HomeMy WebLinkAboutContract 50877 CITY SECRETARY
CONTRACT NO._S_
LEASE AMENDMENT
TO LAKE WORTH RESIDENTIAL LEASE AGREEMENT
This LEASE AMENDMENT TO LAKE WORTH RESIDENTIAL LEASE AGREEMENT
("Amendment")is entered into by and between Evelyn Torres ("Tenant") 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 L.G. Ponder, the
original lessee under the Lease Agreement for property located at 9882 Lake Haven Circle, with a legal
description more particularly described as Lot 12,Block 25,Lake Worth Lease Survey,Fort Worth,Tarrant
County, TX(the"Leased Premises"), said Lease attached hereto as Exhibit"A"; and
WHEREAS, the lease was amended in City Secretary Contract Number#300670 to correctly identify the
Leased Land as Lot 12, Block 25, Lake Worth Lease Addition to the City of Fort Worth, Tarrant County,
Texas, as shown on the plat recorded in Cabinet A, Slide 7417,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 fifty year term ending on January 31,2032;
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
PM 1 2 3 ased Premises under the Purchase and Sale Agreement, and the parties desire to amend the Lease to
A P for such terms.
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_� CITY SECRETARY
CrIJ.SE�y O�ALease Amendment 9882 Lake Haven Circle 1
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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. EXPIRATION 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 9882 Lake Haven Circle 2
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
f
By:
Jesus Chapa, Assistant City—NKnager
APPROVED AS TO FORM AND
LEGALITY:
4-aav ,01,M4,
ssistant C1 1-Y Attorney
M&C: L-1594
1295: NA
of F0
ATTEST:
ity Secrtq/,T '
xas
City of Fort Worth Contract Com 1Vlanager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract,
including ensuring all performance and reporting requirements.
sc
Name of Emplo e: Lester England
Title: Sr. Land Agent
TENANT:
L o���� �n rr �k
Print Name: Evelyn Torres Printed Name:
F(ON�'� OFFICIAL RECORD
Lease Amendment 9882 Lake Haven Circle CITy$ECRETARy 3
FT. WORTH9 TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the_`day o f� --, 2018,by_Jesus
J. Chapa, Assistant City Manager of the City of Fort Wort , a Texas municipal
corporation, on behalf of that entity.
MARIA S.SANCHEZ
. ._ My Notary ID#2256490
.zZF Expires December 19,2021
Not ry Public
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, personally appeared Evelyn Torres on this
day, known to me to be the person whose name is subscribed to the foregoing Lease
Amendment, 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
2018.
`,Pwv PV6 LESTER EUGENE
P ENGLAND
Notary5
Public, State of T�:xos jr
MV Commission Expires
June 28, 2018
Notary Public
Lease Amendment 9882 Lake Haven Circle 4