 4/) 1!J f GIUNDER MY ND AND SEAL OF OFFICE this I V N day of 920 11"f If ' RACHAEL HAMSHO „q.1 P 1 V vs Notary Public, State of Texas 40 My Commission Expires "at lf li+ February 04, 2014 FlijkO N tary Public • � - RETURN RECORDED DOCUMENT TO: - OEF1C$AL::�EC{)Rp .City of Fort Worth: _ . ; Housing and Economic Development QTY SECRETARY Real Property. Management FT DRTtj; 1000 Throckmorton Street Fort Worth, Texas 76102=6302 Rev. 02/08LG 3 _ , ASS Catherine Carter Schmidt STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared (xx) Catherine Carter Schmidt, known to me to be the persons) whose names) 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 C> day of `;..1 Notary Public . - ". - RETURN RECORDED DOCUMENT TO: r ' OFFICIAL RECORDCity of Fort Worth CITY SECRETARYHousing and Economic Development Real Property Management 11'$'.T 1000 Throclorton Street - Fort Worth; Texas 76102-6302 Rev. 02/08LG 3 k - (X) James Taylor Carter (Address) (Phone No.) ASSIGNOR: (X) Troy Lee Carter (Address) (Phone No.) ASSIGNOR: M Catherine Carter Schmidt (Address) (Phone No.) ASSIGNOR: MX) I e David Edward Jones L L 12345 Lamplight Village Avenue Apartment # 818 (Address) 512491-0578 (Phone No.) OFFICI�'�� RF�OR® CITY SECRETARY FT. WORTH, TX 11 RETURN RECORDED DOCUMENT TO: City of Fort Worth Housing and Economic Development Real Property Management 1000 Throckmorton Street Fort Worth, Texas 76102=6302 Rev. 02/ 08LG STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, personally appeared (X) Catherine Carter Schmidt, 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 Notary Public STATE OF TEXAS � COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared (X) David Edward Tones, 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 o� �` day of 20 V . RACHAELHAMSHO Notary Public, State of Texas My Commission Expires February 04, 2014 Public (City of Fort Worth Use Only) STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared Fernando Costa, 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 day of OFFICIAL RECORD STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared (X) Virginia Anne Carter, trustee of the Peter Joseph Carter Trust 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. GNEN , DER MY HAND AND SEAL OF OFFICE this 20\O oirNEr.. eeoeu i rvv c It STATE OF TEXAS § COUNTY OF TARRANT § of BEFORE ME, the undersigned authority, personally appeared (xx) Vireinia Anne Carter 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. GNEN DER MY HAND AND. SEAL OF OFFICE this l�� day of 20 C� SARAHJ.ODLE MY COMMISSION EXPIRES November 5, 2011 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared (xx) James Tavlor Carter known to me to be the persons) whose names) 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 CITY SE(;O �F.TARY F T, WORTH, TIC 20 MY HAND AND SEAL OF OFFICE this Notary Public Aay of Rev. 02/08LG 4