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HomeMy WebLinkAboutContract 58560 Nov_30.2022 02:55 PM hhac 18774472839 n7751 P 2 CSC No. 58560 MONTH TO MONTH LEASE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE ESTATE OF JOHN LOUIS MERRILL Basic Information Date:November 17,2022 Landlord:The City of Fort Worth,a home rule municipal corporation of the State of Texas Landlord's Address:200 Texas Street,Fort Worth,Texas 76102 Tenant:The Estate of John Louis Merrill Tenant's Address: 1131 Usher Street,Benbrook,Texas 76126 Premises: A portion of approximately 21.45 acres of land being situated in the J. M. Muhlinghaus Survey, Abstract It 57,the D.Muhliughaus Survey,Abstract 1082,and the McKinney&Williams Survey, Abstract 1119,in Tarrant County,Texas,known as Tracts 1B, 1C,2B,2C,and 2D and also known 4610&4700 Highway 1187 Crowley,TX 76036 (as identified by the Tarrant Appraisal District Account Numbers 04056477, 04070593, 04056485, 06250548, 04061632 and 04070607) and being the same tract of land as conveyed by Special Warranty Deed filed on January 29,2019 and recorded as Instrument No.D219016908 in the Official Real Property Records of Tarrant County, Texas, being more specifically limited to the fenced parcel containing the house and the road access to the house. Monthly Rent:Five Hundred Dollars and 001100($500,00) Term: Month-to-month;this Lease will automatically renew for successive thirty(30)day periods on the first(1st) day of each month unless terminated by either party. In order to terminate this Lease, a party must provide the other party with written notice of its intent to terminate not less than thirty(30) days prior to the effective date of such termination("Termination Date"). Commencement Date:November 14,2022 Security Deposit:None Permitted Use:Private residence Occupants(other than Tenant):None Utilities to Be Provided by Landlord:None OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Nov_30.2022 02:55 PM hhac 18774472839 #7751 P 3 A. Definitions A.1. "A.gent''means agents, employees, officers, directors,members and partners of the principal, and,to the extent under the control of the principal,invitees. A.2. "Injury"means(a)harm to or impairment or loss of property or its use or(b) harm to or death of a person. A.3. "Rent"means Monthly Rent plus any other amounts of money payable by Tenant to Landlord. B. Tenant's Obligations B.1. Tenant agrees to— B.I.a. Lease the Premises for the entire Term beginning on the Commencement Date and ending on the Termination late. B.I.b. Accept the Premises in their present condition"AS IS,"the Premises being currently suitable for the Permitted Use. B.I.c. Obey all laws relating to Tenant's Permitted Use,maintenance of condition, and occupancy of the Premises. B.I.d. Pay monthly,in advance, on the first day of the month.,the Monthly Rent to Landlord at Landlord's Address. B.I.e. Pay,as additional Rent,all other amounts due under this lease. B.Lf. Pay a late charge of 5 percent of any Rent not received by Landlord by the tenth day after it is due. B.I.g. Pay for all utility services used by Tenant. B.I.h. Allow Landlord to enter the Premises to perform Landlord's obligations and to inspect the Premises. B.1.i. Repair any damage to the Premises caused by Tenant. B.1.k. Move out of the Premises at the end of the Term. B.I.l. Pay Rent(including,if applicable and at the same time,the fee in lieu of the Security Deposit)by check,money order, or other traceable or negotiable instrument. B.l.m. Monitor the Premises and promptly report to Landlord any nuisance or illegal activity occurring on the Premises. Nov_30.2022 02:56 PM hhsc 18774472839 *7751 F 4 B.2. Tenant agrees not to— B.2.a. Use the Premises other than as a residence occupied by the named Tenant. B.2.b. Create or permit a nuisance or interfere with any neighbor's use of its Premises. B.2.c. Alter the Premises. B.2.e. Allow a lien to be placed on the Premises. B.2.d. Assign this lease or sublease any portion of the Premises without Landlord's written consent. C. Landlord's Obligations Landlord agrees to— C.1. Lease to Tenant the Premises for the entire Term beginning on the Commencement Date and ending on the Termination Date. C.2. Obey all laws,ordinances, orders,rules,regulations,and covenants applicable to the Premises. Landlord and Tenant agree to the following: D.1. Abatement. Tenant's covenant to pay Rent and Landlord's covenants are independent. Except as otherwise provided,Tenant may not abate Rent for any reason. D.2. Insurance. Landlord and Tenant shall each maintain such insurance on the contents and Property as each party may deem appropriate during the term of this Lease. D.3. Condition of the Premises. TENANT EXPRESSLY ACKNOWLEDGES AND AGREES IT HEREBY ACCEPTS THE PREMISES,AS IS,WHERE IS,AND WITHOUT ANY WARRANTIES OF WHATEVER NATURE, EXPRESS OR IMPLIED,IT BEING THE INTENTION OF THE LANDLORD AND TENANT TO EXPRESSLY NEGATE AND EXCLUDE ALL WARRANTIES EXPRESS OR IMPLIED,IN FACT OR BY LAW,INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF SUITABILITY, AND THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, CONTAINED IN OR CREATED BY ANY APPLICABLE LAW OF THE STATE OF TEXAS. D.4. Waiver ofLiability. LANDLORD SHALL NOT BE LIABLE IN ANY MANNER TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, OR ANY OTHER PARTY IN CONNECTION WITH THE USE OF THE PROPERTY BY ANY OF THEM,FOR ANY INJURY TO OR DEATH OF PERSONS UNLESS CAUSED SOLELY BY THE WILLFUL NUSCONDUCT OR GROSS Nov.30.2022 02:56 PM hhsc 18774472839 n7751 P 5 NEGLIGENCE OF LANDLORD. IN NO EVENT SHALL LANDLORD BE LIABLE IN ANY MANNER TO TENANT OR ANY OTHER PARTY AS THE RESULT OF THE ACTS OR 01VIISSIONS OF TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, OR ANY OTHER PARTY, IN CONNECTION WITH THE USE OF THE PROPERTY BY ANY OF THEM.LANDLORD SHALL NOT BE LIABLE FOR ANY LOSS OR THEFT OF OR DAMAGE TO PROPERTY OF TENANT, ITS EMPLOYEES, AGENTS, PATRONS, INVITEES, OR TO OTHERS, REGARDLESS OF WHETHER SUCH PROPERTY IS ENTRUSTED TO EMPLOYEES OF LANDLORD OR SUCH LOSS OR DAMAGE IS OCCASIONED BY CASUALTY, THEFT, OR ANY OTHER CAUSE OF WHATSOEVER NATURE. D.5. Casualty/Condemnation. If the Premises are damaged by fire or other casualty or are condemned, then either Landlord.or Tenant may terminate this lease by notifying the other. Any pent prepaid by Tenant will be returned to Tenant on termination. D.6. Default by TenantlEvents. Defaults by Tenant are(a)failing to timely pay Rent, (b) abandoning the Premises or vacating a substantial portion of the Premises, and (c)failing to comply within ten days after written notice with any provision of this lease other than the defaults set forth in(a) and(b). D.7. Default by Tenant/Landlord's Remedies. Landlord's remedies for Tenant's default are to(a)enter and take possession of the Premises and sue for Rent as it accrues;(b)enter and take possession of the Premises, (c)enter the Premises and perform Tenant's obligations; and (d)terminate this lease by written notice and sue for possession or damages or both. D.8. DefaultlWaiver. All waivers must be in writing and signed by the waiving party. Landlord's failure to enforce any provisions of this lease or its acceptance of late installments of Rent will not be a waiver and will not estop Landlord from enforcing that provision or any other provision of this lease in the future. D.9. Mitigation. Landlord and Tenant have a duty to mitigate damages. D.10. Holdover. If Tenant does not vacate the Premises following termination of this lease, Tenant will become a tenant at will and must vacate the premises on receipt of notice from Landlord.No holding over by Tenant,whether with or without the consent of Landlord,will extend the Term. D.I1. Alternative Dispute Resolution. Landlord and Tenant agree to negotiate in good faith before filing a suit for damages. D.12. Venue. Venue of any action brought under this Lease shall be in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 14ov_30.2022 02:56 PM hhac 18774472839 $7751 P 6 D.13. Entire Agreement. This lease and its exhibits, addenda, and riders are the entire agreement of the parties concerning the lease of the Premises by Landlord to Tenant.There are no representations,warranties,agreements,or promises pertaining to the Premises or the lease of the Premises by Landlord to Tenant,and Tenant is not relying on any statements or representations of any agent of Landlord that are not in this lease and any exhibits,addenda, and riders. D.14. Amendment of Lease. This lease may be amended only by an instrument in writing signed by Landlord and Tenant. D.15. Notices. Any notice required or permitted under this lease must be in writing.Any notice required by this lease will be deemed to be given(whether received or not) the earlier of receipt or three business days after being deposited with the United States Postal Service,postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this lease.Notice may also be given by regular mail, personal delivery, courier delivery, or e-mail and will be effective when received. Any address for notice may be changed by written notice given as provided herein. D.16. Texas Property Code. Landlord and Tenant each acknowledge that chapter 92 of the Texas Property Code,which deals with residential tenancies, affords certain rights and imposes certain duties on them. D.17. Abandoned Property. Landlord may retain, destroy,or dispose of any property left on the Premises at the end of the Term, D.18. Tenant's Statutory Right to Terminate. Tenant may have special statutory rights to terminate the lease early ba certain situations involving family violence,military deployment or transfer, or certain sexual offenses or stalling. D.19. Smoke Alarms. The Texas Property Code requires Landlord to install smoke alarms in certain locations within the Premises at Landlord's expense. Tenant expressly waives Landlords duty to inspect and repair smoke alarms. D.20. Security Devices. The requirements of the Texas Property Code relating to security devices do not apply to a residential lease for a term of 90 days or less. D.21. Landlord's,Right to Audit. Tenant agrees that Landlord shall, until the expiration of one (1)year after the termination of this Lease, or the final conclusion of any audit commenced during the said one'(1) year-period, have access to and the right to examine at reasonable tunes any directly pertinent and non-privileged books, documents,papers and records, including, but not limited to, all electronic records, of Tenant for the current year and, as applicable, the prior year, to the extent involving transactions directly relating to this Lease and the use of the Promises,at no additional cost to Landlord.Landlord shall give Tenant not less than thirty(30)days'written notice of any intended audits. D.22. Governmental Powers. It is understood and agreed that by execution of this Lease,Landlord does not waive or surrender any of its governmental powers or immunities. Nov_30.2022 02:57 PM hhac 18774472839 #7751 P 7 TENANT: THE ESTATE OF JOHN LOUIS MERRILL Suzanr6 Merrill Allard, Independent Executrix of the Estate of John Louis Merrill NOTICE:This document affects your legal rights. head it carefully before signing. (Acknowledgment) THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority,on this day personally appeared Suzanne Merrill Allard, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of the Estate of John Louis Merrill and that she executed the same as its independent executrix and as the act of such estate and for the purposes and considerations expressed in the foregoing instrument. GIVEN UNDER MY HAND AND SEAL OF OFFICE,thisa2day of 2022. P�AAa�- Al� SAMANTHA ROSE YOUNG Notary Public Notary to#132903722 H My Commission Expires o �' February 1,2025 GRANTOR: CITY OF FORT WORTH,TEXAS ✓Zazra��andWF By: Dana Burghdoff(D 6,2022 f9102 CST) Dana Burghdoff,Assistant City Manager q,�.p4Upn�Il poF F000'o Attest: a°°:a oo Pvo o 0o . °o, �c�d 00000 Janette SdaU Dec 8,0 2 13 23 CST) nEXAsdOp Jannette S. Goodall, City Secretary M&C:N/A Date:12/12/2022 APPROVED AS TO LEGALITY AND FORM Matthew Murray,Assistant City Attorney 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. By: Name: Lky Salazar Title: Assistant Director,Property Management Department OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Dana Burandoff, Assistant City Manager of the City of Fort Worth, a Texas home rule municipal corporation, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that they executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the date of naAAA jLA, Y [SEAL] Lfl- Not Public, State of Texas ^SPY�Ga JASMINE LOMELI Nam (printed): x `�* Notary Public-State of Texas Tarrant County Notary's commission expires: �9rEQ�Q Notary ID#13349821-3 Coma% alon Up.DEC.20,2025 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX