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HomeMy WebLinkAboutContract 55853Secretary Contract # 55a53 LLASL: f\VILNUiVIIs�'f `I'U LAICL 1�YUR'I'I-I ItLSIUL�'fIAL LLASE ACIt(�L.iViL:i\`I' This LCASG AMGNDNICNT TO LAKC WORTI-I RESIDLN'I'lf\L LCASL AGltf CVILN"I' ("f\n�endn�ent") is en�er�cl into by ancl be�ween A�lam Telford ("'I'euxill") t�n�l Ci�y ol' 1=or� �Vorth, a Tex�i� hui»c: rulc munici��ul curpuru�ion (..Lai�cllord"). WHLRCAS, Lancllurel enlerecl inw a�ruund lease ("Lease") on �eb�-uury I, I�)�2 wi�h lhe uri�inal I�»�c under the Lease A�reement for proper�y located at 4256 Lake�vuucl Driv�, with a 1�3a1 d�s�ri���iun mur� parti�ultu'ly �i�scrib��l a� Lut 12 131u�k 9 L•ik� 4Vurlh LC�i��� A�l�fitiui� I�urt Wurtl�. 'f�u'ran� Cuuntv, "I�� (lh� "Lexsetl Yrei»i�es"), saicl Lease �i�l�icl�ed heretu as L.xl�ibi� "f\"; WHLRLAS, lhruu�;h assi�;nment(s), th� L�u�e is nuw be��ve�i� Lantll�r�l an�l 'f�nc�nl lur �I�� L�ascil I'rCmises, and such L�ase has a titty year �erm en�lin}; un Januar�3l, 2U32; WHLRLAS, p�u'suan< <u Sectiun 272.001(li) of the Lua�l Guvernmetit C��le, Lanellurcl is au�liurize�l w s�ll the pruperry w the persun leasin� �he lan�l fur lhe thir mark�l v�ilu� uf��li� lan�l as �ic��rniin��l by a ��r�ili��l �ippraiser; WHCREAS, Landlord and Ten��nt desire ro effect a sale ot� the Lcased I'rrmises ti•un� Lan�llord to "1'enant UIICICf Si.C[IUIl 272.UU1(hj uf the Lucal Guvernineilt Code for the iair marl<�t valu� ul� �he land, und, CUIII�IIl�]l)CaII�ULISIy 4VIlIl [I115 f�I11�I1CIlllt;lll, is enterin� intu a P�u�c(ia�e Ll11lI S:II� P��I�l:LI1lClll IUf lll� piu��l�as� of tl�e Leased Premises by "fenant �vithin eijhteen ( I S) montlis at tl�� execuciui� ut� the Piu�clia�� <in�l S�ile A�reement, anil Wl-IERLAS, the exi�tina Lease dues nut pruvide for terms uf di�pu�iiiun �t� �h� LeCI�CII I�I'l;I1lI�C9 in �h� event ot� a sale or for the terms ot� the termination of the Lease in �h� event ut a t�iilure w purchas� the Leased Premises under the Purchase and Sale A�reement, vllC� CEIC parti�s �I�sir� w<<m�ncl tl�� L�uS� �u provide tar such terms. NOW Tl-[EREFORE, in consideration ut� the mutual agreement� hcrein ancl uthcr �o�d anil valuablc consideratio», lhe par�ies agree as Iulluws: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 'I�li'ill. Thc t�ri�i �I� th� L�asc is hcrcby am�n�l�cl lu �n�l u��un �li� �lu,in� ul� th� ,al� ul� tli� L�.i,��l I'rriiiis�� un��r lli� I'ur�ha;� ai�� Salr A�;rrrmrnt, �vl�i�h ,ii.ill ������r �vitliin �isli���n � I �� iiwntl�, �il�t�r lh� An�en�in�nt Ll�l��liv� D,uc (..�lu;in� Dea�lin�"). II'�I�� �I.,siii� ul�tli� ;<<Ir ui��li� L�.i;��l Pr�ii�i�es has nut occurre�l by lhe CloSin�; Deadline, lhis Le��Se sh�ill �x��i�'� �n lhc � lu�in� D��i�lin�. 2. L�t�u•utiui� of Lease. Sectiun VII CXPIRATION OF LLASL i, I��r�by ��I�t�� in i�, �n�ir�ty an� reE3lac�� wilh th� lulluwin�: "VII. CaPIRATION UI� LLASI; /-1. Any buil�lin�s, impruvemen�s, acldiliuns, al�eraliuns, a���l lix�uri:s (�x����t I'urni�w�e an�l �r<<cl� tixuu�es) cunsu�uc�e�l, pl<«e�l, ur m<<in<<<in��l un any ��art ul'lli� L�a���l I'r�n�is�s �lurinb �h� I�ase lerm are cunsiclered par� uf �he real pru{3�rty ut� th� Lan�llur�l c�ncl must r�mciin un ll�� L�as�d I'r�n�ises �III(I VCCOIl1C Ltincllurd's pruE��r�y tivl��n �I�� Lca�� t�rniin�itrs. 13. L��tur� �I�� Leas� lCl'illlll�ite�, �I'enant shall r�ni��•� ail p�rs�n,�l pivper�y, I�urniiur�, m�chinery, UI' eC�Ul�llll:lll III, un�ler, ur �n the L�a�e�t 1'rcn�is��. 13� lure tli� L�a�e ��rniina�e�, "I'enant must rep�ir any damage to any buildin�s ur impruvemenls un th� L�ase�l Nremises resul�ing ti�om the renwval. Any such items noc remuv�cl by th� I�ase termintuiun cla�e �vill b��un» Landlur�l's prup�rty un lhat c1a�e.,, 3. O�vnership uf Lnprovemeuts. Section X OWN�LZSFII!' 01= IvIPIZOVLi�ILV'fS is hereby amencled by adcling the tollowin� seiltence ��t tlie end oti thz Ser�iun: "Upon e�pir�iiiun ut this Least throu�h lhe �lusin� uf the salc: of the Leased 1'r�mi��� un�l�r �I�� Purrh<<s� �ui�l Salr Ab�'��m�nt, 'f�uant shall ret�iin all ribht, title, and it�tzre�� in �he iinpruv�u�cnts un tli� L��is�cl Pee�nises; hu�vever, upon the e�piration of this Le�se �vitfwut a clusii�� uf the sal� ul' tl�� L�a�c;d 1'remises under the Purchase ancl Sale A�reement, all ribiit, ti�l�, ClI1lI Illl�l'C5l IIl lll� Illl��l'UV�Il1t;I1lS an �he Lease�l Premises shall vest in L��n�lor�l witlwu� t��u-tl��r i�aym�n� by L�n�llur�i w�I'�nan� I�r tfle: i�nprov�m�uts, ancl "I`en�int shall not h�ve any ribht to ente�� up�n tlle L�as��l I'r�inis�s." 4. Cot�cinued 'l'erms .ind 1'rovisiuus. All ol' lhe terms and pruvisiun� uf the Leasc betwecn thc paruc5 shall remain in Ilill lurce and cllecl excepl as specili�ally c�n��n�l��l I��r�in. STATE: OF TEXAS COUNTY OF TARRANT Tltis instru111e111 w�1s ack111Jwledged before 111e un lite /S"['day u1· � , 2U2 I, by u�111�1 8urgllduff, Assista,11 City Manager ul.tl1e City or Fort Wurth, a Texas 111u11idpal corpuratio11, on beliall' of that entity. SELENA ALANotary Public STATE OF TEXAS Notary I.D. 132422528 My Comm. Exp. Mar, 31, 2024 STATE OF TEXAS COUNTY OF TARRANT Selena Ala (May 24, 202117:49 CDT) Notary Public This instrument was acknowledged before me on theOG day u,-{Y)A: (, 2021, by Adam Telford, on behal1·01·tllat entity. ,..�� Pue<, DHARMENDRA P. JANI � Notary ID# 131992628 ,s,�l My Commission Expires -,.,S-OF,� 04/29/2023 ' L::xeeuted tu be efkctive as uf the date this A111end111c11t i:-; 11utari1cd by tliL· l',ty (."Ame11J111e11t El'lective Date"). LANDLORD: CITY OF FORT WORTH, Ti;:XAS, a Texas municipal curpuratiun By: Dana Burghdoff, Assistant City Manager APPROVED AS TO FORM ANIJ LEGALITY: Assistant City Allorney M&C: L-15964 1295: N/A ATTEST: City Secretary City of Fort Worth Contract Compliance Manager: By signing l acknowledge that I arn the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name ur Employee: Nita Shinsky Title: Land Agent TENANT: ADAM TELFORD Printed Name: Adam Telford Printed Name: I �'�i! TIiE STATE OF TEXAS l,� y COUNTY OF TARRANT � h �_ � �i LEASE AGREEMENT KNOW ALL MEN BY THESE PItESENTS: "� The City of Fort Worth, Lessor, a home-rule municipal coYporation situated in Tarrant County, Texas, (hereinafter sCo'metimes referred to as "City") acting herein by and through _ T-,.- -- -•, r� ,,, �- r , its duly authorized �� s�� i� �� mentManager, and v, �=tefS '3zn ,Lessee, hereby make and enter into the following lease agree- 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: ? '•?7^ "4 ^r�rn T.'.'�*' T.^%1'9t! Sr�T�TP_V . ...--.. L'. . . ,��..�......- . II. TERM The term of the lease shall be :>" years commencing 7''"�-7=���rY 1, ?.9i>2 and ending z,nnuary ?1 :%L�:;7 The City may of1'er 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 $ "•�"�-'•,. �''? installments, one such installment due on the first of each month. , said rent payable in 12 equal 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. nay rent for each y�ar af:e: the f:5; :��; 1P 2R 2TOL�f ?�2I S�13II be adiusted by eiehty gercent (R(?�/ol of the change in the annual average of the Consumer Pric: Index U.S. City Average, "all items" index, all urban consumers (CPI-U) from the annua] average for the previous calendar year, as pub]ished by the Bureau of Labor Statistics for the United States Department oT Labor, said adjustment to be computed by dividing the CPI-U for the most recent year by the CPl-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 re�t for the previous year. D. be able to use the leased land for residential and water reereational 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 so]ely 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 nersons or property arising o�it of or incident to the leasing or the use ar�d occupancy of the ]eased land by Lessee, his guests or 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 iz�sce or anyone on nis oenaii. 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 o� the premises. M. not keep or permit any animals on the leased premises other than domesticated dogs and cats. IV. LESSOR'S RIGHTS AND OBLIGATTONS The City of Fort Worth shall: � A. approve the sale, or assignment (hereinafter collectively assignment) of this lease or remaining term, provided that: � !. all amounts owed to the City hereunder and City ad valorem taxes are paid current to the date of such assign- ment; and ' � ; 7 � ['_, �� . 5. �„5' .�,�e / 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 assigrtment is submitted to the City at the City Manager's office or such other office designated by the City Manager. Within 10 days of receip[ 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 compliaqce 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 Wocth Minimum Building 5tan- dards Code,City Ordinance No. 8006,at the time of any sale or transfer. The City shap 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 occvpancy 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 ]eased lanri without allowing the Lessee the opportunity to ac- quire the leased land unless the conveyance, sale, or°transfer is !n a govemmenta] 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 ]eased land to determine whetheT Lessee has complied with his obligations hereunder. This provision shall not be construed to authorize entry into residences or other buildings on the ►eased 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 wil] defend the Lessee in such quiet enjoyment and peaceful possession during the term of this lease. G. The City Manager shall review this ]ease prior to each fifth anniversary and shal] make recommendations to the City Council regarding extensions. V. LESSOR'S OPTIONS The City of Fort Worth may, in the event that Lessee shal] give notice to the City that a financial hardship exists in 25e payner�c u£ 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(ien against the Lessee's im- provements and such unpaid rents shal] 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 ;ntention tc termir.ate. VII. EXPIRATION OF LEASE A. 117o�t e�tr>iratinn nF t.hr tprm nf thic lgacA �ho !`:��� �l�on � :� :h� �e - "' - ' r-� -���= %:: �;.v:: :t C'y;ifl.� w i.`,C tiic7a uinPnci 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 st:uctures made or e�ected during the fina135 years of the lease term will be a pro ra[a amount trased 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 improvemenfs 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 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 l,ess�e 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 for•feit Lessee's right to dispute the amount paid, nor shal] any accepcance 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. ti � � �# "� '� .�: ��t'� �,:j 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- fion 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 cuTe 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 wit6in 45 days of the notice from the City, the lease may be terminated and the City shal] have no duty to reimburse the Lessee for struc- tures or improvements to the leased land. The Lessee shal] 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 additiona] late penalty of 1.5°lo 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 [o Lessee not permanenUy affixed to [he realty and all structures and improvements for which no reimbursement is made under the terms of this lease. IX. NiORTGAGES 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 renewa] of the same. B. Such mortgage or deed of trust shal] be in every respect subject, subservient and subordinate to all the conditions and covenants of this lease. C. ln the event of a default that could result in the termination of this lease without reimbursement to T_.esse� for the improvements and s[ructures on the leased land, the City shalf give notice to the mortgagee as is required to be given :o 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 mor[gagee, 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 �ity shall gi��e 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 nas suppiied an address ior said notice. X. OWNERSHIP OF IMPROVEMENTS All structures and improvements situated on the leased land when this lease is entered into are, and shal] 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 INT'EREST A. In the event of the death of a Lessee, his successors and estate shal] 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 assignPd as' pr�vi�ed 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. Xifl. NOTICE A. Any notice required under this iease, unless otherwise specified, shall be given by depositing in the United States Mail as certified mail, postage prepaid, addressed to the: i. iress�e`s ur r`,ssigno�'s si i,'-�e add;css si�o�•rr. on inis iease �niess said iessee or t,ssigner ias iurnisned [o �ne City, in writing, instructions to mail notices to another address; 2. City Manager oi the City of rort Worth, City Hall, Fort Worth, Texas; 3. Mortgagee at the address supplied to the City in writing for the mailing of such nctice. 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 par[ies hereto, their successors, assigns, and legal represen- tatives, and al1 prior leases, assignments, or agreements of any nature concerning the leased land or property situated thereon are superseded by the terms of this lease. , � f.�- ��'� .� �U�ED at, F�ort Worth, Tarrant County, Texas, this /,---.� day af ��;r e%� _�198 --�'. � Ka r.. .'�i y" e : [� '-' _d':''u:: ��.:� ' .��� �.:�.�".�` �i { �-.AT`FES'T': ,.,ti• � � , � 4 � ;ij _c—/�� . �'� A CitY.:Secretary`;;. +,�.�„�,,, . L , � APPROVED:.4S TO FORM AND LEGALITY: //�'� • , �''r ,'i�r,,,. =i,: :'�: -l� S�� -r -�'-� ; ��t; City Attorney � � - � . r� � STATE OF TEXAS § COUNTY OF TARRANT § CITY OF FORT WORTH —y ay._, gy �'�r �u ����'���J;��""--..� � ��� i�� � Lessee E,,�� _ _za�:_..«u �� �� �/ / BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared _ `�'�1 c�'�S ��� `%7�,�,�_�;;�,-__ ___ known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me tl�at he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County Texas, and as ��!�� .(��; `'7yJ�r;��y��- thereof, and for the purposes and consideration therein expressed and in the capacity therein sfated. ( p'r `^ � _ ,..: 'GIVEN UNDER MY HAND AND SEAL OF OFFICE this f day of ��/_z�4/t � A.D.;198�: � � ���� � � . ��, ��� � � ��n ° � � �-'2�'`G•;r. � �c?-c � . - <:,'� . , , , � N�tary rublic in and for _ the State of Texas �� . , : �� . M� C�mvuss�on i xpires:— %r• - �02 �i�.� .:{'� c STAir. OF i'EXAS g COUNTl' OF TARRANT § BEFORE ME, the undersigned authority, a Notary Pub]ic in and for the State of Texas, on this day personally appeared "�, c�.1� � r'�-„'f,�<z.r� ,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 �' day of "`��`�'`; 198:'�'.. . A.D. t:r:r f ,,''° ��`; �,,� r,.' , �/ �l�ra,�.�../��� i1 1, �-b....J-/.� �� . - Notary Publ�c m and for - the State of Texas ; .. - , :;x;; My,Cominission �,zpi�esC' �',:`iap 31, J."�� � � a ti w�� ���a �, ,� �� -� a a ��:- � o � :� � W u.� c� � �c °;� � �����, -.. � o � � � o Q � a �� �� �� .� d 0 � � L 4. �:1��� � � �;�;