HomeMy WebLinkAboutContract 58377 City Secretary Contr7J
LEASE AMENDMENT
TO LAKE WORTH RESIDENTIAL LEASE AGREEMENT
This LEASE AMENDMENT TO LAKE WORTH RESIDENTIAL LEASE AGREEMENT
("Amendment") is entered into by and between Joshua and Jamie Harrison ("Tenant') and City of Fort
Worth,a Texas home rule municipal corporation("Landlord").
WHEREAS Landlord entered into a ground lease ("Lease") on March 3, 1982 with Jean-Paul Van Reck
and Jacqueline Van Reck, the original lessee under the Lease Agreement, for property located at 8124
Heron Drive,Fort Worth, Texas 76108 and being more particularly described as Lot 13, Block 31, Lake
Worth Leases, an addition to the City of Fort Worth, Texas according to that plat recorded as document
number D204206496 and filed on July 2, 2004 in the Official Real Property Records of Tarrant County,
Texas(the"Leased Premises"),said Lease attached hereto as Exhibit"A"; and
WHEREAS the Lease has been assigned and is now between Landlord and Tenant and the Lease has a
fifty year term ending on January 31,2032; and
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;and
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, Landlord and Tenant are 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:
OFFICIAL RECORD
Amendment to Lake Worth Residential Lease Agreement CITY SECRETARY
8124 heron Drive
FT. WORTH, TX
1. Term. The tern 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.
Amendment to Lake Worth Residential Lease Agreement
8124 Heron Drive
Executed to be effective as of the date this Amendment is notarized by the City
("Amendment Effective Date").
LANDLORD:
CITY OF FORT WORTH,
a Texas municipal corporation
,raw&UjW45�
By: Dana Burghdoff(N 2,2022 OT.49 CDT)
Dana Burghdoff
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Matthew A. Murray
Assistant City Attorney
M&C: L-15964
1295: N/A
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ATTEST: o°°°° °°*odd
By:�,etteS.Goodall(Nov3,202210: DT) pV°°o °=d
ix
Jannette S. Goodall °
�� °°° *�
City Secretary � 4 n00.000 Q
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 Nita Shinsky
Title: Land Agent
TENANT:
By: By: %GLvwt,�
Joshua Jison Jamie arrison
OFFICIAL RECORD
Amendment to Lake Worth Residential Lease Agreement CITY E C RE TARY
8124 Heron Drive FT. WORTH, T
STATE OF TEXAS §
COUNTY OF TARRANT §
November
This instrument was acknowledged before me on the 2nd day of ,2022,by
Dana Burghdoff,Assistant City Manager of the City of Fort Worth,a Texas municipal corporation,
on behalf of that entity.
o,�p.RYP(ie, SELENA ALA
_ Notary Public
* � * STATE OF TEXAS
N9�GGOFVV�+Q. Notary I.D. 132422528 Selena Ala(Nov 2,2022 09:54 CDT)
My Comm. Exp. Mar.31,2024
Notary Public
STATE OF TEXAS §
COUNTY OF TARP-ANT §
This instrument was acknowledged before me on the Z� day of C
2022, by Joshua Harrison.
►""oi ERIKA BROWN
Notary ID#133Commission
Expires
U
sf r My Commission Expires
March 1, 2026
Notary Public
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the 2*h day of ,
2022, by Jamie Harrison.
-'7
ti►aY'oe ERIKA BROWN
Notary ID#133619388
Notary� H
My Commission Expires Public
March 1,2026
Amendment to Lake Worth Residential Lease Agreement
8124 Heron Drive
tie
f LEASE AGREEMENT
HE STATE OF TEXAS Q
§ 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 'l
sometimes referred to as"City")acting herein by and through t:rea ,its duly authorized
tlsrl t. City Manager,and 1,-tA —Pnul Vnn Rc--rk and ,Lessee,hereby make and enter into the following lease agree-
ment. Jacquallno Vattlt elt
1.
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,
snd Lessee hereby accepts from City.the following described real property for the term and uses and oihiec!to rha
conditions set forth herein:
Y.O[i 11 0
Lot 13, illock 31. Lake i;ortlt Lease uurvev
3000
510A40 7 07/01/6
alta 6124 lieron
I1.TERM
The term of the lease shall be 50 years commencing February 1, 1982 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.
111.LESSEE'S RIGHTS AND OBLIGATIONS
Lessee shall:
A. pay annual rent to the City of Fort Worth in the sum of S 376.00 ,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
de_aignated by the City.
C. pay rent for cash year after the first year in an amount that shall be adjusted by eighty percent(80v,*0)of the
change in the annual average of the Consumer Price Index U.S.City Average,"all items"index,all urban consumers
(CPJ-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 Lessce and similarly situated Lcssces.
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
ii,i•., ::tr,g:.r..p_...ty,o,:.:_!rz. ,1 lan!ur rising z.5 a rc.,ui.of ii„y iouu'u,t v, activity b) the
LisaEE vl anywit or.his behalf.
J. provide and maintain suitable methods and means for the disposal of trash,body waste,and excreta,in com-
pliance with applicable sanitalion 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.
1V.LESSOR'S RIGHTS AND OBLIGATIONS
The City of Fort Worth shall:
A.approve the sale,or assignment(hereinafter collectively assignment)or this lease or remaining term,provided
1.all amounts ow.-.d to the City hereunder and City ad valorem taxes are paid current to the date of such assign-
.rent;and
VLL 808O WIF 463
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-I 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 Codc,City Ordinance No.8006,at the time of any sale or transfer.The City shall notify the purchaser or assignee
in writing or any violations of said ordinance within 10 days of the submission of a proposed assignment to the City.
The purchaser or assignee shah 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 or 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 C''t of!:=%Vcr.,h.. ,in,the event thst Lesse.sh.;t give not;.a to tiie City'ilia.it firtai,46lai;latu to^c� g t+eiiais 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
;`tanager 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.
VIL EXPIRATION OF LEASE
A. Upon expiration of the term of this lease the City shall pay to the T.Pcco�e an pm„,unt 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 terra
wiil 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 1000,16 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 its 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.
VOL 8080 FACE 9G4
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 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 front 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
!.5?� t:e•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.
..1'. c Ci.7 zhal:::.cy^C......_ gr-. _".`... %:C.^.i) is S'rC.. ::4g�:e i:w , r� •:�•"•$.1:'vc. td tk:^.!:v Sf its i:c
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]Fnd 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.
Xll.VENUE
Venue of any action brought hereunder shall lie exclusively in Tarrant County,Texas,
XIII.NOTICE
A. Any notice reouircd under this least,unless otherwise specified,shall be given by depositing in the United States
Niz*!as. !i{,. a .. ,.aid, to. rhe.
1. Lessee's or Assij nee'`s at the address shown on this icase unless said Lessee or Assignee has furnished to the
City, in writing,instructions 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.
7Tf D at Fopli6lorth,Tarrant County,Texas,this^ 7 �—r�f day of
3.
Vu,. 8080 PACE 465
i
Ar.res :' CITY OF FORT WOf.t H
By
Ai' StOV)rD TO FO ���A/� LE ALI j
City Atigrnly,t-• ,';„ N Lessce Jeaol-Paul Van Reek
STATE OF TEXAS § Ja queline Van heck
r of INTV OF TA-V RANT
BEFORE ME,the undersigned authorityA Notary Public in and for the State of Texas,on this day personally
appeared `- ?I '*V • ,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 + v
thereof,and for the purposes and consideration therein expressed and in the capacity thercirlita,ted.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of �•
A.D.,198-•.
~�r`Y P
.: LLf •• /If Notary Public In and for
�{ [► _ the State of Texas
,. u-
�iyJCommissionExpires: �•����
COUNTY OF TARRANT§
BEFORE ATE,the undersigned authority,a Notary Public in and for the State of Texas,on this day personally
appeared Joan-Paul Vcn Reek and Jacqueline Van Rpck,. known to me to be the person whose name is
subscribed to the foregoing instrument,and acknowledged to n+a that he executed the same for the purposes and con-
sideration therein expressed.
i GIVEN UNDER MY HAND AND SEAL OF OFFICE this davit of fehruary A.D.
I � r
yi;' otary Public ina4d foa Blankenber a Bel iun
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