HomeMy WebLinkAboutContract 58560 Nov_30.2022 02:55 PM hhac 18774472839 n7751 P 2
CSC No. 58560
MONTH TO MONTH LEASE AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND
THE ESTATE OF JOHN LOUIS MERRILL
Basic Information
Date:November 17,2022
Landlord:The City of Fort Worth,a home rule municipal corporation of the State of Texas
Landlord's Address:200 Texas Street,Fort Worth,Texas 76102
Tenant:The Estate of John Louis Merrill
Tenant's Address: 1131 Usher Street,Benbrook,Texas 76126
Premises:
A portion of approximately 21.45 acres of land being situated in the J. M. Muhlinghaus Survey,
Abstract It 57,the D.Muhliughaus Survey,Abstract 1082,and the McKinney&Williams Survey,
Abstract 1119,in Tarrant County,Texas,known as Tracts 1B, 1C,2B,2C,and 2D and also known
4610&4700 Highway 1187 Crowley,TX 76036 (as identified by the Tarrant Appraisal District
Account Numbers 04056477, 04070593, 04056485, 06250548, 04061632 and 04070607) and
being the same tract of land as conveyed by Special Warranty Deed filed on January 29,2019 and
recorded as Instrument No.D219016908 in the Official Real Property Records of Tarrant County,
Texas, being more specifically limited to the fenced parcel containing the house and the road
access to the house.
Monthly Rent:Five Hundred Dollars and 001100($500,00)
Term: Month-to-month;this Lease will automatically renew for successive thirty(30)day periods
on the first(1st) day of each month unless terminated by either party. In order to terminate this
Lease, a party must provide the other party with written notice of its intent to terminate not less
than thirty(30) days prior to the effective date of such termination("Termination Date").
Commencement Date:November 14,2022
Security Deposit:None
Permitted Use:Private residence
Occupants(other than Tenant):None
Utilities to Be Provided by Landlord:None
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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A. Definitions
A.1. "A.gent''means agents, employees, officers, directors,members and partners of
the principal, and,to the extent under the control of the principal,invitees.
A.2. "Injury"means(a)harm to or impairment or loss of property or its use or(b)
harm to or death of a person.
A.3. "Rent"means Monthly Rent plus any other amounts of money payable by Tenant
to Landlord.
B. Tenant's Obligations
B.1. Tenant agrees to—
B.I.a. Lease the Premises for the entire Term beginning on the Commencement Date
and ending on the Termination late.
B.I.b. Accept the Premises in their present condition"AS IS,"the Premises being
currently suitable for the Permitted Use.
B.I.c. Obey all laws relating to Tenant's Permitted Use,maintenance of condition, and
occupancy of the Premises.
B.I.d. Pay monthly,in advance, on the first day of the month.,the Monthly Rent to
Landlord at Landlord's Address.
B.I.e. Pay,as additional Rent,all other amounts due under this lease.
B.Lf. Pay a late charge of 5 percent of any Rent not received by Landlord by the tenth
day after it is due.
B.I.g. Pay for all utility services used by Tenant.
B.I.h. Allow Landlord to enter the Premises to perform Landlord's obligations and to
inspect the Premises.
B.1.i. Repair any damage to the Premises caused by Tenant.
B.1.k. Move out of the Premises at the end of the Term.
B.I.l. Pay Rent(including,if applicable and at the same time,the fee in lieu of the
Security Deposit)by check,money order, or other traceable or negotiable instrument.
B.l.m. Monitor the Premises and promptly report to Landlord any nuisance or illegal
activity occurring on the Premises.
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B.2. Tenant agrees not to—
B.2.a. Use the Premises other than as a residence occupied by the named Tenant.
B.2.b. Create or permit a nuisance or interfere with any neighbor's use of its Premises.
B.2.c. Alter the Premises.
B.2.e. Allow a lien to be placed on the Premises.
B.2.d. Assign this lease or sublease any portion of the Premises without Landlord's
written consent.
C. Landlord's Obligations
Landlord agrees to—
C.1. Lease to Tenant the Premises for the entire Term beginning on the
Commencement Date and ending on the Termination Date.
C.2. Obey all laws,ordinances, orders,rules,regulations,and covenants applicable to
the Premises.
Landlord and Tenant agree to the following:
D.1. Abatement. Tenant's covenant to pay Rent and Landlord's covenants are
independent. Except as otherwise provided,Tenant may not abate Rent for any reason.
D.2. Insurance. Landlord and Tenant shall each maintain such insurance on the
contents and Property as each party may deem appropriate during the term of this Lease.
D.3. Condition of the Premises. TENANT EXPRESSLY ACKNOWLEDGES
AND AGREES IT HEREBY ACCEPTS THE PREMISES,AS IS,WHERE IS,AND
WITHOUT ANY WARRANTIES OF WHATEVER NATURE, EXPRESS OR
IMPLIED,IT BEING THE INTENTION OF THE LANDLORD AND TENANT TO
EXPRESSLY NEGATE AND EXCLUDE ALL WARRANTIES EXPRESS OR
IMPLIED,IN FACT OR BY LAW,INCLUDING WITHOUT LIMITATION, THE
IMPLIED WARRANTY OF SUITABILITY, AND THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE,
CONTAINED IN OR CREATED BY ANY APPLICABLE LAW OF THE STATE OF
TEXAS.
D.4. Waiver ofLiability. LANDLORD SHALL NOT BE LIABLE IN ANY
MANNER TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, OR
ANY OTHER PARTY IN CONNECTION WITH THE USE OF THE PROPERTY
BY ANY OF THEM,FOR ANY INJURY TO OR DEATH OF PERSONS UNLESS
CAUSED SOLELY BY THE WILLFUL NUSCONDUCT OR GROSS
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NEGLIGENCE OF LANDLORD. IN NO EVENT SHALL LANDLORD BE
LIABLE IN ANY MANNER TO TENANT OR ANY OTHER PARTY AS THE
RESULT OF THE ACTS OR 01VIISSIONS OF TENANT, ITS AGENTS,
EMPLOYEES, CONTRACTORS, OR ANY OTHER PARTY, IN CONNECTION
WITH THE USE OF THE PROPERTY BY ANY OF THEM.LANDLORD SHALL
NOT BE LIABLE FOR ANY LOSS OR THEFT OF OR DAMAGE TO PROPERTY
OF TENANT, ITS EMPLOYEES, AGENTS, PATRONS, INVITEES, OR TO
OTHERS, REGARDLESS OF WHETHER SUCH PROPERTY IS ENTRUSTED
TO EMPLOYEES OF LANDLORD OR SUCH LOSS OR DAMAGE IS
OCCASIONED BY CASUALTY, THEFT, OR ANY OTHER CAUSE OF
WHATSOEVER NATURE.
D.5. Casualty/Condemnation. If the Premises are damaged by fire or other casualty or
are condemned, then either Landlord.or Tenant may terminate this lease by notifying the other.
Any pent prepaid by Tenant will be returned to Tenant on termination.
D.6. Default by TenantlEvents. Defaults by Tenant are(a)failing to timely pay Rent,
(b) abandoning the Premises or vacating a substantial portion of the Premises, and (c)failing to
comply within ten days after written notice with any provision of this lease other than the defaults
set forth in(a) and(b).
D.7. Default by Tenant/Landlord's Remedies. Landlord's remedies for Tenant's
default are to(a)enter and take possession of the Premises and sue for Rent as it accrues;(b)enter
and take possession of the Premises, (c)enter the Premises and perform Tenant's obligations; and
(d)terminate this lease by written notice and sue for possession or damages or both.
D.8. DefaultlWaiver. All waivers must be in writing and signed by the waiving party.
Landlord's failure to enforce any provisions of this lease or its acceptance of late installments of
Rent will not be a waiver and will not estop Landlord from enforcing that provision or any other
provision of this lease in the future.
D.9. Mitigation. Landlord and Tenant have a duty to mitigate damages.
D.10. Holdover. If Tenant does not vacate the Premises following termination of this
lease, Tenant will become a tenant at will and must vacate the premises on receipt of notice from
Landlord.No holding over by Tenant,whether with or without the consent of Landlord,will extend
the Term.
D.I1. Alternative Dispute Resolution. Landlord and Tenant agree to negotiate in good
faith before filing a suit for damages.
D.12. Venue. Venue of any action brought under this Lease shall be in state courts
located in Tarrant County, Texas or the United States District Court for the Northern District of
Texas,Fort Worth Division.
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D.13. Entire Agreement. This lease and its exhibits, addenda, and riders are the entire
agreement of the parties concerning the lease of the Premises by Landlord to Tenant.There are no
representations,warranties,agreements,or promises pertaining to the Premises or the lease of the
Premises by Landlord to Tenant,and Tenant is not relying on any statements or representations of
any agent of Landlord that are not in this lease and any exhibits,addenda, and riders.
D.14. Amendment of Lease. This lease may be amended only by an instrument in
writing signed by Landlord and Tenant.
D.15. Notices. Any notice required or permitted under this lease must be in writing.Any
notice required by this lease will be deemed to be given(whether received or not) the earlier of
receipt or three business days after being deposited with the United States Postal Service,postage
prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the
address shown in this lease.Notice may also be given by regular mail, personal delivery, courier
delivery, or e-mail and will be effective when received. Any address for notice may be changed
by written notice given as provided herein.
D.16. Texas Property Code. Landlord and Tenant each acknowledge that chapter 92
of the Texas Property Code,which deals with residential tenancies, affords certain rights and
imposes certain duties on them.
D.17. Abandoned Property. Landlord may retain, destroy,or dispose of any property
left on the Premises at the end of the Term,
D.18. Tenant's Statutory Right to Terminate. Tenant may have special statutory rights
to terminate the lease early ba certain situations involving family violence,military deployment
or transfer, or certain sexual offenses or stalling.
D.19. Smoke Alarms. The Texas Property Code requires Landlord to install smoke
alarms in certain locations within the Premises at Landlord's expense. Tenant expressly waives
Landlords duty to inspect and repair smoke alarms.
D.20. Security Devices. The requirements of the Texas Property Code relating to
security devices do not apply to a residential lease for a term of 90 days or less.
D.21. Landlord's,Right to Audit. Tenant agrees that Landlord shall, until the
expiration of one (1)year after the termination of this Lease, or the final conclusion of any audit
commenced during the said one'(1) year-period, have access to and the right to examine at
reasonable tunes any directly pertinent and non-privileged books, documents,papers and records,
including, but not limited to, all electronic records, of Tenant for the current year and, as
applicable, the prior year, to the extent involving transactions directly relating to this Lease and
the use of the Promises,at no additional cost to Landlord.Landlord shall give Tenant not less than
thirty(30)days'written notice of any intended audits.
D.22. Governmental Powers. It is understood and agreed that by execution of this
Lease,Landlord does not waive or surrender any of its governmental powers or immunities.
Nov_30.2022 02:57 PM hhac 18774472839 #7751 P 7
TENANT: THE ESTATE OF JOHN LOUIS MERRILL
Suzanr6 Merrill Allard,
Independent Executrix of the Estate of John Louis Merrill
NOTICE:This document affects your legal rights. head it carefully before signing.
(Acknowledgment)
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority,on this day personally appeared Suzanne Merrill Allard,
known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to
me that the same is the act of the Estate of John Louis Merrill and that she executed the same as its
independent executrix and as the act of such estate and for the purposes and considerations expressed in the
foregoing instrument.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,thisa2day of 2022.
P�AAa�- Al�
SAMANTHA ROSE YOUNG Notary Public
Notary to#132903722
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GRANTOR:
CITY OF FORT WORTH,TEXAS
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By: Dana Burghdoff(D 6,2022 f9102 CST)
Dana Burghdoff,Assistant City Manager
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Jannette S. Goodall, City Secretary
M&C:N/A
Date:12/12/2022
APPROVED AS TO LEGALITY AND FORM
Matthew Murray,Assistant City Attorney
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.
By:
Name: Lky Salazar
Title: Assistant Director,Property Management Department
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
ACKNOWLEDGMENT
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 Dana Burandoff, Assistant City Manager of the City of Fort Worth, a
Texas home rule municipal corporation, known to me to be the same person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
City of Fort Worth and that they executed the same as the act of the City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the date of
naAAA jLA, Y
[SEAL] Lfl-
Not Public, State of Texas
^SPY�Ga JASMINE LOMELI Nam (printed):
x `�* Notary Public-State of Texas
Tarrant County Notary's commission expires:
�9rEQ�Q Notary ID#13349821-3
Coma% alon Up.DEC.20,2025
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX