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Home My WebLink AboutContract 52771-A1 CITY SECRETARY ��✓�`��Q CONTRACT NO. 5917 I-A l 2� 20�9 G�G�'C15 FIRST AMENDMENT TO CONTRACT OF SALE AND PURCHASE This First Amendment to Contract of Sale and Purchase (hereinafter referred to as "Amendment") is made to be effective as of October 18, 2019, by and between the CITY OF FORT WORTH("Purchaser") and ROBERT K. WATSON GST EXEMPT TRUST("Seller"). WHEREAS, Purchaser and Seller entered into a Contract of Sale and Purchase dated August 27 ,2019 (the"Agreement"), for the purchase by Purchaser of 2220 Carleton Avenue, Fort Worth, Texas, as more particularly described and defined in the Agreement as the Property; WHEREAS, Purchaser and Seller desire to amend the Agreement to provide for the temporary tenancy by Seller on the Property for thirty (30) days after the closing of the sale, and to provide for the payment of relocation expenses following Seller's vacating of the Property. NOW THEREFORE, in consideration of the premises contained herein and in the Agreement and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Purchaser and Seller agree as follows: l. Section 8(a) is hereby amended by adding subsection(6), as follows: "(6) The parties shall each execute a Temporary Residential Lease, in the form attached hereto as Exhibit"C". 2. Each of the parties hereto represents and warrants to the other that the person executing this Agreement on behalf of such party has the full right, power and authority to enter into and execute this Agreement on such party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 3. Except as modified by this Amendment, all of the terms and conditions of the Agreement are ratified and remain in full force and effect. To the extent the provisions of this Amendment are inconsistent with the Agreement,the terms of this Amendment shall control. All terms used but not defined herein shall have the meanings ascribed to such terms in the Agreement. This Agreement may not be changed or modified nor may any of its provisions be waived orally or in any manner other than by a writing signed by the party against whom enforcement of the change, modification or waiver is sought. 4. This Amendment shall become binding and effective only upon the execution and delivery of this Amendment by both Purchaser and Seller.From and after the effective date hereof, the terms, covenants and conditions contained herein are binding upon and inure to the benefit of the parties hereto and their heirs, executors, administrators, successors and assigns. [signature page following] OFFICIAL RECORD �17Y SECRETARY FT WORT'HD Tx EXECUTED to be effective October 18, 2019 ("Effective Date"). CITY OF FOTT WORTH Kevin Gunn Interim Assistant City Manager ATTEST: APPROVED AS TO FORM AND LEGALITY: City Secretary Assistant City Attorney M&C: 19-0085 1295: Attached City of Fort Worth Contract'Co"mpliaZce Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuri all performance and reporting requirements. Name: Niels Brown Title: Senior Land Agent ROBERT K. WATSON GST EXEMPT TRUST Robert K. Watson, Trustee 2 EXHIBIT "C" TEMPORARY RESIDENTIAL LEASE [FORM ATTACHED] SELLER'S TEMPORARY RESIDENTIAL LEASE This Temporary Residential Lease is made and entered into effective , 2019, by and between the City of Fort Worth, a home rule municipal corporation of the State of Texas, acting by and through its duly authorized representative, Kevin Gunn, Interim Assistant City Manager ("Landlord") and Robert K. Watson GST Exempt Trust("Tenant"). 1. Premises. Landlord leases to Tenant the Property, as more particularly described in the Contract of Sale and Purchase dated , 2019 (the "Agreement") between Landlord as Buyer and Tenant as Seller, known as 2220 Carleton Avenue, Fort Worth, Texas(the "Leased Premises"). Tenant may use the Leased Premises only as a single-family residence and may not permit the Leased Premises or any part of them to be used for (a) conducting any offensive,noisy,or dangerous activity that would increase the premiums for fire or other insurance on the Leased Premises; (b) creating or maintaining a public nuisance; (c) anything that is against public regulations or rules of any public authority at any time applicable to the Leased Premises; or (d) any purpose or in any manner that will obstruct, interfere with, or infringe on the rights of other residents of the neighborhood. Tenant shall comply with all applicable laws, restrictions, ordinances, rules and regulations with respect to the Leased Premises. 2. Term. The Term of this Lease commences on 2019, and terminates at midnight on the thirtieth (30th)day thereafter(the"Term"),unless terminated earlier by reason of other provisions. This Lease terminates upon expiration of the Term or upon Tenant's default under this Lease. Tenant shall surrender possession of the Leased Premises upon termination of this Lease. Any possession by Tenant after termination creates a tenancy at sufferance and will not operate to renew or extend this Lease. Tenant shall pay Fifteen and No/l 00 Dollars ($15.00) per day during the period of any possession after termination as damages, in addition to any other remedies to which Landlord is entitled. 3. Rent. Tenant shall pay to Landlord Twenty and No/100 Dollars ($20.00) for the Term,regardless of any early termination or Tenant's voluntary surrender of the Leased Premises. Rent is payable at the address for Landlord specified in Section 13. 4. Utilities. Tenant shall pay all utilities for the Leased Premises and shall pay the same when due. 5. Pets. Tenant may not keep pets on the Leased Premises except 6. Acceptance of Leased Premises. Tenant agrees that it has examined the Leased Premises and that it is all,at the date of this Lease, in good order and repair and in a safe and clean condition. Upon termination, Tenant shall surrender the Leased Premises to Landlord in the same or better condition as on the first date of the Term, except normal wear and tear and any casualty loss. 7. Alterations, Repairs, and Maintenance. Tenant may not alter the Leased Premises or install improvements or fixtures without the prior written consent of the Landlord. Any improvements or fixtures placed on the Leased Premises during the Lease become the property of Landlord. Except as otherwise provided in this Lease, Tenant shall bear all expense of repairing and maintaining the Leased Premises, including but not limited to the yard, trees and shrubs, unless otherwise required by the Texas Property Code. Tenant shall promptly repair at Tenant's expense any damage to the Leased Premises caused directly or indirectly by any act or omission of the Tenant or any person other than the Landlord, Landlord's agents or invitees. 8. Inspections. Landlord may enter at reasonable times during the Term to inspect the Leased Premises. Tenant shall provide Landlord door keys and access codes to allow access to the Leased Premises during the Term of the Lease. 9. Indemnity. TENANT INDEMNIFIES AND HOLDS LEASED PREMISESLORD FREE AND HARMLESS FROM ANY LIABILITY FOR INJURY TO OR DEATH OF ANY PERSON, INCLUDING TENANT, OR FOR DAMAGE TO PROPERTY ARISING FROM TENANT'S USING AND OCCUPYING THE LEASED PREMISES OR FROM THE ACT OR OMISSION OF ANY PERSON OR PERSONS, INCLUDING TENANT, IN OR ABOUT THE PREMISES WITH TENANT'S EXPRESS OR IMPLIED CONSENT. 10. Insurance. Landlord will not insure the contents of the Leased Premises. Tenant should maintain its own such insurance on the contents of the Leased Premises during the Term of this Lease. NOTE: POSSESSION OF THE LEASED PREMISES BY SELLER AS TENANT AFTER THE CLOSING OF THE PROPERTY MAY CHANGE INSURANCE POLICY COVERAGE, SO TENANT SHOULD CONSULT WITH AN INSURANCE PROFESSIONAL TO ENSURE PROPER COVERAGE OF CONTENTS OF THE LEASED PREMISES. 11. Default. If Tenant is in default for more than 24 hours in performing any provision of this Lease, Landlord may terminate this Lease and regain possession of the Leased Premises, as provided by Texas law in effect at the date of the default. 12. Smoke Detectors. The Texas Property Code requires Landlord to install smoke detectors in certain locations within the Leased Premises at Landlord's expense. Tenant expressly waives Landlord's dutyto o inspect and repair smoke detectors. 13. Notices. All notices from one party to the other must be in writing and are effective when mailed to, hand-delivered at, or transmitted by facsimile or electronic transmission as follows: To Landlord: To Tenant: Telephone: Telephone: Facsimile: Facsimile: E-Mail: E-Mail: With a copy to: With a copy to: Telephone: Telephone: Facsimile: Facsimile: E-Mail: E-Mail: 14. Laws. Tenant shall comply with all applicable laws, restrictions, ordinances, rules and regulations with respect to the Leased Premises. This Lease is to be construed under Texas law, and all obligations of the parties created under this Lease are performable in Tarrant County, Texas. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] TENANT: ROBERT K. WATSON GST EXEMPT TRUST Robert K. Watston, Trustee LANDLORD: CITY OF FORT WORTH Kevin Gunn Interim Assistant City Manager ATTEST: APPROVED AS TO FORM AND LEGALITY: City Secretary Assistant City Attorney M&C: 1295: 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. Name: Title: SELLER'S TEMPORARY RESIDENTIAL LEASE This Temporary Residential Lease is made and entered into effective October 18, 2019, by and between the City of Fort Worth, a home rule municipal corporation of the State of Texas, acting by and through its duly authorized representative, Kevin Gunn, Interim Assistant City Manager("Landlord") and Robert K. Watson GST Exempt Trust("Tenant"). 1. Premises. Landlord leases to Tenant the Property, as more particularly described in the Contract of Sale and Purchase dated August 27 , 2019 (the "Agreement") between Landlord as Buyer and Tenant as Seller, known as 2220 Carleton Avenue, Fort Worth, Texas(the "Leased Premises"). Tenant may use the Leased Premises only as a single-family residence and may not permit the Leased Premises or any part of them to be used for (a) conducting any offensive, noisy,or dangerous activity that would increase the premiums for fire or other insurance on the Leased Premises; (b) creating or maintaining a public nuisance; (c) anything that is against public regulations or rules of any public authority at any time applicable to the Leased Premises; or (d) any purpose or in any manner that will obstruct, interfere with, or infringe on the rights of other residents of the neighborhood. Tenant shall comply with all applicable laws, restrictions, ordinances, rules and regulations with respect to the Leased Premises. 2. Term. The Term of this Lease commences on October 31 2019, and terminates at midnight on the thirtieth(301h)day thereafter(the "Term"), unless terminated earlier by reason of other provisions.This Lease terminates upon expiration of the Term or upon Tenant's default under this Lease. Tenant shall surrender possession of the Leased Premises upon termination of this Lease. Any possession by Tenant after termination creates a tenancy at sufferance and will not operate to renew or extend this Lease. Tenant shall pay Fifteen and No/100 Dollars ($15.00) per day during the period of any possession after termination as damages, in addition to any other remedies to which Landlord is entitled. 3. Rent. Tenant shall pay to Landlord Twenty and No/100 Dollars ($20.00) for the Term, regardless of any early termination or Tenant's voluntary surrender of the Leased Premises. Rent is payable at the address for Landlord specified in Section 13. 4. Utilities. Tenant shall pay all utilities for the Leased Premises and shall pay the same when due. 5. Pets. Tenant may not keep pets on the Leased Premises except one dog 6. Acceptance of Leased Premises. Tenant agrees that it has examined the Leased Premises and that it is all, at the date of this Lease, in good order and repair and in a safe and clean condition. Upon termination, Tenant shall surrender the Leased Premises to Landlord in the same or better condition as on the first date of the Term, except normal wear and tear and any casualty loss. 7. Alterations, Repairs, and Maintenance. Tenant may not alter the Leased Premises or install improvements or fixtures without the prior written consent of the Landlord. Any improvements or fixtures placed on the Leased Premises during the Lease become the property of Landlord. Except as otherwise provided in this Lease, Tenant shall bear all expense of repairing and maintaining the Leased Premises, including but not limited to the yard, trees and shrubs, unless otherwise required by the Texas Property Code. Tenant shall promptly repair at Tenant's expense any damage to the Leased Premises caused directly or indirectly by any act or omission of the Tenant or any person other than the Landlord, Landlord's agents or invitees. 8. Inspections. Landlord may enter at reasonable times during the Term to inspect the Leased Premises. Tenant shall provide Landlord door keys and access codes to allow access to the Leased Premises during the Term of the Lease. 9. Indemnity. TENANT INDEMNIFIES AND HOLDS LEASED PREMISESLORD FREE AND HARMLESS FROM ANY LIABILITY FOR INJURY TO OR DEATH OF ANY PERSON, INCLUDING TENANT, OR FOR DAMAGE TO PROPERTY ARISING FROM TENANT'S USING AND OCCUPYING THE LEASED PREMISES OR FROM THE ACT OR OMISSION OF ANY PERSON OR PERSONS, INCLUDING TENANT, IN OR ABOUT THE PREMISES WITH TENANT'S EXPRESS OR IMPLIED CONSENT. 10. Insurance. Landlord will not insure the contents of the Leased Premises. Tenant should maintain its own such insurance on the contents of the Leased Premises during the Term of this Lease. NOTE: POSSESSION OF THE LEASED PREMISES BY SELLER AS TENANT AFTER THE CLOSING OF THE PROPERTY MAY CHANGE INSURANCE POLICY COVERAGE, SO TENANT SHOULD CONSULT WITH AN INSURANCE PROFESSIONAL TO ENSURE PROPER COVERAGE OF CONTENTS OF THE LEASED PREMISES. 11. Default. If Tenant is in default for more than 24 hours in performing any provision of this Lease, Landlord may terminate this Lease and regain possession of the Leased Premises, as provided by Texas law in effect at the date of the default. 12. Smoke Detectors. The Texas Property Code requires Landlord to install smoke detectors in certain locations within the Leased Premises at Landlord's expense. Tenant expressly waives Landlord's duty to inspect and repair smoke detectors. 13. Notices. All notices from one party to the other must be in writing and are effective when mailed to, hand-delivered at, or transmitted by facsimile or electronic transmission as follows: To Landlord: To Tenant: City of Fort Worth Robert K. Watson GST 200 Texas Street Exempt Trust Fort Worth,Texas 76102 505 Rivercrest Drive Attn: Niels Brown Fort Worth,Texas 76107 Telephone: (817)392-5166 Attn: Robert K. Watson Facsimile: (817) 392-7591 Telephone: (817) 917-4361 E-Mail: niels.brown(a�fortworthtexas.i!ov E-Mail: Robert.Watson(&BSWHealth.00i! With a copy to: With a copy to: City Attorney's Office Robert K. Watson GST City of Fort Worth Exempt Trust 200 Texas Street 2220 Carleton Avenue Fort Worth, Texas 76102 Fort Worth, Texas 76107 Attn: Leann D. Guzman Attn: Jeff Watson Telephone: (817)392-7600 Telephone: (817)368-1165 E-Mail: leann.2uzman(&fortworthtexas.j!ov E-Mail: icwatson505(&2mai1.com 14. Laws. Tenant shall comply with all applicable laws, restrictions, ordinances, rules and regulations with respect to the Leased Premises. This Lease is to be construed under Texas law, and all obligations of the parties created under this Lease are performable in Tarrant County, Texas. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] TENANT: ROBE T K. WATSON GST EXEMPT TRUST Robert K. Watston, Trustee LANDLORD: CITY OF�ORT WORTH Kevin Gunn Interim Assistant City Manager ATTEST: APPROVED AS TO FORM AND LEGALITY: IYL)rz-v I 1 �. . City ecretary � 0 ssistant City Attomdy M&C: 19-0085 1295: Attached City of Fort Worth Contract Comp n anager: 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. Name: Niels Brown Title: Senior Land Agent M IAL RECORDSECRETARYFORTH, TX