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HomeMy WebLinkAboutContract 58210-CA1STATE OF TEXAS COUNTY OF TARRANT CSC # 58210-CA1 Know All Persons by These Presents: ASSIGNMENT WHEREAS, on February 19t', 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 G.R. Gordon, whereby the City of Fort Worth leased for a period of 50 years, commencing on the 1 st day of February 1982, and ending on January 31, 2032, at an annual rental rate of $564.00, subject to the adjustments set forth in the Lease, the following described property (the Property): Lot 21-R, Block 29, Lake Worth Lease Survey, Tarrant County, Texas, and otherwise known as 8637 Heron Drive, 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 through that certain Assignment filed on June 3, 2022 as document number D222142807 in the Official Real Property Records of Tarrant County, Texas the City memorialized and consented to (i) an assignment of the Lease from Richard M. Gordon, independent executor of the estate of Garland Richard Gordon, Jr. to Richard M. Gordon, independent executor of the Regina Ann Gordon Estate and (ii) an assignment from Richard M. Gordon, independent executor of the Regina Ann Gordon Estate to Richard M. Gordon, Trustee of the Regina Ann Gordon Revocable Living Trust; and WHEREAS through that certain Assignment filed on November 17, 2022 as document number D222271492 in the Official Real Property Records of Tarrant County, Texas, the City memorialized and consented to an assignment of the Lease to James A. Gordon and Jeremie D. Gordon; and WHEREAS the current Lessees under the Lease, James A. Gordon and Jeremie D. Gordon (Assignors) now desire to assign the Lease to Jeremie D. Gordon and Amber Arnold -Gordon (Assignees) pursuant to the provisions of Section IV (A) of the Lease. 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 terms, 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 One Hundred and Fifty Dollars and 00/100 ($150.00) to defer the administrative fees associated with this assignment. 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX IN WITNESS WHEREOF. the parties hereto have executed this Agreement on the .2023. LESSOR: The City of Fort Worth v a�� Dana Burghdoff (Jan �20241 ' ST) Dana Burghdoff Assistant City Manager Approved as to Form and Legality Matthew A. Murray Assistant Citv Attornev a O� pORt�p�d C!`o 0•10 Attest: °opera o=� ��� nEXA`g4p Jannette S. Goodall City Secretary rip77l V1�Ll�J. jaulra ri. VULIlUlI J es A Gordon, 800 Pear Orchard Road Granburv- Hood Count,_ Texas 76048 ierei ie v. iyoraon— �AitsNv , remie D. Gordon I4284 FM 2769 Leander_ Travis County- Texas 78641 ASSIGNEES: Jeremie D. Gordon and Amber Arnold -Gordon 1 L�j- — Jere e ordon Amber Arnold -Gordon 14284 2769 14294 FM 2769 Le er. Travis County_ Texas 78641 Leander_ Travis County_ Texas 78641 day of RETURN RECORDED DOCUMENT TO: City of Fort Worth Property Management Dept. 900 Monroe St. Suite 400 Fort Worth, Texas 76102 facknowledgements followl OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 day /' 2024. PEN DA ,�'�,,� Notary Public �,. o�ARyA•. �f• OF TE�Py 01 '3; 202�`\������ STATE OF TE § S COUNTY OF o F) § BEFORE ME, the undersigned authority, personally appeared James A. Gordon, 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 entirely and understood and was executed for the purposes and consideration expressed therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE this -�.2 day ofL9S_J0AA_-C 1/r _ 2023. RAND WILLIAMS '� > Notary Publi6, State c4 Texas £e' _ =* Comm. Expires 10-12-2025 ;' *�r Notary ID 133386058 STATE OF TEXAS § COUNTY OF TTL AU \ 5 § Jam , N . Publi c otan c BEFORE ME, the undersigned authority, personally appeared Jeremie D. Gordon, known to me to be the person whose name is subscribed to the foregoing Assignment, and k-•ho acknowledged to me that the document was read in its entirctg and understood and vvas executed for the purposes and consideration expressed therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE this JOHNNY 2o1�nv Pue� `= Notary Public,StatepRRAN ; f Texas Notary ID# 13365098-5 My Commission Expires `APRIL 4, 2026 STATE OF TEXAS § COUNTY OF T9_40 i S § BEFORE ME, the undersigned authority, personally appeared Amber Arnold -Gordon. known to me to be the person whose name is subscribed to the foregoing Assignment, and who arknov.ledged to me that the document was read in its entireh, and understood aced was executed for the purposes and consideration expressed therein. GWEN UNDER MY HAND AND SEAL OF OFFICE i -- ,o�;.'.:;y�,, JOHNNY ALBARRAN A Notary Public, State of Texas , * *' Notary ID# 13365098-5 My Commission Expires ' ''�°,� APRIL4,2026 Exhibit A LSE AGREEETNT xaE, GrATI; or TO t DUNTY OF TAMPAW ]MON11 ALL WM BY Pk2Ebi:18T$: 7be City of Fort Forth, Lesor, a homes -Wile municipal corporation situated in Tarrant County, Texas, (hereinafter sometimes referred to as "City") acting hadn by and through its duly authorized City Manager, and---QA—R--.ao 'S n Lrsste, hereby make used enter into the following lease agree- ment. 1, For send in eonsid=tion of the prompt payment by Lmsee, when due, of all rents as herein provided, and further for and in consideration of the full and timely Mformancc by Lessee of all of Lessee's duties and obligations in strict compliance with the covenants, conditions and agru ments herein contained, City hereby demis and leases to Lessee, xnd Lessm hereby accepts from City, the following described real property for the term and uses and subject to the oonditions = forth h,rtin: Lot 213, Bloolf 29 X,a11=e 4lorth LeFee Site (mown as B63ierren r` D. TERM The term of the lease shall be _50 years commencing ding January 11. 20'�2 \ The City may offer five (5) year extensions to the term of the least on each fifth The Lessee may refuse such estensiop by giving notice to the City, in writing, s ter p notice of any extension. n M. LE SM'S RIGHTS AND 0BLI \M0NS Lessee shall: /��� A. pay annual rent to the City of Fort Worth in the sum of b\9,S?_"t- 60, 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 -Coll o.� or the City of Fort Worth, or other office designated by the City. C. pay rent for each year after the first year in t� I be adjusted by eighty percent (8007o) of the change in the annual average of the Consumer Price U. Average, "all items" index, all urban consumers (CPl-U) from the annual average for the previous published by the Bureau of Labor Statistics for the United States Department of Labor, said Ous a to omputed by dividing the CPl-U for the most recent year by the CPI-U for the immediately pr y u ing one (1) from that quotient, multiplying that. result by eight -tenths (0.9), adding one (1) t t p multiplying that sum by the rent for the previous year. D. be able to use the leased 1 es cn ' and water recreational purposes, in compliance with applicable zoning ordinances. E. use and occupy the I in mpliance with the laws of the United States of America, the statutes of the State of Texas, and the a inances of the City of Fort Worth, whether now in effect or hereinafter adopted so long as any here a. er pted ordinance or charter provision is not adopted solely for the purpose of limiting the rights of ` ' arly situated Lessen. F. accep e n eir present condition as being suitable for all purposes of this lease. G, bed e t in2tEpendent tcroant in possession of the premises and responsible to all parties for his acts and omi 'ons w r aereto, and the City shall in no way be responsible for any act or omission of the Lessee. i-I. ' nify, o d harmless and defend the City, its officers, agents, and employees, from and against any and all claims e�lor injury, including death, to persons or property arising out of or incident to the leasing or the use and occ:u f the leased 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 arty other lien, claim or charge imposed upon the leased land or rising as a result of any conduct or activity by the 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 barn tested and approved by the appropriate authorities. L . not commit, or rsllow to be committed, any waste on the premises, nor create or allow any nuisance to exist on the pet miser, M. not keep or permit any animals on the leased prtnices other than domesticated dogs and cats, TV. LESSOR'S RIGH'M AAM OBLIGATIONS The City of Fort Worth shall: A. approve the Pde, or assignment (heminafter collectively o «age: of this lease or remaining term, provided that: 1. Al amounts owed to the City hereunder and City ad valorem taxes are paid current to the date of such assign- ment; grid 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-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 Minimum Building Stan- dards Code City Ordinance No. WM at the time of any We 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 oppo nity to ac- quire the leased land unless the conveyance, sale, or transfer is to a governmental entity with the powe to ondemn the property for the purpose it is acquired. All transfers shall be subject to the competitive bidding l to tate 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, th5nuy rs r ining in the term of this lease. E, have the right to enter upon the above described property at reasonable tiunable cir- cumstances for the purposes of examining and inspecting the leased land to determias complied with his obligations hereunder. This provision shall not be construed to a ces or other buildings on the leased land except where such entry is specifically aut o__is lease, the statutes of the State of Texas, or the ordinances of the City, of Fort W rt F. warrant that Lessee will have quiet enjoyment and peaceful possess n the ed land, and that the City will defend the Lessee in such quiet enjoyment and peaceful posses ' during a to of this lease. G. The City Manager shall review this lease prior to each lift ersary and shall make recommendations to the City Council regarding extensions. l V. LEIOR' The City of Fort Worth may, in the event that Less sh I i cc to the City that a financial hardship exists in the payment of rentals due hereunder, the City M y ' any portion of that year's rent after consideration of said hardship. Lessee shall have the right to e n st to the City Council of Fort Worth should the City Manager deny the request. i Any rents waived as a result of ar h) remaining unpaid shall constitute a lien against the Lessee's im- provements and such unpaid rent s • to t at the current legal rate. VT. LESSEE'S OPTIONS Lessee may: Q) A. sell, assign, ol.,¢flu'kl c orremaining term thereof. B. const a st ctu .c"d enlarge existing structures on the leased land provided that such construction is in accordance a ble City Codes and Ordinances. C. a alte io odel, and make improvements to existing structures and the leased land, provided that such ac ' n hall accordance with applicable City Codes and Ordinances. D. term at is se without reimbursement for Lessee's structures and improvements at any time by giving the City 30 days n ' e of intention to terminate. 'NIT. EXPIRATION OF LEASE •*•. A. -Upon-xpiratio cf the term of this'.easc-thc City shall -pay to th; Lessee an amount 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 term will 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 2.96 percent, never to exceed 1000/0 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. 1 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 cne 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. a Vf17. TERWHNATION 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 undei.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 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.lafe penalty of 1.5% 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 to Lesset 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 mo s sehold estate and improvements situated thereon to secure a loan or loans of money actually made, or de, or any extension or renewal of the same. B. Such mortgage or deed of trust shall be in every respect subject, subservient and subor a e to l he itions and covenants of this lease. C. In the event of a default that could result in the termination of this lease without C n o Lessee for the improvements and structures on the leased land, the City shall give notice to th mori a et s eq ' to be given to the Lessee, and said mortgagee shall have the right to cure said default and/ r rf s and conditions of this lease. / ^. D. A mortgagee or trustee under a deed of trust shall have the same riot �nd po*r o assign this lease, in conjunc. tion with a trustee's sale or transfer to satisfy Lessee's obligation to a mo a the Lessee under the terms of this lease. E. At any time the City is to pay the Lessee for structures or ' vements on the leased land, the City shall give notice to each mortgagee of that payment, and said mortga a have the right to receive payment foi�ny :>, outstanding obligation secured by mortgage or deed of trus t old and improvements ;j `� F. The City shall be required to give such notice Qrtv if 9 has, in writing, informed the City of its in k terest and has supplied an address for said notice. X. OWNE P ROVEIdiENTS All structures and improvements situat n t e ase 1 d when .17..: this lease is entered into are, and'sliall continue to., be, the property of the Lessee, and alp n r inafter made by the Lessee on the leased land shill lie the property of the Lessee. n V� IN INTEREST A. In the event of the death "I�csse hi`s�successors and estate shall succeed to his interest under this lease, and those entitled by law to suc ee's interest in the lease shall continue to enjoy the rights and benefits hereunder of the deceased es ce; R. In the event t�b s s Assignee is adjudicated a bankrupt, said lease may be assigned as provided above, and any Asa the duties and liabilities as set out above. XII. VENUE Vert any ght hereunder shall lie exclusively in Tarrant County, Texas. XIIL NOTICE A. Any notice required under this lease, unless otherwise specified, shall be given by depositing in the United'Stat& Mail as certified mail, postage prepaid, addressed to the: 1. Lessee's or Assignee's at the address shown on this lease unless said Lessee or Assignee has furnished to the —City, in r•:riting;-instrik:tions- ,,vmadt votices`tcs,-=ther•address; a� - 2. City Manager of .the City of Fort Worth, City Hall, Fort Worth, Texas; = ��, - .:w>:^r'✓,` 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. EXECUTED at Fort Worth, Tarrant County, Texas, thiq day of •• ,198— . - i- inr, ATTEST: II•.��� G City etary ' City Attorney /'') I STATE OF TEXAS § COUNTY OF TARRANT § 1 CITY OF FORT WORTH C- - By! ate BEFORE ME, the undersigned authority, a Notary Public in and for the State of T appeared �`�]2:5 • �'�--' known to me to subscribed to the foregoing instrument, and acknowledged to me that he executed the City of Fort Worth, a municipal corporation of Tarrant County Texas, and as thereof, and for the purposes and consideration therein expressed and in a cit tl �!d y p s ally ose ame is d deed of the GIVEN UNDER MY HAND AND SEAL OF OFFICE this %q day of A.D.,198-9. f t� `t ;i O Notary Public in and for ^�v - the State of Texas Z .'_a Roy ComM mission Erpires: G� ' -STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the and si ed hority, a Notary Public in and for the State of Texas, on this day personally appeared 0 . fl 1 ,known to me to be the person whose name is subscribed toAc f in ' s ment, and acknowledged to me that he executed the same for the purposes and con- sideration th a x es d. �NIRIMY HAND AND SEAL OF OFFICE this j,7th day of a8xiva7. y A.D. 198.�;,ns ,t ik*f _ (Cull' in and j + the $late di'7exas �,,%': ,4, b tg8t My Comrnissidn Expires:.___ A. Return Recorded Documents to: Susan Tedder, Administrative Technician City of Fort Worth / Real Property 927 Taylor Street, Fort Worth TX 76102 D200175995 CITY FW REAL PROPERTY 001 927 TAYLOR ST FT WORTH, TX 76102 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 I N D E X E D -- T A R R A N T C O U S U Z A N N E H E N D E R S O N- O F F I C I A L R E C E 7 T O: CITY FW REAL P RTY RECEIPT NO REGISTER 200320443 DR98O INSTRUMENT FEEC 1 D20017599S T 0 TC) S TROY A S CLERK PRINTED DATE TIME 08/08/2000 12:29 INDEXED TIME 20000808 12:29 CG : 01 F E E S: 15.00 .ICTS THE SALE RENTAL OR USE �PERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.