HomeMy WebLinkAboutContract 50872 8910r
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LEASE AMENDMENT
a V�\<J� TO LAKE WORTH RESIDENTIAL LEASE AGREEMENT
LE AMENDMENT TO LAKE WORTH RESIDENTIAL LEASE AGREEMENT
2� ("Am ent")is entered into by and between Mark W. Schneberger and Dennis D. Schneberger
.J01 J-9nt")and City of Fort Worth,a Texas home rule municipal corporation("Landlord").
WHEREAS, Landlord entered into a ground lease ("Lease") on February 1, 1982 with Da. 1} a Spain, the
original lessee under the Lease Agreement for property located at 8148 Heron Drive, with a legal
description more particularly described as Lot 9 Block 31, Lake Worth Lease Survey, Fort Worth,Tarrant
County,TX(the"Leased Premises"), said Lease attached hereto as Exhibit"A";
WHEREAS, the Lease was amended in City Secretary Contract to correctly identify the Lease Land a
Lots(s) 9, Block 31, Lake Worth Leases an addition to the City of Fort Worth, Tarrant County, Texas, as
shown on the Plat recorded in Cabinet A, Slide 9382, Plat Records,Tarrant County, Texas; and
WHEREAS, through assignment(s), the Lease is now between Landlord and Tenant for the Leased
Premises, and such Lease has a 50 year term ending on February 1,2032;
WHEREAS,pursuant to Section 272.001(h)of the Local Government Code,Landlord is authorized to sell
the property to the person leasing the land for the fair market value of the land as determined by a certified
appraiser;
WHEREAS, Landlord and Tenant desire to effect a sale of the Leased Premises from Landlord to Tenant
under Section 272.001(h) of the Local Government Code for the fair market value of the land, and,
contemporaneously with this Amendment,is entering into a Purchase and Sale Agreement for the purchase
of the Leased Premises by Tenant within eighteen (18) months of the execution of the Purchase and Sale
Agreement; and
WHEREAS, the existing Lease does not provide for terms of disposition of the Leased Premises in the
event of a sale or for the terms of the termination of the Lease in the event of a failure to purchase the
Leased Premises under the Purchase and Sale Agreement, and the parties desire to amend the Lease to
provide for such terms.
Lease Amendment 8148 Heron Dr .
FOFFICIALECORD Page 115
ETARYH,TX
NOW THEREFORE, in consideration of the mutual agreements herein and other good and valuable
consideration,the parties agree as follows:
1. Term. The term of the Lease is hereby amended to end upon the closing of the sale of the Leased
Premises under the Purchase and Sale Agreement, which shall occur within eighteen(18)months
after the Amendment Effective Date("Closing Deadline"). If the closing of the sale of the Leased
Premises has not occurred by the Closing Deadline,this Lease shall expire on the Closing Deadline.
2. Expiration of Lease. Section VII EXPIRATION OF LEASE is hereby deleted in its entirety and
replaced with the following:
"VII. EXPR ATION OF LEASE
A. Any buildings, improvements, additions, alterations, and fixtures (except furniture and
trade fixtures)constructed,placed,or maintained on any part of the Leased Premises during
the lease term are considered part of the real property of the Landlord and must remain on
the Leased Premises and become Landlord's property when the Lease terminates.
B. Before the Lease terminates, Tenant shall remove all personal property, furniture,
machinery,or equipment in,under,or on the Leased Premises.Before the Lease terminates,
Tenant must repair any damage to any buildings or improvements on the Leased Premises
resulting from the removal.Any such items not removed by the lease termination date will
become Landlord's property on that date."
3. Ownership of Improvements. Section X OWNERSHIP OF IMPROVEMENTS is hereby
amended by adding the following sentence at the end of the Section: "Upon expiration of this
Lease through the closing of the sale of the Leased Premises under the Purchase and Sale
Agreement, Tenant shall retain all right, title, and interest in the improvements on the Leased
Premises; however, upon the expiration of this Lease without a closing of the sale of the Leased
Premises under the Purchase and Sale Agreement, all right,title, and interest in the improvements
on the Leased Premises shall vest in Landlord without further payment by Landlord to Tenant for
the improvements, and Tenant shall not have any right to enter upon the Leased Premises."
4. Continued Terms and Provisions. All of the terms and provisions of the Lease between the
parties shall remain in full force and effect except as specifically amended herein.
Lease Amendment 8148 Heron Dr .
Page 215
Lease Amendment 8148 Heron Dr .
Page 315
Executed to be effective as of the date this Amendment is notarized by the City
("Amendment Effective Date").
LANDLORD:
CITY OF FORT WORTH,TEXAS,
a Texas municipal corporation
By:
Jesus Chapa, Assistant City Manager
APPROVED AS TO FORM AND
LE ALITY:
Assistant City Atto ey
L-15964 'OR-
ST:TT
sh ity Secretary U
City of Fort Worth Contra om li ng-M ager:
By signing I acknowledge that I rson responsible
for the monitoring and administration of this contract,
including ensuring all performance and reporting requirements.
Name of Employe . Lester England
Title: Sr. Land Agent
TENANT:
B
Mark W. Schneberjzer
B :
rFTFICIAL
RECORD
Dennis D. Schneberger SECRETARY
WORTH,TX
Lease Amendment 8148 Heron Dr .
Page415
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the LT-day o 2018, by Jesus
J. Chapa, Assistant City Manager of the City of Fort Worth, a Texas m icipal corporation, on
behalf of that entity.
MARIA S.SANCHEZ
My Notary ID#2256490
t ires Dp�Isefdo
•...• cen bsr 19,2021
Nota Public
STATE OF TEXAS §
COUNTY OF TARRANT §
vo
This instrument was acknowledged before me on the y of 2018, by Mark W.
Schneberg_er.
`a•"ass,,, LESTER EUGENE ENGLAND
�= Notary Public,State of Texas
My Commission Expires
June 28, 2018C:%ez�VLX.'.r—
Notary Pu is
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the A day of 2018, by Dennis D.
Schneberger.
••`�aY LESTER EUGENE ENGLAND
Notary Public,State of Texas
=� My Commission Expires
June 28, 2018
(Se
Notary Pub is
Lease Amendment 8148 Heron Dr .
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