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Home My WebLink AboutContract 47885-T1 CITY SECRETARY r CONTRACT 140. q RIGHT OF WAY ENCROACHMENT TERMINATION AGREEMENT This Rig t of Way Encroachment Termination Agreement (this "Agreement") is executed as of , 2018, between the City of Fort Worth, a home rule municipal corporation of Tarr County, Texas ("City") and Central City Local Government Corporation, a local government corporation created by the City of Fort Worth, Texas ("Licensee"). RECITALS: Whereas, Licensee is the owner of the real property located at 252 W. 15th, Fort Worth,.Texas 76102, and more particularly described as Lots 23 through 34, Block V. DAGGETTS ADDITION, an Addition to the City of Fort Worth, Tarrant County, Texas, now known as Lot 34R, Block V, in Daggett's Addition, an Addition to the City of Fort Worth, Texas, as recorded in Instrument No. D215031133, dated February 12, 2015, of the Plat Records of Tarrant.County, Texas ("Property"); Whereas, City and Licensee entered into that certain Right of Way Encroachment Agreement filed in the City Secretary's Office as Contract No. 47885 and recorded as Instrument No. D216131671 in the Official Public Records of Tarrant County, Texas ("Original Agreement") to allow Licensee certain encroachments within the City's right.of way for the benefit of the Property; Whereas, Licensee conveyed the Property to the City pursuant to that certain Special Warranty Deed, dated May 8, 2018, recorded as Instrument No. D218099089 in the Official Public Records of Tarrant County, Texas; Whereas, because the City is now the owner of the Property, the Original Agreement would be between the City and the City if assigned to the City, and you cannot legally contract with yourself; Whereas, it is the intent of the City to allow the Improvements, as defined in the Original Agreement, to remain in place; and Whereas, it is the intent of the City and Licensee to terminate the Original Agreement and release Licensee from all obligations, liabilities, duties, and benefits under the Original Agreement specifically including those items within the Original Agreement intended to survive termination of the Original Agreement. AGREEMENTS: For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Licensee hereby agree as follows: 1. Termination of the Original Agreement. City and Licensee hereby execute this Agreement to document the Original Agreement is hereby terminated effective as of May 8, 2018, the conveyance date of the Property from the Licensee to the City. OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 2. Obligations Under the Original Agreement. City and Licensee hereby agree that all obligations, liabilities, duties, and benefits under the Original Agreement are hereby satisfied and shall have no more force and effect as to either City or Licensee. The Improvements, as defined in the Original Agreement shall be allowed to remain, and the Licensee shall have no obligation to remove the Improvements. City and Licensee further agree that any provision within the Original Agreement intended to survive termination or expiration of the Original Agreement shall hereby have no more force and effect on Licensee or City. 3. Entire Agreement. This Agreement contains all of the agreements of the City and Licensee with respect to the subject matter of this Agreement, and no prior agreement, understanding, or representation pertaining to any such matter shall be effective for any purpose. No provision of this Agreement may be amended except by an express agreement in writing signed by the City and Licensee or their respective successors in interest. 4. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall constitute an original, but all of which shall constitute one document. 5. Invalidity. If any covenant, condition, or provision herein contained is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant, condition, or provision shall not in any way affect any other covenant, condition, or provision herein contained. 6. Authority. City, Licensee, and each person signing this Agreement on behalf of its respective party represents that he has full right and authority to enter into this Agreement; each person signing on behalf of the respective party was and continues to be authorized to do so; and upon execution by the respective party, this Agreement shall be an enforceable agreement binding upon City and Licensee in accordance with the terms hereof. 7. Binding Effect; Controlling Agreement; Governing Law. The terms and provisions hereof shall be binding upon and inure to the benefit of the parties to this Agreement, their transferees, representatives, successors and assigns. In the event of a conflict between the terms and provisions of this Agreement and those contained in the Original Agreement, the terms and provisions of this Agreement shall control. This Agreement and the rights and duties of the parties to this Agreement shall be controlled by and interpreted in accordance with the laws of the State of Texas. Executed as of the date first written below. CITY: CITY OF FORT WORTH a Texas municipal corporation By: Name: Jesus J. Chapa Title: Assistant City Manager OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX RIGHT OF WAY ENCROACHMENT TERMINATION AGREEMENT—Page 2 --t Contract Compliance 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. ame:&"'W/n 1 ►��✓z't P�f Title: oyl j- APPROV(EQ AS TO FORM AND LEGALI Jessica Sqasvang Senior Assistant City Attorney Form 1295: N/A ATTESTED BY: ®" FORT Ka s d 0j City M&C #N/A 'XAS LICENSEE: CENTRAL CITY LOCAL GOVERNMENT CORPORATION, a local government corporation By: Na4Jgus rdan Titlent OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX RIGHT OF WAY ENCROACHMENT TERMINATION AGREEMENT—Page 3 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in the State of Texas, on this day personally appeared Jesus J. Chapa, Assistant City Manager, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2018. MARIA S.SANCHEZ My Notary ID#2256490 Not y Public in and for the Sta of Texas SNgJ� +P' Expires December 19,2021 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in the State of Texas, on this day personally appeared Jungus Jordan, President, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of the Central City Local Government Corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2018. BETH A ELLIS ® Notary ID 113856250 My Commission Expires Notary Public in and for the State of Texas March 5,2021 OFFICIAL RECORD CITY SECRETARY FT.1h(CRTM9 TX RIGHT OF WAY ENCROACHMENT TERMINATION AGREEMENT—Page 4 MARY LOUISE GARCIA COUNTY CLERK 100 West Weatherford Fort Worth,TX 76196-0401 PHONE(817) 884-1195 RATTIKIN TITLE SHAY TOWNSEND 201 MAIN STREET 800 FT WORTH, TX 76102 Submitter: RATTIKIN TITLE DO NOT DESTROY WARNING - THIS /S PART OF THE OFFICIAL RECORD. Filed For Registration: 8/9/2018 3:54 PM Instrument#: D218176727 A 5 PGS $28.00 BY: ��I �s�arpars u.ev D218176727 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.