HomeMy WebLinkAboutContract 35076-CA1CITY SECRETARY
CONTRACT NO..CAI
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ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT
.Fo�'��P�� City Secretary Contract No. 35076
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THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is
made and entered into as of this day of November, 2018, by and between the CITY OF
FORT WORTH, a Texas home -rule municipal corporation ("C"), Fort Worth H Partners,
Ltd., a Texas limited partnership ("Assignor"), and AVR Fort Worth Hotel, LLC, a Delaware
limited liability company ("Assignee"). Sometimes herein City, Assignor, or Assignee may also
be referred to individually as a "Party" or collectively as the "Parties."
WITNESSETH:
WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract
No. 35076 (the "Encroachment Agreement"), on the 15th day of September, 2006, with
Assignor, the owner of certain real property more particularly described in the attached Legal
Description (the "Property") located adjacent to or near the City's right-of-way on which the
encroachments are located. The encroachments are more particularly described in the
Encroachment Agreement, attached hereto as "Exhibit A" and incorporated herein by reference
for all purposes, and are referenced therein and herein as the "Improvements";
WHEREAS, the Encroachment Agreement was recorded the 16th day of March, 2007,
as Instrument No. 000093652 in the Real Property Records of Tarrant County, Texas;
WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee.
AGREEMENT:
NOW, THEREFORE, for and in consideration of the above and foregoing premises and
the mutual covenants, terms, and conditions herein contained, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby
agree as follows:
1. Assignor hereby assigns, transfers, and conveys all rights and interests and
delegates it duties and obligations under the Encroachment Agreement to Assignee.
2. Assignee hereby accepts the Assignment granted herein, and assumes all of
Assignor's rights, duties, and obligations arising under the Encroachment Agreement.
3. Assignor has full right, power, and authority to enter into this Assignment, to
make the representations set forth herein, and to carry out Assignor's obligations hereunder.
Assignee has the full right, power, and authority to enter into this Assignment, to make the
representations set forth herein, and to carry out Assignee's obligations hereunder.
4. The effective date of this Assignment shall be the date of it! UACCULtOn by U14C CM,
(the "Effective Date"). All rights, duties, and obligations under the Enc (W-PrdtAA1LA
CITY SECRETARY
Encroachment Assignment Agreement
FT.ev 26 8
arising, accruing, or relating to the period before the Effective Date are allocated to Assignor,
and all rights, duties, and obligations arising, accruing, or relating to the period thereafter shall
be allocated to Assignee.
5. Except as otherwise expressly set forth in this Assignment, Assignor will be
discharged from any and all further obligations under the Encroachment Agreement as of the
Effective Date.
6. Assignor represents, warrants, and covenants with City and Assignee that as of
the Effective Date, Assignor is not in default of any of its obligations contained in the
Encroachment Agreement.
7. City hereby consents to this Assignment upon the terms and conditions set forth
herein. Unless and until City has executed this Assignment, it is of no effect. The consent
granted herein should not be construed as consent to any further assignments. The failure or
delay of City in seeking to enforce any provision of the Encroachment Agreement or this
Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of
any subsequent breach of the terms and provisions therein or herein contained.
8. Any notice given by any Party to another Party must be in writing and shall be
effective upon receipt when (i) sent by U.S. mail with proper postage, certified mail return
receipt requested, or by a nationally recognized overnight delivery service, and (ii) addressed to
the other Party at the address set out below or at such other address as the receiving Party
designates by proper notice to the sending Party.
City
Planning and Development Department
200 Texas Street
Fort Worth TX 76102
Attention: Director
Assignor
Fort Worth H Partners, Ltd.
600 Commerce St.
Fort Worth, Texas 76102
Attn: Pritesh Patel
Assignee
AVR FORT WORTH HOTEL, LLC
c/o AVR Realty Company, LLC
1 Executive Boulevard
Yonkers, NY 10701
Attn: Lily Ann Marden
Encroachment Assignment Agreement Page 2 of 7
Rev 10/2018
9. Except as herein otherwise provided, this Assignment will be binding upon and
inure to the benefit of the Parties and their respective successors and assigns.
10. Assignee shall cause this Assignment to be filed of record at Assignee's expense
in the Real Property Records for Tarrant County, Texas.
11. The Certificate of Insurance for the Assignor attached as Exhibit "B" to the
Encroachment Agreement is hereby deleted and replaced with the attached Certificate of
Insurance from the Assignee as "Exhibit B Revised 11/7/2018."
12. All terms and conditions of the Encroachment Agreement not amended herein
remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified
by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the
Encroachment Agreement.
13. This Assignment may be executed in multiple counterparts, each of which shall
be deemed an original, and all of which, when taken together, shall constitute one and the same
document which may be evidenced by one counterpart.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
Encroachment Assignment Agreement Page 3 of 7
Rev 10/2018
ASSIGNOR:
Fort Worth H Partners, Ltd.
gy: i�kt,,,>-. ' 1+
sev\e6�.1 �Gctwec
By:
Name: c&ke `
Title:
STATE OF TEXAS
COUNTY OF HARP -!-5
ASSIGNEE:
AVR Fort Worth Hotel, LLC
By:
Name:
Title:
See pa?e 8 for Assignee signature
This instrument was acknowledged before me by , as the
of Fsti-J:'js\tA a i ix4s n behalf of tvKt v.loNAk \Ap,.J.Ls t+c:Q
roµ.►•. SNEHA SHAH Notaryub ic, State of Texas
Notary Public State of Texas
I
ion # 126334457
`m'xNovember 27, 2019
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me by
of
[NOTARIAL SEAL]
a
on behalf of
as the
Notary Public, State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Encroachment Assignment Agreement Page 4 of 7
Rev 10/2018
APPROVED AS TO FORM AND
LEGALITY:
. G
Assistant City A ey
Ll`, o v9,- Required]
STATE OF TEXAS
COUNTY OF TARRANT
CITY OF FORT WORTH
Randle Larwood, Director
Planning and Dev lopment Department
Date: he ---7
;A'.
This instrument was acknowledged before me on ONt �31 , 20g by Randle
Harwood, as the Director of the Planning and Development Department of the City of Fort Worth, a
Texas municipal corporation on behalf of the City of7aN
orth.
ry Pub ic, StakrVf lRas
[NOTARIAL SEAL]
JENNIFER LOUISE EZERNACK
f,**%nS Notary Public, State of Texas
Comm. Expires 03-01-2020
'i°;,o",`' Notary ID 130561630
OFF10AL RECORD
CITY SECRETARY
FT. WORTH, TX
Encroachment Assignment Agreement Page 5 of 7
Rev 10/2018
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 report requirements.
4-�,44 k2o&,4
Janie Sca ett Morales
Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
"EXHIBIT A"
Location and Description of Encroachment and Improvements
Encroachment Assignment Agreement Page 6 of 7
Rev 10/2018
EXHIBIT A
WI ,KELLY EMBASSY 5UdT£5 a
a - i recr i�c_ 6 0 0 C 0 M YE'RCE STR. E E T iI
FORT WOR TH TEXAS ++
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969
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E��IBIT A
Proper—Ly
Gots J @trottga 16, Blau 96, Oxigtaai iows, or Fort `Vurth, addition to the Citic of For! VYorth., Tarrant Caurnty;, T,e,xase
And hefn- described by metes niece bottntis ns follows:
BECTAINTING at the mryyt easterly cnrner of Lot 9 3.t the infenectiUn, of the northern° liue of xth Jti eet with the westeriy
line of Commerce Strc t, from c hich a lead pl..ug found bears 7A0 fe.m. South r 7 degrees 2Z mbintes ?S se:couds East;
THENCE South 6{i degrees 017 nii.nutes 1D0 seconds West, a distance of �5M fiat along the mortherly Ibie r f Six :i St:rr_ct lo
the easterly line of a teit ftxt (10') wide alley and to tb cr mosr suet terlF cornet uJ L+ t 9;
THENC 3North 30 degrees 00 minutes 00 seconds Wcst a eiismrtce. tii'200.0 feet along the easterly lige ofs:t ;dley and the
westerly line of Lots 9 through 16 to file southerly line of Fifth Strfet;ind to kite most it esteily line of Lot 1.6;
ritENICE Nfirtb 6-0 degree;, 00 minutes 00 Necurid� Rast s distance of 95.00 'fret akar g the srtudwt ,rh- lire of fifth Sir eei i.t
Lha westerly line of Com merm Street aced to tbt, dmost.n_ ortharly corder of 1,0( 16;
T11ENCE South 310 degrees 00 rninutes 00 5ecortds .hast a dij'tance of 200,0 feet aloTty the_ wtweri`T line of Comate-rve street
and the easterly line of Lots 16 thrott„h 9 to the YOh T (W BEGU `NLS G, said described tract containing 19,000 Square
fCtit orlAtid.
"EXHIBIT B"
Certificate of Insurance
Encroachment Assignment Agreement Page 7 of 7
Rev 10/2018
ASSIGNOR:
Fort Worth H Partners, Ltd.
ASSIGNEE:
AVR Fort Worth Hotel, LLC
By:
By:
Name:
Nary
Title:
Titl(
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me by , as the
of . a , on behalf of
Notary Public, State of Texas
[NOTARIAL SEAL]
eW '-+' l\
STATE OF §
COUNTY OF u Fd ft'
§
4YRTc�+ trument was acknowledged before me bylik 44A NQC&A as theprli"i ��p_ r� Sen t a.Y;,
of Wo e�.ti },[�Lc,�a�`, a L e on behalf of
[NOTARIAL SEAL]
Encroactunent Assignment Agreement
4&,.- /;—b,orl--
Notary Public, State of:mss NkW YOOK
ALICIA N SIMMONS
Notary Pubfic State of New York
No. 01 SI6192713
Qualified in Westchester County
aommisWon &plme SoMember n? ?n ZO
OFFICIAL RECORD
CITY SECRETARY
.ara
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Pape 8
Rev 10/2018