HomeMy WebLinkAboutContract 57574 City Secretary Contract #57574
LEASE AMENDMENT
TO LAKE WORTH RESIDENTIAL LEASE AGREEMENT
This LEASE AMENDMENT TO LAKE WORTH RESIDENTIAL LEASE AGREEMENT
("Amendment") is entered into by and between Bryan Laurence Giles and Suzanne Renae Hunt
("Tenant")and City of Fort Worth, a Texas home rule municipal corporation("Landlord").
WHEREAS on January 28, 1982 Landlord entered into a lease agreement,attached hereto as Exhibit"A,"
(the "Lease") with the original lessee, W.C. Carnes, for property located at 8252 Sandpiper Circle, Fort
Worth,Texas 76108 said property being more particularly described as Lot 1,Block 31,Lake Worth Leases
Survey, Fort Worth, Tarrant County, Texas(the"Leased Premises"); and
WHEREAS the leasehold interest in the Leased Premises was sold to Monty B. Giles through that certain
Warranty Deed filed on June 8, 1982 as Volume 7305,Page 1291 in the Official Real Property Records of
Tarrant County, Texas; and
WHEREAS Monty B. Giles died on December 8, 2021 and willed his interest in the Property to his two
children,Bryan Laurence Giles and Suzanne Renae Hunt; and
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; and
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; and
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
WHEREAS the parties also desire to amend the Lease to restate and clarify the legal description of the
Leased Premises.
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
Premises under the Purchase and Sale Agreement, which shall occur within eighteen (18) months
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. Leizal Description of the Leased Premises. Section I is amended to describe the Leased Premises
as follows:
Lot 1 Block 31,Lake Worth Leases, an Addition to the City of Fort Worth,Tarrant County,Texas,
as shown on the plat filed in Cabinet A, Slide No. 9382,Plat Records,Tarrant County, Texas, said
property also being known as 8252 Sandpiper Circle,Fort Worth, Texas 76108
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 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."
4. 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."
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]
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the day of �a� ,2022,by Bryan
Laurence Giles. - t
DENISE HERROLD
Notary ID#129352537
�. My Commission Expires
March 19, 2025
Notary Public
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the Oday of , 2022, by
Suzanne Renae Hunt.
t►'�Y'VI DENISE HERROLD \
Notary ID#129352537
My Commission Expires
Much 19, 2025 Notary Public
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the 17th day of May , 2022,by Dana
Burghdoff, Assistant City Manager of the City of Fort Worth, a Texas municipal corporation,
on behalf of that entity.
O�PRYPUe/ SELENA ALA
_ n Notary Publicw �
+ + STATE OF TEXAS
N GV Q Notary I.D. 132422528 Selena Ala(May 17,202215:20 CDT)
9�OF�+ My Comm. Exp. Mar.31,2024 Notary Public
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Executed to be effective as of the date this Amendment is executed by the City.
LANDLORD:
CITY OF FORT WORTH,TEXAS,
a Texas municipal corporation
By: bay B�AGcd
y� Dana Burghdoff(Way 17,2nf 14:33 CDT)
Dana Burghdoff, Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
.,141111-1w -411�
Matthew A. Murray
Assistant City Attomey
M&C: L-15964
1295: N/A
ATTEST: dd
0
a�° °opted
ovo o=d
Jannette S.Goodall(May 18,2022 14:07 CDT) A UO oy
o
Jannette S. Goodall °°°°°°°°°°°° a
���nEXp`-�oo4p
City 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.
Nita Shinsky(May 144022 12:57 CDT)
Name of Employee: Nita Shinsky
Title: Land Agent
TENANT: BRYAN LAURENCE GILES SUZANNE RENAE HUNT
4 &Vzo'
BryaA Laurence Giles Su e Renae Hunt
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Exhibit A �
LEASE AGREEMENT
TIRE 6TATE OF TEXAS
UNTY OF TARRAhT
[NOW ALL NCEN BY THESE PRESENTS:
v�JD � ,
I
The City of Fort Worth,Lessor,■6omrrule municipal corporation situated in Tarrant County,Texas,Cnereinatter
sometimes referred to as"City")acting herein by and through its duly authorized
City Manager,and Lessee,hereby male and enter into the following]case agree-
mcnt.
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 rrerformance by Lessee of all of Lessee's duties and obligations in stnct
compliance with the covenants,conditions and agreements herein contained,City hereby demises and loses 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: i
n.TEmm
The term of the lease shall be �' commencing riding
Fe'_rt,ary 1. 2 y
_' Januar-; '_1, 31`3: y
The City may offer five(5)year mensions to the term of the lease on each fifth anniv of c Lesser
1 may refuse such eirtension by giving notice to the City,in waiting,within ' (60) y t r of notice of any
extension. ;-
I
r M. LESSEE'S RIGHTS AND OBLI A ONS
7 Lessee shall:
A. pay annual rent to the City of Fort Worth in the sum said rent payable in 12 equal
installments, one such installment due on the first of eacb mo h.
B. pay the rent due under this lease to the Assessor-Collector es for the City of Fort Worth.or other office
designated by the City.
C. pay rent for each year zfter the fiat yea: an n a. h adjusted by eighty percent(801%)of the
z4 change in the annual average of the Consumer Pt ! d t y erage,"all items"index,all urban consumers
(CPl-U)from the annual average for the pre%ious en y ublishd by the Bureau of Labor Statistics for the
T i United States Department of Labor,said adjust ed by dividing the CPI•L'for the most resent year
by the CPl-U for the immediately,precedin y b cti one(1)from that quouen,. multiplying that result b-,
eight-tenths(0.8), adding one(1)t at pr ct, plying that sum by the rent for the previous year_
f D. be able to use the leased f r id tial water recreational purposes,in compliance with applicable
zoning ordinances.
E. use and occupy th l co leaner with the laws of the United Stases of America, the statutes of
the State of Texas,and th an Or ces of the City of Fort Worth,whether now in effect or hereinafter
adopted so long as any h ina r a p ordinance or charter provision is not adopted solely for the purpose of
limiting the rights of Las s 'I - tuated Lessees.
ses -r purposes
t condition as beine suitable for all puoses of this lease.
F. accept th,-p�715
G. be droned nt tenant in possession of the premises and responsible to all panics for his acts
_ and omissions with -d th o,and the City shall in no way be responsible for any an or omission of the Lessee.
I and defend the City,its officers,agents,and employees,from and against any and
' all rl�;rrs r g ry,includi.g death,to persons or property arising out of or incident to the leasing or the
d f e leased land by Lessee, his guests or invitees.
h harmless and defend City from and against any and all mechanic's and ittaterialrnen's liens or
! any th c or charge imposed upon the leased land or rising as a result of any conduct or acmity by the
��` Lessee r yo on his behalf.
-- ':and=Zinc:_-. zuh2bl_M:thc:-and W"]S far the a,.:,r:sal of tras`,b ;y cad mac... ,-..c.—.
pG wiV tapplicable sanitation laws and ordinances.
' of 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 authoritits-
��' 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 kind premises other than domesticated dogs and cats.
-r IV. LESSOR'S RIGHTS AND OBLIGATIONS
1 The City of Fort Worth shall:
A.approve the We,n•astarnmcnt(hereinafter eollectivdy assignment)of this I arc 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
t
2 the assignment is evidenced in writing; and
3. in said assignment the assigner expressly accepts,assumes.and agree;to perform all terms,conditions and
limitations to be kept and pvrformtd 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 desicnated by the
City Manager.
Within 10 days of receipt of the assignment the City shall determine afiether the assignment is in compliance with
provisions A-1 through A-S above and notify both panics to said assignment if the assignment does nor 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 abuve shall tdieve the Lr.sce from funner Lability 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 assigner
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 cenificate of occupancy by the City until the requirements of such o
dinance have been complied with.
C. shall not convey,sell,or transfer its Lmerest in the leased land without allowing the Lesser-he _--
quire the leased land unless the conveyance,sale,or transfer is to a governmental entity with the power t
the property for the purpose it is acquired.All transfers shall be subjectto the competitive bidding laws I to of
Texas and the ordinances and charier of the City of Fort Worth.
D. provide yearly statements of the rent due hereunder and in such statement specih the number of rs i g
�..� in the term of this lease.
E. have the right to enter upon the above described propeny at reasonable times de e o le r-
fcumstances for the purposes of examining and inspecting the leased land to den h es s co lied
with his obligations hereunder. This provision shall not be construed to au or try i r td ces or other
buildings on the leased land except when cifi such enrr9 is spe :ally authori d ) the^' t io.ns 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 o c e n ,and that the City will
defend the Lessee in such quiet enjoyment and peaceful possessio mg the re of t case.
G. The City Manager shall review this lease prior to each fifth an v ry and shall make recommendations to the
=� City Council regarding extensions.
V. LESSW.S O
_ The City of Fon Wonh may,in the event that Lrss t I e City that a rinarscW hardship exists in
the payment of rentals due hereunder,the Cit%Manager- a.: ai a nion of that year's rent after consideration
a'
of said hardship. Lessee shall have the right to pres tie e City Council of Fort Worth should the City
s' Manager deny the request.
Any-rents waived as a result of su- d r n, g unpaid shall constitute a lien against the Lessee's
im-provements and such unpaid rent, - al nt s c current lcga':arc.
SEE'S OPTIONS
Lessee may:
A. sell,assign,or sub t o wining term thereof.
B. construct new stru u s an c arge existing structures on the leased land provided that such construction is in
accordance with A b y odes and Ordinances.
lMilt f C. make alie. t' S. d make improvements to existing structures and the leased land, provided tha!
such a ns a e in cc ante with applicable City Codes and Ordinances.
D. t tc is se hour reimbursement for Lessee's structures and improvements at any time by giving the
t-I 30 s n is f tention to terminate.
j 1*11. EXPIRATION OF LEASE
A. U ex ation of the term of this lease the City shall pay to the L,!--r dual to the then mark-:
rvalue o - ,ructures or improvements heretofore made or erected on the leased premises,except that payments for
J any new structure and enlargements to existing structures made or erected during the final 35 years of the Norio term
! will be a pro rata amount based on the number of years the structure or impros ements 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:-86
percent,never to exceed 1004t of the market value of the new structure and the enlargement to the tasting structure.
B. Replacement of all or pan of structures destroyed in whole or in pan by fire,explosion or act of God are deemed
e 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 improvem:nts ac defined ahose upon
possession of the progeny.Acceptance of the amount offered be ilia Cin does no:[orfat Lessee's right to dispute the
amount paid,nor shall any acceptance constitute a waiver of arts level record% 1 essrr may has a to determine marl--
_ value.In the event that a court of competent jurisdiction determines that the amount paid to the Lessee by the City is
r in excess of market value of such structures or improvements,the Laser shall promptly refund such excess to the Cny
I
2
t
Vlll.TER41INATION 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 Lesser does not take anion 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
persona_t property withir,90 days from the date of lease urination by default,and shall•atatc the leased land at thv
end of said 90 days. All such progeny 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
1.5%per month shall be added to the amount due.
D. Upon termination of this lease or expiration of the term of this Iease,Lessee shall be entitled and authorized
remove from the premises all items of personal properly belonging to Lessee not permanently affixed to the realty n
all structures and improvements for which no reimbursement is made under the terms of this]ease.
IX.MORTGAGES
A. So long as no default exists under the terms of this lease,the Lessee or any Assignee may ion ea of
I i estate and improvements situated thereon to secure a loan or loans of money actually made,or t v 1 be .ad .or
1 any extension or renewal of the same.
j B. Such mortgage or deed of trust shall be in every respect subject,subsenient and subor ate a itions
and covenants of this lease-
C. In the event of a default that could result in the termination of this lease wit t rei u't.
m,n t Less_ :or the
improvements and structures on the leased land,the City shall give notice to t mo ccis :r to be given to
the Lessee,and said mortgagee shall have the right to cure said default an /o per orm d conditions of
this lease.
D. A mortgagee or trustee under a deed of trust shall have the same right nd ower to s n this lease,in conjunc-
tion with a trustee's We or transfer to satisfy Lessee's obligation to a monga _th Lessee under the terms of
this lease.
E. At any time the City is to pay the Lessee for structures or i r ements on the leased land,the City shall gi.e
notice to each mortgagee of that payment, and said mortgage. _ II ve the nght to receive pa)-ment for any
outstanding obligation secured by mortgage or deed of trust 1 eh and improvements.
e Cii)51,411 uc[cyuitnl w gi.c suet:uuiicc w� if rig in wnting,iniormea[ne any of its in-
terest and has supplied an address for said notice
X,OA\ERSHI R MENTS
®7 All structures and impros ements situated on :e d 1a d w en this lease is entered into are,and shall continue to
be,the Droperi of the Lessee,and pro a ents r n et made by the Lessee on the leased land shall be the
' properly of the Lessee.
S SORS 1\ 1%-iEREST
A_ In the event of the de h ss_ hi cssors and estate shall succeed to his interest under this lease,and
those entitled by lau to suet d t the es 's interest in the lease shall continue to enjoy the rights and benefits
hereunder of the deceased L
B In the event that h: ssignee is adjudicated a bankrupt,said lease may be assigned as provided
above,and any Assig cas In duties and liabilities as set out above.
7
Xll. VENUE
1 Venue of io r t hereunder shall lie exclusively in Tarrant County,Texas.
,4 Xlll. NOTICE
A. y n is a ired under this lease,unless otherwse specified,shall be given by depositing in the L rated S•a:cs
ail as i i d aii,postage prepaid,addressed to the:
1. c s or Assignee's at the address shown on this lease unless said Lessee or Assig-ice has furnished to the
1Y Manager of the Cite 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
XIS'.CONCLUSION
VW
1_I This instrument represents the entire agreement bctw^en the parties concerning the leasing of the leased land and
1 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 concenting the]cased land or property situated
thereon are superseded by the terms of this lease.
' 2XECUTEDat Fon%Vonh,Tarrant County,Texas,this — day si
3.
ATTEST: CITY OF FORT WORTH
CitySecretary
PROViE"� T�OF RM L A
���
!7:
City Attorney Lessee _. _ .z::ca
STATE OF TEXAS 4
COUNTY OF TARRAN'f 5
BEFORE ME,the undersigned au ority,a Notary Public in and for the State of Tex Q_d0f
ail%
appeared C�rrq• "�1!:! - _ ,known to me to me is
subscribed to the foregoing instrument.and acknowledged to me that he executed a he the
City of Fort Worth,a municipal corporation of Tarrant County Texas,and as , I 4 0 ,
thereof,and for the purposes and consideration therein expressed and in t e city t d.
G IVET UNDER MY HAND AND SEAL OF OFFICE this of 4"l
1 A.D..198
_r c
t_ tary Public in and for
O � the State of Texas
My Commissior.Expires: �- r•_
' STATE OF TEXAS § O _"
t COUNTY OF TARRANT§
BEFORE ME,the_nder a uth "ty a Notary Public in and for the State of Texas,on this day personally
appeared C. CE s ,know me be the person whose name is
subscribed to the foreg n tr e d acknowledged to me that he ex red the a for the purposes and con-
sideration therein exp sd.
r r GIVEN DE H AND SEAL OF OFFICE Lthistt* of Ut" A.D.
198 ^
Notary Public in and for�
the State of Texas
My Coiamission Expitzv November 30.
4. ,
1 .
i=r
i OF
FORT WORTrl, 1A•,7G2'J
t
D193200623
SOUTHWEST LAND TITLE CO
/1 1501 SUMMIT
FT WORTH, TX 76102 C)
-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD - 0 N E S T R 0 Y
F I L E D -- T A R R A N T C N T T X A S
S U Z A N N E H E N D E R 0 -- COUNTY CLERK
ar O F F I C I A L R E E P T
�- T 0: SOUTHWES T
of RECEIPT NO REGIS PRINTED DATE TIME
_j 193334911 DR91 0 4 09/16/93 10:39
' INSTR F E D FILED TIME
1 D193 930916 10:39 CG
T 0 T C ENTS: 01 F E E S: 15.00
11
u
1-1
dal
Y 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.
JI
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