HomeMy WebLinkAboutContract 57510 City Secretary Contract#---57510_____
STATE OF TEXAS §
§ Know All Persons by These Presents:
COUNTY OF TARRANT §
ASSIGNMENT
WHEREAS, on January 281h, 1982, the City of Fort Worth (Lessor), acting by and through its duly
authorized Assistant City Manager,entered into a certain lease agreement (the Lease)with W.C.Carnes, whereby
the City of Fort Worth leased for a period of 50 years,commencing on the 1st day of February 1982,and ending on
January 31,2032, at an annual rental rate of$752.00,subject to the adjustments set forth in the Lease,the following
described property(the Property):
Lot 1, Block 31, Lake Worth Lease Survey,Tarrant County,Texas,and otherwise known as
8252 Sandpiper Circle, Fort Worth,Texas 76108.
A copy of the Lease is attached hereto as Exhibit A and incorporated herein by reference as if set forth in full;and
WHEREAS on June 2-1, 1982 W.C. Carnes sold the leasehold interest in the Property to Monty B. Giles
through that certain Warranty Deed filed on June 8,1982 as Volume 7305, Page 1291 in the Official Real Property
Records of Tarrant County,Texas;and
WHEREAS Monty B. Giles died on December 8, 2021 and willed his interest in the Property to his two
children, Bryan Laurence Giles and Suzanne Renae Morgan;and
WHEREAS the City wishes to memorialize an assignment of the Lease to the current owners of the
leasehold interest in the Property, Bryan Laurence Giles and Suzanne Renae Morgan(the Assignees).
NOW THEREFORE, the City of Fort Worth does hereby consent to the assignment of the Lease to the
Assignees.
As consideration for the assignment of the Lease,Assignees hereby expressly accept and assume all obligations
and liabilities under the terms of the Lease and agree to be bound by all the tents, provisions and covenants
thereof.
Lessor's consent to the assignment of the 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 not, this Assignment if null and void and of no force and effect.
Assignees shall pay to Lessor an assignment fee of Oise Hundred and Fifty Dollars and 00/100($150.00) to dofrr
the administrative fees associated with this assit;nmc-nt.
This Assignment may be executed in two or more counterparts, and it shall not be necessary that any one
counterpart be executed by all of the parties hereto. Each fully or partially executed counterpart shall be deemed
an original and all such counterparts taken together shall constitute one instrument,
(signature page follows]
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
IN WITNESS WHEREOF, the parties hereto have executed this Assignment on the 3 rd day of
May 2022.
LESSOR: The City of Fort Worth
Dana Burghdoff(May 3,20 9:49 CDT)
Dana Burghdoff,Assistant City Manager
Approved as to Form anal Legality:
Matthew A.Murray
Assistant City Attorney oa4�4�nn�
p*� oFORTaa
Attest: o�=d
0
o00° d
Jannette S4Affiette S.Goodall I Goodall DT 4111
a
°O00000°°o
City Secretary �EXA`��oQp
ASSIGNEE:
BryalpLaurence Giles
SuzanrjaAenw Hunt
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 of Employee: Nita Shinsky
Title: Land Agent
RETURN RECORDED DOCUMENT TO:
City of Fort Worth
Property Management Dept.
900 Monroe St.Suite 400
Fort Worth,Texas 76102
OFFICIAL RECORD
[acknowledgements follow] CITY SECRETARY
FT. WORTH, TX
STATE OF §
COUNTY O §
BEFORE ME, the undersigned authority, personally appeared Bryan Laurence Giles, known to me to be
the person whose name is subscribed to the foregoing Assignment, and who acknowledged to me that the
document was read in its entirety and understood and was executed for the purposes and consideration expressed
therein. /�,,
GIVEN UNDER MY HAND AND SEAL OF OFFICE thisday of I .2022.
DENISE HERROLD
Notary ID#129352537
My Commission Expires Notary ublic
March 19, 2025
STATE OF §
COUNTY OF A&JT §
BEFORE ME, the undersigned authority, personally appeared Suzanne Renee Hunt, known to me to be
the person whose name is subscribed to the foregoing Assignment, and who acknowledged to me that the
document was read in its entirety and understood and was executed for the purposes and consideration expressed
therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of n 2022.
�►� •o� DENISE HERROLD im
i Notary ID#129352537 Notary Public
My Commission Expires
'�ioFtt*' March 19, 2025
i
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority,personally appeared Dana Burghdoff,Assistant City Manager for
the City of Fort Worth, known to me to be the person and officer whose name is subscribed to the foregoing
Assignment,and acknowledged to me that the same was the act of the City of Fort Worth,a home-rule corporation,
and that 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 SEAL OF OFFICE this 3 rd day of May 2022.
SELENA ALA ��Notary Public
* * STATE OF TEXAS Selena Ala(May 3,202212:46 CDT)
N Q Notary I.D. 132422528
My Comm.Exp.Mar.31,2024 Notary Public
Exhibit A �
LEASE AGREEMENT
1 J` THE STATE OF TEXAS
KNOW ALL MEN BY 77ME FRESENTS:
v UNTN OF TARRANT I
The City of Fort Worth,Lessor,a bome-rule municipal corporation dtuated in Tarrant County,Texas,(hereinafter !
sometimes referred to as"City")acting herein by and through its duly authonzed
City Manager,and Lessee.hereby make and enter into the following!case agree-
ment.
1.
For and in consideration or 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 stnct
compliance with the covenants,conditions and agreements herein contained,City hereby demises and leases to Lessee.
and Lessor hereby accepts from City,the following described real property for the term and uses and subjca to the
conditions set forth herein: t
The term of the lease shall be years commencing February 1. 29 riding
iLIJenusr-. 21, 31'3:
The City may offer five(5)year extensions to the term of the lease on each fifth anniv of a Lessee
' may refuse such extension by giving notice to the City,in writing,within (60) y t r of notice of any
extension.
U1. LESSEE'S RIGHTS AN-D OBLI A ONS MW
Lessee shall:
A. pay annual rent to the City of Fort Worth in the sum said rent payable in 12 equal
installments, one such installment due on the first of each mo h. j
B. pay the rent due under this lease to the Assessor Collector es for the City of Fort�i orth.or other office
designated by the City.
t C. pay rent for each year after the first yea an -n a. h adjusted by eighty percent(901%)of the
change in the annual average of the Consumer Pt c l d r y crage,"all items"index,all urban consumers 1
: e
(CPI-U)from the annual average for the prnious en } ublishd by the Bureau of Labor Statistics for the
United States Depariment of Tatar,said adjust i ed by dividing the CPI•L for the mcs:recent year
by the CPl-U for the immediately precedin b ni one(1)from that quouem, mxilnpiying that result by
eight-tenths(0.8), adding one(1)t at pr ct, plying that sum by the rent for the previousar ye .
D. be able to use the leased f r id ties! water recreational purposes,in compliance with applicable
zoning ordinances.
E. use and occupy th I co Lana with the laws of the United Stases of America, the statt,tes of
the State of Texas,and th an Or ces of the City of Fort R'orth, whether now in effea or hereinafter
adopted so long as any h ina r a p ordinance or ehaner provision is not adopted solely for the purpose of
limiting the rights of Less s 'I ttuated Lessees.
F. accept the pr tses ' 'r t condition as being suitable for all purposes of this lease.
G. be deerncd nt tenant in possession of the premises and responsible to all panics for his ens
_ and omissions with d th o,and the City shall in no way be responsible for any as or omission of the Lessee.
I s and defend the City,its officers,agents,and employees,from and against any and
all C. ry,includi.,g death,to persons or property arising out of or incident to the leasing or the
d f el land by Lessee, his guests or invitees.
1. h harmless and defend City from and against any Lad all mechanic's and materialmen's liens Or
any th c or charge imposed upon the leased land or rising as a result of any conduct or activity by the
��J lessee r yo on his behalf.
:. -- "•e_-.d W_r:.._..r.:i::ble...:+W-.,:.-a:d W.xas fa:zre a .a.'of'sass.�•-�. ,aa�ae:'_. .._.,...
aph wiv applicable sanitation laws and ordinances. -
of 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.
�11 L. not commit,or allow to be committed,any waste on the premises,nor create or LLlow any nuisance to exist on
=1 the premises.
M. not keep or permit any animals on the leased premises other than domesticated dogs and cats.
� The City of Fort Worth shall: IV. LESSOR'S RIGHTS AND OBLIGATIONS
A.annrove the We,nr assignment(hereinafter collectively assignment)of this 1,u c 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 pvrfotmed 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-I through A-S above and notify both parties to said assignment if the assignment does not comply with
those provisions.The City shaU acknowledge compliance with the above provisions on the face of said assignment.
and assignment shall oxen be reworded 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 habxhty 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 o
dinance have been complied with.
C. shall not convey,sell,or transfer is interest in the leased land without allowing the Lessee the orporturi! t -
quire the leased land unless the conveyance,sale,or transfer is to a governmental entity with the power t
the property for the purpose it is acquired.All transfers shall be subject to the competitive bidding laws I to 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 s i g
in the term of this lase.
E. have the right to enter upon the above described property at reasonable times de o le 'r-
' nrmstances for the purposes of examining and inspecting the leased land to dote h co ied
with his obligations hereunder. This provision shall not be construed to au o " try i r d ces or other
buildings on the leased land except where such entry is specifically authori d the p er. 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 o e e n .and that the City will
defend the Lessee in such quiet enjoyment and peaceful pcssessio ' irrg the t of " ease.
G. The City Manager shall review this lease prior to each fifth an v ry and shall make recommendations to the
City Council regarding extensions.
V.LESSS
The City of Fort Worth may,in the event that Les ] aM a City that a financial hardship exists in
gcr the payment of rentals due hereunder,the City%Iana ay ai �/ rtion of that year's rent after consideration
of said hardship. Lessee shall have the right to pres u e City Council of Fort Worth should the City
a Manager deny the request.
7� Any rents waived as a result of su d n g unpaid shall constitute a lien against the Lessee's im-
provements and such unpaid rent- al Tit a current legal:arc.
EE'S OMONS
Lessee may:
A. sell,assign,or sub t o aining term thereof.
B. construct new stru u an a arge existing structures on the leased land provided that such construction is in
accordance with L b odes and Ordinances.
C. make alt t' s, d make improvements to existing structures and the leased land, provided that
such a ns a e in cc ance with applicable City Codes and Ordinances.
D. I to is e 'bout reimbursement for Lessee's structures and improvements at any time by giving the
'l� ty 30 •s n is f tention to terminate.
' Vll.EXPIRATION OF LEASE
A, U ex aLion.of the term of this lease the City shall pay to the Lnse•r as t'm.um egua!to the then market
' value o ,ructures 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 rate 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[trade,whichever is greater,times 2.96
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 pan of structures destroyed in whole or in pan by fire,explosion or act of God are deemed
e 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
t _ amount paid,nor shall any acceptance constitute a waiver of any legal rerne& 1 essa may have to determine marl
value.In the event that a court of competent jurisdiction determiners 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.
J 2.
t
Vlll.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 ofthis 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
persona!pro^erty within 90 days from the date of Ica_e'=,mination b default,and shall�aLatr the leased land at the
end of said 90 days. All such properly not removed within 90 days shall become the property of the Crty.
C. In the event rentals to be paid under the terms of this lease is not paid when due,an additional late penalty of
1.59e per month shall be added to the amount due.
D. Upon termination of this lease or expiration of the term of this Iease,Lessee shall be entitled and authorized
remove from the premises all items of personal property belonging to Lessee not permanently affixed to the realty n
all nmciures and improvements for which no reimbursement is made under the terms of this Ime.
IX.MORTGAGES
A. So long as no default exists under the terms of this lease,the Lessee or any Assignee may mort of
C and improvements situated thereon to secure a loan or loans of money actually made,or t w I be ad .or
any extension or renewal of the same.
t B. Such mortgage or deed of trust shall be in every respect subject.subservient and subor at,: a :lions
�• and covenants of this lease.
C. In the event of a default that could result in the termination of this lease wit t rei u -men t Less_ .or the
improvements and structures on the leased land,the City shall give notice to t mo ee is it to be given to
' the Lessee,and said mortgagee shall have the right to cure said default an /o perform d conditions of
this lease.
P D. A mortgagee or trustee under a deed of trust shall have the samew•e right nd or to s gn this lease,in conjunc-
tion with a trustee's We or transfer to satisfy Lessee's obligation to a mortga th esste under the terms of
rthis lease.
E. At any time the City is to pay the Lessee_ for structures or i r ements on the leased!and,the City shall gi.c
notice to each mortgagee of that payment, and said mortgagee _ 11 see the nght to receive payment for any
outstanding obligation secured by mortgage or deed of trust I eh and improvements.
le City;;id l ix tcyui,ni w give wch uuiicc u,y if rig ,in writing,miorrttea the uty of its in-
serest and has supplied an address for said notice
X.OW NERSHI R WNTS
1
a� All structures and improvements situated on d Ica d w en this lease is entered into are,and shall continue to
be,the property of the Lessee,and a
pro a ents r n et made by the Lessee on the leased land shall be the
tproperly of the Lessee.
S SORS IN 1% EREST
A. In the event of the do h ss_ hi essors and estate shall succeed to his interest under this lease,and
[hose entitled by law to succ d t the es 's interest in the lease shall continue to enjoy the rights and benefits
hereunder of the deceased L
B. In the even[that h: ssignee is adjudicated a bankrupt,said lease may be assigned as provided
above,and any Assig cK7 m e duties and liabilities as set out above.
XII. VENUE
Venue of io r t hereunder shall lie exclusively in Tarrant County,Texas.
XIII. NOTICE
A. y n is a ired under this lease,unless otherwise specified,shall be given by depositing in the L niied S'atcs
ail as i i d ail,postage prepaid,addressed to the:
1. c s or Assignee's at the address shown on this lease unless said Lessee or Assignee has furnished to[hc
�!n.....__!c _._..._. add:.._,
Manager of the Cit• of Fort Worth, City Hall, Fort Wonh,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 betw-en the parties concerning the leasing of the leased land and
shall be binding upon and shall be to the benefit of the panics hereto,their successors,assigns,and legal represen-
tatives.and all prior leases,assignments,or agreemens of any nature concenung the leased land or propert% situated
thereon are superseded by the terms of this lease.
` 2XECUTED at Fon Worth,Tarrant Couniy,Texas,this day of
19tlA.
3.
rt
ATTEST: CITY OFFORT WORTH
City Secretary
/PR/OVER TO F RM L A
W� �4o- /
1 �.-L t�. CCU-,'►-�i 2
City Attorney Lessee _. r::Ca
STATE OF TEXAS 5
COUNTY OF TARRAN'T 5
rBEFORE ME,the undersigned au ority,a Notary Public in and for the State of Tex day nalk
Uappeared '- 1 - L • `-�)Ll _ •known to me to rs o ame is
subscribed to the foregoing instrument.and acknowledged to me that he executed a the nd of the
City of Fort Korth,a municipal corporation of Tarrant County Texas,and as u? <
thereof,and for the purposes and consideration therein expressed and in t e city t d.
GIVE UNDER MY HAND AND SEAL OF OFFICE this ` of
A.D.,l9g
f t
f_ tary Public in and for
INS O � the State of Texas
Awl L
My Commission Expires: �� � r•_
STATE OF TEXAS § O
t COUNTY OF TARRANT 4 j9
BEFORE ME,the under a uth "t) a Notary Public in and for the State of Texas,on this day personally
appeared r• CE a ,know me be the person whose name is
subscribed to the foreg n tr e d acknowledged to me that he ex ted the a for the purposes and con-
sideration therein exp s d
' GIVEN 'DE H AND SEAL OF OFFICE this of 111 • A.D.
198
otary Public in and for�
the State of Texas
' My Cotamission Expirsr Nloraebar 3U. 19°4
f 0 4.
6 OF FL'' "
FORT WORTi•i, TA 76_J2
3
D193200623
SOUTHWEST LAND TITLE CO
1501 SUMMIT
rn) FT WORTH, TX 76102 C)
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o
' -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD - 0 N E S T R O Y
1
F I L E D -- T A R R A N T C U N T T X A S
S U Z A N N E R E N D E R 0 -- COUNTY CLERK
-, O F F I C I A L R E E P T
'a T 0: SOUTHWES T
yr RECEIPT NO REGIS PRINTED DATE TIME
193334911 DR91 0 4 09/16/93 10:39
a
INSTR F E D FILED TIME
' 1 D193 930916 10:39 CG
T 0 T C ENTS: 01 F E E S: 15.00
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'al
Y PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
i OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
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