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HomeMy WebLinkAboutContract 51731-A1 CITY SECRETARY CJNTRACTNO. 51 3I' PI LEASE AMENDMENT TO LAKE WORTH RESIDENTIAL LEASE AGREEMENT This LEASE AMENDMENT TO LAKE WORTH RESIDENTIAL LEASE AGREEMENT ("Amendment') is entered into by and between Carol Nuckols ("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 Robert M. Hensley, the original lessee under the Lease Agreement for property located at 9332 Watercress Drive, with a legal description more particularly described as Lot 29&30,Block 20,Lake Worth Leases Addition,Fort Worth, Tarrant County, TX(the"Leased Premises"), said Lease attached hereto as Exhibit"A"; 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 Leased Premises under the Purchase and Sale Agreement, and the parties desire to amend the Lease to provide for such terms. NOW THEREFORE, in consideration of the mutual agreements herein and other good and valuable consideration,the parties agree as follows: �rOFFiCIAL RECOW)JAS 2019 Ef 1�rCITY SECRETARY nYOHFRT , TX%iiY SECRETARY 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. 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 corpor ion By: Jesus J. Ch pa, ssistant City Manager Ce-/Z!` 9 APPROVED AS TO FORM AND LEG ITY: A sistant City Attorn M&C: L-159fid 1295:N/A i�QRT�O ATTEST: v' ty ecret 1 EX�cg City of Fort Worth Contract Compliance Manager: 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. Z�� ZLN e of Employee: Rick Salazar Title: Sr. Land Agent TENANT: Printed Name: and J�,� p Printed Name: OFFICIAL RECORD CITY SECRETARY! FT. WORTH,TX STATE OF TEXAS § COUNTY OF TARRANT § nn Thi . instrument was ac nowledged before me on the� day of&Ow -,_2018, by 9C(( Ilt n �5 6�-� -'' - of the City of Fort Worth, a Texas municipal corporation, on b half of that Jntity. rPAV s MARIA S.SANCHEZ MY Notary!D#2256490 ExplrOs f� oembor 19,2021 Nota v Public STATE OF TEXAS § COUNTY OF TARRANT § Th*s instrume t w s acknowledged before me on the 4f day of , 2018, by PSB RICARDO SALAZAR II . Notary Public-State of Texas Notary ID #128185720 (Seal) OF Commission Exp.FEB.25,2022 Notary Vublic STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of 2018, by (Seal) Notary Public OFFICIAL RECORD CITY SECRETARY FT W0111'x,T !, Exhibit A LEASE AGREEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § 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 DAVID MRT ,its duly authorized Ass'tCity Manager,and ROE" X- EMS= ,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: =j I.02. 29, BWa 20, L&I,-- WORTH H LEASE SMMYs AKAe 9324 Watercress Drive U.TERM The term of the lease shall be 50 years commencing Fei n�9 1984 and ending =r Jam. 31, 2034 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 f extension. l: =I 3 M.LESSEE'S RIGHTS AND OBLIGATIONS Lessee shall: A. pay annual rent to the City of Fort Worth in the sum of$ 202%25 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 Fon 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(8010)of the change in the annual average of the Consumer Price Index U.S.City Average,"all items"index,all urban consumers (CPl-U)from the annual average for the previous calendar year,as published by the Bureau of Labor Statistics for the United States Denartment 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 Ieased 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 lard by Lcssze, his guests a invitees. I. 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 Lessee or anyone or,his behalf. J. provide and maintain suitable methods and means for the disposal of trash,body waste,and excreta,ip 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 or the premises. M. not keep or permit any animals on the leased premises other than domesticated dogs and cats. IV.LESSOR'S RIGHTS AND OBLIG-710 .,, 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 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 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;ri 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 te--ninate. VII.EXPIRATION OF LEASE A. r Tnpn __ -__-_cf:1:L ,,,;f t...S!=c City" ,..iu pay iu the Leasee an amount equal to the then market 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 100010 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 n.;.i c.a..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. 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 tnia 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 1.5010 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 Ieasehold estate and improvements situated thereon to secure a loan or loans of money actually made,or that will be mzdc.or any extension or renewal of the same. r 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. 4 C. In the event of a default that could result in the termination of this lease without reimbursement to Lessee for the t` improvements and structures on the leased land,the City shall give notice to the mortgagee as is required to be given to iF �i 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 notice. 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. XIII.NOTICE A. Any notice required under this lease,unless otherwise specified,shall be given by depositing in the United States Mail as certi5ed mail,p ;x6 prepaid,addressed to thc: 1. Lessee's or Assignee's at the address shown on this lease unless said Lessee or Assignee has furnished to the City,in writing,instructions to mail notices to another address; ? City Manaser 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 Teases,assignments,or agreements of any nature concerning the leased land or property situated thereon are superseded by the terms of this lease. EXECUTED at Fort Worth,Tarrant County,Texas,:hi< _ _L5Td ..__ _—day of Oabober- 3. ATTES CITY OF FORT WORTH By City Secreta:3 APPROVED AS`T'O f PIRMAND LEGALITY: f*✓City Attorney Lessee Rohe-t P;. Hcns'•2 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 -' VID IVORY 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 the act and deed of the City of Fort Worth,a municipal corporation of Tarrant County Texas,and as "s�t v 1--nal7u 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.,198Y., Notary Public in and for the State of Texas i My Commission Expires: a�—R�E 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 MEZ221 :�• BENSIEf ,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_ 25=d day of e) .rber A_D. 1984. Notary Public in and for FIMS3. BatZp„ the State of Texas My Commission F-Tires: 10vember 30t 4985 4. Jrs�S p seilod o LEASE AGREEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § 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 Morris C. Matson its duly authorized sst. City Manager,and Gerald A. McLaughlin/ .,Lessee,hereby make and enter into the following lease agree- ment. Dolores L. McLaughlin 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 td-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: (Subject to ADDENDUM attached hereto) LOT 30, BLOCK 20, LAKE WORTH LEASE SURVEY ARA 4332 6latercress Drive II.TERM The term of the lease shall be 50 years commencing Fehr y 1. l qS9 and ending January 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. III.LESSEE'S RIGHTS AND OBLIGATIONS Lessee shall: A. pay annual rent to the City of Fort Worth in the sum of$ 564-00 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(800k)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. 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,ciaim or charge imposed upon dic icascd iduu 01 ruing as a result of any conduct or activity by the Lessee or anyone on his behalf. 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 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 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 ;hall 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. n* c �'Ii.EXPIRA 1LIC1\ V/�l LEASE A. Upon expiration of the term of this lease the City shall pay to the Lessee an amount equal to the then market 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 100010 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 cf :ie a,::,,unt off,:red 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. 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 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 notice. 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. 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 address shown on this lease unless said Lessee or Assignee has furnished to the City,is writing,ir-strec6nris 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 property situated thereon are superseded by the terms of this lease. E CECUTED at Fort Worth,Tarrant County,Texas,this day of ,1982- . 3. ;f ~t CIT4FR. FORTH By I •r APPIZQV£$}�fS�TQ FaRIt3"AND LEGALITY: ity Attorney" Lessee Gerald A -McLaughlin E STATE OF'I;EXAS' § Dolores L. McLaughlin ; COUNTY OF TARRAN'T§ BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texas,on this day personally appeared s �n rYl�An `7 Zra'ate ,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 the act and deed of the City of Fort Worth,a municipal corporation of Tarrant County Texas,and as ' therepf.,4t''d'Tbe,the.purposes and consideration therein expressed and in the capacity therein stated. U gdki.'I4 Y:HAND AND SEAL OF OFFICE this day of tir Notary Public in and for the State of Texas My.CommgsfoA Expires: -aZ — Y6 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_ Gerald A. McLaughlin & Dolores A. McLaighhnknown tome 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 thereinexpressed. �I PNDER MY HAND AND SEAL OF OFFICE this day of__% , A.D. L7 _ l l r i,- �,•, f��; Notary Public in and for f/%'/c �� �✓ S r4:T-. •• -�F,� the State of Texas My Commission Expires: X5 4. A D f F N D U M T O L E A S E A G R E E M E N T THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COLi�TY OF TARRANT X Paragraph IV of the foregoing Lease Agreement is amended to include, in addition to all of the provisions contained therein, the following supplemental and additional provision: H. Have the right to terminate this Lease as to the portion of the leased land which is nearest to the water and which is separated from the remainder of the leased land by a public roadway. Such portion of the lease 3 nand ere1�after water rout land), is shown on Exhibit 'A', which is attached hereto and incorporated herein. Lessor may terminate the Lease to the waterfront portion of the leased land on any anniversary date of this Lease after February 1, 1992, by giving thirty (30) days written notice. Lessor shall pay to Lessee the market value of any structures and improvements located,. on the waterfront land when the Lease is terminated, except for water wells, septic tanks,' or other sewage disposal devices. For any water well, septic tank, or other sewage disposal device, the City shall pay ,the higher of either market value of those improvements or the cost to relocate those improvements onto the remaining portion of the leased land, or as an alternative to such payment, connect, at the City's expense, the water and/or sewage facilities of the structures on the remaining portion of leased land to an existing system for those services. At the time the Lease is terminated as to the waterfront land the annual rent upon the remaining portion of leased land shall be 60 % of the rent on the entire leased land for the previous year. Acceptance of any 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 or replacement value. In the event that a court of competent jurisdiction determines that the amount paid to Lessee by the City is in excess of market value, the Lessee.shall promptly refund any excess to the City. EXFOUTED.atyFort Worth, Tarrant County, Texas this day of 1982. ATTESTi.- '• �, CITY OF FORT WORTH City eEkgtfar APPROVED An `IQ,FORM AND;L•GALITY: , City Attorney Lessee Gerald A. McLaughlan STATE OF TEXAS Dorothy L. McLaughlin COUNTY OF TARRANT X BEFORE ti, the undersigned authority, g y, on this day personally appeared � �y-.- ] _ _ known to me to be the person whose name is subscribed to the foregoing instru— ment, and'''ac�now�edged to me that he executed the same as the act and deed of the City of Fort Worth l474unlywil corporation of Tarrant County, Texas,and as C?ia- �fi� /J �. thereof, and f6 the purpo�es and consideration therein expressed and in the capacity th ein stated. / a. `G)SEN UNDER MY HAND AND SEAL OF OFFICE this cam: day of -(/ .' A.D. 198. . •: -! , / Ny Cogiaission Exp'As: �cTJ�Y Nntary Pnhlic in and for Tarrant County, Texas c STATE OF TEXAS X t.(IINTY NT X %undersigned authority,on this day personally appeared Gerald A. XcLaa£hlin 1' rT known to me to be the person(s) whose name is su. • r o+ ._r?going instrument, and acknowledged to me that he/they executed the same for=M4e pa pos�s and consideration therein expressed. _41A W UNDEH AND AND SEAL OF OFFICE this day of A.D. 19 My CommiSsigp,Expres: Notary Public in and for Tarrant County, Texas THE STATE OF TEXAS X COUNTY OF TARRANT X On the Sth day of June , 1982 , the City of Fort Worth, Ase=t acting by and through it§/City Manager, entered into a certain agreement with GFaLM A. McLILUGHLIN, et ux, DOLORES L. MaJAUGHLIN whereby the said City, acting through said City Manager, leased for a period of 50 .,years , Commencing on the lot day of ;"Q:ruarS , 198_, and ending on the 318t day of January xWp 2the following described property: Lot 30 , Block 20 , Lake Worth Lease Survey And; WHEREAS, the said lease agreement contained certain covenants and conditions and was for a consideration of FiV& Hundred Sixty--Four aAd Ng/100 — — — — Dollars ($564.00 ) per year, and WHEREAS, the above named original lessee has assigned said lease to: Ji=y Bush, et ux, Sandra Bush, who now assigns said lean* to ROE= HERS NOW THEREFORE, The City Council of the City of Fort Worth, acting by and through the City Manager, does hereby consent to the assignment of the above described lease from TIMMY HUSH, et ux, SANDRA HUSH , to ROURT HENSLEY , and the said LESSEE , in the consideration of such consent and of the leasing to (him) 7034 t) of the above described premises, does hereby in all things assume all obligations contained in said original lease and does agree, covenant, promise to perform and abide by all the terms and conditions of said lease. As fee for this transfer and assignment, Assignee agrees to pay to the City of Fort Worth in advance the amount of $700.00. EXECUTED at Fort Worth, Tarrant County, Texas, this /9 —'' day of 19 azz k �l J }us Assignor sal7drg Ht18h Robert Hensley 4slignee CITYYQF'FORT1WORTH r BY: ti Assit City Manager THE STATE OF TEXAS X COUNTY OF TARRANT I BEFORE ME, the undersigned authority, on this day personally appeared JIM BUSHY at ux, SANDRA BASK , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this /9 day of �IA�I A. D. 19� s�YclQJ Notary Public in and for Tarran County, Texas THE STATE OF TEXAS X COUNTY OF TARRANT I BEFORE ME, the undersigned authority, on this day personally appeared ROBERT HEMLEY , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this �� day of A. D. 19,6tl . /%ia. dw-6�� 'Rotary Public in and for Tarrant County, Texas THE STATE OF TEXAS X COUNTY OF TARRANT X BEFORE ME, the undersigned authority on this day personally appeared 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 the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, and as City Manager thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. {,� GIVEN UNDER MY HAND AND SEAL OF OFFICE, this a fI day of A. D. 19. Notary Public in and tor Tarrant oun y, Texas D189045764 REAL_ PROPERTY MANAGEMENT 1000 THROCKMORTON ST FT WORTH, TY. 761012 --W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD---D 0 N 0 T D E S T R O Y F I L E D ---- T AR R A N T C 0 U N T Y T E X A S S U Z A N N E H E 1-4 D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T.O. CITY OF FORT WORTH RECEIPT NO REGISTER PRINTED DATE TIME 189130183 DR93 03/22%89 15: 52 INSTRUMENT FEECD AMOUNT FILED TIME 1 D189Oa576a WD 7. 00 890322 15: 52 CA T 0 T A L DOCUMENTS 01 F E E S- 7. 00 E Y - ANY PROVISION WHICH RESTRICTS THE SALE. RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNFORCEABLE UNDER FEDERAL LAW. bT-W1J& OF TEXAS S r. ` COUNTY OF TARRANT S ASSIGNMENT WHEREAS, on the _3141; day of 19W the City of Fort Worth, acting by and. through its duly authorized Assistant City Ma ge , entered into a certain lease agreement (the Lease) with , whereby the City of Fort Worth leased fora pFeriod of D years, months, commencing on the A_ day of , 19 f2; , and ending on January 31, 2032, at an annual rental rat of 5a2Zg-';!1 subject to the adjustments set forth in the Lease, the following described property: LotS ,t 4 , Block -. D _, Lake Worth Lease /S�]�rvey, Tarrant County, Texas, and otherwise known as 93.31 UJCl�,tc� A copy of the Lease is attached hereto as Exhibit A and incorporated herein by reference as if set forth in full. D W ER S, the current LESSEE(S) under the Lease ASSIGNOR(S) , desire to assign the ', Le a to , ASSIGNEE(S) , pursuant to the provisions of Section IV(A) thereof. NOW THEREFORE, the City of Fort Worth, does hereby consent to the assignment of the Lease from ASSIGNOR(S) , to ASSIGNEE(S) . As consideration for the assignment of the Lease, ASSIGNEES) hereby expressly accept(s) and assume(s) all obligations and liabilities of ASSIGNORS) under the terms of the Lease and agree(s) to be bound by all the terms, provisions and covenants thereof. acknowledges) receipt of Notice from LESSOR, that the ASSIG ) is/are in violation under the terms of the Lease with raegrArd to: inadequacy of current septic syst erving the lot inadequacy of current water _ serving the lot other Further, ASSIGNEESare E aware that ASSIGNEE will be required to cure the afo entioned violation within forty-five (45) days of the date he assignment or the Lease will be terminated by defa and ASSIGNEE(S) shall not be entitled to reimbursement by Page .1 of 3 E .. r- t _ �# . ASSIGN In addition, ASS IGR!!3(S) ac3mawledge(s) that LESSOR is not oh-ligated to extend the forty-five (45) day time period during which any violation under the Leas* 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 cause of action LESSOR may have against ASSIGNOR(S) in connection with their obligations or liabilities under the terms of the Lease. LESSOR'S consent to the assignment of tho Lease 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 ASSIGNORS) is/are not current on any and all obligations owed to LESSOR under the terms of the Lease, this Assignment if Null and Void and of no force and effect. ASSIGNEE(S) shall pay to LESSOR a one hundred fifteen dollar ($115.00) assignment fee to defer the administrative fees associated with this assignment. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the _L `�'� day of42h� LESSOR: The City of Fort Worth fbp_Assistant City Manager A88I T �` 1 ASSIGNEE: f t JJ f� JI Page 2 of 3 Q � 41 5 ,a COUNTY OF TARRArTi' BET , _.sUndersigned authority, L_,,esonally appeared knxmn to me to be Ae person(s) whose name(s) is/are subscribed to the foa;egoing 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 BAND AND SEAL OF OFFICE this day of ,T o�Pav_P�?c�VNIII;11101 9NGENIBAUGH i;� a� 3 N•3tvwy Public ikfi�OF TEXAS otary Public Si ..'6i Myr Comm.Exp.06/11/97 STATE OF TEXAS COUNTY OF TARF.Am the undersigned authority, personally appeared BEFORE j;, the , 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. ` • � �,4:,. GIVEN UNDER MY HAND AND SEAL .OFFICE this s�1"J a day< or 19 ,- r - Notaily Public = ' STATE OF TEXAS COUNTY OF TARRANT BEFO ME, the undersigned authority, personally appeared 4 0,S , known to me to be thLy 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. VIEN UNDER MY HAND AND SEAL Or OFFICE this day of _zr ---------------------- --- ANNA MARIE HERRERA Notary Public N �bNOTARY PUBLIC State of Texas Comm. Exp. 10-10-98 Page 3 of 3 . �•�c♦op�rl� J lk—MAY I4 (c D196082235 CITY OF FT WORTH 1000 THROCKMORTON REAL PROPERTY MANAGE FT WORTH, TX 76102 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 N 0 T D E S T R O Y I N D E X E D -- T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T 0: JAMES W COLLIER PC RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 196183779 DR91 T02131.6 04/30/96 11: 16 INSTRUMENT FEECD INDEXED TIME 1 D196082235 WD 960430 11 : 15 CK 654 T O T A L DOCUMENTS: 01 F E E S: 13 . 00 B Y: 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. 4 ASSIGNMENT STATE OF TEXAS $ COUNTY OF TARRANT 5 On the _1st day of February , 1984_, the City of Fort Worth, acting by and through its Assistant City Manager., entered into a certain lease agreement (hereinafter referred to as the "Lease") with Robert-M Hensley whereby the City leased for a period of 50 - , commencing on the 1st day of Fphruary , 1984 , and ending on the 31st day of ,lance^, 2014 1 at an annual rent of 202.2 subject to the adjustments set forth in the lease, the following described property: Lot Block Lake Worth Lease Survey, Tarrant County, Texas. A copy of the lease is attached as Exhibit "A" hereto. The current lessee, under the Lease, (hereinafter referred to as Assignor), desires to assign the lease to v,,7 2qs TffG'til�S pursuant to the provisions of Section IV(A) thereof. NOW THEREFORE, The City of Fort Worth, acting by and through its Assistant City manager, does hereby consent to the assignment of the lease from Robert M. Hensley (Assignor) to John R. Thomas (Assignee). Assignee, as consideration for the assignment of the lease does hereby assume all obligations contained in the lease and any liability arising thereunder and covenants and agrees to be bound by all the terms and conditions of the lease. Nothing contained herein shall be construed as a release of any claim or cause of action the City of Fort Worth may have against Assignor in connection with Assignor's obligations and liabilities under the lease prior to this Assignment. Should Assignor under this agreement be in default under the terms of the lease, Assignee shall be required to cure said default within the time period provided in the lease and in the notice of default mailed to Assignor by the City of Fort Worth, a copy of which is attached as Exhibit "B" hereto. The City of Fort Worth shall not extend the time during which such default may be cured and such time period shall not be considered altered or extended by virtue of this Assignment. The foregoing provisions .shall not apply to defaults in the payment of rent, penalty, or ad valorem taxes, and assignment of this lease is void and prohibited if any of the previously specified defaults in payment have occurred. Assignee shall pay the City of Fort Worth the sum of $115.00 to defer the administrative expense incurred by the City in con- nection with this Assignment of the lease. / EXECUTED at Fort Worth, Tarrant, County, Texas, this deo day of 19�. 41 Assignor Assignee CITY OF FORT WOR H BZ� David Ivory, Ass" tant Manager 3 L STATE OF TEXAS § COUNTY OF S BEFORE ME, , a Notary P b�ic in an for the State o Texas, on t s day personally appeared and , known to me to, be the personal whose name(4) is (4;s4 subscribed to the foregoing instru- mentand' acknowledged to me that (he) (AWW, executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of A.D., 191" f N tary Public in and for the State o Texas STATE OF TEXAS § COUNTY OF § BEFORE ME, , a Notary Public in and fora State of exas, on this day personally appeare :L and known to me t be the person(t) w se name( is (ate) subscribed to the foregoing instru- ment, and acknowledged to me that (he)(s") executed the same for the purposes and consideration. therein expressed. GIVEN UNDER., MY HAND AND SEAL OF OFFICE, this the day of A.D., 19 . tary Public in and for the State o Texas STATE OF TEXAS § COUNTY OF § BEFORE ME, ,�h� rleu / Pii'{�Q�� , a Notary Public in and for the State of Texas, on this day personally appeared 2Ay_/I-) Llokand , known to me to be the person(s) whose name(s) is (are) subscribed to the foregoing instru- ment, and acknowledged to me that (he)(she) executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the /b-[h day of A.D., 19i�_. Sin-za4=c "d Notary P 1 n and for SHIRLEY FERRELL the State of Texas uk, 'a of Texas My CpmmiSdon Etplr.a May 2,1992 STAM7 OF TEXAS 6 GITY OF FORT WORTH 5 Know All Persons by These Presents: AR REAL FkOPERTY1 ':COUNTY OF TARRANT 5 "99 JUN 24 P11 1 12 f WHEREAS, on the 112 day of I 9� the City of Fort Worth, by and through its duly,authorized Assistant City Manager, entered into a certain lease agreement (the Lease) with I - -.4 1,* M. ­31y2f F rt;Worth leased for a period of Sd oo , whereby the C years, months, commenciuipon the day of - c), and --tuding on at an annual rental rateof , subject to the �,Ikdjustmcnta set forth 14 the Yaase, the following described property: Lot(s) '29 �- -3 0 /Block -20 Lake Worth Lease Survey, Tarrant County, Texas, and otherwise known As -3 A copy of the Lease is attached hereto as Exhibit A and incorporated herein by reference as if set forth in full. AND WHERAS, the current LESSEES)wader the Leas /11(j— 4LAIU-fe ASSIGNOR(S), desire to assign the Lease to - 0--a.= i M t.( r.kx. --ASSIONEE(S), pursuant to the provisions of Section IV(A)thereof. NOW THEREFORE, the City of Fort Worth, does hereby consent to the assignment of the Lease from ASSIGNOR(S), to ASSIGNEE(S). As consideration for the assignment of the Lease, ASSIGNEE(S)hereby expressly accept(s)and assbmo(s)all obligations and liabilifts of ASSIGNOR(s)under the terms of the Lease,and agree(s) to be bound by all the terms, provisions and covenants thereof, I S --SIGNBB(S� isime awme, mid ackwWtCdrV,(0 L=Ipt Vf N110410 f[DUA MSOR, that d,,. Assie?;r-'o AQ r Is/are in n under the terms of the Lease with regard to: inadequacy o t septic system serving the lot, inadequacy of current w I serving the lot, _other_ Further, ASSIGN Sla&--re�aware that ASSIGNEE(S) will be required to cure the aforemention tion within forty JI will 'ntl 'be lb five=(45o the date of the assignment or the Lease will be terminated by default, and ASSIGNEES) s ed le ;&---wresmM by LESSOR far the ye4ae of the imprayements a.the property, if any. In addition, ASSIGNEE(S) acknowledge(s)that LESSOR is not obligated to extend the forty-five(45) day time Pe;riod during which any violation under the Lease must be cured. Nothing contained herein shall be considered ai,a.1tedftg or extending the forty-five(45)day time period or as releasing any claim or course of action LESSOR may,-ha ;a8mnst ASSIGNOR(S)in connection with their obligations or liabilities under the terms of the Lease. JUPd-18-99 FRI 1";50 1'+'1 r .L. pF;r;R Ni1`Ic, r • ,,1, �178;11'_:3f;i i �. i + n1 F' 9 LESSOR'S consent to the assigumi ent of the Lease is given with tate 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(S)is/are not current on any and all obligations owed to LES:OR under the terms of the Lease, this Assignment if Null and Void and of no force and effect, gSSIGNEE(S) shall pay to LESSOR a one hundred fifteen dollar($115.00)assignment fee to defer the administrative fees associated widi this assignment. l,> a � IN WITNESS WHEREOF, the parties hereto have ecuted this Agreement on the, day o + n LESSOR: The City of Fort Worth Anz Asisfant City Manager ASSIGNOR: ASSIGNEE: (Address) (Address) TK 17 (or O n (phone No.) (Phone Na.) / ,53 2 7 6 8 8 Q� 2 'UN-1c-09 FRI 1"'5 0 ?Ml REA' FFQF MNGT FAX ?`G, ;1 871, 6 F, STATE OF TEXAS COUNTY OF TARRANT § BEFORE ME, the undersigned authority,personally appeared `ETOL IVIW(G,(CO L. 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. `.l GIVEA UNDER MY NAND AND SEAL OF OFFICE this day of Z14 ,195 FEX.1i:li:J I( r s 111))}`(SSSy Notary Public ' STATE OF TEXAS COUNTY OF TARRANT I� I,-, t �BEFORE ME the u r i ned author t , personally appearedW1- I ayd C-1 AD X tel I UQ � ,` .i�� � `l. t-t� , known to me to be the person(s) whose naine(s) islare subscribed to the f�6r�e_"goi_ng 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. 141111 r p GIVEN U ER MY NAND AND SEAL OF OFFICE this- ` d�a'y ofl t- - - , 19 SARA J.BICi(F-L MY COMMISSION EXPIRES February 10,2003 lie (City of Fort Worth Use Only) STATE OF TEXAS S COUNTY OF TARRANT § �` BEFO ME, the undersigned authority,personally appeared � A.S ot,e� K(d /ec l - h5 oY1`2 r known to me to be the person and officer whose name is subscribed to the foregoing Agreement, aad 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 AL.OF OFFICE this day of - 19l _ CRISTY WALDEN public t W + STATEOF TEXAS Mr CO".Eta.03/30/M 3 SUSAN TEDDER, ADMINISTRATIVE TECHNICIAN .. ' '�"•`P:,�. :wo CITY OF FORT WORTH REAL PROPERTY MANAGEMENT 827 TAYLOR FORT WORTH, TEXAS 76102 GlTY OF FORT WORTH REALYj.. 99 JUL 28 pl, so r D199173305 My CITY OF FTW RPM / S TEDDER 927 TAYLOR ST FT WORTH TX 76102 lz - A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y I N D E X E D -- T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T O: AMBER STILWELL MEYER RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 199319506 DR92 D W 07/08/1999 14 : 26 INSTRUMENT FEECD INDEXED TIME 1 D199173305 WD 19990708 14 : 26 CK 438 T O T A L DOCUMENTS: 01 F E E S : 13 . 00 B Y: 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.