"Residential Sublease Agreement Form" - City of Rockwall, Texas

ADVERTISEMENT
ADVERTISEMENT

Download "Residential Sublease Agreement Form" - City of Rockwall, Texas

102 times
Rate (4.8 / 5) 5 votes
THE STATE OF TEXAS
§
§
RESIDENTIAL SUBLEASE AGREEMENT
CITY OF ROCKWALL
§
Residential Sublease Agreement
This Sublease Agreement (hereinafter referred to as the “Sublease”) is made and entered
into this __________day of _________________, 20__ by and between the City of Rockwall,
Texas, herein called “Sublessor,” and _____________________________________, herein
called “Sublessee.”
RECITALS
th
A.
On or about the 16
day of January, 2001, Sublessor (as lessee) and the City of
Dallas, Texas (as lessor) entered into an Interlocal Agreement and Lease
(hereinafter defined and described as the “Base Lease”) covering the lease of the
Lake Ray Hubbard take line area, which encompasses the Leased Area as
hereinafter defined. Said Interlocal Agreement and Lease is incorporated herein
by reference.
B.
Sublessor is a municipal corporation, which has leased from the City of Dallas the
land adjacent to Lake Ray Hubbard, which encompasses the perimeter boundary
of Dallas’ property at the lake for the purposes as set out in the Base Lease.
C.
Sublessor desires to sublease to Sublessee the leased area adjacent to Sublessee’s
property being described as Lot ___________, Block ___________ of the
Addition _________________________, so as to permit use and enjoyment of
same by said Sublessee, said Leased Area being more specifically described by
the hereto attached Exhibit A survey of the sublease property, during the term
hereof.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are mutually acknowledged, the parties hereby agree as follows:
ARTICLE 1. DEFINITIONS
A.
“Interlocal Agreement” means the Base Lease, or Master Lease, covering the
lease of the Lake Ray Hubbard take line area by the City of Dallas to the City of
Rockwall, dated January 16, 2001, which encompasses the Leased Area as
defined herein.
B.
“Lake” means Lake Ray Hubbard.
CITY OF ROCKWALL
RESIDENTIAL SUBLEASE AGREEMENT
PAGE 1
THE STATE OF TEXAS
§
§
RESIDENTIAL SUBLEASE AGREEMENT
CITY OF ROCKWALL
§
Residential Sublease Agreement
This Sublease Agreement (hereinafter referred to as the “Sublease”) is made and entered
into this __________day of _________________, 20__ by and between the City of Rockwall,
Texas, herein called “Sublessor,” and _____________________________________, herein
called “Sublessee.”
RECITALS
th
A.
On or about the 16
day of January, 2001, Sublessor (as lessee) and the City of
Dallas, Texas (as lessor) entered into an Interlocal Agreement and Lease
(hereinafter defined and described as the “Base Lease”) covering the lease of the
Lake Ray Hubbard take line area, which encompasses the Leased Area as
hereinafter defined. Said Interlocal Agreement and Lease is incorporated herein
by reference.
B.
Sublessor is a municipal corporation, which has leased from the City of Dallas the
land adjacent to Lake Ray Hubbard, which encompasses the perimeter boundary
of Dallas’ property at the lake for the purposes as set out in the Base Lease.
C.
Sublessor desires to sublease to Sublessee the leased area adjacent to Sublessee’s
property being described as Lot ___________, Block ___________ of the
Addition _________________________, so as to permit use and enjoyment of
same by said Sublessee, said Leased Area being more specifically described by
the hereto attached Exhibit A survey of the sublease property, during the term
hereof.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are mutually acknowledged, the parties hereby agree as follows:
ARTICLE 1. DEFINITIONS
A.
“Interlocal Agreement” means the Base Lease, or Master Lease, covering the
lease of the Lake Ray Hubbard take line area by the City of Dallas to the City of
Rockwall, dated January 16, 2001, which encompasses the Leased Area as
defined herein.
B.
“Lake” means Lake Ray Hubbard.
CITY OF ROCKWALL
RESIDENTIAL SUBLEASE AGREEMENT
PAGE 1
C.
“Take Line” means the perimeter boundary of Dallas’ property at the Lake.
D.
“Take Area” means the land owned by Dallas between the Take Line and the
normal Lake pool elevation (435.5 mean sea level).
E.
“Lake Area” means the City of Dallas property, known as Lake Ray Hubbard,
that is normally submerged by the Lake at normal Lake pool elevation (property
at or below elevation 435.5 mean sea level).
F.
“Leased Area” means the Take Area that is within the City Limits of Rockwall,
or where the Take Line is directly adjacent to the City Limits of Rockwall.
G.
“Maintenance Responsibilities” shall mean keeping the erosion control
structure(s) in good condition throughout the term hereof so that such structures
remain capable of proper protection against erosion.
H.
“Subleased Premises” means the area hereby subleased and more particularly
described in Article 3 herein.
I.
“Residential Area” means the Leased Area where the Take Line is adjacent to
the residential property and where no commercial activity exists, or is proposed to
exist, on Dallas property. If commercial activity occurs in a Residential Area, that
portion of the Leased Area will be considered a Commercial Area.
J.
“Sublessee” means a person or entity subleasing Dallas property in the Leased
Area from City of Rockwall. Sublessee shall be an adjacent property owner.
K.
“Shoreline” means the line along the shore of the Lake, established by the normal
Lake pool elevation (435.5 mean sea level).
L.
“New Immediate Action Area” means any section of the Leased
Area where any of the following has occurred:
1.
The shoreline is within 30 feet or less of the Take Line;
2.
A public hazard exists or can be expected to be created by erosion within a
short period of time;
3.
Structures are at risk of structural damage due to erosion;
or
4.
Existing adjacent erosion protection is impeded if erosion is allowed to
continue.
M.
“Critical Areas” mean areas determined to be immediate action erosion control
areas, as defined in the 1987 “Lake Ray Hubbard Erosion Control Study” by
Bernard Johnson Incorporated (the Bernard Johnson Report), a copy of which is
available for review at the City of Rockwall Parks and Recreation Department.
CITY OF ROCKWALL
RESIDENTIAL SUBLEASE AGREEMENT
PAGE 2
ARTICLE 2. PURPOSE AND INTENT
The purpose of this sublease agreement is to permit the development of property
along the take area of Lake Ray Hubbard under certain regulatory conditions
governing permitted uses and development standards, setting forth procedures for
the development of said property and establishing an appeals process for the terms
of Lake Ray Hubbard Overlay District Ordinance. The zoning overlay district has
its basis in and is intended to serve as one implementation tool for the Lake Ray
Hubbard Master Plan, adopted by the City of Dallas on _____N/A___; the Lake
Ray Hubbard Interlocal Agreement as approved by those municipalities
comprising the Lake Cities Coalition (Garland, Rockwall, and Rowlett, Texas)
and the City of Dallas, Texas; and the Comprehensive Plan for the City of
Rockwall, adopted on December 17, 2001. The adoption of the Zoning district is
intended to provide a means for the protection of water quality, water supply, and
the preservation of the natural environment and to enhance the quality of the Lake
Ray Hubbard shoreline through regulation of manmade facilities. For those
properties that take part in the City of Rockwall Residential Sublease Agreement
the overlay zoning ordinance is to be used in conjunction and in addition to the
erosion control and engineering standards as well as other development related
ordinances, such as but not limited to, landscaping ordinance, tree preservation
ordinance and outdoor lighting.
ARTICLE 3. DEMISE OF SUBLEASED AREA
A.
Sublessor, for and in consideration of the rents, covenants and promises
herein contained to be kept, performed and observed by Sublessee has
demised and leased and by their presents does hereby demise and lease unto
Sublessee, and Sublessee, for and in consideration of the covenants and
agreements herein reserved on the part of the Sublessor to be kept and
performed, does hereby accept from Sublessor, the Subleased Area as more
specifically described by the hereto attached Exhibit A (survey of the Take
Area) and subsequent to the terms and conditions as hereafter described.
Sublessee acknowledges that it has inspected the Subleased Area to their
satisfaction and accepts the Subleased Area “As Is” and with all faults and
defects, whether known or unknown to either Sublessor or Sublessee and
without representation or warranty of any kind from Sublessor as to the
status or condition thereof.
B.
All structures and/or improvements in the Take Area shall require a building
permit issued by the City of Rockwall consistent with applicable ordinances and
regulations of Takeline Area Overlay District allowed uses.
C.
Sublessee acknowledges that the decision to lease the Subleased Area is based
solely upon the Sublessee’s comprehensive inspection of the Subleased Area and
CITY OF ROCKWALL
RESIDENTIAL SUBLEASE AGREEMENT
PAGE 3
not upon any warranty or representation of Sublessor, or of Sublessor’s
employees, agents or representatives with regard thereto. Without limiting the
foregoing, THERE IS NO WARRANTY, EXPRESSED OR IMPLIED, OF
SUITABILITY, MERCHANT ABILITY, HABITABILITY, OR FITNESS
FOR ANY PARTICULAR PURPOSE GIVEN IN CONNECTION WITH
THIS LEASE.
D.
IT IS UNDERSTOOD BY BOTH THE CITY OF ROCKWALL AND
SUBLESSEE THAT THE WATER LEVEL IN THE LAKE WILL NOT
REMAIN CONSTANT AND THAT ALL LAND IN THE SUBLEASED
PREMISES IS SUBJECT TO FLOODING. THE PARTIES AGREE THAT
NEITHER THE CITY OF DALLAS NOR THE CITY OF ROCKWALL
SHALL BE RESPONSIBLE FOR DAMAGES TO ANY STRUCTURES,
FACILITIES, LANDSCAPING, OR OTHER PROPERTY DAMAGE ON
THE SUBLEASED AREA DUE TO WIND, WATER, EROSION,
FLUCTUATING WATER LEVELS, OR FLOATING DEBRIS.
ARTICLE 4. SUBLEASE TERM
A.
Subject to the terms and conditions of this Sublease, the demise set forth in
Article 3 above shall be for the Sublease Term, which shall expire on January
16, 2041. Residential area subleases cannot be further subleased. If a sublessee
(abutting property owner) sells his or hers property, the sublease shall be
transferred to the new owner.
B.
This sublease shall terminate and become null and void no later than January 16,
2041, unless extended by the parties hereto in writing subject to the provisions of
the Base Lease or the Master Lease by and between the City of Dallas and the
City of Rockwall. Any holding over or use and occupancy by Sublessee after the
termination of this Sublease shall not constitute a renewal hereof or give
Sublessee any rights hereunder in or to the Subleased Area upon termination.
Upon termination of this Sublease, all improvements to the Subleased Area
(whether or not constructed by Sublessee) shall be and become the property of
Sublessor or its successors in interest; provided, however, Sublessee shall be
entitled to remove from the Subleased Area removable equipment, provided that
such removal can be accomplished without unreasonable injury to the Subleased
Area or the removing improvements on the Subleased Premises.
C.
This Sublease shall be terminated or canceled by the City of Rockwall in the event
that the Interlocal Agreement between the City of Rockwall and the City of Dallas
is terminated or canceled by agreement or operation of law. Sublessee shall be
entitled to no compensation of any kind from the City of Rockwall or the City of
Dallas if this Agreement is so canceled or terminated.
CITY OF ROCKWALL
RESIDENTIAL SUBLEASE AGREEMENT
PAGE 4
D.
The annual sublease payment shall not exceed the estimated annual expenses of
the City of Rockwall in administering all subleases and sublease areas, pursuant
to the base lease, divided by the number of properties within the boundaries of the
City of Rockwall within the Takeline area, and subleases or legally available for
sublease.
E.
Sublessee shall have the right to terminate this sublease if, at any time during this
sublease, a material and substantial change in circumstances existing at the time
of this sublease should occur. For the purpose of this paragraph, a “material and
substantial change in circumstances” shall include but not be limited to the
destruction of the residential structure of the sublessee on the lot adjacent to the
leased area, a collective increase in the sublease payment of more than 100% over
any ten year period or less, or the elimination by the City Council of an authorized
use for which the sublessee has in place.
ARTICLE 5. SUBLEASE PAYMENT
A.
In accordance with Section III (C) of the Base Lease, Sublessee shall pay an
initial payment of $600.00 to Sublessor and an annual payment of $350.00 due
annually based on contract date. Said payment may be adjusted annually by the
City during the term of the Sublease by majority vote of the City Council of the
City of Rockwall.
B.
Failure of sublessee to pay the annual payment as provided for in Section A shall
be considered as an event of default. If Sublessee fails to pay the annual payment
within thirty (30) days of receipt of notice, Sublessor may terminate this lease and
take possession of any improvements on the leased premises subject to Article 6,
Section N herein.
ARTICLE 6. USE OF SUBLEASED AREA
A.
Sublessee agrees to use and maintain the Subleased Area in accordance with all
City codes and regulations established by Sublessor for the Take Line area. Any
violation of such regulations shall be considered a breach by Sublessee of this
Agreement, for which Sublessor shall be entitled to take appropriate action if such
violation is not cured. Sublessee specifically recognizes that the City of Dallas, as
a third party beneficiary, has the right to enforce the terms of this Agreement in
the event of the Sublessee’ breach of any of the terms contained herein.
B.
Structures or appurtenances that shall be prohibited within the Subleased Area,
without prior approval by Sublessor and the City of Dallas are as follows but not
limited to:
CITY OF ROCKWALL
RESIDENTIAL SUBLEASE AGREEMENT
PAGE 5
Page of 14