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HomeMy WebLinkAboutContract 15536 Ty 4+3 li CIT` SCRETAI �Warriri,+� r ���� LEASE MODIFICATION AGREEMENT Texas Nl ;©: al Gard ARMORY 130ARD THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § This modification agreement is made this the zo day of Feb\-"AR� 1 1987, by and between the CITY OF FORT :NORTH, a .municipal corporation of the State of Texas, acting herein by and through its duly authorized City Manager and attested by its City Secretary (hereinafter referred to as "Lessor"), and the TEXAS NATIONAL GUARD ARMORY BOARD, a body politic and corporate of the State of Texas, acting herein by and through its duly authorized Acting Executive Director (hereinafter referred to as "Lessee"): W I T N E S S E T H: WHEREAS, the parties hereto previously entered into a written lease agreement for a term of ninety-nine (99) years, commencing on the 24th day of June, 1954, and ending on the 23rd day of June.. 2053; and WHEREAS, Lessee has complied with all obligations, duties and responsibilities imposed on it under the lease agreement; and WHEREAS, Lessee is desirous of securing the right to use additional adjacent property for a helipad and parking facilities; and WHEREAS, the leased property is in the area of the City of Fort Worth known as Cobb Park; and WHEREAS, the City of Fort Worth is desirous of making additional parking facilities in Cobb Park available to its citizens; NOW, THEREFORE, for and in consideration of the sum of ©tie doIiAP_ pe-v- Ye Ak DOLLARS ($ N. oo ). --T cash, the receipt of which is hereby acknowledged and confessed, and the covenants and conditions hereinafter recited, Lessor, as a modification or extension of the area previously leased, does hereby lease, let and demise to Lessee the property described as follows: W51 . .n3 Fes,.>• �:['•�::'i? Being all of that certain tract or parcel of land lying]@ezaso Nasional Guard and being situated in the John Davis Survey, A-418, ARMORY BOARD Tarrant County, Texas, described more specifically in Exhibit "A" attached hereto and incorporated by reference herein for all purposes. TO HAVE AND TO HOLD said premises for a term in conformity with that specified in the lease hereby modified, commencing on the date of the execution of this amendment and ending on the 23rd day of June, 2053, upon the following terms and conditions: 1. Lessee agrees and acknowledges that any parking areas and any other unfenced areas on or within the leased premises may be used for parking by the general public in connection with the lawful use of Cobb Park to the extent that said parking areas and other unfenced areas are not being used by Lessee. II. Lessee hereby agrees that at the termination of this lease, either by forfeiture or for any cause whatsoever, any and all improvements, structures and fixtures located on said demised premises shall become the sole property of the Lessor. III. Except to the extent modified hereinabove, the terms of the original lease dated June 23, 1954 shall be controlling as to the rights of the parties hereto. IN TESTIMONY WHEREOF, the parties have hereunto subscribed their names this the .204:t� day of Fc�bruA1ztil 1987. CITY OF FORT WORTH, TEXAS y / Y Manager ATTEST: X4� /4;Iel� , City Secret6ry 2 APPROVED AS TO FORM AND LEGALITY: Texas Natia>7zl Guard ARMORY BOARD City Attorney TEXAS NATIONAL GUARD ARMORY BOARD f By �\ John Hille Acting Executive Director THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared 1)sayrd A , -Tyoey I City Manager of Fort Worth, aunt County, exas, 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 consideration therein expressed, and in the capacity therein stated. „y,, GIVEN UNDER MY HAND AND SEAL OF OFFICE this the o?D'• day of 1987. MICHAELE.PYLES Notary Public.State of Texas .� My Commission Expires Notar ub is io and 16r the State of Texas THE STATE OF TEXAS § COUNTY OF TRAVIS § BEFORE ME, the undersigned authority, on this day personally appeared JOHN HILLE, Acting Executive Director of the Texas National Guard Armory Board, 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 consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 4th day of March 1987• Notary is to and Tor the State of Texas 3 �-'ty ®f Fort Worth, ` xas Mayor and Council Communication DATE REFERENCE SUBJECT: EXPANSION OF LEASE SITE-TEXAS PAGE: NUMBER NATIONAL GUARD ARMORY BOARD COBB PARK , of 1_ 5-20-86 **L-8867 Recommendations: 1. It is recommended that the council approve the leasing of an 11.771 acre site out of Cobb Park to the Texas National Guard Armory Board: 2. It is further recommended that the term of the lease be .for 50 years at a rate of $1.00 per year. Background: The Texas National Guard Armory Board has requested that their Cobb Park Armory site be enlarged from 8.5 acres of land to 11.5771 acres of land. The re- quested additional land is not being utilized by the Park Department nor the public. The current lease covering the armory site was executed June 30, 1954, and the term is for 99 years. The original is on file with the City Secretary as Contract No., 7817. The Park and Recreation Department has given their approval for a 50 year lease at $1.00 per year on the expanded armory site with the understanding that the new lease is to clearly state that the parking areas and any other unfenced areas should be available for use by the public at Cobb Park when not being used for parking by Texas National Guard members, employees or visitors. Plans for development of the lease site would be subject to prior approval of the Park and Recreation Director, the Development Department and other City depart- ments as appropriate. All activities at the lease site, including aviation,. would be subject to applicable portions of the Code of the City of Fort Worth. DI :slmc SUBMITTED FOR I CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: - APPROVED ORIGINATING _ OTHER (DESCRIBE) i DEPARTMENT HEAD: Michael Pyles EB Lr CITY SECRETARY FOR ADDITIONAL INFORMATIONMichael E. Pyles 8362 CONTACT: DATE FIELD NOTES FOR TEXAS NATIONAL GUARD ARMORY BOARD LEASE SITE OUT OF COBB PARK A parcel of land out of the John Davis Survey Abstract No. 418, also being a portion of a tract conveyed to the City of Fort Worth by deed recorded in Volume 2073, Page 282, Deed Records, Tarrant County, Texas and also being a portion of Cobb Park, more particularly described using the Texas Coordinate System, North Central Zone, coordinates and bearings as follows: BEGINNING at the southwest corner of Lot 15, Block 6, Avalon Heights Addition, according to plat recorded in Volume 309, Page 377, Plat Records, Tarrant County, Texas, the coordinates of said beginning point are X : 2,064,541 .70, Y = 384,403.53; THENCE: South 27 degrees 41 minutes East along the westerly line of Blocks 6 and 7, Avalon Heights Addition, 800 .28 feet; THENCE: North 89 degrees 43 minutes 02 seconds West 526.38 feet to a point in the northerly right of way of U. S. Highway No. 287; THENCE: North 53 degrees 41 minutes 56 seconds West along said right of way 292.44 feet (Cobb Park Plat calls for 293.99) ; THENCE: North no degrees 16 minutes 19 seconds East along the easterly line of a tract conveyed to Tarrant County Water Control and Improvement District No. 1 , by deed recorded in Volume 2457, Page 624 , 177.94 feet to its northeast corner; THENCE: North 89 degrees 43 minutes 41 seconds West along the northerly line of said T.C.W.C. and I .D. No. 1 tract 244.65 feet to a point in the northerly right of way of U.S. Highway No. 287; THENCE: North 53 degrees 41 minutes 56 seconds West along said northerly right of way 130 .78 feet; THENCE: North 1 degree 47 minutes 26 seconds West 268.4 feet; THENCE: North 89 degrees 22 minutes 34 seconds East 747.89 feet to the place of beginning and containing 11 .5771 acres (504,300.68 square feet) of land more or less. 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