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HomeMy WebLinkAboutContract 30664 : i Y : R'. 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 Vivian L. Harbison made and entered into a 50 year Lease Agreement ("Lease") on 3 March 1982 for property described as Block 21, Lot 23, Lake Worth Lease Survey, aka 9748 Watercress; and WHEREAS, the Lease has been assigned to I arry Harhi son , ("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 23 ,Block 21 Lake Worth Leases, an addition to the, City* as shown on the plat recorded in Cabinet A , Slide9273-9277, Plat Records, Tarrant County, Texas and as shown on the plat or replat attached to this First Amendment to Lease as Exhibit"A". * of Fort Worth, Tarrant County, Texas 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 200 . LESSOR L— I CITY F FORT WO k Contr ct AULhOrizaL101il 1 CITY arc Xl sist< ity Ntaudger ATTEST- LEGALITY: Akj%-M�- APPR D TO FO 90 14 City Secrf Assistant ity Attorney Amendment W/Assipment IT E�C- �)� LESSEE arry Ha ison STATE OF TEXAS § COUNTY OF TARRANT § T is instrument was acknowledged before me this the I day of 2004, by Marc A. Ott, Assistant City Manager for the City of Fort Worth, a municipal corporation, on behalf of said corporation. SAY 4HETTIE LANE Notary Public, State A Texas My COMMISSION EXPIRES. July 26, 2007 STATE OF TEXAS § COUNTY OF TARRANT § i strument was acknowledged before me this the o day of 2004, by Larry Harb' /^ ROXANNE STOR Notary Public,State axes My Commission Expire ct.8,L: Oary Public, Stto Of TeX �E+s4 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me this the day of , 2004, by Notary Public, State of Texas Amendment with Transfer _D', '��� EXHIBIT"A" PLAT OF REVISED LEASED LAND Lot 23 ,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 9273-927Plat Records, Tarrant County,Texas Attached P,,,ps,; Amendment with Transfer " ivo ��v �, Wi"0�:�no �Eb�. icu cs;r ` N \ \ 1 \ \ 4 \ \ o Ol cu 0- cul L8 __ice a ------------------------ -- _ 9 g ` :21,1 9 'All \ ai 1 v 1133 o 1 1 c c _ W ' N. vs `. i 1 1, i PO � � �� `•. Ir 1 a:: \d'. ,�9aa1I,i 1 == _ r r ��I11?.Y48` E � rr :3 a � cQ n �,jGj�t/ V O q� ! \\ Z 14 \ � a ' 0 ycu � \ 1 \ fl. s w z' a}. J • AL FTW REAL PROPERTY 900 MONROE ST 302 ••'!* • •r FTW TX 76102 Submitter: CITY OF FORT WORTH/REAL PROPERTY-001 ZCFVI SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 08/02/2006 04:29 PM Instrument#: D206237091 A 5 PGS $28.00 IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII D206237091 ANY 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. M & C: DATE V r/� AGENT DOE * of 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/AccountlCenters FROM Fund/AccountlCenters Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: A. Douglas Rademaker (6157) Legname- 30T.FGAT, T)F.4CRTP PaaP 1 of 1 CITY SECRETARY CONTRACT NO.�� � LEASE TERMINATION 2 A= O 71�r THE STATE OF TEAS § � ��� o T* 7� rn � . n "i-T1 COUNTY OF TARRANT § — r.- WHEREAS, the City of Fort Worth("Lessor"), acting by and through i s d ~'+"uthezed Assistant City Manager and Vivian L. Harbison made and entered into 5ar 4sase Agreement ("Lease") on February 8, 1982 for property described as Lot 23 Bloc�21,make Worth Lease Survey, aka 9748 Watercress; and Oa WHEREAS, the Lease has been assigned to Sally Andersen ("Lessee") the current Lessee of the Leased Land; and WHEREAS, the Lease was amended in City Secretary Contract Number 30664 to correctly identify the Leased Land as Lot 23, Block 21, Lake Worth Lease Blocks, situated in 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 WHEREAS, Lessee desires to exercise the option to purchase the Leased Land from Lessor and thus terminate the Lease on the Leased Land. NOW THEREFORE, Lessor and Lessee, acting herein by and through their duly authorized representatives hereby acknowledged and agree that upon Lessee purchasing Lot 23, Block 21, Lake Worth Lease Blocks, situated in the City of Fort Worth, Tarrant County Texas and recorded in Cabinet A, Slide 9273-9274, Tarrant County Plat Records, the Lease shall automatically terminate and any access or use easements not shown on the plat shall automatically terminate. EXECUTED as of the (P day of e C— , 2040. LESSOR LESSEE CITY OF FORT WORTH Fernando Costa,Assistant City Manager Sally Vdersen AP OVED AS TO FORM AND LEGALITY: Attested by: ssistant'City Atto ey N\ �� After Recording Please Return to: � . ,p, City of Fort Worth Marty Hen , City Secret d , FC9i y'b�� Real Property Division A' *- 00"', ° ° 000 1000 Throckmorton oFort Worth,Texas 76102 NO M&C REQUIRED O oaOFFICIAL RECORD 010, 0000 LL'�dSC i g ent 1 `lj 446-vt A4pocyd FT.WORTH, TX WZl 6L STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purposes and consideration therein expressed. j/ GIVEN UNDER MY HAND AND SEAL OFFICE, this �� day of /Voy4yj(21!2_r , 2010. EyONIADANIELS of Public, State of Texas ; ..... , ry1y(7P.,iM SS10N EXPIRES I to,2 013 •�T�rQi�E4:�` i- THE STATE OF V-IOP-DA- § COUNTY OF 0-44Q�'*Z § BEFORE ME, the undersigned authority, personally appeared Sally Andersen on this day, known to me to be the person whose name is subscribed to the foregoing Lease Termination, 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 be Cpm , 2010. v ar�yu is CARLA KNESKI - Nctary Public,State of Florida 4` �Gmmission#DD602391 w My wmm.expires Dec.1Q,2010 N L RECORDCRETARYRTH$ TX Lease Termination-Assignment 2 SUZANNE HENDERSON ,..•••... COUNTY CLERK t 100 West Weatherford Fort Worth,TX 76196-0401 PHONE (817) 884-1195 CITY OF FORT WORTH LAKE WORTH PROPERTY MGT 927 TAYLOR FT WORTH, TX 76102 Submitter: LESTER ENGLAND DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 12/16/2010 3:03 PM Instrument#: D210311407 OPR 3 PGS $20.00 D210311407 ANY 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. Prepared by: CAMADD OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX r Page 1 of 10 Electronically Recorded Tarrant County Texas Pff�dl Public Records 12/17/2009 11:30 AM D209328134 PGS 10 $52.00 STATE OF TEXAS Suzanne enderson Submitter: ACS § Know All Persons by These Presents: COUNTY OF TARRANT § No ASSIGNMENT OF LEASE AND OPTION AGREEMENT WHEREAS, on the 8th day of February, 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 Vivian L. Harbison, 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$188.00, subject to the adjustments set forth in the Lease,the following described property: Lot(s) 23, Block 21, Lake Worth Lease Survey,Tarrant County,Texas, and otherwise known as Lake Worth Lease Survey 9748 Watercress Drive(the"Leased Land"). WHEREAS, the Lease was amended in City Secretary Contract Number 30664 to correctly identify the Leased Land as Lot 23, Block 21,Lake Worth Leases to the City of Fort Worth,Tarrant County,Texas,as shown on the plat recorded in Cabinet A,Slide 92739277,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, the Lease was assigned on February 3, 1992 to Larry Harbison, hereafter referred to as current LESSEE. WHEREAS, on October 1, 2004 LESSOR and Larry Harbison entered into an Option Agreement ("Option Agreement") City Secretary Contract Number 30665 to sell the Property covered under the Lease to Larry Harbison("Option Holder"); and WHEREAS, the current LESSEE and Option Holder under the Lease and Option Agreement (X) Larry Harbison, ASSIGNOR, desire to assign the Lease and the Option Agreement to (xx) Sally Anderson, 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. Rev.02/08LG 1 Page 2 of 10 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: 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. ASSIGNEE acknowledges that it has read the Lease and the Option Agreement and understands the terms, conditions,obligations and requirements ASSIGNEE shall have under each agreement. LESSOR'S consent to the assignment of the Lease and Option Agreement is given with the understanding that all 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 VjnNESS WHEREOF, the parties hereto have executed this Agreement on the _ day of 20�. APPROVED AS TO FORM AND LESSOR: The City of Fort Worth LEGALITY Assistant City Attorne WAssistana r ASSIGNOR: ASSIGNEE: c M_ ' / c ( ) Ary hl WOh� , %rr ;'Wo 9 ( ddress) (Address) (Phone No.) (Phone No.) Rev. 02/08LG 2 Page 3 of 10 r .. 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: 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. ASSIGNEE acknowledges that it has read the Lease and the Option Agreement and understands the terms, conditions,obligations and requirements ASSIGNEE shall have under each agreement. LESSOR'S consent to the assignment of the Lease and Option Agreement is given with the understanding that all 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 CMES �REOF, the partiesw hereto have executed this Agreement on the day of LL� APPROVEI7 AS TO FORM AND LESSOR The ity of Fort Worth LEGALITY J meo 'AAistant City Attorn start C' anger ASSIU R: ASSIGNEE: (X) (�) 33 z e I Zy� (Addre:SsI. (A. (Phone No.) (Phone No.) Rev.02/08LG 2 Page 4 of 10 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE MEthe .`!_1L llandersigned authority, personally appeared (X) kA,(r 1 1�tr�r�l I� , known to me to be the person(s) hose 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. IVEN I UNDER MY HAND AND SEAL OF OFFICE this day of 20�. LISA TAYLOR Notary Public State of Texas Comm. Expires 6-26-2.010 Notary Public STATE OF TEXAS § COUNTY OF TARRANT § /�� BEFORE ME, the ders}gn� �ority, personally appeared (xx) f� � y �-,Wlt�aZ� C2� f' h �1 Q _ , 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 ofo day of 20 ;tut-mF;w,,,: EVQNIADANIELS =► '" { CoWks3i&4 EXPIRES 1, 1 July 10,2013 ;4t T4otarY Public Rev.02/08LG 4 Page 3 of 10 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared (X) ry . known to me to be the person(s) hose 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. hh GM ER MY HAND AND SEAT, OF OFFICE this o-4 � day of 20 d_q_. =o.*� ► LISATAYLOR Notary Pubtic State of Texas /U/ �tE�t4+ Comm.Expires 6-26-2010 ,,�,V J" ^ Notary Public � pW 1 da- STATE OF-+E § COUNTY OF RhRR--t� § BEFORE ME. the dersigned authority, personally appeared (xx) known fto 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. QrVEN UNDER MY HAND AND SEAL OF OFFICE this �'day of .I CHERYL PL Ybk tate of CAMPS: ELL Put�c,Stale of Forldt I Q PC Cwnmtasbai DD8123�/ �w My oomm.e0Ues Nov.6, 2010 Rotary Public i Rev.02/08LG 4 Page 6 of 10 RETURN RECORDED DOCUMENT TO: City of Fort Worth Housing and Economic Development 1000 Throckmorton Street Fort Worth,Texas 76102-6302 Rev.02J08LG 3 Page 7 of 10 LIGASE AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: The City of Fon Worth,Lessor,a home-rule municipal corporation situated in Tarrant County,Texas,(hereinafter sometimes referred to as"City")acting herein by and through Herein G. Hatvwa ,its duly authorized .1naY City Manager,and VIVIAN L. IIARBISQ? ,Lessee,hereby make and enter into the following lease agree- ment. 1. 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 in strict compliance with the covenants,conditions and agreements herein contained,City hereby demises and leases 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: IM 2.3, Brox 23amrext`. Ilmnt r.F,pgR SUIiM. kla./L- 524A Wry.nrm ngR II.TERM The term of the lease shall be Sf1— years commencing i,•nlmtltj1. 1W2 and ending _.Thniinry 31, 2032 The City may offer five(S)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 writing,within sixty(60)days after receipt of notice of any extension. III. LESSEE'S RIGHTS AND OBLIGATIONS Lessee shall: A. pay annual rent to the City of FortWorth in the sum of S IPA-00 said rent payable in 12 equal installments,one such installment due on the first of each month. B. 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(8001)of the change in the annual average of the Consumer Price Index U.S.City Average,"all items"index,all urban consumers (CPI-U)from the annual average for the previous calendar year,as published by the Bureau of labor Statistics for the United States Department of Labor,said adjustment to be computed by dividing the CPI-U for the most recent year by the CPI-U for the immediately preceding year,subtracting one(1)from that quotient,multiplying that result by eight-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. E. use and occupy the leased land,in compliance with the laws of the United States of America,the statutes of the State of Texas,and the Charter and Ordinances of the City of Fort Worth,whether now in effect or hereinafter adopted so long as any hereinafter adopted ordinance or charter provision is not adopted solely for the purpose of limiting the rights of Lessee and similarly situated Lessees. F. accepl the premises in their present condition as being suitable for all purposes of this lease. G. be deemed to be an independent tenant in possession of the premises and responsible to all parties 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. H. indemnify,hold harmless and defend the City,its officers,agents,and employees,from and against any and all claims for damages or injury,including death,to persons or property arising 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 mechanic's and materialmen's liens or any other lien,claim or charge imposed upon the leased land or rising as a result of any conduct or activity by the Lesszc or rryone on his bchzlf. J. provide and maintain suitable methods and means for the disposal of trash,body waste,and excreta,in com- pliance 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. 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 leased premises other than domesticated dogs and cats. IV. 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 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 EXHIBIT `tA" Page 8 of 10 F.� _� y 2. the assignment is evidenced in writing;and 3. in said assignment the assignee expressly accepts,assumes,and agrees to perform all terms,conditions and limitations to be kept and performed by Lessee under this lease;and 4, said writing is executed and acknowledged in recordable form;and 5. said assignment is submitted to the City at the City Manager's office or such other office designated by the City Manager. Within 10 days of receipt of the assignment the City shall determine whether the assignment is in compliance with provisions A-1 through A-5 above and notify both parties to said assignment if the assignment does not 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 above shall relieve the Lessee from further liability 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 assignee 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 shalt not be issued a certificate of occupancy by the City until the requirements of such ur- dinance have been complied with. C. shall not convey,sell,or transfer its interest in the leased land without allowing the Lessee the opportunity to ac- quire the leased land unless the conveyance,sale,or'transfer is to a governmental entity with the power to condemn the property for the purpose it is acquired.All transfers shall be subject to the competitive bidding laws of the!hate of Texas and the ordinances and charter of the City of Fon Worth. D. provide yearly statements of the rent due hereunder and in such statement specify the number of years remaining in the term of this lease. E. have the right to 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 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 specifically authorized by the provisions 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 of the leased land,and that the City will defend the Lessee in such quiet enjoyment and peaceful possession during the term of this lease. G. The City Manager shall review this lease prior to each fifth anniversary and shall make recommendations to the City Council regarding extensions. V.LESSOR'S OPTIONS The City of Fort Worth may,in the event that Lessee shall give notice to the City that a financial hardship exists in 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 Lessee's im- provements and such unpaid rents shall bear interest at the current legal rate. VI.LESSEE'S OPTIONS Lessee may: A. sell,assign,or sublet this lease or remaining term thereof. B. construct new structures and enlarge existing structures on the leased land provided that such construction is in accordance with all applicable City 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 City Codes and Ordinances. D, terminate this lease without reimbursement for Lessee's structures and improvements at any time by giving the City 30 days notice of intention to terminate. Vll.EXPIRATION OF LEASE A. Upon expiratlon of the term of this lease the City shall pay to the Lessee an amr)unt equal to the thin m2rY.et- value of any structures or improvements heretofore made or erected on thq leased premises,except that payments for any new structure and enlargements to existing structures made or erected during the final 35 years of the lease term will be a pro rata 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 100176 of the market value of the new structure and the enlargement to the existing structure. B, Replacement of all or part of structures destroyed in whole or in part by fire,explosion or actor God are deemed 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 improvements as defined above upon possession of the property.Acceptance of the amount offered by the City does not forfeit Lessee's right to dispute 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 that the amount paid to the Lessee by the City is in excess of market value of such structures or improvements,the Lessee shall promptly refund such excess to the City. 2. Page 9 of 10 VIII.TERMINATION 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 Lessee does not take action 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 personal property within 90 days from the date of lease termination by default,and shall vacate the leased land at the end of said 90 days.All such property 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 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 really and all structures and improvements for which no reimbursement is made under the terms of this lease. IX.MORTGAGES A. So long as no default exists under the terms of this lease,the Lessee or any Assignee may mortgage his leasehold estate and improvements situated thereon to secure a loan or 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 be in every respect subject,subservient and subordinate to all the conditions 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 improvements and structures on the leased land,the City shall give notice to the mortgagee as is required to be given to the Lessee,and said mortgagee 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 same right and power to assign this lease,in conjunc- tion with a trustee's sale or transfer to satisfy Lessee's obligation to a mortgagee,as does the Lessee under the terms of 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 leaschold and improvements. F. The City shall be required to give such notice only if the mortgagee has,in writing,informed the City of its in- terest and has supplied an address for said nutice. 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 hereinafter made by the Lessee on the leased land shall be the property of the Lessee. XI.SUCCESSORS IN INTEREST A. In the event of the death of a Lessee,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 may be assigned as provided above,and any Assignee shall assume the duties and liabilities as set out above. XII.VENUE Venue of any action brought hereunder shall lie exclusively in Tarrant County,Texas. X111.NOTICE A. Any notice required under this lease,unless otherwise specified,shall be given by depositing in the United Stats Mail as certified mail,postage prepaid,addressed to the: 1. Lessee's or Assignee's at the address siwwu on Lhis 1,i.c =id Le..=or Assig"ee has flirnishrrl to the City,in writing,instructions to mail notices to another address; 2. City Manager of the City 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. XIV.CONCLUSION This instrument represents the entire agreement between the parties concerning the leasing of the leased land and 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 concerning the leased land or properly situated thereon are superseded by the terms of this lease. E\ CUTED at Fort Worth,Tarrant County,Texas,this day of 3. Page 10 of 10 ATTEST: CITY OF FORT WORTH •_ By City Secretary RM APJ.PROVED��l�✓.AND LE City Attorney /)I Lessee 7itirum L. IIairbisoa STATE OF TEXAS § COUNTY OFTARRANT§ BEFORE ME,the undersignedauthority,a Notary Public in and for the State of Texas,on this day personally appeared �Ndtih rd �l7rt` e�—� known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same as PC act and deed of the City of Fort Worth,a municipal corporation of Tarrant County Texas,and as thereof,and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this J day of A.D.,199-Z. Notary Public in and for the State of Texas Nly Commission Expires: 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 VLVW— L. HARMON 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 gnt day of Febr l= , A.D. 1982_. Notary Public in and for BJ"2 p the State of Texas My Commission Expires: d. Page 1 of 11 Electronically Recorded Tarrant County Texas Official Public Records 12/17/200911:30 AM D209328135 �T b� PGS 11 $56.00 STATE OF TEXAS Suzanne Venderson Submitter: ACS 3§ Know All Persons by These Presents: COUNTY OF TARRANT § ASSIGNMENT OF LEASE AND OPTION AGREEMENT WHEREAS, on the 8th day of February, 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 Vivian L. Harbison, whereby LESSOR leased for a period of 50 years, 0 months, commencing on the I' day of February, 1982, and ending on January 31, 2032iwith a current rental rate of$188.00, subject to the adjustments set forth in the Lease,the following described property: Lot(s) 23,Block 21, Lake Worth Lease Survey,Tarrant County, Texas, and otherwise known as Lake Worth Lease Survey 9748 Watercress Drive(the"Leased Land"). WHEREAS, the Lease was amended in City Secretary Contract Number 30664 to correctly identify the Leased Land as Lot 23,Block 21,Lake Worth Leases to the City of Fort Worth,Tarrant County,Texas,as shown on the plat recorded in Cabinet A, Slide 92739277,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, the Lease was assigned on February 3, 1992 to Larry Harbison, hereafter referred to as current LESSEE. WHEREAS, on October 1, 2004 LESSOR and Larry Harbison entered into an Option Agreement ("Option Agreement") City Secretary Contract Number 30665 to sell the Property covered under the Lease to Larry Harbison("Option Holder"); and WHEREAS, the current LESSEE and Option Holder under the Lease and Option Agreement (X) Larry Harbison, ASSIGNOR, desire to assign the Lease and the Option Agreement to (xx) Sally Anderson, 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. Rev.02/08LG 1 Page 2 of 11 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: 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. ASSIGNEE acknowledges that it has read the Lease and the Option Agreement and understands the terms, conditions,obligations and requirements ASSIGNEE shall have under each agreement. LESSOR'S consent to the assignment of the Lease and Option Agreement is given with the understanding that all 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 HNESWHEREOF, the parties hereto have executed this Agreement on the day of y' APPROVED AS TO FORM AND 4Assisstant he C' y of Fort Worth LEGALITY 1 Assistant City Attoine ger ASSIGNOR: ASSIGNEE: M (XX (Address) (Address) (Phone No.) (Phone No.) Rev.02/08LG 2 Page 3 of 11 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: 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. ASSIGNEE acknowledges that it has read the Lease and the Option Agreement and understands the terms, conditions,obligations and requirements ASSIGNEE shall have under egch agreement. LESSOR'S consent to the assignment of the Lease and Option Agreement is given with the understanding that all 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 an 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` �S� WHEREOF, the parties hereto have executed this Agreement on the day of ` APPROVED AS TO FORM AND LESSOR: The , ity of Fort Worth LEGALITY I j l i sistant City Attorn A stant Ci Asanger ASSI R: ASSIGNEE: 1 (Address) (Address)7 31 / (Phone No.) (Phone No.) Rev.02/08LG 2 Page 4 of 11 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared 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. G ER MY HAND AND SEAL OF OFFICE this day of Maw20 LCJ__. LISATAYLDR Notary Public State of Texas •J''�o.+4+� Comm.Expires 6-26r2010 Notary Public STATE OF § COUNTY OF"T�TT § BEFORE ME, the undersigned authority, personally appeared (xx) SCS. 1 l" Ayxoit,P� 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 ?— ay of 20 �, � CH�RYt.G�►AIPB� Notary POLL,8t0?a of Florida i Wffd si "j DD61 M37 Gly comm.wpims Nov.6,2010 otary Public Rev.02/08LG 4 Page 5 of 11 STATE OF TEXAS § COUNTY OF TARR.ANT § BEFORE E, the undersigned authority, personally appeared (X) known to me to be the perso 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. GIV N ER MY HAND AND SEAL OF OFFICE this d-,)`� day of N04 ,20 01 =o,�Y^� LISA TAYLOR Notary Public State of Texas a�''FoFn+� Comm.Expires 6-26-2010 Notary Pub is STATE OF TEXAS § COUNTY OF TARRANT § /p�� BEFO���� ME, the undersigned-- undersigned uthority, personally appeared (xx) / /76/�A 11AAeWoDd �` _ LAG/1dd 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 70 EVONiA DAMELS My COMMISSION EXPIRES July 10,2013 � 4tary Public Rev.02/08LG 4 Page 6 of II (City of Fort Worth Use Only) STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 120 Notary Public Rev.02/08LG Page 7 of 11 RETURN RECORDED DOCUMENT TO: City of Fort Worth Housing and Economic Development 1000 Throckmorton Street Fort Worth,Texas 76102-6302 Rev.02/08LG 3 Page 8ofII r ti LASE AGREEMENT { THE STATE OF TEXAS § COUNTY OF TARRANT §KNOW ALL MEN BY THESE PRESENTS: The City of Fort Worth,Lessor,a home-rule municipal corporation situated in Tarrant County,Texas,(hereinafter sometimes referred to as"City")acdng herein by and through Herrin ,its duly authorized Asst. City Manager,and VIVIAN Le 1IARBIS(V Lessee,hereby make and enter into the following lease agree- ment. 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 performance by Lessee of all of Lessee's duties and obligations in strict compliance with the covenants,conditions and agreements herein contained,City hereby demises and leases 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: TX 2,39 BLOCK 219 TAKE Ltrxrr,t T.t.ASE S111MY,_ rK/A 4`7LB Ll�t.nr.ro4a 11,TERM The term of the lease shall be 5n years commencing _ Fetclnry 1, 3W2 and ending Snr=17 31, 2032 The City 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 writing,within sixty(60)days after receipt of notice of any extension. Ill.LESSEE'S RIGHTS AND OBLIGATIONS Lessee shall: A. pay annual rent to the City of Fort Worth in the sum of 1182,00 said rent payable in 12 equal installments,one such installment due on the first of each month. B. 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(800fa)of the change in the annual average of the Consumer Price Index U.S.City Average,"all items"index,all urban consumers (CPI-U)from the annual average for the previous calendar year,as published by the Bureau of Labor Statistics for the United States Department of Labor,said adjustment to be computed by dividing the CPI-U for the most recent year by the CPI-U for the immediately preceding year,subtracting one(1)from that quotient,multiplying that result by eight-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. E. use and occupy the leased land,in compliance with the laws of the United Slates of America,the statutes of the State of Texas,and the Charter and Ordinances of the City of Fort Worth,whether now in effect or hereinafter adopted so long as any hereinafter adopted ordinance or charter provision is not adopted solely for the purpose of limiting the rights of Lessee and similarly situated Lessees. F. accept the premises in their present condition as being suitable for all purposes of this lease. G. be deemed to be an independent tenant in possession of the premises and responsible to all parties 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. H. indemnify,hold harmless and defend the City,its officers,agents,and employees,from and against any and all claims for damages or injury,including death,to persons or property arising 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 mechanic's and materialmcn's liens or any other lien,claim or charge imposed upon the leased land or rising as a result of any conduct or activity by the Lesscc or anyone on his behalf. J. provide and maintain suitable methods and meats for the disposal of trash,body waste,and excreta,in com- pliance with applicable sanitation laws and ordinances. K. not drill or dig any well on the Ieased 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. 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 leased premises other than domesticated dogs and cats. IV.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 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 EXHIBIT "A" Page 9 of 11 2. the assignment is evidenced in writing;and 3. in said assignment the assignee expressly accepts,assumes,and agrees to perform all terms,conditions and limitations to be kept and performed by Lessee under this lease;and 4. said writing is executed and acknowledged in recordable form;and 5. said assignment Is submitted to the City at the City Manager's office or such other office designated by the City Manager, Within 10 days of receipt of the assignment the City shall determine whether the assignment is in compliance with provisions A-1 through A-5 above and notify both parties to said assignment if the assignment does not 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 above shall relieve the Lessee from further liability under this Iease. R. have the right to inspect the Ieased 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 assignee 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- dinance have been complied with. C. shall not convey,sell,or transfer its interest in the leased land without allowing the Lessee the opportunity to ac- quire the leased land unless the conveyance,sale,or'transfer is to a governmental entity with the power to condemn the property for the purpose it is acquired.All transfers shall be subject to the competitive bidding laws of the State of Texas 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 of years remaining in the term of this lease. E. have the right to 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 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 specifically authorized by the provisions 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 of the leased land,and that the City will defend the Lessee in such quiet enjoyment and peaceful possession during the term of this lease. G. The City Manager shall review this lease prior to each fifth anniversary and shall make recommendations to the City Council regarding extensions. V.LESSOR'S OPTIONS The City of Fort Worth may,in the event that Lessee shall give notice to the City that a financial hardship exists in 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 Lessee's im- provements and such unpaid rents shall bear interest at the current legal rate. VI.LESSEE'S OPTIONS Lessee may: A. sell,assign,or sublet this lease or remaining term thereof. B. construct new structures and enlarge existing structures on the leased land provided that such construction is in accordance with all applicable City 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 City Codes and Ordinances. D. terminate this lease without reimbursement for Lessee's structures and improvements at any time by giving the City 30 days notice of intention to terminate. VII.EXPIRATION OF LEASE A. Upon expiration of the term of this lease the City shall pay to the Lessee an amount equal to the then markct- 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 final 35 years of the lease term will be a pro rata 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 100016 of the market value of the new structure and the enlargement to the existing structure. B. Replacement of all or part of structures destroyed in whole or in part by fire,explosion or act of God are deemed 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 improvements as defined above upon possession of the property.Acceptance of the amount offered by the City does not forfeit Lessee's right to dispute 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 that the amount paid to the Lessee by the City is in excess of market value of such structures or improvements,the Lessee shall promptly refund such excess to the City. 2. Page 10 of 11 VIII.TERMINATION 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 Lessee does not take action 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 personal property within 90 days from the date of lease termination by default,and shall vacate the leased land at the end of said 90 days.All such property 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 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 and all structures and improvements for which no reimbursement is made under the terms of this lease. IX.MORTGAGES A. So long as no default exists under the terms of this lease,the Lessee or any Assignee may mortgage his leasehold estate and improvements situated thereon to secure a loan or Ioans 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 be in every respect subject,subservient and subordinate to all the conditions 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 improvements and structures on the leased land,the City shall give notice to the mortgagee as is required to be given to the Lessee,and said mortgagee 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 same right and power to assign this lease,in conjunc- tion with a trustee's sale or transfer to satisfy Lessee's obligation to a mortgagee,as does the Lessee under the terms of 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. F. The City shall be required to give such notice only if the mortgagee has,in writing,informed the City of its in- terest and has supplied an address for said nutice. 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 hereinafter made by the Lessee on the leased land shall be the property of the Lessee. XI.SUCCESSORS IN INTEREST A. In the event of the death of a Lessee,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 may be assigned as provided above,and any Assignee shall assume the duties and liabilities as set out above. X11.VENUE Venue of any action brought hereunder shall lie exclusively in Tarrant County,Texas. XIII,NOTICE A. Any notice required under this lease,unless otherwise specified,shall be given by depositing in the United States Mail as certified mail,postage prepaid,addressed to the: -1. Lessee's or Assignee's at the addrrs siwwu on ibis Inc.:.less;,aid Lc....=or Assignee has furnished to the City,in writing,instructions to mail notices to another address; 2. City Manager of the City of Fort Worth,City Hall,Fort Worth,Texas; J. Mortgagee at the address supplied to the City in writing for the mailing of such notice. XIV.CONCLUSION This instrument represents the entire agreement between the parties conceming the leasing of the leased land and shalt 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 concerning the leased land or property situated thereon are superseded by the terms of this lease. EX CUTED at Fort Worth,Tarrant County,Texas,this day of 3. Page 11 of 11 ATTEST: CITY OF FORT WORTH ! <?, B y 1 1 City Secretary AP �R/O�VED�A�STO FORM AND LEALI Y: , City Attorney rn' Lessee Vivian L. Iltsrbiam STATE OF TEXAS § COUNTY OF TARRANT§ 13EFORE ME,the undersigned authority,a Notary Public in and for the State of Texas,on this day personally appeared vmOth v,-L_ 79n` c}—"' ,known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed Same az e act and deed of the az City of Fort Worth,a municipal corporation of Tarrant County Texas,and thereof,and for the purposes and consideration therein expressed and in the capacity therein stated'.-= �L= GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A.D.,148, . Notary Public in and for the State of Texas My Commission Expires: 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 VIVIAN L IiMISON 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 gfrh day of FF1tiT j= A.D. 19g?_. Notary Public in and for Hineteaasr the State of Texas My Commission Expires: 4. - -- Page 1 of 11 Electronically Recorded Tarrant County Texas /1 Official Public Records 12/17/200911 30 AM D209328136 I7 7aU 47 /,7 ,a�i� �'r _ PGS 11 $56.00 STATE OF TE S Suzanne§ienderson Submitter: ACS § Know All Persons by These Presents: COUNTY OF TARRANT § 11 ASSIGNMENT OF LEASE AND OPTION AGREEMENT WHEREAS, on the 8th day of February, 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 Vivian L. Harbison, whereby LESSOR leased for a period of 50 years, 0 months, commencing on the I"day of February, 1982,and ending on January 31,20321with a current rental rate of$188.00, subject to the adjustments set forth in the Lease,the following described property: Lot(s) 23, Block 21,Lake Worth Lease Survey,Tarrant County, Texas, and otherwise known as Lake Worth Lease Survey 9748 Watercress Drive(the"Leased Land"). WHEREAS, the Lease was amended in City Secretary Contract Number 30664 to correctly identify the Leased Land as Lot 23,Block 21,Lake Worth Leases to the City of Fort Worth,Tarrant County,Texas,as shown on the plat recorded in Cabinet A, Slide 92739277,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, the Lease was assigned on February 3, 1992 to Larry Harbison, hereafter referred to as current LESSEE. WHEREAS, on October 1, 2004 LESSOR and Larry Harbison entered into an Option Agreement ("Option Agreement") City Secretary Contract Number 30665 to sell the Property covered under the Lease to Larry Harbison("Option Holder"); and WHEREAS, the current LESSEE and Option Holder under the Lease and Option Agreement (X) L Harbison, ASSIGNOR, desire to assign the Lease and the Option Agreement to (xx) Sally Anderson, 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. Rev.02/08LG 1 Page 2 of 11 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: 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 ASSIGNEES) 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. ASSIGNEE acknowledges that it has read the Lease and the Option Agreement and understands the terms, conditions,obligations and requirements ASSIGNEE shall have under each agreement. LESSOR'S consent to the assignment of the Lease and Option Agreement is given with the understanding that all 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 —T ITNES WHEREOF, the parties hereto have executed this Agreement on the day of ,i f , 20�. = APPROVED AS TO FORM AND LESS4illvatnager y of Fort Worth LEGALITY j � Assistant City Attorn zst ASSIGNOR: ASSIGNEE: (X) (XX) 2z- U Dill (Address) (Address) (Phone No.) (Phone No.) Rev.02/08LG 2 Page 3 of 11 Specifically, ASSIGNEE is aware,and acknowledges receipt of Notice from LESSOR,that the ASSIGNOR is in violation under the terms of the Lcase with regard to: 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 ASSIGNEES)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. ASSIGNEE acknowledges that it has read the Lease and the Option Agreement and understands the terms, conditions,obligations and requirements ASSIGNEE shall have under each agreement. LESSOR'S consent to the assignment of the Lease and Option Agreement is given with the understanding that all 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($125.00)to defer the administrative fees associated with this assignment. IN LVJITNES$ WHEREOF, the parties hereto have executed this Agreement on the day of APPROVED AS TO FORM AND LESSOR: The , ity of Fort Worth LEGALITY 4UMJ Assistant City Attorn start Ci anager AS;2- ASSIGNEE: M r l (Address) (Address) (Phone No.) hone No.) Rev.02/08LG 2 Page 4 of 11 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared (X) R'YH • AX known to me to be the person(s) vJhose 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. GIV N U11DER MY HAND AND SEAL OF OFFICE this o-4 day of 'h-IDA OahV 20 N_. LISA TAYLOR Notary Public o State of Texas Comm.Expires 6.26-2010 NotaryPublic STATE OF+E-MAS § COUNTY OF T,6a4R-,edT § C•i-Aft0- if- BEFORE ME, the undersigned authority, personally appeared (xx) �L �Lc3 A A0 !Jn known to me to be the person(s)whose seo 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 iconsideration expressed therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 MisV.CASE 1 Notary Pubk Stats cf Florida g fommlas64 DD612337 July�mrn expires Nov.0, 2010 otary Publi i Rev.02/08LG 4 Page 5 of 11 STATE OF TEXAS COUNTY OF TARRANT § BEFORE ME, the I} }}_un�dersigned authority, personally appeared I (X) GiY N , �1 J) , 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. GN N UNDER MY HAND AND SEAL OF OFFICE this C�4 day of 20 LCL. =� Y° LISA TAYLOR Notary Public State of Texas Comm. Expires 6-26-2010 Notary Public STATE OF TEXAS § COUNTY OF TARRANT § BEFO ME, the undersigned authority, personally appeared (xx) R/�/1��P liJ d Ae. �9r/IL?/1'-'6 , 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 AV r ,20EVONIA . MY COMMISSIONpgp RES July 10,2013 &otairy Public Rev.02/08LG 4 Page 6 of 11 (City of Fort Worth Use Only) STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of >20 Notary Public s Rev.02/08LG 5 Page 7 of 11 RETURN RECORDED DOCUMENT TO: City of Fort Worth Housing and Economic Development 1000 Throckmorton Street Fort Worth,Texas 76102-6302 Rev.02/08LG 3 Page 8 of 11 C_ f y — U L)✓'ASE AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT §KNOW ALL MEN BY THESE PRESENTS- The City of Fort Worth,Lessor,a home-rule municipal corporation situated in Tarrant County,Texas,(hereinafter sometimes referred to as"City")acting herein by and through Homi. Nalmork ,its duly authorized Aust. City Manager,and YIVLkN Le 11ARB1S(X1 ,Lessee,hereby make and enter into the following lease agree- ment. 1. 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 in strict compliance with the covenants,conditions and agreements herein contained,City hereby demises and leases 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: TX 239 BIJEK 219 TAKE IMMI LEASE_STIRIM1 a/u/a r)7 8 U tnrr•.rra4a 11.TERM The term of the lease shall be 50 years commencing rhbr.nmr 1 1%2 ____and ending Jamil- 31v 2t__2 The City may offer five(S)year extensions to the term of the lease on each fifth anniversary of the tease.The Lessee may refuse such extension by giving notice to the City,in writing,within sixty(60)days after receipt of notice of any extension. Ill. LESSEE'S RIGHTS AND OBLIGATIONS Lessee shall: A. pay annual rent to the City of Fort Worth in the sum of S 111FI-M said rent payable in 12 equal installments,one such installment due on the first of each month. B. 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(80010)of the change in the annual average of the Consumer Price Index U.S.City Average,"all items"index,all urban consumers (CPI-U)from the annual average for the previous calendar year,as published by the Bureau of Labor Statistics for the United States Department of Labor,said adjustment to be computed by dividing the CPi-U for the most recent year by the CPI-U for the immediately preceding year,subtracting one(1)from that quotient,multiplying that result by eight-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 Ieased land for residential and water recreational purposes,in compliance with applicable zoning ordinances. E. use and occupy the leased land,in compliance with the laws of the United States of America,the statutes of the State of Texas,and the Charter and Ordinances of the City of Fort Worth,whether now in effect or hereinafter adopted so long as any hereinafter adopted ordinance or charter provision is not adopted solely for the purpose of limiting the rights of Lessee and similarly situated Lessees. F. accept the premises in their present condition as being suitable for all purposes of this lease. G. be deemed to be an independent tenant in possession of the premises and responsible to all parties 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. H. indemnify,hold harmless and defend the City,its officers,agents,and employees,from and against any and all claims for damages or injury,including death,to persons or property arising 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 mechanic's and materialmen's liens or any other lien,claim or charge imposed upon the leased land or rising as a result of any conduct or activity by the Lcss:c or aryone on his bc!iz1f. 1. provide and maintain suitable methods and means for the disposal of trash,body waste,and excreta,in com- pliance 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. 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 leased premises other than domesticated dogs and cats. IV.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 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 EXHIBIT "A" Page 9 of 11 2. the assignment is evidenced in writing;and 3. in said assignment the assignee expressly accepts,assumes,and agrees to perform all terms,conditions and Iimitations to be kept and performed by Lessee under this lease;and 4. said writing is executed and acknowledged in recordable form;and 5. said assignment is submitted to the City at the City Manager's office or such other office designated by the City Manager. Within 10 days of receipt of the assignment the City shall determine whether the assignment is in compliance with provisions A-1 through A-5 above and notify both parties to said assignment if the assignment does not 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 above shall relieve the Lessee from further liability 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.8W6,at the time of any sale or transfer.The City shall notify the purchaser or assignee in writing of any violations or 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 or occupancy by the City until the requirements of such ur- dinance have been complied with. C. shall not convey,sell,or transfer its interest in the leased land without allowing the Lessee the opportunity to ac- quire the leased land unless the conveyance,sale,or'transfer is to a governmental entity with the power to condemn the property for the purpose it is acquired.All transfers shall be subject to the competitive bidding laws of the State of Texas 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 of years remaining in the term of this lease. E. have the right to 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 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 specifically authorized by the provisions 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 of the leased land,and that the City will defend the Lessee in such quiet enjoyment and peaceful possession during the term of this lease. G. The City Manager shall review this lease prior to each fifth anniversary and shall make recommendations to the City Council regarding extensions. V.LESSOR'S OPTIONS The City of Fort Worth may,in the event that Lessee shall give notice to the City that a financial hardship exists in the payment of rentals due hereunder,the City Manager may waive any portion of that year's rent after consideration or said hardship.Lessee shalt 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 Lessee's im- provements and such unpaid rents shall bear interest at the current legal rate. VI.LESSEE'S OPTIONS Lessee may: A. sell,assign,or sublet this lease or remaining term thereof. B. construct new structures and enlarge existing structures on the leased land provided that such construction is in accordance with all applicable City 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 City Codes and Ordinances. D. terminate this lease without reimbursement for Lessee's structures and improvements at any time by giving the City 30 days notice of intention to terminate. V1I.EXPIRATION OF LEASE A. Upon expiration of the term or this lease the City shall pay to the Lessee an amount equal to the then m2rkes 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 final 35 years of the lease term will be a pro rata 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 100%of the market value of the new structure and the enlargement to the existing structure. B. Replacement or all or part of structures destroyed in whole or in part by fire,explosion or act of God are deemed 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 improvements as defined above upon possession of the property.Acceptance or the amount offered by the City does not forfeit Lessee's right to dispute the amount paid,nor shall any acceptance constitute a waiver of any legal remedy Lessee may have to determine market value,to the event that a court of competent jurisdiction determines that the amount paid to the Lessee by the City is in excess of market value of such structures or improvements,the Lessee shall promptly refund such excess to the City. 2. ---- - -- - - - Page-1e of 11 -- ----- - - VIII.TERMINATION 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 Lessee does not take action 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 personal property within 90 days from the date of lease termination by default,and shall vacate the leased land at the end of said 90 days.All such property 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 1.5179 per month shall be added to the amount due. D. Upon termination of this lease or expiration of the term 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 and all structures and improvements for which no reimbursement is made under the terms of this lease. IX.MORTGAGES A. So long as no default exists under the terms of this lease,the Lessee or any Assignee may mortgage his leasehold estate and improvements situated thereon to secure a loan or 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 be in every respect subject,subservient and subordinate to all the conditions 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 improvements and structures on the leased land,the City shall give notice to the mortgagee as is required to be given to the Lessee,and said mortgagee 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 same right and power to assign this lease,in conjunc- tion with a trustee's sale or transfer to satisfy Lessee's obligation to a mortgagee,as does the Lessee under the terms of 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. F. The City shall be required to give such notice only if the mortgagee has,in writing,informed the City of its in- terest and has supplied an address for said nutice. 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.hereinafier made by the Lessee on the leased land shall be the property of the Lessee. X1.SUCCESSORS IN INTEREST A. In the event of the death of a Lessee,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 may be assigned as provided above,and any Assignee shall assume the duties and liabilities as set out above. XII.VENUE Venue of any action brought hereunder shall lie exclusively in Tarrant County,Texas. X111.NOTICE A. Any notice required under this lease,unless otherwise specified,shall be given by depositing in the United States Mail as certified mail,postage prepaid,addressed to the: 1. Lessee's or Assigner s at the address siivwn on uhis tcd,c,:,.:c;;;aid Lessce or Assigree has furnished to the City,in writing,instructions to mail notices to another address; 2. City Manager of the City 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. XIV.CONCLUSION This instrument represents the entire agreement between the parties concerning the]easing of the leased land and 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 concerning the leased land or property situated thereon are superseded by the terms of this lease. EX CUTED at Fort Worth,Tarrant County,Texas,this day of � u 198-7 3. Page 11 of 11 ATTEST: CITY OF FORT WORTH City Secretary r AP)PROYED l AMANDLE City Attorney w Lessee Vivian L. Harbison 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 vmOth ��I}7,a` ez ,known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same as jheact anddeedof the City of Fort Worth,a municipal corporation of Tarrant County Texas,and as thereof,and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A.D.,19Q_ Notary Public in and for the State of Texas My Commission Expires: �j2 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 ViViAN L. HARMON 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 day of Fehrl sry A.D. 1982.-. Notary Public in and for Rimy, '16tiliftl Gy/the State of Texas My Commission Expires: —�� o -/ 4.