HomeMy WebLinkAbout064203 - Construction-Related - Contract - Joyce KalerPurchase Contract 1224 Abelia Drive
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Secretary Contract #____________
CONTRACT OF SALE AND PURCHASE
(Sale by City of Fort Worth of Lake Worth Leased Lot)
THIS CONTRACT OF SALE AND PURCHASE (Contract ) is made and entered into
by and between the CITY OF FORT WORTH, TEXAS, a Texas home rule municipal corporation,
acting by and through its duly authorized City Manager or Assistant City Manager (Seller ) and
Joyce Kaler (Purchaser ) as of the date on which this Contract is executed by the last to sign of
Seller and Purchaser (Effective Date ).
RECITALS
1.Seller is the owner of the real property only (exclusive of improvements) located at 1224
Abelia Drive (the Property ), as shown and more particularly described on the attached
Exhibit A , incorporated herein for all purposes.
2.Seller and Purchaser (as successor-in-interest to original lessee) are parties to a ground
lease for the Property dated February 19, 1982, as amended by a lease assignment dated
July 30, 2025 (collectively, the Lease Agreement ).
3.The Lease Agreement provides Purchaser with an option to purchase (Option ), pursuant
to Section 272.001(h) of the Local Government Code, and by execution of this Contract,
Purchaser hereby exercises the Option.
AGREEMENT
In consideration of the mutual covenants, representations, warranties and agreements
contained herein, and for other good and valuable consideration, the receipt and adequacy of which
are hereby acknowledged, Seller and Purchaser agree as follows:
Section 1. Agreement of Sale and Purchase.
(a) Seller agrees to sell and convey the Property to Purchaser, and Purchaser agrees to
purchase and accept the Property from Seller, for the purchase price (as defined below), subject to
the terms and conditions set forth in this Contract.
(b) Seller shall convey the Property to Purchaser AS-IS, as set forth in Section 5.
(c) owing rights and
in
title), and such reservation is hereby approved for all purposes: all right, title, and interest in and
to all oil, gas, and other minerals in and under the Property, if any.
(d) An avigation easement is reserved on behalf of the public for free and unobstructed
passage of aircraft over the subject property in the navigable airspace above the minimum altitudes
Purchase Contract 1224 Abelia Drive
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of flight prescribed by federal regulations, including airspace needed to ensure safety in the takeoff
and landing of aircraft. Purchaser hereby releases Seller, its officers, agents and employees from
any and all claim and liability resulting from the noise, vibration, fumes, dust fuel, electromagnetic
interference and lubricant particles and all other effects, whether such claims are for injury or death
to person or persons or damages to or taking of property, arising out of or in connection with the
use of this easement, when such use is in compliance with the regulations and guidelines of the
Federal Aviation Administration, successor agency, or other governmental authority with
jurisdiction over the matter.
(e) Seller shall retain the following easements and any easements retained by Seller
will be at no cost to Seller: all existing easements, whether of record or not, known or unknown.
(f) Pursuant to City of Fort Worth Code of Ordinances Section 35-3, Purchaser agrees
to connect to water and sanitary sewer lines if available prior to Closing, or, if not available prior
to Closing, as soon as practicable after such lines are made available. This requirements shall
survive Closing.
Section 2. Purchase Price.
The purchase price (Purchase Price ) for the Property, payable by Purchaser to Seller in
cash at Closing (defined below), is forty thousand and 00/100 dollars ($40,000.00). Section
272.001(h) of the Local Government Code requires the Property to be sold for fair market value
of the land as determined by a certified appraiser, and pursuant to an appraisal obtained by Robert
Totten, dated January 15, 2025, Seller has determined that the Purchase Price reflects the current
fair market value of the Property.
Section 3. Title Commitment and Survey.
(a) Within fifteen (15) days after the Effective Date, Purchaser shall obtain at
or Title Insurance and Title Policy (Title
Commitment Title Company ), setting forth the
status of the title of the Property and showing all liens, claims, easements, rights-of-way,
reservations, restrictions, encroachments, tenancies, and any other encumbrances (collectively, the
"Encumbrances") and other matters, if any, relating to the Property; and (ii) a legible copy of all
documents referred to in the Title Commitment, including but not limited to, plats, reservations,
restrictions, and easements.
(b) Within twenty-five (25) days after the Effective Date, Purchaser may obtain, at
(Survey ) consisting of a plat and field
notes describing the Property, prepared pursuant to a current on-the-ground staked survey
performed by a registered public surveyor or engineer satisfactory to Purchaser and Title
Company. The Survey shall (i) be certified to Purchaser, its successors and assigns, and Title
Company, (ii) reflect the actual dimensions of and the total number of square feet within the
Property, net of any portion thereof lying within a publicly dedicated roadway or a utility easement,
(iii) identify any rights-of-way, easements, or other Encumbrances by reference to applicable
recording data, and (iv) include the Surveyor's registered number and seal, and the date of the
Purchase Contract 1224 Abelia Drive
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Survey. The description of the Property prepared as a part of the Survey will be used in all of the
documents set forth in this Contract that requires a legal description of the Property.
(c) If the Title Commitment or Survey discloses any Encumbrances or other matters
that are not acceptable to Purchaser in Purchaser's sole discretion, then Purchaser shall give Seller
written notice thereof within five (5) days after receipt of the Title Commitment, Survey and all
documents referred to in the Title Commitment, specifying Purchaser's objections (Objections ),
if any. If Purchaser gives such notice to Seller, Seller may cure the Objections, but shall be under
no obligation to do so.
(d) If Purchaser gives notice of Objections and Seller does not cure the Objections,
cause the Title Commitment and Survey to be amended to give effect to matters that are cured,
and give Purchaser written notice thereof within the five (5) day period following receipt of the
notice from Purchaser (Cure Period ), Purchaser shall have the right either (i) to terminate this
Contract by giving written notice thereof to Seller at any time after the expiration of such Cure
Period but prior to the expiration of the option period (as defined below), and, upon such
termination, neither party hereto shall have any further rights or obligations; or (ii) to waive the
Objections and consummate the purchase of the Property subject to the Objections which shall be
deemed to be Permitted Encumbrances. Notwithstanding the foregoing sentence, if Seller has
commenced curing the Objections and is diligently prosecuting the same, as determined by
Purchaser in Purchaser's sole discretion, then Purchaser in Purchaser's sole discretion may extend
the Cure Period for an amount of time Purchaser deems necessary for Seller to cure the same.
PURCHASER ACKNOWLEDGES THAT A TERMINATION OF THIS CONTRACT
PURSUANT TO THE TERMINATION RIGHT IN THIS SECTION 3(d) OR ANY OTHER
TERMINATION RIGHT HEREIN WILL BE A DEFAULT BY LESSEE UNDER THE
LEASE AGREEMENT, AND PURCHASER/LESSEE WILL THEN BE SUBJECT TO
THE TERMINATION RIGHT OF THE SELLER/LESSOR IN THE LEASE
AGREEMENT.
Section 4. Review Reports. DELETED BY AGREEMENT OF THE PARTIES.
Section 5. Representations, Warranties, AS IS
(a)EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, PURCHASER
ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, DOES NOT
MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS,
WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF
ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED,
ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS, TO CONCERNING OR
WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE
PROPERTY INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND
GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE
SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES
WHICH PURCHASER MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR
BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES
OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR
BODY, (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY,
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PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY,
(F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF
ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY,
STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (H) ANY OTHER
MATTER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT
SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY
REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL
PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS,
ORDERS OF REQUIREMENTS, INCLUDING SOLID WASTE, AS DEFINED BY THE
U. S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R.,
PART 261, OR THE DISPOSAL OR EXISTENCE IN OR ON THE PROPERTY, OF ANY
HAZARDOUS SUBSTANCE, AS DEFINED BY THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF 1980, AS
AMENDED, AND REGULATIONS PROMULGATED THEREUNDER. PURCHASER
FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE
OPPORTUNITY TO INSPECT THE PROPERTY, PURCHASER IS RELYING SOLELY
ON ITS OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY
INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER. AS A MATERIAL
PART OF THE CONSIDERATION FOR THIS AGREEMENT, SELLER AND
PURCHASER AGREE THAT PURCHASER IS TAKING THE PROPERTY AS IS
WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE IS NO
WARRANTY BY SELLER THAT THE PROPERTY IS FIT FOR A PARTICULAR
PURPOSE. PURCHASER ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY
REPRESENTATIONS, STATEMENTS, ASSERTIONS OR NON-ASSERTIONS BY THE
SELLER WITH RESPECT TO THE PROPERTY CONDITION, BUT IS RELYING
SOLELY UPON ITS EXAMINATION OF THE PROPERTY. PURCHASER TAKES THE
PROPERTY UNDER THE EXPRESS UNDERSTANDING THERE ARE NO EXPRESS
OR IMPLIED WARRANTIES (EXCEPT FOR LIMITED WARRANTIES OF TITLE SET
FORTH IN THE CLOSING DOCUMENTS). UPON CONVEYANCE, AS BETWEEN
SELLER AND PURCHASER, THE RISK OF LIABILITY OR EXPENSE FOR
ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY, EVEN IF ARISING
FROM EVENTS BEFORE CLOSING, WILL BE THE SOLE RESPONSIBILITY OF
PURCHASER, REGARDLESS OF WHETHER THE ENVIRONMENTAL PROBLEMS
WERE KNOWN OR UNKNOWN AT CLOSING. ONCE CLOSING HAS OCCURRED,
PURCHASER INDEMNIFIES, HOLDS HARMLESS AND RELEASES SELLER FROM
LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY,
INCLUDING, BUT NOT LIMITED TO, UNDER THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT
(CERCLA ), THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA),
THE TEXAS SOLID WASTE DISPOSAL ACT OR THE TEXAS WATER CODE.
PURCHASER INDEMNIFIES, HOLDS HARMLESS AND RELEASES SELLER FROM
ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS OR CONDITIONS
NOT ANY WILLFUL ACTS OR OMISSIONS OR GROSS NEGLIGENCE OF SELLER
Purchase Contract 1224 Abelia Drive
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HARMLESS AND RELEASES SELLER FROM ANY LIABILITY FOR
ENVIRONMENTAL PROBLEMS OR CONDITIONS AFFECTING THE PROPERTY
ARISING AS A RESULT OF THEORIES OF PRODUCTS LIABILITY AND STRICT
LIABILITY, OR UNDER NEW LAWS OR CHANGES TO EXISTING LAWS ENACTED
AFTER CONVEYANCE DATE THAT WOULD OTHERWISE IMPOSE ON SELLER IN
THIS TYPE OF TRANSACTION NEW LIABILITIES FOR ENVIRONMENTAL
PROBLEMS OR CONDITIONS AFFECTING THE PROPERTY. PROVISIONS OF THIS
SECTION SHALL SURVIVE THE CLOSING. IT IS UNDERSTOOD AND AGREED
THAT THE PURCHASE PRICE HAS BEEN ADJUSTED BY PRIOR NEGOTIATION TO
REFLECT THAT ALL OF THE PROPERTY IS SOLD BY SELLER AND PURCHASED
BY PURCHASER SUBJECT TO THE FOREGOING. PURCHASER ACKNOWLEDGES
AND ACCEPTS ALL THE TERMS AND PROVISIONS BY HIS ACCEPTANCE
HEREOF.
b. The provisions of Section 5(a) shall be incorporated into the Deed.
c. The provisions of Section 5(a) shall survive the Closing.
Section 6. Option Period. DELETED BY AGREEMENT OF THE PARTIES
Section 7. Tests. Purchaser, at Purchaser's sole cost and risk, shall have the right to
make inspections, surveys, test borings, soil analyses, and other tests, studies and surveys,
including without limitation, environmental and engineering tests, borings, analyses, site
assessments, and studies (
expense, and PURCHASER AGREES TO INDEMNIFY AND DEFEND SELLER AND THE
PROPERTY FROM ANY LIENS AND CLAIMS RESULTING FROM SUCH TESTS. The
Propert
following any site work. Purchaser shall release to Seller any and all independent studies or results
of Tests obtained during the Option Period.
Section 8. Closing Contingencies. DELETED BY AGREEMENT OF THE PARTIES.
Section 9. Closing.
(a)
occur through the office of the Title Company no later than eighteen (18) months after the Effective
Date. At the Closing, all of the following shall occur, all of which are deemed concurrent
conditions:
(1) Seller, at Purchaser's sole cost and expense, shall deliver or cause to be
delivered to Purchaser the following:
(i) A Special Warranty Deed (Deed ), fully executed and
acknowledged by Seller; conveying to Purchaser good and indefeasible fee
simple title to the Property subject to existing known or unknown
Purchase Contract 1224 Abelia Drive
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easements, rights-of-way, and prescriptive rights, whether of record or not;
containing (A) reservations pursuant to Section 1(c), (d) and (e); (B) the
following statement as required by Local Government Code 272.001(h),
To protect the public health, safety, or welfare and to ensure an adequate
municipal water supply, the Property sold by the City of Fort Worth under
Local Government Code 272.001(h) is not eligible for and the owner is not
entitled to the exemption provided by Section 11.142(a), Water Code; and
(C) the language required in Section 5, with the precise form of the Deed to
be determined pursuant to Section 11 below;
(ii) Any other instrument or document necessary for Title Company to
issue the Owner Policy in accordance with Section 9(a) (3) below.
(2) Purchaser, at Purchaser's sole cost and expense, shall deliver or cause to be
delivered to Seller through the Title Company a certified check or such other means
of funding acceptable to Seller, in an amount equal to the Purchase Price, plus any
rent due and owing under the Lease Agreement.
(3)
expense, a Texas Owner Policy of Title Insurance (Owner Policy ) issued by Title
Company in the amount of the Purchase Price insuring that, after the completion of
the Closing, Purchaser is the owner of indefeasible fee simple title to the Property,
subject only to the Permitted.
(4)Seller and Purchaser shall each pay their respective attorneys' fees.
(5)Except as otherwise provided herein, all costs and expenses in connection
with Closing shall be paid or borne by Purchaser including without limitation, Title
Company attorney and escrow or settlement fees, costs of tax certificates, survey
costs, and title insurance policy costs.
(6)Purchaser shall be responsible for all ad valorem and similar taxes and
assessments, if any, relating to the Property.
(c) Upon completion of the Closing, Seller shall deliver possession of the Property to
Purchaser.
Section 10. Agents. Seller and Purchaser each represent and warrant to the other that it
has not engaged the services of any agent, broker, or other similar party in connection with this
transaction except the following: NA. PURCHASER SHALL BE SOLELY
RESPONSIBLE FOR AND SHALL INDEMNIFY SELLER FROM PAYMENT OF ANY
BROKERAGE FEES OR COMMISSIONS.
Section 11. Closing Documents. DELETED BY AGREEMENT OF THE PARTIES.
Purchase Contract 1224 Abelia Drive
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Section 12. Notices.
(a) Any notice under this Contract shall be in writing and shall be deemed to have been
served if (i) delivered in person to the address set forth below for the party to whom the notice is
given, (ii) delivered in person at the Closing (if that party is present at the Closing), (iii) placed in
the United States mail, return receipt requested, addressed to such party at the address specified
below, or (iv) deposited into the custody of Federal Express Corporation to be sent by FedEx
Overnight Delivery or other reputable overnight carrier for next day delivery, addressed to the
party at the address specified below.
(b) The address of Seller under this Contract is:
City of Fort Worth With a copy to:
Property Management Department City of Fort Worth
Attn: Nita Shinsky
100 Fort Worth Trail, Fl 10 Attn: Sophie Mathews
Fort Worth, Texas 76102 100 Fort Worth Trail, Fl 11
Fort Worth, Texas 76102
(c) The address of Purchaser under this Contract is:
Joyce Kaler
12104 Fairway Meadows Drive
Fort Worth, TX 76179
(d) From time to time either party may designate another address under this Contract
by giving the other party advance written notice of the change.
Section 13. Termination, Default, and Remedies.
(a) If Purchaser fails or refuses to consummate the purchase of the Property pursuant
to this Contract at the Closing for any reason other than termination of this Contract by Purchaser
pursuant to a right so to terminate expressly set forth in this Contract or Seller's failure to perform
Seller's obligations under this Contract, then Seller, as Seller's sole and exclusive remedy, shall
have the right to terminate this Contract by giving written notice thereof to Purchaser prior to or
at the Closing, whereupon neither party hereto shall have any further rights or obligations.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, PURCHASER
ACKNOWLEDGES THAT A TERMINATION OF THIS CONTRACT PURSUANT TO
THE TERMINATION RIGHT IN THIS SECTION 13(a) OR ANY OTHER
TERMINATION RIGHT HEREIN WILL BE A DEFAULT BY LESSEE UNDER THE
LEASE AGREEMENT, AND PURCHASER/LESSEE WILL THEN BE SUBJECT TO
THE TERMINATION RIGHT OF THE SELLER/LESSOR IN THE LEASE
AGREEMENT.
(b) If Seller fails or refuses to consummate the sale of the Property pursuant to this
Contract at Closing or fails to perform any of Seller's other obligations hereunder either prior to or
Purchase Contract 1224 Abelia Drive
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at the Closing for any reason other than the termination of this Contract by Seller pursuant to a
right so to terminate expressly set forth in this Contract or Purchaser's failure to perform
Purchaser's obligations under this Contract, then Purchaser shall have the right to terminate this
Contract by giving written notice thereof to Seller prior to or at the Closing. A termination by
Agreement.
Section 14. Entire Contract. This Contract (including the attached exhibits) contains the
entire contract between Seller and Purchaser, and no oral statements or prior written matter not
specifically incorporated herein is of any force and effect. No modifications are binding on either
party unless set forth in a document executed by that party.
Section 15. Assigns. This Contract inures to the benefit of and is binding on the parties
and their respective legal representatives, successors, and assigns. Any assignment must be
approved by City of Fort Worth and this Contract cannot be assigned less than 60 days prior to the
scheduled Closing.
Section 16. Time of the Essence. It is expressly agreed that time is of the essence with
respect to this Contract.
Section 17. Taking Prior to Closing. If, prior to Closing, the Property or any portion
thereof becomes subject to a taking by virtue of eminent domain, Purchaser may, in Purchaser's
sole discretion, either (i) terminate this Contract, and neither party shall have any further rights or
obligations hereunder, or (ii) proceed with the Closing of the transaction with an adjustment in the
Purchase Price to reflect the net square footage of the Property after the taking.
Section 18. Governing Law. This Contract shall be governed by and construed in
accordance with the laws of the State of Texas.
Section 19. Performance of Contract. The obligations under the terms of the
Contract are performable in Tarrant County, Texas, and any and all payments under the terms of
the Contract are to be made in Tarrant County, Texas.
Section 20. Venue. Venue of any action brought under this Contract shall be in Tarrant
County, Texas if venue is legally proper in that county.
Section 21. Severability. If any provision of this Contract is held to be invalid, illegal,
or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any
other provision, and this Contract will be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein.
Section 22. Business Days. If the Closing or the day for performance of any act required
under this Contract falls on a Saturday, Sunday, or legal holiday for the City of Fort Worth or
federal holiday, then the Closing or the day for such performance, as the case may be, shall be the
next following regular business day.
Purchase Contract 1224 Abelia Drive
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Section 23. Multiple Counterparts.This Contract may be executed in any number of
identical counterparts. If so executed, each of such counterparts is to be deemed an original for all
purposes, and all such counterparts shall, collectively, constitute one agreement, but, in making
proof of this Contract, it shall not be necessary to produce or account for more than one such
counterpart.
This Contract is executed as of the Effective Date.
SELLER: PURCHASER
CITY OF FORT WORTH, TEXAS JOYCE KALER
By:By:
Valerie Washington, Assistant City Manager Joyce Kaler
ATTEST:
______________________________
Jannette S. Goodall
City Secretary
M&C: L-15964
1295: N/A
APPROVED AS TO LEGALITY AND FORM
_________________________________________
Sophie Mathews, Assistant City Attorney
CONTRACT 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
Purchase Contract 1224 Abelia Drive
pg. 10
By its execution below, Title Company acknowledges receipt of this Contract and agrees to hold
and deliver the same and perform its duties pursuant to the provisions of this Contract.
TITLE COMPANY:
By: Alamo Title
Name: Lavonne Keith and Robin Rogers
Title: Escrow Agent
Date:
Phone 817.921.7393
Exhibit A
Property Description
Lot 17, Block 32, Lake Worth Leases, an addition to the City of Fort Worth, Tarrant
County, Texas, according to the Plat thereof recorded n Cabinet A, Slide 9266, Plat
Records, Tarrant County, Texas, said property also being known as 1224 Abelia Drive,
Fort Worth, Texas 76135
LEASE AGREEMENT
�'^� _�
` THE STATE OF TEXAS � '��r �
iNOW ALL btEtV BY TffiSE PRESENTS � �;�
_ - COUNTY OF TARRANT � '�U��, , �� -;
;� ,.
n. `'�.� f� •
The CYty of Fprt Worth, i.esspr, a homo-ruk manicipal corporatipn situated ia T�rani Countj�, tsas, (hes�oi�after
sometimes referred to as "City") acting herdn by aad tl�rough \ `- xfs duly suthonzed
G�ty Manager, arid ��• �•��`��T -I.essee, haeby make and catcr iafo the foIlowing lease agree-
=_-'s ment. �i��C;�F isT. F�' ��,i'2
- �,
� � For and 'm consideration of the prompt paymeat i�y I.esser, .vhen due, of all rents as herein provided, and further
-• for and in consideration of the full aad �mely perfos�maaa by L�essee of ali of Lessee's duties and obligations in strict
compliamcx witla the oovsnants. conditions and agrxments herein oontaiaed, Gyty hereby demises and leases to Lessee,
- aad I.essa hereby acxepu from City, the foilowing de.scribed real pzoperty for ihe tam and uses and subject to the
-- conditioas set forth herein:
LQT I7, siLCC� 32, 7.t�r.E 'va�r�x?: L��� Si�6'�'�
lsz� �.�2te �'ve'�a
II. TERM
The term of the lease shall be ��' ycars cammencing �`��� �', Z��` and cnding
.Ti3�zY� 3�,� �S:;Z
The City may offer five (5) year eztensions to the term of the lease on czch fifth annivexsary of the lease. ihe Lessee
may nfuse such extension by giving notice to ffie City, in wribng, within sixty (60) days after raxipt of notice of any
eztrnsion.
III. LFSSEE'S RIGHTS AND OBLIGATION5
Lessee shall:
A. pay annual rent to Lhe City of Fort Worth in the sum of ���` -��- - said rent payable in 12 equal
iastallments, one such installment dne oa ihe fust of eac.h month.
B_ pay the rent due under this lease to the Assasor-Collector of Taxes for the City of Fort Worth, or other office
daignated by the City.
C. pay rent for each year after the first year in an amouni that shall be adjusted by eighty percent (80%) of the
:haner in rhg g,nnnal ayr.ae= O£rhP f nns,wme. Prirr Tnri�.R C�.S. �.ry �ar.�oe� s�nll :L�I^.S" L.L�C :� 011 •.`...ti'g.^„� C^na�mA.�
(CPT-L� from the annual average for the previous calendaz yeaz, as published by the Bureau of Labor Staustics for the
United States Departmeni of Labor, said adjustment to be computed by dividing the CPI-i7 for the most recent year
by the CPI-U for the immediately preceding year, svbtracting one (1) from that quouent, mulUplyinB that result by
eight-tenths (0_8}, adding one (i) to that product, and muliiplying that surn by the rent for the previous year.
p, be able to use ti�e leased iand for residential and water rxreational purposa, in compliance with applicable
zoning ordinaaces.
£. use and occupy the leased laad, in compliaace with the laws of the LTnited States of America, the statutes of
the State of Texas, and the Charter and Ordinances of the City of �'ort Worth, whether now in effect ox hereinafter
adopted so Iong as any hereinafter adoptcd ordinance or charter provision is not adopted solely for the purpose of
iimiting the righis of Lessee and similazly situated Lessees.
F. accept the premises in their present condition as being suitable for all purposes of tius lease.
G, be deezned to be an independent tenant in possession of the premises aad raponsible to alt parties for his acts
and omissions with regard thereto, and the City shall in no way be responsibk for any act or omission of the Lessre.
H. iademnify, hold harmless and defend the City, its officers, agents, and employees, from and against any and
all claims for damages or injury, including dcaih, to persons or property arisiag out of or iacident to the leasing or the
use and octupancy of the leased land by L.essee, his guests or invitces.
I. indemnify, hold harmiess and defend City from and agaiast any and all mechanic's and matzrialmen's liens or
any ot�er lien, claim or charge imposed upoa tiie leaszd land or rising as a result of any conduct or activity by the
I.�sse• nr anvone on hi� b�half.
. _
J. prs�vide and maintain svitable methods and means for the dssposal of trash, body waste, and excreta, in com-
pliancc wiih applicable sanitation laws and ordiaancrs.
K. aot dsili or dig any weil on the leased Iand wifhout the prior arritten approval of the G�ty nor use the water
from such welf vniil it has bem tested aad approved by the appropriau authoritia.
L. not commit, or allow to be committed, any waste on the premises, nor create or allow any nuisance to esist on
the prcmises.
M. not keep or permit any saimals oa thc leascd prcmises other than domesticated dogs and cats.
IV. LFSSOR'S RIGiiTS AND OBLIGATIONS
The C4tY of Fort Wortii sLall:
A.. apDrove the sale e�r assigmment (herei�kafter collxtivdy assigament) of this lease or remaining term, provided
that:
!. all amounts owed to the CYty here¢ndu and City ad valorem tazes are paid current to the daie of such assign-
ment; ancl
2: �tiae assigument is evidenced in writin8; 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 Iease; awd
4. ; said writing is executed and ackaowledged ia recordable form; and
'. 5. said assignment is submitted to t�e GYty at the GYty Manager's office or such other office designated by the
CSty Manager.
Wztkun 10 days of receipt of the assignment ihe C5ty shall determine whether the assignment is in compZiance with
provisioas A-1 through A-5 above and notify both parties to said assignment if the assignment does not compiy with
those provisions. The City shalI acknowledge compliance wi#h the above provisions on the face of said assignment,
and assigzuaent shall thcn be recorded in the office of the County Clerk of Tarraat County, Texas, at Lessee's ex-
pense. Compliance with the provisions set out above shalI relieve the Lessee from further liability under this lease.
B. have the righi #o inspect the leased premises for compliance with GS�ty of Fort Worth Minimum Buiiding Stan-
dards Code,CSty Ordinance No. 8006,at the time of any sale or uansfer. The City shall notify ti►e purchaser or assignee
in writing of any violations of said ordinance within 10 rlays of the submission of a proposed assignment to the City.
i he gex: ci:aser or assignee shall not be issned a cerki�cate of occupancy by the City untii tue reguixernents of such or-
dinance have been compIied with.
C. shall not convey, sell, or transfer its interest in the leased iand without allowing the Lessee the opportunity to ac-
quire the leased laad unless the conveyance, sale, or transfer is to a govesnmental entity with the power to condemn
the property for the purpose it is acquired. All transfers shall be snbject to the competitive bidding laws of the State 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 avmber of years remaining
in the term of this lease.
E. have the right to enter upon tkae above described property at reasonable times and under reasonable cir-
cumstances for the purposes of examiaing and inspecting the leased land to determine whether I,essee has complied
with his obligations hereunder. This provision shall not be construed to authorize entry into residences or other
buildizags on the leased lazAd except where such entry is speci�cally authorized by the provisions of this ]ease, the
statutes of the State of Texas, or the ordinances of the City of Fort Worth. '
F. warrant that Lessee wilI have quiet eajoyznent az�d peaceful possession of the leased Iand, and that the City will
defend the Lessee in such quiet enjoyment and peacefui possession during the term of this lease.
G. The City Maz►ager shall review this lease prior to each fifth anniversaxy and shall make recommendations to the
City Council regazding extensions.
V. LESSOR'S OP310NS
The City of Fort Worth may, in the ev�nt that Lessee sha?! g:ve ae*ice to !}::'CI+Y +h_Y 2 f1�2n� zl Y�2; ��:::Y tx:s.s i:�
the paymient of rentals due hereunder, the City Manager may waive any portion of that year's rent afrer consideration
of said hardship. Lessee shall have the right to present his request to the City Council of Fort Worth should the City
Manager deny #he request.
Any rents waived as a result of such hazdship and remaining unpaid shall constitute a lien against the Lessee's im-
provements and such unpaid rents shall beaz interest at the current lega] rate.
Lessee may:
VI. LESSEE'S OPTIONS
A. sell, assign, or sublet this lease or remaining tez�n thereof.
B. construct new strnctures and enlazge e�sting structures on the leased land provided that such construction is in
accordance with all app�icable City Codes and Ordinances.
C. make alterations, remodel, and make improvements to existing structures and the leased Iand, prov9ded that
such actions shall be in accordance with applicable City Codes and Ordin2nces.
D. terminate this lease without reimbursement foz Lessee's structures and improvements ai any time by giving the
City 30 days notice of intention to terminate.
VII. EXPiRAI'ION OF L�EASE
A. Upon expiration�of the term of this lease the City shall pay to the Lessee an arnount equal to the then mar3cet
va]ne of any structures or improvements heretofore made or erected on the leased prunises, e�ccepc that payments for
any new structure and enlazgements to existing structures made or erected during the fma135 yeazs of the lease term
will be a pro rata amount based on the number of years the suucture or improvements are in place or the number of
years remaining on the lease at t3ie time said structure or improvemez�ts we�re made, whichever is greater, times 2.86
percent, never to exceed 100�10 of the mazket value of the new structvre and the enlargement to the existing structure.
B. Rep3acement of all or part of stmctures destroyed in who]e or in part by fire, ea�plosion or act of God are deemed
structures or improvemenu heretofose made or erected on the leased premises. .
C. 1'he City shall pay the Lessee the market value of ti►e suvctures and 'rmprovements as defined above upon
possession of the property_ Acceptance of the amount offered by fhe City does not forfeit Lessee's right Yo dispute the
amount paid, nor shail any acceptance constitute a waiver of any.ieeal remeriv T.essee may have to deteru�ine market
value. ln cne event t1aaY a court of competeni jurisdiction determines that ihe amount paid to the Lessee by the City is
in excess of mazket value of such structures or improveme�ts, the Lessee shall promptly refund such excess to the City.
`�
VIII. TERMINATION OF LEA,SE
A. In the eveat the Lessee:
i. is in azr�ars in the payment of the rrnu, or otTaer amounts agreed to be paid under the terms of this ]ease; or
2. has failed to perform any obliSation umder this lease, theza We City may give notice to the Lessee of termina-
tion of t}xe 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 defauli or defauits upon which the
termination is based or the lcase shall be terminated.
B. In the evmt of a default by Lessee, and said Lessee does not take action Eo cure the default with'sn 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
pessonal paroperty within 90 days from the date of iease termination by defauIt, and shail vacate the leased land at the
end of said 90 days. All such property not removed w3t}sin 90 days s�all become the �roperty of the City.
C. In the event rentals to be paid under ihe terms of this lease is no# paid when due, an addi#ional late penalty of
Z_S�.'•'o per moath shall be added to the amount due.
- D. LTpoa termination of this lease or expiration of the term of tius lease, Lessce shall be cntitled and authorized to
remove from the premises all items of personal property belonging to Lessee not permanendy affixed t� t!�,e realty and
all structures and �improvements for which no reimbursement is made under the terms of this Iease.
IX. MORTGAGES
A. 50 long as no default exists under the terms of tkazs lease, the Lessee or any A,ssignee may mortgage his leasehold
atate and ;mprovements situated thereon to secure a loan or loans of money actual3y 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 eonditions
and covenants of this Iease.
C. Tn the event of a default ihat could result in the termination of this lease without reimbursement to Lessee for the
improvements and str¢ctures on the leased land, the City shall give notice to the mortgagee as is required Lo be given to
the Lessee, and said mortgagee shall have the right to cure said default and/or perform the terms and conditions of
ihis lcasc.
D. A mortgagee or trustee under a deed of trust shall have the samc right and power to assign this lease, in conjunc-
tion with a trustee's saIe or transfer to satisfy Lessee's obIigation to a mortgagee, as does the Lessee under the terms of
this lease.
E. At any time the City is to pay tite 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 Gity of its zn-
terest and has supplied aza address for said notice.
X. OWNERSHIP OF IMPROVEMENTS
All structures and improvements situated on the leased Iand when this ]ease is entered into are, and shall continue to
be, the property of the Lessee, and aIl improvernents hereinafter made by the Lessee on the leased land shaIl be the
property of the Lessee.
XI. SiTCCESSQRS IN Il\'TEREST
A. In the event of the death of a Lessee, his successors and estate shail succeed to his interest under this lease, and
those entitled by Iaw to succeed to the Lessee's interest in #he lease shall conYsnue to enjoy the rights and benefits
hereuander of the deceased Lessee;
B. In the event that the Lessee or his Assignee is adjudicated a bankrupi, said lease may be assigned as provided
above, and any Assignee shalI assume the duties and liabilities as set out above.
XII. VENUE
Venue of any acuon brought hereunder shall lie exclusively in Tazrant County, Texu.
Xiil. NOTICE
A. Any notice required under tixis lease, unless otherwise specified, shati be given by depositing ir_ the Uni!ed States
Mail as cerEi�ed mail, postage prepaid, addressed to the:
1. I.essee's or Assignee's at the address shown on fiais lease vnless said Lessee or Assignee has furnished to the
City, in writing, instnictions ta mail notices tn another address;
2. City Manager of the City of Fort Worth, City Hall, Fort Worth, Texas;
3. Mongagee at the address supplied to the City in writing for the mailing of such notice.
XIV. CONCLUSION
This instrument regresents the entise agreemrnt between the parties concerning the leasing of the leased ]and and
shall be binding upon and sha21 be to the beneft of the parties hereto, theix successors, assigns, and Iegal represen-
tatives, and a13 prior leases, assigwments, ox agreements of any nature concerning the leased land or propeny situated
ihereon aze superseded by the terms of tta�is Iease.
EXECT.ITED at Fort Worth, Tarrant County, Texas, this day of
_.. ,198_.
'i
STATE p� TEXAS §
COUNTY OF TARRANT § _
CITY OF fiORT WORTH
�� ���._
By _.
�������.�
�,�s� A. �. �a�s�
F�ormti�y t�', Sa��tt
�� �.:
s�, � -
BEFORE ME the undersigned authority, a Notary Public in and for the State of Te�as, on this day personally
appeared �• �•�-��~�-- , 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 Counry Texas, and as � `��� ,
thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. �-
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of ,
A.I?., k9$� _
My Coni;,niss�r� Expires: � ' �a y��
STATE OF TEXAS §
COUI�TY OF TARRAI�TT §
�J „�/J/a`tl-Ctir-.
� Notary Public in and for
the State of Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the Siate of Texas, on this day personally
appeared n. - 7.� ���=� lIDarothv &�'. �arnett _,known Eo me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and con-
sideration therein expressed.
:-,C,I'C�hT t�rIDER MY HAND AND SEAL OF OFFICE this �- S day of � h , A.D.
lg8 �-- :. '
�—��—v:� %�i
N�tary n.,hl�'� .. �� €c:
- — - the Staie of Texas
My Commission Expires:� �'" Z" 3` ��
4.
get�rn Recorded Aocuments to:
Susan Tedder, AdministraYive Technician
City of Fort �'o�h � Real Proper'ty
927 Taylor Street, Fort Worth TX 76102
A.r ROV�Y.` A5 TO FORM AND LE ALITY:
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C�ty Attomey e�'c'?�
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F�° CITY FW REAL PROPERTY 001
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��.i� 927 TAYLOR ST
FT WORTH, TX 76102
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=[n1 A R N I N G—TT3IS IS PP�E2T OF THE OFFICIAL RECORD--D O N O T D E S T R O Y'
S N D E X E D-- T A R R A N T C O t3 N T Y T E X A S
S U Z A N N E H E N D E R S O N-- COUNTY CZERK
O F F I C I A L R E C E I p T
T O: CITY F'W REAL PROPERTY 001
RECEIPT Np REGISTER RECD—BY PRINTEB DATE TIME
202100038 1�R96 N C 12/29/2001 06:17
INSTRUMENT FEECD TNDEXED TIME
1 D20I319b09 WD 20011229 06:17 CG
T O T A L: DOCUMENTS: Ol F E E S: 15_00
B Y:
ANY PROVISION WHICH RESTRIC'TS THE SALE RENTAL OR USE
OF TE3E DESCRIBED REAL PROPERTY BECAUSE OF COLOFt OR RACE
IS TNVALID �D UNENFORCEABLE UNDER FEDERP,.L LZ�W.
M Fa L': ' ����[:
AGE�T: adE �: 3��
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10/13/2020
M&C Review
CITY COUNCIL AGENDA F�RT�TI�
COUNCIL ACTION: Approved on 11/8/2016
DATE: 11/8/2016 REFERENCE NO.: L-15964 LOG NAME: 21LAKESALES
CODE: L TYPE: NON-CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Contract for Sale with Current Residential Lessees of City-Owned Lake Worth
Lease Addition Lots for Fair Market Value and Authorize Contemporaneous Lease
Amendment to Provide for a Shorter Term and the Disposition of Improvements Upon
Expiration (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager or his designee to:
1. Enter into a Contract for Sale with current residential lessees of City fee-owned Lake Worth Lease
Addition platted residential lots for a sales price that is fair market value as determined by an
appraisal by a certified appraiser; and
2. Enter into a Lease Amendment, contemporaneously with the Contract for Sale, with current
residential lessees of City fee-owned Lake Worth Lease Addition lots to amend the lease to provide
for a shorter term and the disposition of the improvements upon expiration.
DISCUSSION:
In 2000, the City of Fort Worth mailed letters to Lake Worth Lease Addition lessees of record offering
an option to purchase the land if the leased lot met the specified conditions of (1) their lot(s) being
platted and (2) connection to either municipal water or sewer. Multiple lots could not be platted at that
time and the lessees of those properties were never offered the option to purchase due to
deficiencies associated with the property which caused non-compliance with platting requirements.
Additionally, some of the lessees on properties that met the conditions of the City's offer for the option
to purchase did not enter into the Purchase Option Agreement with the City or lost the option due to
not adhering to the option Agreement conditions.
Lessees of platted and un-platted residential City-owned Lake Worth Lease Addition properties are
requesting to purchase the leased land on which they have put improvements. The current residential
leases expire in 2032 and per the lease terms the City is required to purchase improvements at fair
market value at that time. The current residential Lake Worth Lease Addition lease terms do not
authorize the sale of the land to the current lessee or the extension of the lease.
This Mayor and Council Communication will provide for current lessees of residential City-owned lots
in the Lake Worth Lease Addition whose lots meet platting conditions, and who comply with the
conditions outlined below to be eligible to purchase their leased lot from the City at the fair market
value determined at time of the purchase.
Conditions of Purchase:
Property must be platted at the expense of the lessee.
Lessee must hire an approved appraiser to obtain a fair market value appraisal of the land to be
conveyed.
Lessee must execute a Lease Amendment that provides for a lease termination date that is the
earlier of (i) closing on the purchase of the property or (ii) 18 months after the date of the
amendment at which time the improvements would become property of the City.
Lessee must execute a Purchase and Sale Agreement contemporaneously with the Lease
Amendment requiring a closing date of no more than 18 months from the date of execution.
apps.fortworthtexas.gov/cou ncil_packet/mc_review.asp?ID=22991 &councildate=ll /8/2016 1 /2
10/13/2020 M&C Review
All revenue from the sale of the land will be deposited in the Lake Worth Trust Fund to be used for
capital projects around the lake as approved by the Property Management Director.
This property is located in the COUNCIL DISTRICT 7, Mapsco 44, 45, 46, 58 and 59.
This M&C does not request approval of a contract with a business entity. However, if the 1295 form is
required, it will be provided by the lessee at the time of contract execution.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that Property Management Department will be responsible for the
collection and deposit of funds.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID I I I Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
LAKEWORTH RESIDENTIAL LEASES 8x11.pdf
Jay Chapa (5804)
Steve Cooke (5134)
Lester England (8053)
Jean Petr (8367)
apps.fortworthtexas.gov/council_packet/mc_review.asp?ID=22991 &councildate=ll/8/2016 2/2
City Secretary’s Office
Contract Routing & Transmittal Slip
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.
Contractor’s Name:
Subject of the Agreement:
M&C Approved by the Council? *Yes No
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes No
If so, provide the original contract number and the amendment number.
Is the Contract “Permanent”? *Yes No
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential?*Yes No If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: Expiration Date:
If different from the approval date. If applicable.
Is a 1295 Form required?* Yes No
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number:If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes No
Contracts need to be routed for CSO processing in the following order:
(Approver)
Jannette S. Goodall (Signer)
Allison Tidwell (Form Filler)
Permanent Contracts
Advanced Funding Agreements
Architect Service
Community Facilities
Completion Agreement
Construction Agreement
Credit Agreement/ Impact Fees
Crossing Agreement
Design Procurement
Development Agreement
Drainage Improvements
Economic Development
Engineering Services
Escrow Agreement
Interlocal Agreements
Lake Worth Sale
Maintenance Agreement/Storm Water
Parks/Improvement
Parks/Other Amenities
Parks/Play Equipment
Project Development
Property/Purchase (Property owned by the City)
Property/Sales (Property owned by the City)
Property/Transfers (Property owned by the City)
Public Art
Sanitary Sewer Main Replacements
Sanitary Sewer Rehabilitations
Settlements (Employees Only)
Streets/Maintenance
Streets/Redevelopment
Streets/Repairs
Streets/Traffic Signals
Structural Demolition (City owned properties)
Utility Relocation
Water Reclamation Facility
Water/Emergency Repair
Water/Interceptor
Water/Main Repairs
Water/Main Replacement
Water/Sanitary Sewer Rehabilitation
Water/Sewer Service
Water/Storage Tank