HomeMy WebLinkAboutContract 62364STATE OF TEXAS
COUNTY OF TARRANT
CSC # 62364
Know All Persons by These Presents:
ACKNOWLEDGMENT OF ASSIGNMENT
WHEREAS, on March 3`d, 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. Farris Sisk, whereby the City
of Fort Worth leased for a period of fifty (50) years, commencing on the I" day of February 1982 and ending on
January 3151, 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 15, Block 9, Lake Worth Lease Survey, Tarrant County, Texas, and otherwise known as
4236 Lakewood, 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 Rill; and
WHEREAS, through that certain Quitclaim Deed filed on August 6, 1999 as document number
D199353536 in the Official Real Property Records of Tarrant County, Texas, W. Farris Sisk and Emma F. Sisk
quitclaimed their leasehold interest in the Property to James Franklin Miller and Maria A. Serrao (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 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 ($150.00) to defer
the administrative fees associated with this assignment.
This Acknowledgment of Assignment may be executed in two or more counterparts, and it shall not be necessary
that any one counterpart be executed by all of the parties hereto. Each fully or partially executed counterpart shall
be deemed an original and all such counterparts taken together shall constitute one instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 21st day of
November 2024.
[signature page follows]
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
LESSOR: The City of Fort Worth
VIAA
Dana Burghdoff
Assistant City Manager (�
Approved as to Form and Legality
Matthew A. Murray
Assistant City Attorney
Attest:
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Jannette S. Goodall
City Secretary
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ASSIGNEES: James Franklin Miller and Maria A. Serrao
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$aZmesnklin Miller
4236 Lakewood Drive
Fort Worth, Tarrant County, Texas 76135
Maria A. Serrao
4236 Lakewood Drive
Fort Worth, Tarrant County, Texas 76135
RETURN RECORDED DOCUMENT TO:
City of Fort Worth
Property Management Dept.
900 Monroe St. Suite 400
Fort Worth, Texas 76102
[acknowledgements follow]
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared James Franklin Miller, known to me to be
the person whose name is subscribed to the foregoing Acknowledgment of 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 wn` day of /L�U vCM /3c 7c 2024.
NfTASHINSKY
c Notary Public - State of Texas
Tarrant County %
Notary ID #1100331-7 Notary Public
soft' Commbslon EV. JULY 12, 202711
STATE OF TEXAS
COUNTY OF —Ti7i' ,CAnd
BEFORE ME, the undersigned authority, personally appeared Maria A. Serrao, known to me to be the
person whose name is subscribed to the foregoing Acknowledgment of 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 > y da of 410 �"� :� nt�= . 2024.
'o�►RY •c,,w NITA SHINSKY )
e „ Notary Public - State of Texas
* Tarrant County
'y }_" Notary ID #1100331-7 Notary Public
'f °F`� Commission Exp. JULY 12, 2027
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day 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 Acknowledgment of Assignment, and acknowledged to me that she executed the same as the act and deed
and on behalf of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3 �hday of 024.
ARMIDA MARY GARCIA
Notary Public. State of Texas
a: "= Comm. Expires 07-12-2028
Notary ID 134989930
M4 AIM,-
Nbtary Public `�
THE STATE OF TEXAS 5
COUNTY OF TARRANT
EXHIBIT A
LEASE AGREEMENT
KNOB' ALL MEN BY THESE PRESENTSA
The City of Fort Worth, Lessor, a homc-rule municipal corporation situated in Tarrant Co
sometimes referred to as "City") acting herein by and through MeiF� Is ^. _Xn Vc..-.
Asst. City Manager. and W. Fa r- s Sisk Tn e,herebymakeand enter into
ment.
agFee-
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:
T—V 1�;_ RInn.k q. Lake Uor%h Lease Survey
aka 4235 Lakewood
II. TERM
The term of the lease shall be 50 years commencing February 1, 1922 and ending
3anuary 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.
III. LESSEE'S RIGHTS AND OBLIGATIONS
Lessee shall:
A. pay annual rent to the City of Fort Worth in the sum of e 752.00 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
designated by the City.
C. pay rent for each year after the first year in an amount that shall be adjusted by eighty percent (80%) of the
change in the annual average of the Consumer Price Index U.S. City Average, "all items" index, all urban consumers
(CPI-r t) frorn the annLml 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 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 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
any other Lien, _Lim or charge imposed, upon the leased land or rising as a result of any conduct or activity by the
7 eSSee. oT 2Ryorie on his bihzf, J. provide and maintain suitable methods and means for the disposal of trash, body waste, and excreta, in com-
pliance with applicable sanitation Jaws 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.
IV. LESSOR'S RIGHTS AND OBLIGATIONS
The City of Fort Worth shall:
A. approve the sale, or assignment (hereinafter collectively assignment) of this lease 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
VM. 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 performany obligation under this Iease, 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 actioiito 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 late 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 Lessee not permanently affixed to the realty and
all structures and improvements for which no reimbursement is made under the terms of this lease.
J. L IX. MORTGAGES
e
t, A. So long as no default exists under the terms of this lease, the Lessee or any Assignee may mortgage his leasehold
d; estate and improvements situated thereon to secure a loan or Ioans of money actually made, or that will be made, or
g 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
F 3 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
L�
this lease.
f 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
try 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.
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 has supplied an address for said notice.
X. OR'NERSFJP OF 3::MROVEMENTS
All structures and improvements situated on the Ieased Iand 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 land shallbe 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 pro),ided
above, and any Assignee shall assume the duties and liabilities as set out above.
XIL VENUE
Venue of any action brought hereunder shall He exclusively in Tarrant County, Texas.
XIII. NOTICE
A. Any notice required under this lease, unless otherwise specified, shall be given by depositing in the United States
Mail as certified mail, postage prepaid, addressed to the:
1. Lessee's or Assignee's at the address shown on this Iease unless said Lessee or Assignee has f•2rnished 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.
E C TED at Fort Worth, Tarrant County, Texas, this —9-111play of
✓�� ,i98--�.
Y OF FORT VdCRTH
'u-1 FEB 6 Fn 1 90 `�% P,n
6
D201008980
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 O N O T D E S T R O Y
IN D E X E D -- T A R R A N T COUNTY TEXAS
S U Z A N N E H E N D E R S O N -- COUNTY CLERK
O F F I C I A L R E C E I P T
T O: CITY FW REAL PROPERTY 001
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
201097558 DR2A LW 01/12/2001 08:15
INSTRUMENT FEECD
1 D201008980 WD
T O T A L: DOCUMENTS: 01
B Y:
INDEXED TIME
20010112 08:15 CG
F E E S: 15.00
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
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