HomeMy WebLinkAboutContract 29565 CITY SECRETARY
CONTRACT NO.
FIRST AMENDMENT TO LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, the City of Fort Worth("Lessor"), acting by and through its duly authorized
Assistant City Manager and Barbara Joan Oliver made and entered
into a 50 year Lease Agreement ("Lease") on Februany 18 , 19 82 for property
described as Block 6. Lot 14, aka 8140 Woodvale Road , I ake Worth Lease Surveyand
WHEREAS, Lessor has platted or replatted the Leased Land since 1990 to correctly
identify and describe the Leased Land; and
WHEREAS, it is necessary to amend the Lease to correctly identify the Leased Land and
include the legal description as shown on the plat or replat recorded by Lessor since 1990.
NOW THEREFORE, Lessor and Lessee, acting herein by and through their duly
authorized representatives, for and in consideration of the rent paid, the covenants and
agreements to be performed, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, enter into the following agreement, which
amends Section I the Lease as follows:
Section I of the Lease is amended to provide that the Leased Land is comprised of
Loth , Block 6 ,*1 akP Worth I PasPs an additiu* shown on the
plat recorded in Cabinet A , Slide 6140 , Plat Records, Tarrant County,
Texas and as shown on the plat or replat attached to this First Amendment to Lease as
Exhibit"A".
* to the City of Fort Worth, embracing part of the Jose Basques Survey Abst No. 85
Except as amended by this First Amendment, all of the terms and conditions of the Lease are
ratified and remain in full force and effect.
EXECUTED as of the�6 day of ,,�,�rl� / ,200 6V
LESSOR
CITY OF FORT WORTH
Contract Authorization
Marc A. Ott,Assistant `'Manager Date
ATTE APPROV D AS TO FORM AND LEGALITY:
City Secretary AssLstanqtity Attorney
Ell
Amendment w/Original Lessee
LESSEE
Barbara JoantAiliver
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument , was acknowledged before me this the day of
20by Marc A. Ott, Assistant City Manager for the City of Fort Worth,
a municipal corporation, on behalf of said corporation.
I* Y° ROSELLA BARNES
NOTARY PUBLIC
tiN� * State of Texas
Comm Exp.03-31-2005 Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me this the 9th day of
January �by Rarhara Joannl i ver
LISA A. SCOTFORD
Notary Public
` ' STATE OF TEXAS
Notary Public, Stat of Texas
+�loF 61y Comm.up. f0/06f2007
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me this the day of
2003, by
Notary Public, State of Texas
h
Amendment with Transfer
III
EXHIBIT"A"
PLAT OF REVISED LEASED LAND
Lot 14 Block 6 1 a ke Worth eases an * to the City of Fort Worth,
Tarrant County,Texas as shown on plat filed at Cabinet A ,Slide 6140 ,.Plat Records,
Tarrant County,Texas
Attached
* addition to the City of Fort Worth, embracing the Jose Basques Survey Abst No. 85
Amendment with Transfer
City of Fort Worth, Texas
"a.qor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
2/19/02 L-13249 30OP-FION 1 of 2
SUBJECT APPROVAL OF OPTION TO PURCHASE AND PURCHASE AGREEMENT CONTRACT
TO FACILITATE THE DIRECT SALE OF LAKE WORTH LEASE PROPERTY
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to approve the Option to Purchase
and Purchase Agreement contract, with the Lessees of the Lake Worth lease properties listed on
Exhibit "A" to facilitate the direct sale of eligible Lake Worth lease properties. (See attached contract
and Exhibit "A")
DISCUSSION:
On July 15, 2001, House Bill No. 1490 was signed into law and went into effect. This amendment to
the Texas Local Government Code, Section 272.001(h), allows a municipality having a population of
575,000 or less and owning land within 5,000 feet of the shoreline of a lake, without notice or the
solicitation of bids, to sell the land to the persons leasing the land for the fair market value of the land.
In December 2001, City staff prepared an Informal Report to the City Council (Informal Report No. 8376
attached as Exhibit "B") which provided an update on the status of the sale of lease lots, and also
recommended a four-year Lease Lot Sales Plan and a Water/Sewer Infrastructure Improvement Plan
around Lake Worth. This sales plan includes 268 residential properties with an estimated market value
of$4.7 million.
In order to facilitate the direct sale of the residential Lake Worth lease properties, it is recommended
that a sales option contract be executed with the Lessees for the properties eligible for sale. The sales
option will allow the existing lessees to purchase their leased properties at today's fair market value
adjusted annually upward by 2% per year until sold by the City in accordance with the recommended
timeline outlined in Informal Report No. 8376.
The properties eligible for this contract are listed on the attached Exhibit "A". The option fee provided in
the contract is $500.
Due to the proximity of the Joint Reserve Base/Naval Air Station, an avigation easement will be
reserved on behalf of the public and incorporated into the Special Warranty Deed used to convey these
properties.
Proceeds from the sale of these City-owned Lake Worth lease properties will be deposited in a Lake
Worth Infrastructure Fund Account in accordance with M&C G-12916 dated May 16, 2000. The
proceeds are escrowed and designated for water and wastewater improvements within the area of the
City of Fort Worth surrounding and adjoining Lake Worth.
City of Fort Worth, Texas
"Agar And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
2/19/02 L-13249 30OPTION 2 of 2
SUBJECT APPROVAL OF OPTION TO PURCHASE AND PURCHASE AGREEMENT CONTRACT
TO FACILITATE THE DIRECT SALE OF LAKE WORTH LEASE PROPERTY
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Engineering Department, Real Property Services Division is
responsible for the collection and deposit of funds from this sale.
MG:n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
PE45 444192 0601000
Mike Groomer 6140
Originating Department Head:
Douglas Rademaker 6157 (from) APPROVED 02/19/02
Additional Information Contact:
Douglas Rademaker 6157
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/16/2003
DATE: Tuesday, December 16, 2003
LOG NAME: 30LEGAL DESCRIP REFERENCE NO.: **L-13727
SUBJECT:
Authorization of the Amendment of the Legal Descriptions of the Lease Lots for the Lake Worth
Lease Survey Properties to Reflect the Legal Description of the Current Plats Filed by the City of
Fort Worth
RECOMMENDATION:
It is recommended that the City Council authorize the amendment of the legal descriptions of the lease lots
for the Lake Worth lease survey properties in Blocks 1-32 to reflect the legal descriptions of the current
plats filed by the City of Fort Worth.
DISCUSSION:
The original Lake Worth lease survey was completed in 1956. Although the Lake Worth lease lots were
surveyed at that time, no plats were recorded. The City is making available for sale currently leased
residential lots that are or will be served by municipal water or sewer service. On February 19, 2002, (M&C
L-13249), the City approved the Option to Purchase and Purchase Agreement, which will transfer eligible
property to private ownership.
In order to sell the property under the Option to Purchase and Purchase Agreement, the City must plat the
residential properties. Platting the leased lots has resulted in changing some of the legal descriptions and
the boundary lines. The leases must be amended to reflect the new legal descriptions as designated on the
plat.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker (6157)
Logname: 3-OLEGAL DESCRIP Page 1 of 1