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HomeMy WebLinkAboutContract 55883 i City Secretary Contract# 55883 FIRST AMENDM NT TO LEASE AGREEMENT f THE STATE OF TEXAS § COUNTY OF TEXAS I This FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment") is entered into by and between Kevin and Rebecca James (collectively,the"Lessee") and the City of Fort Worth, a i Texas home rule municipal corporation("Lessor"). WHEREAS Lessor entered into a Lease Agreement(the"Lease")commencing on March 1, 1988 with the original lessee under the Lease Agreement, Robert Joe Hill, for the following property. Lot 4 Block 15 Lake Worth Lease Survey,Fort Worth Tarrant County,TX also known as 7365 Love Circle Fort Worth,TX 76135 (the"Leased Premises"); and I' WHEREAS said Lease is attached hereto as Exhibit "A" and includes a fifty year term ending on January 31,2032; and l WHEREAS the Leased Premises has been re-platted and it is necessary to amend the Lease to correctly identify the Leased Premises and include the legal description as shown on the updated plat; and WHEREAS the Lease has been assigned to Kevin and Rebecca James; and WHEREAS, pursuant to Section 272.001(h) of the Local Government Cade, Lessor is authorized to sell the Leased Premises to the person leasing the Leased Premises for the fair market value of the Leased Premises as determined by a certified appraisal; and WHEREAS Lessor and Lessee desire to effect a sale of the Leased Premises from Lessor j to Lessee under Section 272.001(h)of the Local Government Code for the fair market value of the Leased Premises, and,contemporaneously with this Amendment, Lessor and Lessee are entering into a Purchase and Sale Agreement for the purchase of the Leased Premises by Lessee within eighteen(18)months of the execution of the Purchase and Sale Agreement; and WHEREAS the existing Lease does not include terns necessary for the disposition of the Leased Premises in the event of a sale or terms related to the termination of the Lease in the event OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX of a failure to purchase the Leased Premises under a Purchase and Sale Agreement and Lessor and Lessee desire to amend the Lease to provide for such terms. NOW THEREFORE, in consideration of the mutual agreements herein and other good f and valuable consideration, the parties agree as follows: 1. Leased Premises. Section I of the Lease is amended to describe the Leased Premises as follows: Lot 4,Block 15,Lake Worth Leases,an Addition to the City of Fort Worth,Tarrant County, Texas, as shown on the plat recorded as Cabinet A, Slide 9384, Plat Records, Tarrant County,Texas (document number D204206497)attached hereto as Exhibit"B." i 2. Term. The term of the Lease is hereby amended to end upon the closing of the sale of the Leased Premises under the Purchase and Sale Agreement, which shall occur within eighteen (18) months after the execution of the Purchase and Sale Agreement ("Closing I Deadline"). If the closing of the sale of the Leased Premises has not occurred by the Closing Deadline, the Lease shall expire on the Closing Deadline. I I 3. 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 Lessor i and must remain on the Leased Premises and become Lessor's property when the Lease terminates. B. Before the Lease terminates, Lessee shall remove all personal property, furniture, machinery, or equipment in, under, or on the Leased Premises. Before the Lease terminates, Lessee must repair any damage to any buildings or improvements on I the Leased Premises resulting from the removal. Any such items not removed by the lease termination date will become Lessor's property on that date." I -- I i i i 4. _Ownership of Improvements. Section X OWNERSHIP OF MROVEMENTS 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, Lessee 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 Lessor without further payment by Lessor to Lessee for the improvements, and Lessee shall not have any right to enter upon the Leased Premises." I 5. 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.. [signature page follows] i f I I� I 4 i I 1 I Executed to be effective as of June 9,2021. LESSOR: LESSEE CITY OF FORT WORTH,TEXAS, a Texas municipal corporation I By: Dana BurghdoH(fun 15,202111:36 CDT) An Dana Burghdoff,Assistant City Manager evil James APPROVED AS TO FORM AND t"?101mt'a9� LEGALITY: R becca James .A4Zw i Assistant City Attorney � FO on L-15964 °°°°ra °1295:N/A - am�O0� ° �a i ATTEST: 0,0 0 °_� I 0 M41 l/ ����rEX ASa�p � City Secretary �nna�4 City of Fort Worth Contract Compliance Manager: � I By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, i including ensuring all performance and reporting requirements. ' I Name of Employee:Nita Shinsky Title: Land Agent 1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the 15th day of June ,2021,by Dana Bur&doff,Assistant City Manager of the City of Fort Worth,a Texas municipal corporation, on behalf of the City of Fort Worth. o�PRYPv�� SELENA ALA Notary Public r Notary Public * * STATE OF TEXASw � u59 ///���VVV Notary I.D. 132422528 Selena Ala(ion 15,202111.43 LDT) oF� My Comm.Exp. Mar.31, 2024 i i I i STATE OF TEXAS § COUNTY OF TARRANT § I I This instrument was acknowledged before this the day of 2021,by Kevin James, j l Notii� ublic, State of Texas U,DHARMENDRA P.JANI Notary ID#131992628 My Commission Expires 041N/2023 STATE OF TEXAS § I j COUNTY OF TARRANT § This instrument was acknowledged before this the,_1_day of 2021,by Rebecca James. j 11:6-"Eai�yPublic, State of Texas < `YP DHARMENDRA P.JANI OFFICIAL RECORD Notary ID#131992628 4 Fs "MyC6mmisslonExpires 04/29/2023 CITY SECRETARY FT. WORTH, TX i �y ovrt ► ,wvo. ��HI}gjl�� r TEASE AGREEMENT f �. ESTATEIOFTEXAS KNOW'AL'L'MEN BY-THESE-PRESENTS: COUNT*OF TARRANT �o 9 DH Il I The Clt;o;•Fa•t'Aurth, a PC-Inc-rule mt.tnaph,rni paratioa siuialed in Tartan:Cuunt;I'is duly laulho teed somct!mes rrzf rred to as"City")a.ling ntru�i by artd thtnugh•_Ddv��CI-I W city Manager,and�p1jAe Hill -- Lessee,hereby make and enter into the following lease agree- i meal. n a000 osaeat . 0 rb'ait3ike 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 its strict compliance with the covenants,conditions and agreements herein contained,by hereby demises and losses to Lessee, and Lessee hereby accepts from City,the following desciibed real property for the term and uses and subject to the III conditions set forth herein: Lot 4, Blk 15, Lake Worth Lease SurV@y, Tort Worth, Tarrant County, Texas A KA i 1t,TERM u,,Ct, t t ogg and ending The term of the Itme shall be 4LX4U'mo_years commencing The Cfty 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 wriiln I within sixty(tom days after receipt of notice of any extension. IH.LESSEE'S RIGHTS AND oBLiGATi&S i Lessee shall: A. pay annual rent to the City of Fort Worth in the sum of$ 50.00 ,said rent payable in 12 equal installments,one such Installment due on the first of-each month. D. 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(so%)of the change in the annual average of the COnst4icr•PriCe index U.S.City Average,"ail items"Index,all urban consumers (CPI-U)from the annual average for the previous calendar yeer,as published by the Bureau of Labor Statistics for the i United States Department Of Labor,said adjustment to be computed by dividing the CP[-U for the most recent year i by the CPI=U For the immediately preceding year,subtracting one(1)from that quotient,multiplying that result by, eighi-tenths(0.8),adding one(1)to that product,and multiplying that sum by the rent for the previous year. D. be able to use the leased land for residential and water recreational purposes,.in compliance with applicable zoning ordinances. ], use and occupy the leased land,in Compliance with the laws of the United States of America;the statutes of the Slate of•Texas,and the Charter and Ordinances of the Cily of Fort Worth,whether now in effect or hereinafter adopted so long as any hereinafter adopted ordinance or chatter provision Is not adopted solely for the purpose of I limiting the rights of•Lessee and similarly situated Lessees, F. accept the premises in their present condition as being suitable for ail purposes of this lease. G. be deemed to be an independent tenant in possession of the premises and responsible to all parries 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. l H, indemnify,hold harmless and defend the City,its officers,agents,and employees,from and against any and I all claims for damages or injury,including death,to persons or properly arlsing 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 mechanics and materialmen's liens or 1 arty other Lien,claim or charge impnsed upop the,lea,ed land or rising as a result of-any conduct-of activity"oy the Lessee or anyone on his behalf. i J._ provide and maintain suitable methods and means for the disposal of trash,)wdy,waste,and excrete,in wm• , piiaitce 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. I L. not commit;or allow to be committed;any waste on the premises,nor create or allow any nuisance to exist on the premises. f M: not+keep or permit any animals on the leased premises other than domesticated'dogs and cats. tIV.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 a that: ].all amounts owed to the City hereunder and City ad valorem taxes are paid current to the date of such assign- ment;and ; 09243 0068 i i i 2, the assignment is evidenced In-writing;and 3, in said assignment the"ll$"e expressly accepts,assumes,and agrees to perform all terms;conditions and I[rititat•ot.3 It,hD kept in,.pufermt!l ky Ler4ez I,Wei this ters_;an- a: said*rlting9s:.xec0ted a,id aci rwwiettged in recardiibk�G,rm;-Od S, said assignment is subridtit 110 tM City at the City Massa&:rPs off ce ut au.h other office designated by the City Manager.Within 10 days of Neelpt o shall determine whether the assignment Is in compliance with ,the assignment the Cl.y provisions A-1 through A 5 above and notify both-parties to said assignment if the assignment does not comply with ledge comp the the aliove provisions on the face of said assignment, those provisions.The t itysbail acknow the office of the County Clerk of Tarrant County,rrexas,at•Lessee's ex- and assignment shall then'be recorded In pense.Compliance with the-provisions set out above shall relleve the Lessee from further-liability under this lease. B. have the right to inspe6t the leased premises for compliance with City of Fort Worth Minimum Building Slin- lards Codepty Ordinance No.11 Kat the time of any sale or transfer.The City shell notify the purchaser or assignee i 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- j dinance•have been complied with. C.shall not convey,sell,or transfer Its interest In the leased land without allowing the Lessee the opportunity. ac- 1 to sale,or transfer is to a governmental entity with the power to condemn quire the leased land unless the conveyance; the property for the purpose It is acquired.All transfers shall be cribject to the competitive bidding laws of the State of Tom—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 ofyears remaining in the term of this lease. + E. have the righbto 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, ith 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 specificallyauthorized•by.the provisions of this-lease,the i statutes of,the State of Texas,or the ordinances of lie City of+Fort Vrortli. I P warrant that,Lessee will have quiet enjoyment aAd.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 leases G:The City Manager shall review this lease prior to each fifth anniversary and shall make recommendations to the CityCouncit regarding•extenslons. " I V.LLSSOR'S OPTIONS :The city of Fort.Worth may,in the event that 1:essee shall give notice to the City that it financial hardship exists In I 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 I essee's im- provements and such unpaid rents shall bear lateral at the current legal rate. .VI,LESSEWS OPTIONS Lessee may: A. sell,assign,or:sublet this lease or-remaining terns thereof. I ction is in B: construct new structures and enlarge existing structures on the leased land provided that such constru accordance with all applicable G9ty.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 Ctty.Codes and Ordinances. i` D. terminate this lease without reimbursement for-Lessee's structures and improvements at any time by giving the City 36 da3's notice of Intention to terminate, VR.EXPIRATION OF+LE.ASE I A. Upon expiration of the term of this lease the City-shall pay to thd-Lessee an amount equal to the then market 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 fins 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 1100%of the market value of the new structure and the enlargement to the existing structure. I B. Replacement of all or part of structures destroyed in whole or in pan by fire,explosion or act of God are deemed structures or improvements heretofore made or erected on the leased premises. { C: dispute The Cityshall pay thetl essee the market-value of the structgres•and Improvemenu as defined above-upon th j¢ possession of the property.Acceptance of the amount of by the City does not forfeit lessee's right fo ddispute the amount paid,nor shall any acceptance constitute a waiver of any legal remedy Lessee may have to determine market � value.in the event that a court of competent jurisdiction determines the the amount paid to the Lessee by the City is i In excess of market value Of such structures or Improverinents,the Lessee shall promptly refund such excess to the City. Y 2. 09243 006.9 l i I i ' (i l VM.TERMINATION'OPLEASE e A: In the event the Lessee. •' 1: is In arrears In the payment of the nnts,or other amounts agreed;to be ptdd'under the;4e'Yms of this lease;or 1. has Failed to perform any Of th on under•thls lease,then the City mWliive notic etlp the Lessee of termina- i lion of the lease by default,said notice to specify in delall the defaults upon which idle krtnli►defyflon would bdbaseh in said notice the City shall demand that actions be taken within 4S days to curd the default or defaults upon which the t termination is based or. he lease shall be terminated; t H. In the event or at default by.Lessee,end said Lessee does not take actlon to curt the defaui4within 45 days of the notice Pram the City;the lease maybe terminated and the City shall have no duty to reimburse the Lessee for strut- tunes 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 go days.AU such property not removed within 90 days shall,become the property of the tatty. C. [n the event rentals to 6e paid under the terms of this lase is not paid when due,an additional late penalty of l.S�lo per month shall be added to the amount due. D. Upon termination of ibis lease onexpiration of thetetm 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 end all structures•and Improvements-for which no icimbursement is made under the terms of this lease. IX:'MORTGAGFS I A. so long as no default exists under the terms of this lease,the Lessee or-any Assignee may mrtgage his leasehold o estate and improvements situated thereon to secure a loan o*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 bean every respect subject,subservient and subordinate to all the conditions i 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 i t improvements and structures on the leased land;the city shall give notice to the mortgagee as is required to be given to = thewLessee,and said ritongagee shall•have the right to cure said default and/or perform the terms and conditions of this lease. D: A mortgagee or trustee under a deed of trust shall have the seine right and power to assign this lease,in conjurlc Lion with a trustee's sale or transfer to satisfy Lessee's obligation to a mortgagee;as does the Lessee under the terms'a 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. i F. The City shall be required to give such notice only If the mortgagee has;in writing,informed the,Citypf 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 shall continue to be;the property of the!Lessee,-and all improvements heicinafter made by.the Lessee on the leased land shall be the ! j property of the Lessee. XI.sUGCFSSORS'1N INTEREST !� A: in the event of the death of a Isessee,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•rights and^benefits hereunder of the deceased Lessee; B. in the event that the Lessee or his Assignee is adjudicated a bankrupt;said lease maybe assigned as provided' above,and any Assignee shall assume the duties and liabilities as set out above. � � I X11.VENUE shalt He exclusively in Xiarrant•County,Texas. Venue of any action brought hereunder M.NOTICE - L r ;.A,••i�tny notice required under this lease;unless otherwise specified;shall be given by depositing in the United States t lylaU as&MI•�ird ritail,;posiset prepaid,sii&essea to thd:,• t I.�I: eie's or Assignee's at the address shown oil this lease unless said Lessee or Assignee has furnished to the Glty;in writing,Instructions to mail notices to another-address; ?..City,Manager of the City of Fort Worth,,City Hall,Fort-Worth,Texas; it1Y;n 4M4n4i1 ee wt the address supplied to the City in.Writing for the malUng of such notice. XiiV-.CONCLUSION I This instrument represents the entire agreement between the parties concerning the leasing of the leased land an i shall be binding upon and shall be to the benefit of lire*fles hereto;�their•successors,assigns,and legal represen- tatives,and sU prior leases,assignments;or agreements of any nature concerning the leased land or-property situated i thereon are superseded by the term:of this lease. X G�IiTEBatForiWo MwTttrrantGounlv.Tl7ae this 1st!. day of 5h.property covered by this lease will be used as the-lateral-field for the septic tank located on tt 5, Blk. 1co Lake Worth.Leases. Any assignment'of thj,.,lease shall be concurrent with the assign' ant of said Lot 5, Blk. 15, Lake Worth Leases Whicfi;ti.a1so leased by the City of For".t Worth; and either lease shall be assigned separately. 3 09243 0030 i I I I s ,F RT WORTH By ; lCitl%S,p tair / r+ pROVBD,AS TOT 6`1iA AN '°EGALIT%Y: ` y Atiotiney Lessee Robert Joe i 11 STATE-OF-TEXAS § CoUNW. ,OF TAQRAN'R§ BEFORE ME the undersigned authority,a•Notary Public in and for the State of•Texas,on this day personally ��,PP David Ivory —itnown to ma to be the person whose name is subscribed to the foregoing instrument,and"acknowledged to the 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 Asst. City Manager. thereof;and for the purposes and consideration therein expressed and in the capacity-therein stated. GIVV UNDER MY• HAND AND-SEAL OF OFFICE this " day of* ' Ago" i Ii N nary.P.ublic in and'for the State ofMexas ilY,. ommilsion' xpiresi''�"-q C fit Nl:y;�3 r i'W:ANT§ i BEFORE ME,the undersigned authority,a•Notary.Public In and for the State of Texas,on this day personally appeared Robert Joe Hill ;known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same for the purposes and con- sideration therein expressed. GIVEN,UNDER MY HAND AND-SEAL,OF OFFICE this 13AA' day of , A-D. 198Z r� ��' `1 i ' Notary P.ubIIc in and f err the'State of,Texas i kx irti§/4--Zan• i �►�n% .I :- --- PROV16ONS CONTAINED IN ANY.D000MENT WHICN+ DESO 6ED 7HE SALE;RENTALT OR USE AF•THE REAL PROPERTY , I THEREIN BECAUSE OF RACE OR COLOR AHE INVALID'UNDER z ,ate N� ` FEDERAL LAW AND ARE UNENFORCEAOLE, J CO "' � ANY PROVISION-HEREIN WHICN RESTRICTS-THE SALE, RENTAL~ .OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF,COLOR OR RACE IS INVALID AND UNENFORCEABLE,UNOER FEDERAL Q. t~?., N" o '` a S 09243 0071 i i � I i Exhibit`B" Plat of the Leased Premises Lot 4,Block 15,Lake Worth Leases Situated in the City of Fort Worth,Tarrant County, Texas as shown on plat filed at Cabinet ,Slide 3984,Plat Records,Tarrant County,Texas I Attached I I I a I i I I i I I i _ � N ­j I .7E k Ilu11 W Y. y�i , �Ap i r�r�• r ��nr r�� �rrr� �� _ . WI i1ti�ii�r�i� ! IR 1 - �C�r�der�irr� }. 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