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HomeMy WebLinkAboutContract 31305 CITY SECRETARYQI �i CONTRACT NO. FIRST AMENDMENT TO LEASE AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, the City of Fort Worth ("Lessor"), acting by and through its duly authorized Assistant City Manager and James E. and Monette E. Fulfer made and entered into a Sear Lease Agreement ("Lease") on February 9th , 19 82 for property described as Block 21 Lot 19 , Lake Worth Lease Survey, aka 9740 Watercress Drive ; and WHEREAS, the Lease has been assigned to Hal McConnell Fulfer, Mark Edward Fulfer, Frances Kay Fulfer-Volinsky and Ronda Monet Fulfer , ("Lessee"), the current Lessee of the Leased Land; and WHEREAS, Lessor has platted or replatted the Leased Land since 1990 to correctly identify and describe the Leased Land; and WHEREAS, it is necessary to amend the Lease to correctly identify the Leased Land and include the legal description as shown on the plat or replat recorded by Lessor since 1990. NOW THEREFORE, Lessor and Lessee, acting herein by and through their duly authorized representatives, for and in consideration of the rent paid, the covenants and agreements to be performed, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, enter into the following agreement, which amends Section I the Lease as follows: Section I of the Lease is amended to provide that the Leased Land is comprised of Lot 19 , Block 21 Lake Worth Leases, an addition to the City of Fort Worth, Tarrant County Texas , as shown on the plat recorded in Cabinet A , Slide 9273-9277, Plat Records, Tarrant County, Texas and as shown on the plat or replat attached to this First Amendment to Lease as Exhibit"A". Except as amended by this First Amendment, all of the terms and conditions of the Lease are ratified and remain in full force and effect. EXECUTED as of the day of; !�G 200 . LESSOR Irk, CI7YFTWOO�— contract Authorr L44-, k zaJt7 o7i Marc A. Ott, AssisIVWt City A n er Gate ATTEST: APPRC AS TO FORM AND LEGALITY: City Secretary A i s t a n t ity y 4 Amendment w/Assignment 02-01-0509 : 16 RCVf} S LESSEE Hal McConnell Fulfer Mark Edward Fulfer ances Kay Ful r-Voli ky Ronda Monet Fulfer STATE OF TEXAS § COUNTY OF TARRANT § r, This instrument was acknowledged before me this the Iday of 296*, by Marc A. Ott, Assistant City Manager for the City of Fort Worth, a t6nicipalorporation, on behalf of said corporation. � GA HETTIE LANE Notary Public, State of Texas r MY COMMISSION EXPIRES. July 26, 2007 STATE OF TEXAS § COUNTY OF TARR.ANT § This instrument was acknowledged before me this the day of 2004, by Hal McConnell Fulfer Notary Public, State of Texas Amendment with Transfer "?` V' r .' 1 STATE OF TEXAS § �� § COUNTY OF § This nstrument was acknowledged before me this the day of Ina 2004, by Mark Edward Fulfer Notary Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me this the day of 2004, by Francis Kay Fulfer-Volinsky GEORGIA JOHNSON MY COMMISSION EXPIRES :''•' May 20,2006 Notary Public, State of T as STATE, OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me this the day of 2004, by Ronda Monet Fulfer Notary Public, State of Texas Amendment with Transfer EXHIBIT "A" PLAT OF REVISED LEASED LAND Lot 19 ,Block 21 , Lake Worth Leases an addition to the City of Fort Worth,Tarrant County, Texas as shown on plat filed at Cabinet A , Slide 9273-92775 Plat Records,Tarrant County,Texas Attached Amendment with Transfer FIRST AMENDMENT TO LEASE AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, the City of Fort Worth ("Lessor"), acting by and through its duly authorized Assistant City Manager and James E. and Monette E. Fulfer made and entered into a 50_year Lease Agreement ("Lease") on February 9th , 19 82 for property described as Block 21, Lot 19 , Lake Worth Lease Survey, aka 9740 Watercress Drive ; and WHEREAS, the Lease has been assigned to Hal McConnell Fulfer, Mark Edward Fulfer, Frances Kay Fulfer-Volinsky and Ronda Monet Fulfer , ("Lessee"), the current Lessee of the Leased Land; and WHEREAS, Lessor has platted or replatted the Leased Land since 1990 to correctly identify and describe the Leased Land; and WHEREAS, it is necessary to amend the Lease to correctly identify the Leased Land and include the legal description as shown on the plat or replat recorded by Lessor since 1990. NOW THEREFORE, Lessor and Lessee, acting herein by and through their duly authorized representatives, for and in consideration of the rent paid, the covenants and agreements to be performed, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, enter into the following agreement, which amends Section I the Lease as follows: Section I of the Lease is amended to provide that the Leased Land is comprised of Lot 19 ,Block 21 Lake Worth Leases, an addition to the City of Fort Worth, Tarrant County Texas , as shown on the plat recorded in Cabinet A , Slide 9273-9277, Plat Records, Tarrant County, Texas and as shown on the plat or replat attached to this First Amendment to Lease as Exhibit"A". Except as amended by this First Amendment, all of the terms and conditions of the Lease are ratified and remain in full force and effect. This Agreement may be executed in two or more counterparts, and it shall not be necessary that any one counterpart be executed by all of the parties hererto. Each fully or partially executed counterpart shall be deemed an original and all such counterparts taken together shall constitute one instrument. EXECUTED as of the / day of 200 . LESSOR CIT FF TW H Marc A. 06,'Assistant City Wriager Amendment w/Assignment ^ -I ATTEST: APPVt VED A&TO FORM AND LEGALITY: CG— City Secretary /Ass—isltani ey LESSEE f vv Hal McConnell Fulfer J Mark Edward u Frances Kay Fulfer-Volinsky Rbnda Monet Fulfer STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me this the day of +� o- S , 2004, by Marc A. Ott, Assistant City Manager for the City of Fort Worth, munici, al corporation, on behalf of said corporation. HETTIE LANE Notary Public, State of Texas My CU-MISSION EXPIRES July 26,2007 STATE OF TEXAS § COUNTY OF TARRANT § his instrument was acknowledged before me this the ; day of 2004, by Hal McConnell Fulfer USA A. SCOTFORO I �f 10e*QWT-9Ws STATE O � Notary Public, State of Texas ;r ' ��'•� �,`•-v,�,�.l. I , Y'i STATE OF TEXAS § COUNTY OF TARRANT § s instrument was acknowledged before me this the day of 2004, by Mark Edward Fulfer USA A. SCOTFORD I(&, STATE OF TERAS Notary Public, State of Texas Ay Comm.Exp. 18/06/2007 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me this the day of 2004, by Francis Kay Fulfer-Volinsky Notary Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me this the _ day of 2004, by Ronda Monet Fulfer LISA A. SCOTFORD * * Netary Pk Notary Public, State of Texas STATE OF TEXAS my Cann.F.V. 10/06/2007 Amendment with Transfer 44uu EXHIBIT "A" PLAT OF REVISED LEASED LAND Lot 19 ,Block 21 ,Lake Worth Leases an addition to the City of Fort Worth,Tarrant County, Texas as shown on plat filed at Cabinet A ,Slide 9273-9277, Plat Records,Tarrant County,Texas Attached Cliff Amendment with Transfer tl t City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/16/2003 DATE: Tuesday, December 16, 2003 LOG NAME: 30LEGAL DESCRIP REFERENCE NO.: **L-13727 SUBJECT: Authorization of the Amendment of the Legal Descriptions of the Lease Lots for the Lake Worth Lease Survey Properties to Reflect the Legal Description of the Current Plats Filed by the City of Fort Worth RECOMMENDATION: It is recommended that the City Council authorize the amendment of the legal descriptions of the lease lots for the Lake Worth lease survey properties in Blocks 1-32 to reflect the legal descriptions of the current plats filed by the City of Fort Worth. DISCUSSION: The original Lake Worth lease survey was completed in 1956. Although the Lake Worth lease lots were surveyed at that time, no plats were recorded. The City is making available for sale currently leased residential lots that are or will be served by municipal water or sewer service. On February 19, 2002, (M&C L-13249), the City approved the Option to Purchase and Purchase Agreement, which will transfer eligible property to private ownership. In order to sell the property under the Option to Purchase and Purchase Agreement, the City must plat the residential properties. Platting the leased lots has resulted in changing some of the legal descriptions and the boundary lines. The leases must be amended to reflect the new legal descriptions as designated on the plat. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: A. Douglas Rademaker (6157) LoRname: 30LEGAL DESCRIP pane i �f