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HomeMy WebLinkAboutContract 26098 CITY CONTRACTN . LEASE AGREEMENT STATE OF TEXAS § CITY SECRETARY § SECTION 1. This lease agreement is made and entered into at Fort Worth, Texas, by and between the City of Fort Worth, hereinafter referred to as "Lessor", and Constantine G. and Juanita F. Caglagis , hereinafter referred to as "Lessee". SECTION 2. For and in consideration of the rental payments to be paid hereunder and the further agreements of the parties expressed herein, Lessor does hereby lease, let and demise the property described as follows: 845 Harmon Road, Haslet,Tx.. A tract of land situated in the J. A. Ashford Survey, Abstract No. 1776, Tarrant County, Texas, and the improvements located thereon, commonly known as 845 Harmon Road, Haslet, Texas, and more specially described in Exhibit "A", attached hereto and incorporated herein.The property described together with any and all structures, improvements, fixtures and appurtenances on, over and under said property shall be referred to herein as the "Leased Premises". SECTION 3. This lease shall be for a period of one (1) month commencing June 1, 2000, and terminating on June 30, 2000. This lease may be renewed for a maximum of two (2) successive periods of one (1) month each, provided that Lessee provides Lessor with written notice of its intent to renew on or before seven (7) days prior to the expiration of the term of the lease or any successive renewal thereof. The specified written notice shall be effective upon receipt by Lessor. The terms set forth herein shall govern and control the relationship of the parties hereto during any renewal period, except the rental amount which may be adjusted to fair market value. Lessor reserves the right to terminate the lease at the end of the term of any successive renewal thereof regardless of Lessee's intent to renew. SECTION 4. As consideration for this lease, Lessee agrees to pay monthly rental payments to Lessor in the sum of Seven Hundred Fifty Dollars ($750.00) said rent payable monthly in advance on the first day of each month. Payments must be received during normal working hours by the due date. Rent shall be considered past due if Lessor has not received full payment after the tenth (100) day of the month for which payment is due. Lessor will assess a late penalty charge of ten percent (10%) per month on top of the entire month's rent for each month for which rent is past due. Ut SECTION 5. (a) Lessee has this day deposited with Lessor the additional sum of($0.00) receipt of which is acknowledged by Lessor, as security for the full and faithful performance by Lessee of the terms, conditions, and covenants of this lease on Lessee's part to be performed and kept. This deposit does not constitute advance payment of the final rental payment due under this lease, unless the express conditions specified in Subsection (I) are met. NO DEPOSIT REQUIRED OR COLLECTED (b) Lessor agrees to hold such deposit for Lessee, and it is understood that Lessee's claim to such deposit shall be prior to any creditor of Lessor, excluding a trustee in bankruptcy. (c) Excluding the final rental payment to be made under this lease, if at any time during the lease term, Lessee defaults in the payment of rent or any portion of rent reserved in this lease, or of any other sums expressly constituting rent, other than advance rental payments, Lessor may appropriate and apply any portion of the security deposit as may be necessary to the payment of the overdue rent or other sums expressly constituting rent under this lease. (d) If at any time during the lease term, Lessee should fail to repair any damage to the leased premises that Lessee is required to repair under the terms of this lease for a period greater than thirty (30) days after Lessor serves on Lessee written demand to make such repair, then Lessor may appropriate and apply any portion of the security deposit as may be reasonably necessary to make such repairs. (e) If on termination of this tenancy for any reason, Lessee does not leave the leased premises in a reasonably clean condition and in good repair, excluding normal wear and tear, then Lessor may appropriate and apply any portion of the security deposit as may be reasonably necessary to put the premises in clean condition and good repair. As used in this lease "normal wear and tear" means deterioration that results from the intended use of dwelling, and does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises by Lessee, by a member of Lessee's household, or by a request of Lessee. (f) In the event actual cause exists for retaining all or any portion of the security deposit, Lessor shall return the balance of the security deposit, if any, together with a written description and itemized list of all deductions. Such deductions shall be limited to damages and charges for which Lessee is legally liable under this agreement or as a result of breaching this agreement. Lessor shall not be required to furnish a description and itemized list of deductions if there are any rentals due and unpaid at the time Lessee surrenders possession of the premises and there is no controversy over the amount of rentals due and unpaid. (g) Within thirty (30) days Lessee surrenders the premises, any remaining portion of the security deposit, after any lawful deductions as above, shall be returned to Lessee directed to the address left by Lessee specifically for such purposes. HOWEVER, LESSEE SHALL NOT BE ENTITLED TO ANY PORTION OF THIS SECURITY DEPOSIT AS A REFUND UNLESS LESSEE GIVES LESSOR THIRTY (30) DAYS NOTICE OF SURRENDERING THE PREMISES. (h) Should Lessor transfer Lessor's interest under this lease in any manner, Lessor must do one of the following acts, either of which will relieve Lessor of further liability with respect to such deposit: (1) Transfer the portion of such deposit remaining after any lawful deductions, as above, to the successor in interest, and thereafter notify Lessee by registered mail of the transfer and the transferee's name and address. On receipt of Lessee of a statement signed by the successor in interest acknowledging receipt of and responsibility for the security deposit, Lessor's successor in interest shall have all of the obligations of Lessor with respect to such deposit. (2) Return to Lessee the portion of such deposit remaining after any lawful deductions have been made. (i) If Lessee has provided notice of surrender of the Leased Premises in accordance with Subsection (g) herein, and Lessor, in its sole discretion, determines that the leased premises are in satisfactory condition and have been maintained in good repair, Lessee may elect to have the balance of the security deposit applied to Lessee's final payment due under this lease agreement. SECTION G. Lessee shall be responsible for the payment of all utilities. Lessee must pay promptly as they become due all charges for the furnishing of water, electricity, garbage service, and other public utilities to the leased premises during the term of this lease. SECTION 7. Lessee shall pay promptly all taxes, monthly charges, assessments and/or levies of any nature or character whatsoever which may be lawfully assessed, taxed, levied or made against the leasehold estate hereby created and/or any improvements or personal property located on the Leased Premises. SECTION 8. The Leased Premises shall be used solely and exclusively for private residential purposes for Lessee and their immediate family. SECTION 9. Lessor shall be entitled to institute proceedings to evict Lessee from the premises, at any time that Lessee is in default under this lease or holds over after the expiration of the lease term r- r� ~ n h �U � r 0 or any successive renewal terms, and Lessee hereby specifically waives any rights it may have to the following: 1. Notice by Lessor of termination of the tenancy; 2. Any notice to vacate or quit the premises as specified in the Texas Property Code, Section 24.005 (a); and 3. Any other notices required by law. SECTION 10. In the event the Lease is terminated for any reason or Lessee abandons or is evicted from the premises, Lessor shall not be responsible for any real or personal property of Lessee remaining on the premises at the time of said eviction, abandonment or termination, and said real or personal property shall be deemed abandoned by Lessee if it remains on the premises at any time subsequent to the termination of Lessee's lawful possession of the premises. SECTION 11. This lease does not give Lessee any right to use, mine, lease or otherwise derive any benefit from any oil, gas, coal, gravel, minerals or deposits of any type or nature, and title to all of said substances shall remain in Lessor. In addition, Lessee shall not have any right or claim to any damages or other monetary compensation for or related to any surface damage resulting from mining, drilling or other operations related to the removal of utilization of any such substances. SECTION 12. Lessee shall comply with all applicable laws and regulations prevailing in the jurisdiction in which the Leased Premises are located, including but not limited to federal, state, local laws and the City ordinances, rules, regulations and specifications. SECTION 13. Lessee shall not commit nor allow any waste to be committed on the Leased Premises, nor shall Lessee maintain, commit or permit the maintenance or commission of any nuisance on the Leased Premises nor use the Leased Premises for any unlawful purpose. SECTION 14. Lessee agrees that Lessee will maintain the Leased Premises and keep same in good repair at Lessee's sole cost and expense. All maintenance, repair and upkeep of the Leased Premises shall be in accordance with all applicable laws including City ordinances, rules, regulations, and specifications. 4 MV M((-N'' n6 FY SECTION 15. Lessee hereby represents that Lessee takes the Leased Premises in its present condition and the Leased Premises are suitable for the purposes specified herein. Lessee hereby waives the right to terminate this lease or sue for damages or pursue any other remedy against Lessor based on any patent or latent defects in, to or on the premises. SECTION 16. Lessee shall not construct any improvements or structures on the premises without the prior written consent of Lessor, and all improvements constructed on the premises shall be constructed at Lessee's sole expense. Lessee must maintain and protect all improvements, structures, fences or appurtenances existing on the Leased Premises. Lessee covenants and agrees that Lessee shall not be entitled to any reimbursement for the cost or value of said improvements, structures, fences or appurtenances. In addition, on or before the termination date of this lease, Lessee shall be responsible for removing any real or personal property owned or otherwise belonging to Lessee and not deemed to be the property of Lessor. The removal of all real and personal property of Lessee shall be accomplished solely through Lessee's efforts and in removing any of Lessee's real or personal property from the Leased Premises subsequent to the termination of this lease. The Leased Premises shall be deemed to have been abandoned by Lessee if Lessee does not use and occupy said premises in accordance with the purposes of this lease term or any successive renewal period. This lease shall be terminated upon the abandonment of the Leased Premises without notice to Lessee. SECTION 17. With respect to conditions that materially affect the physical health or safety of an ordinary tenant, Lessor must make a diligent effort to repair or remedy the condition if Lessee specifies the condition in a notice to the Real Property Management office, City of Fort Worth, 927 Taylor Street, Fort Worth, Texas 76102. Lessor is not required to repair or remedy such condition if Lessee is delinquent in the payment of rent at the time of giving notice of the condition, other than normal wear and tear, was caused during the lease term by Lessee or Lessee's family or guest. SECTION 18. Lessor and Lessee agree that Lessee will repair or remedy any of the following conditions that occur during the lease term or a renewal or extension of the term provided the condition is not caused by the Lessor's negligence, such repairs and remedies to be made at the Lessee's expense; 1) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the Lessee's dwelling; 2) damage to doors, windows, or screens; and 3) damage from windows or doors left open. This provision constitutes a waiver of the Lessor's statutory duty to repair or remedy such conditions under Subchapter B, Chapter 92 of the Texas Property Code. This waiver is made knowingly, voluntarily, and for consideration, receipt of which is acknowledged. This Provision does not relieve the Lessor of the statutory duty under Subchapter B, Chapter F119 (IGl6 irlvu VFW 92, of the Texas Property Code to repair or remedy, at the Lessor's expense, wastewater stoppages or backups caused by deterioration, breakage, roots, ground conditions, faulty construction, or malfunctioning equipment. SECTION 19. INTENTIONALLY OMITTED SECTION 20. LESSEE WAIVES THE RIGHTS AND REMEDIES SET FORTH IN SECTION 92.258 OF THE PROPERTY CODE REGARDING LESSOR'S STATUTORY DUTY TO INSPECT AND REPAIR any SMOKE DETECTOR INSTALLED IN THE DWELLING. Lessee agrees to inspect the smoke detector installed in the premises at the beginning of Lessee's possession and at regular intervals of three (3) months thereafter to determine that it is in good working order. Lessee must bear the cost of repairing the smoke detector. SECTION 21. Lessee shall not assign or sublet this lease without the prior written approval of Lessor, and any such unauthorized assignment or sublease shall constitute a breach of this lease. SECTION 22. Lessor shall have the right to terminate this lease at any time for any reason unrelated to Lessee's default or breach of any of the terms expressed herein by giving Lessee thirty (30) days written notice prior to the intended termination date. Lessor may terminate the lease immediately upon any default or breach of any of the provisions hereunder without any prior notice to Lessee. Said notices shall be deemed effective as of the date they are mailed. If Lessee elects to terminate the lease because of any alleged default or breach by Lessor or any lease provisions, Lessee shall be required to give Lessor immediate notice of said intention in writing stating specifically the reasons therefor and allowing Lessor thirty (30) days after the date of Lessor's receipt of such notice to cure any or all default(s) or breach(es) specified in said notice. If the specified default(s) or breach(es) of Lessor are cured within said thirty (30) day period, Lessee shall be deemed to have waived said specified default(s) or breach(es), and this lease shall continue to be effective unless terminated pursuant to some other provisions specified herein or by virtue of some subsequent uncured default or breach of Lessor, in which case Lessor shall be entitled to any additional notice period required by the terms of this lease. If this lease is terminated under this Section, or as a result of the expiration of the lease term or any renewal period, neither party shall have any further obligation or liability to the other under this lease, except that Lessee shall be liable for the breach of any term, covenant or G_'C�uG�D condition contained in this lease occurring prior to the date of the surrender of the premises by Lessee pursuant to the termination. Lessee shall be bound by the terms, covenants and conditions expressed herein until Lessee surrenders the premises regardless of whether the date of surrender coincides with the date of termination of the lease. The waiver by Lessor of any default or breach of a term, covenant or condition of this lease shall not be deemed to be a waiver of any other breach of that term, covenant or condition or of any other term, covenant or condition of this lease, regardless of when the breach occurred. Further waiver by Lessor of any default or breach of a term, covenant or condition of this lease shall in no way impair the right of the Lessor to avail itself of any remedy for any subsequent breach thereof. SECTION 23. Lessor reserves the right to enter upon the Leased Premises at all reasonable times for the purpose of inspecting the premises or otherwise using the premises, provided that any such entry does not conflict with Lessee's rights hereunder. SECTION 24. Lessee covenants and agrees to release, indemnify hold harmless and defend Lessor, its officers, agents, servants and employees, from and against any and all claims or suits for property damage, personal injury, or any other type of loss or adverse consequence related in any way to the existence of this lease or the use or occupancy of the Leased Premises, regardless of whether the act of omission complained of results from the alleged negligence or any other act or omission of Lessor, Lessee or any third party. SECTION 25. It is hereby agreed that Lessee will provide Lessor with a certificate of insurance documenting liability insurance at a minimum limit of$300,000 each occurrence as respects the property and premises addressed herein. The effective date of insurance coverage shall be commensurate with the term of the lease. Lessor shall be endorsed as an additional insured in the certificate. The insurer of Lessee's liability insurance shall be acceptable to the Lessor insofar as the company's financial strength and solvency. The policy providing liability insurance shall be endorsed to provide Lessor with a minimum thirty (30) day notice of cancellation, non-renewal or material change in coverage. Lessor's insurance requirements may be revised at Lessor's option, and Lessee shall respond accordingly within thirty (30) days of Lessee's receipt of a written notice of such requirement. Any failure on part of Lessor to request certification of insurance required herein shall not be construed as a waiver of such requirement. SECTION 26. All notices required hereunder shall be sent to lessor at the following address: Real Property Management City of Fort Worth 927 Taylor Fort Worth, Texas 76102 (o)FF8C0 A L J'E"06°?D 7o All notices of Lessee shall be sent to the following address: Street or Box No. 10113 J a-ks o n Ro&J City, State, Zip 1C m r�(-76 `- Mailing of all notices pursuant to this Section shall be deemed sufficient if mailed postage prepaid and addressed as specified above, unless either party has been notified in writing of any change in the other party's address. All time periods related to any notice requirements specified in this lease shall commence either on the date notice is mailed or on the date notice is received by the party to whom it is sent, depending on the terms specified in the Section requiring notice. SECTION 27. Lessee hereby agrees that the specific use of Leased Premises is for residential purposes only. Lessee further agrees that Lessee will not conduct any commercial use at the Leased Premises, without prior written approval of Lessor, and any unauthorized commercial use shall constitute a breach of this lease. SECTION 28. This lease shall constitute the entire agreement of the parties of this lease and shall supersede any prior agreements of said parties, either oral or written, pertaining to the subject matter specified herein. SECTION 29. This lease and the relationship created hereby shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce the terms of this lease or for any breach of this lease shall be in Tarrant County, Texas. SECTION 30. This lease shall be binding on the heirs, successors and lawful assignees or sublessees of Lessee and the successors or Lessor. Any person or entity using or occupying the Leased Premises without a lawful assignment or sublease shall be subject to all the responsibilities and liabilities of Lessee set forth hereunder and shall be subject to all the provisions regarding termination and eviction set forth herein. Any such person or entity shall be deemed to be an agent or representative of Lessee and shall be deemed to have notice of the terms, covenants, and conditions of this lease. SECTION 31. The term "Lessee" as used herein shall also include the agents, representative, employees, invitees and licensees of Lessee. g ��� U/ Cr�� C1LUWUo111 �F' ytF, ml. SIGNED this 10 41'day of U, 1 ATTEST: CITY OF FORT WORTH City 9cretary Assistant City Man ger APPROVED AS TO FORM AND LEGALITY: Lessee: By: Assistant City Att ney By 'u�u�r•, � � � A)D zYc u 112&- Contract Authorization Date i�� � 9 V Ua l'' N IUL'lp �t7Wo GF#: 99G00467W01 "Exhibit A" BEING a tract of land situated in the J.A. Ashford Survey, Abstract No. 1776, City of Fort Worth, Tarrant County, Texas and being a portion of that 10 acre tract of land as described by deed to Constantine Cus Caglagis and wife, Juanita F. Caglagis and recorded in Volume 7802, Page 1136, County Records, Tarrant County, Texas. Said tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with cap stamped "Carter & Burgess" found at the Northwest corner of that tract as described by deed to the State of Texas and recorded on Volume 12592, Page 1543. Said County Records. Said point being in the southerly line of Ronald W. Boaz tract as recorded in Volume 7066, Page 1055, said County Records, same also being in he Westerly right-of-way line of Interstate Highway 35W. The beginning of a curve to the left; THENCE 241.42 feet (previous deed 241.29 feet) along the arc of said curve to the left and along said Westerly right-of-way line of Interstate Highway 35w through a central angle of 02 degrees, 59 minutes, 40 seconds West, a radius of 4619.41 feet and a long chord of South 00 degrees, 53 minutes, 43 seconds West, 241.40 feet (previous deed 241.27 feet) to a Texas Highway Department Monument found. The Southwest corner of said State of Texas tract in the Southerly line of said Caglagis tract and the Northerly line of the David Worthey and wife, Sharleen Worthey tract as recorded on Volume 5892, Page 1978, said county records; THENCE South 89 degrees, 57 minutes, 37 seconds West, 1754.99 feet (previous deed 1755.13 feet)along the Southerly line of said Caglagis tract and the Northerly line of said Worthy tract to a '/z inch iron rod found. The Southwest corner of said Caglagis tract and the Northwest corner of said Worthy tract; THENCE North 00 degrees, 23 minutes, 32 seconds East, 241.14 feet (previous deed 240.88 feet) along the Westerly line of said Caglagis tract to a point from which a ''/z inch iron rod found bears South 89 degrees, 57 minutes, 10 seconds West , 0.18 feet. The Northwest Corner of said Caglagis tract and the Southwest corner of said Ronald W. Boaz tract; THENCE North 89 degrees, 57 minutes, 10 seconds East 1757.11 feet (previous deed 1757.32 feet) along the Northerly line of said Caglagis tract and the Southerly line of said Boaz tract to the Point of Beginning and containing 9.720 acres of land, more or less; NOTE: THE COMPANY DOES NOT REPRESENT THAT THE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT.