HomeMy WebLinkAboutContract 53473 r
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REi✓F_IVED CITY SECRETARY
JAN 3 0 2020 GUNTRACT N6"' 53473
CI CITY SECHETA>iY Of FORI �
LEASE AMENDMENT
TO LAKE WORTH RESIDENTIAL LEASE AGREEMENT
This LEASE AMENDMENT TO LAKE WORTH RESIDENTIAL LEASE AGREEMENT
("Amendment")is entered into by and between David R. Broiles and Patty M. Broiles ("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 E.Brents Wooten
Jr, and Delores N. Wooten, the original lessee under the Lease Agreement for property located at 2400
Indian Cove Street,with a legal description more particularly described as Lot 19,Block 29,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:
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1. Term. The term of the Lease is hereby amended to end upon the closing of the sate 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:
"VIL 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 rporation
By:
Kevin B, Gu , Interim Assistant City Manager
APPROVED AS TO FORM AND
LE :ALITY•
Sr. Assistant City A orney
M&C: L-15964 f k
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ATTEST:
.. Y tom.
5�,�0 City Secretary ,} -�•
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 erformance and reporting requirements.
1146G
Nam of Employee: Jean Petr
Ti e: Lease Manager
TENA
Printed Name: �rG r Printed Name: CZ
STATE OF TEXAS §
COUNTY OF TARRANT §
,Pqs instrument wa, acluzowledged before me on the 4 day o�� 2020, by
�rZ Veil k�ts1. � !` of the City of rt orth, a Texas
municipal corporation, on behalf of that 6ntity.
P,P MARIAS,SANCMEZ
My Notary ID#2256490
` Expires December 19,2021
Not Public
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the j-S-'-day of �� , 2020, by
o*R`pOe, LAVONNES.KEITM
* Notary Public,State afTexas /
�'q Ay Notary
Expires 03-31-2020
OF 1 Notary ID737793-8
otary Pub re
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the _ day of , 2020, by
(Seal)
Notary Public
ITIV
.. Imo._, . ............. . .
Exhid
LEASE AG'REEMEENT
2STATE OF TEXAS
ffidOW ALL MEN BY M SE PRESENTS:
COUNTY OF TARRANT
The City of Fort Worth,Lessor,n home-rule munkipat ooiporation situated in Tarrant County,Texas,(hereinafter
sometimes referred tow"City")acting herein by and through its duly authorized
City Manager,and 7 Ph-art r'C T,r o-te]]., jr Lessee,hereby make and cater into the following lease agree-
ment- and Delores N.
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 Lesseee 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:
Lot r.r^�"ni T2cleB ;i8 If4384i��-38
�4nn In�iztif'-nt�o
11.TE€ A
The term of the lease shall be yearscommencing �� }� —.and ending
The City may offer five(S)year extensions to the term of the lease on each fifth anniversary of the lease.The Lessee
may refuse such extensiop 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 5 2.p' ,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(8007a)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 tease.
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
ell 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 me:cbanic's and marUjarmen's liens or
any other ben,claim or charge imposed upon the leased land or rising as a result of any conduct or activity by the
Lessee or anyone on ng'oenaif.
J. provide and maintain suitable methods and meow for the disposal of trash,body waste,and excreta,in com-
pliance with applicable sanitation laws and ordinances.
fC.raw,d,''I or dig any w:l on the Iftssed tohd wii?ioia the arior wrsttw approval of the City nor use the water
from such-wa 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 domesticate]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
12102 0120
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
S. 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 Minimums 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 opportimityto 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 thereat 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 teased 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.LFSSOi2'8 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 applicabk 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 anytime by giving the
City 30 days notice of intention to terminate.
VU.EXPLICATION OF LEASE
A- Upon expiratiempf 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 br 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 rats amount basee on the n=ber of yea,o 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 100%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 pert 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 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
12102 0121
VM-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 least 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 clue 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 termiaatiar,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 trade under the terms of this lease.
e
EX.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.
OWNERSHIP OF 5WROVEMENTS
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;
R. In the event that the Lessee or his Assignee is adjudicated a bankru q said tlease maybe]sswped,as provided
above,and any Assignee shall assume the duties and liabilities as set out above.
XI1.VENUE
Venue of any action brought hereunder,�s}lall 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 State:
Mail as certified mail,postage prepaid,addressed to the:
1. Lessee's or Assignee's at the address shown on this lease unless said Le<sPo or As-S et.has Punished to t
City,in writing,instrtittions 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.
- 3aV.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.
EXECUTED at Fort Worth,Tarrant County,Texas,this d?v of
3.
12102 0122
ATMEST: CITY OF FORT WORTH
BY
�/t/O�L�FLiIJ.AND GAL
City Attorney 1,19 Lessee
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 C `?1%I n ,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 c i7 A
thereof,and for the purposes and consideration therein expressed and in the capacity therein tated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z / day of .
A.D.,1981.
,l^ <•:':r•;Y; Notary Public in and for
the State of Texas
itily..•iaruinissiarf Expires. 'P - -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 T?. 'Rrent8 Wooteaa, Tr. /Del ores N. known tometobe 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 BAND AND SEAL OF OFFICE this 17i n day of- Ts m3 ary ,A.D.
19U
the Ste o Texas
My Comm sr8t+n<>xpb. 1
a.
4R1iAf JtCH r-l.AM AGENT
CITY OF:F TH
flEAL"ORRT'1'AMAGEMENT
927 TAYLOR
FORT WORTH, TEXAS 76102
1210 0123
SEP22 : _
DEAL P 203 �
CITY FW REAL PROPERTY ---✓
927 TAYLOR
REAL PROPERTY MGMT
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 0 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 0 N -- COUNTY CLERK
O F F I C I A L R E C E I P T
T 0: CITY FW REAL PROPERTY
RECEIPT NO REGISTER RECD-BY ' PRINTED DATE TIME
195295600 DR93 T003957 09/14/95 10:16
INSTRUMENT FEECD INDEXED TIME
1 D195167203 WD 950914 10:13 CG
T 0 T A L : DOCUMENTS: 01 F E E S: 15.00
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.
M&C: __- � q" 25'
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