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HomeMy WebLinkAboutContract 40103STATE OF TEXAS § COUNTY OF TARRANT § Know All Persons by These Presents: ASSIGNMENT OF LEASE AND OPTION AGREEMENT WHEREAS, on the 17day 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 County, Texas, 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 property, and then further assigned by Peter Joseph Carter to the Peter Joseph Carter Trust Virginia Anne Carter Trustee, hereafter referred to as current LESSEE. 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 if 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 Anne Carter Trustee ("Option Holder"); and WHEREAS, the current LESSEE and Option Holder under the Lease and Option Agreement (X) the Peter Joseph Carter Trust, Virginia Anne Carter Trustee, ASSIGNOR, desire to assign the Lease and the Option Agreement to (xx) Virginia Anne Carter, James Taylor Carter Troy Lee Carter Catherine Carter Schmidt and David Edward Jones, 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. �lTY SF CPETARY P ;.p_C Tar Rev. 02/ 08LG 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: N/A 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. d understands the terms ASSIGNEE acknowledges that it has read the Lease and the Option Agreement an, conditions, obligations and requirements ASSIGNEE shall have under each agreement. ith the understanding that all LESSOR'S consent to the assignment of the Lease and Option Agreement is given w 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 ` , 20� _. have executed this Agreement on the �5+ day of APPROVED AS TO FORM AND LESSOR: The City of Fort Worth LEGALITY Attested byo Peter jos�'epli �:arter -trust, Virginia Anne Carter, Trustee (Address) (Phone No Assistant City Manager (Address) one No.) OFFiClAL RECORD CITY SECRETARY Rev. 02/ 08LG 2 FT. WORTH, TX James Taylor Carter (Address 1 (Phone No.) Ae 00oo Troy Lee Carter (Address) (Phone No.) Catherine Carter Schmidt (Address) (Phone No.j David Edward Jones (Address) one No.} RETURN RECORDED DOCiT1VIENT TO: City of Fort Worth Housing and Economic Development Real Property Management 1000 Throckmorton Street Fort Worth, Texas 76102-6302 `.ECDRD FT. VVWTH.. TX Rev. 02/ 08LG 3 (Xl James Taylor Carter (Address) one No.) I:�.Y.YCe1�[�I7a Troy Lee Carter (Address) (Phone No.) ASSIGD�OR:; / � (X) C/" rL ,`Q eL�>� Catherine Carter Schmidt (Address) (Phone No.) ASSIGNOR: David Edward Jones (Address) (Phone No CITY SECRETARY �r WORTH, Tit RETURN RECORDED DOCUMENT TO: City of Fort Worth Housing and Economic Development Real Property Management 1000 Throckmorton Street Fort Worth, Texas 761024302 Rev. 02/ 08LG 3 OFFIClA� RECORD -CITY SECRETARY James Taylor Carter (Address) (Phone No.) Troy Lee Carter (Address) (Phone No.) (xx) Catherine Carter Schmidt (Address) (Phone No.) lie David Edward ones 12345 Lamplight Village Avenue Apartment # 818 Austin, TX 78753 (Address) 512491-0578 one 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. 02/0�3LrFT WOR7F•!., TX 3 James (Phone No. STATE OF TEXAS § COUNTY OF TARRANT § uY�)1 LetsT ur- reW5 road S1 olv, �/ / 3113Z) BEFORE ME, the undersigned authority, personally appeared (xx) James 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 AND SEAL OF OFFICE this day of , 20 Rev. 02/ 08LG OFFICifi�� RECORD CITY SECRETARY FT. IN�'IFTH T uwiur�,, 'ATE ••'•:qG�� OF ".,dESSEE NOTARY PiJ$LI,C ,1FHII114%%% \ 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 3 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. GIVEN- QJUNDER MY HAND AND SEAL OF OFFICE this 4� day of 20. BRNDA G, AIURRAY NotaryF.Public, Stage of Texas My Gott MIss1w Expires May 22, 2011 Notary Public STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared (xx) Vir inia 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. DER MY HAND AND SEAL OF OFFICE thisy� day of GIVEN rxc, LjN , 20 l3RENDA C. HURRAY Notary Public, State of Texas My Commission Expires May 22, 2011 COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared (xx) James Taylor Carter , known to me to be Lite persons) whose names) islare 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 OFFICIAL �gCORD CITY ��'��FTAI2Y FT `v� k*.rH, TX AND SEAL OF Notary Public OFFICE this day of Rev. 02/08LG 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 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. UNDER MY HAND AND SEAL OF OFFICE this 5 day 20 . �� RACHAEL HAM5H0 Notary Public, State of Texas My Commission Expires February 04, 2014 y STATE OF TEXAS § COUNTY OF TARRANT § of BEFORE ME, the undersigned authority, personally appeared (xx) 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 (xx) David Edward Tones,. known to me to be the persons) whose names) is/are subscribed to the foregoing Agreement, and wha 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 CITY SECRETARY FT. WORfiM, TX Notary Public (City of Fort Worth Use Only) Rev. 02/08LG 5 day of i 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 BONNIE K. NEWTON r�uiAc�v �u�u� IrsTellopw STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared (X) David Edward Jones, 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 Notary 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. Q NEN UNDER MY HAND AND SEAL OF OFFICE this � day of "�Y ""a"'� EVONIA DANIELS '�•' '*` MY COMMISSION EXPIRES July 10, 2013 otary Public OFFICI�'aL RECORD T. Rev. 02/ 08LG 5 ORTHs i)C STATE OF TEXAS � COUNTY OF TARRANT � BEFORE ME, the undersigned authority, personally appeared (X) 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 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 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. GIV�F�,,N�v UNDER MY I�ND AND SEAL OF OFFICE this ��� day of G1, �Gn , 20 (�V . RACHAEL HAMSHO Notary Public, State of Texas My Commission Expires February 04, 2014 Notary 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, ahome-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 L , 20 (C� _;��''"A Y�:_ EVONIA DANIELS �`���`` MY COMMISSION EXPIRES ' �rF � iE+:= July 10, 2013 Rev. 02/ 08LG