HomeMy WebLinkAboutContract 31306-A2 CITY SECRETARY ,
CONTRACT NU.
STATE OF TEXAS §
§ Know All Persons by These Presents:
COUNTY OF TARRANT §
ASSIGNMENT OF LEASE,OPTION,AND NON-EXCLUSIVE LICENSE AGREEMENT
WHEREAS,on the 9th day of February , 1982, the City of Fort Worth,
acting by and through its duly authorized Assistant City Manager, entered into a certain lease agreement (the
Lease) with Myrtle Dulong ,whereby the City of Fort Worth leased for a period of 50
years, and 0 months, commencing on the 1st 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:
Lot(s) 6 Block 15 ,Lake Worth Lease Survey,Tarrant County,Texas,
and otherwise known as aka 7360 Love Circle
WHEREAS,a copy of the Lease is attached hereto as Exhibit A and incorporated herein by reference as if
set forth in full;and
WHEREAS, the Lease was amended in City Secretary Contract Number 31306 to correctly
identify the Leased Land as Lot 6 , Block 15 Lake Worth Leases an addition to the City of Fort Worth,
Tarrant County,Texas,as shown on the plat recorded in Cabinet A,Slide 9384A-9384A Plat Records,Tarrant
County,Texas;and
WHEREAS, a copy of the lease is attached hereto as Exhibit A and incorporated herein by reference as if
set forth in full: and
WHEREAS, on January 31, 2005, The City of Fort Worth and Shirley J. Maxwell entered into an Option
Agreement("Option Agreement') to sell the Property covered under the Lease to Shirley 1.Maxwell: and
WHEREAS, the current LESSEE(S) and Option Holder(s) under the Lease,Option Agreement, and Non-
Exclusive Joint License Agreement(X) J P Morgan Chase Bank National Association , ASSIGNOR(S), desire to
assign the Lease and Option Agreement to (xx)Nina Rogers, ASSIGNEE(S), pursuant to the provisions of Section
IV(A) thereof.
NOW THEREFORE, the City of Fort Worth does hereby consent to the assignment of the Lease and
Option Agreement from ASSIGNOR(S),to ASSIGNEE(S).
As consideration for the assignment of the Lease, Option Agreement and the Non-Exclusive License Agreement,
ASSIGNEE(S) hereby expressly accept(s) and assume(s) all obligations and liabilities of ASSIGNOR(s) under the
terms of the Lease,Option Agreement and the Underground License Agreement and agree(s) to be bound by all
the terms,provisions and covenants therein.
Specifically, ASSIGNEE(S) is/are aware, and acknowledge(s) receipt of Notice from LESSOR, that the
ASSIGNOR(S) is/are in violation under the terms of the Lease with regard to:
inadequacy of current septic system serving the lot;
inadequacy of current water well serving the lot;
other An Underground License A eement (UGL) supports this lease vrover and will
transfer to the new Lessees in conjunction with the Lease Transfer. Seller to verify with the buyer the location of
the drain field covered under the UGL OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Further, ASSIGNEES) is/are aware that ASSIGNEES) will be required to cure the aforementioned violation
within forty-five (45) days of the date of the assignment or the Lease will be terminated by default, and
ASSIGNEES) shall not be entitled to reimbursement by LESSOR for the value of the improvements on the
property,if any.
In addition, ASSIGNEE(S) acknowledge(s) that LESSOR is not obligated to extend the forty-five (45) day time
period during which any violation under the Lease must be cured. Nothing contained herein shall be considered
as altering or extending the forty-five (45) day time period or as releasing any claim or course of action LESSOR
may have against ASSIGNOR(S) in connection with their obligations or liabilities under the terms of the Lease.
LESSOR'S consent to the assignment of the Lease and Option Agreement 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 ASSIGNOR(S)is/are not current on any and all obligations owed
to LESSOR under the terms of the Lease, this Assignment if Null and Void and of no force and effect.
ASSIGNEE(S) shall pay to LESSOR a one hundred twenty five dollar ($150.00) assignment fee to defer the
administrative fees associated with this assignment.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of
APPROVED AS TO FORM AND LESSOR: The City of Fort Worth
LEGALITY
jJJAAA 4��
sistant City Attorney Assistant City Manager
ASSIGNOR: ASSIGNEE: -
/ Kelly Livingstop %
(X) C� ti (xx) M4,0,' L64�
By: Nina Rogers
JP Morgan Chase Bank,National Association
7255 Baymeadows Way,Jacksonville,FL.32256 14082 Rucker St.,Azel,TX 76020
(Address) (Address)
(949)999-6704 (972)304-4110
(Phone No.) (Phone No.)
RETURN RECORDED DOCUMENT TO:
City of Fort Worth
Real Property Managemen
900 Monroe Street,Suite 301 OFFICIAL RECORD
Fort Worth,Texas 76102
CITY SECRETARY
FT. WORTH, TX
STATE OF §
COUNTY OF V §
BEFORE ME, the undersigned authority, personally appeared (X) Kelly Livingston
known to me to be the person(s)whose name(s) is/are subscribed to the foregoing Agreement, 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 ( day of
20 1U
t .°!g•. BERNADETTE GILMORE
SAY COMMISSION 4 DID 792-1f t
'•� =+ EXPIRES:May 28,2012
Scmdea ihraa Notary Public Unde 4w Aef,
Notary Public
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, personally appeared (xx) Nina Rogers
known to me to be the person(s) whose name(s) is/are subscribed to the foregoing Agreement, 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 day of
�V•iGM U-4— 20 1 b.
CARISSA MCATEE
State of Texas
Notary Puhlic,
My Commission Expires
April 26, 2014
Notary Public
(City of Fort Worth Use Only)
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, personally appeared Fernando Costa
Assistant City Manager , known to me to be the person and officer whose name is
subscribed to the foregoing Agreement, and acknowledged to me that the same was the act of the City of Fort
Worth, a home-rule corporation, and that he/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 of
—(f') 20 �2_
aY"Q�6; ROSELLABARNES
MY COMMISSION EXPIRES
AG
Marct131,2013
Notary Public
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX