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HomeMy WebLinkAboutContract 36480CON RA CTE( jp Y r STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, COUNTY OF TARRANT § ASSIGNMENT OF ENCROACHMENT AGREEMENT [City Secretary Contract No. 35899] WHEREAS, on the 10day of October, 2007, the City of Fort Worth, acting by and through its duly authorized Planning and Development Department Director, hereinafter referred to as the "City," entered into an Encroachment Agreement with Klabzuba Realty, LLC, acting by and through its duly authorized Vice President, hereinafter referred to as "Grantee," Owner of the property located at 100 Lexington ("Property") o WHEREAS, a copy of the Encroachment Agreement ("Agreement") is attached hereto as Exhibit "A" and incorporated herein by reference as if set forth in full; WHEREAS, the current Grantee under the Agreement, Klabzuba Realty, LLC, "Assignor," desires to assign the Agreement to One Hundred Lexington Place, Ltd., a Texas Limited Partnership, "Assignee": NOW, THEREFORE, the City of Fort Worth does hereby consent to the assignment of the Agreement from Assignor to Assignee. As consideration for the Assignment of the Agreement, Assignee hereby expressly accepts and assumes all obligations and liabilities of Assignor under the terms of the Agreement d agrees to be bound by all the terms, provisi anons and covenants therein. APPROVED AS TO FORM AND GRANTOR: City of Fort Worth LEGALITY: Assistant City Attorney Fernando Costa, Director Planning and Development ASSIGNOR: Klab By: Hank Akin, Vice -President ATTEST: [No M&C Required] ASSIGNEE: One Hundred Lexington Place, Ltd., A Texas Limited Partnership By: Twining GP Corporation, A Nevada Corporation, Its General Partner By: Hank Akin, Vice -President STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municip&1 corporation of Tarrant County, Texas, for the purposes and consideration therein expressed. 1 Given under my hand and seal of office this the qdof 4DA 200� STATE OF TEXAS § COUNTY OF TARRANT § Public in and KAREN GILMORE Notary Public * STATE OF TEXAS k4 Fi y My Comm. Exp, 08/11/2011 BEFORE ME, the undersigned authority, on this day personally appeared Hank Akin, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Klabzuba Realty, LLC, for the purposes and consideration therein expressed. Given under my hand\ �g�d�P�mfi(WVW"ce this the day of JAV11,lAw , 200.7'� � s. �P� Y. pU to 2 '_ t�1� ± 6O so Notary Public in and for �ww�� +P The State of TEXAS OF j� 7/kIll ION STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Hank Akin, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Twining GP Corporation, a Nevada Corporation, General Partner of One Hundred Lexington Place, Ltd., a Texas Limited Partnership, for the purposes and consideration therein expressed. Given under my hand and seal of office this the day of V al'1 eta , 2007sg HE a . Notary Public in and for The State of TEXAS ROUTING AND TRANSMITTAL SLIP DATE INITIALS DATE TO 1 Fernando Costa o h 2. City Secretary ❑ As Requested ❑ For Your Information x Signature ❑ Comment ❑ File Attached is the Consent to Assignment of Encroachment Agreement between the City and Klabuzuba Realty, LLC for your review and signature. No M&C is required. The City and Klabzuba Realty, LLC entered into an Encroachment Agreement on October 10, 2007 (CSC No. 35899, attached). In accordance with paragraph 18 of the Agreement Klabzuba Realty, LLC now seeks approval from the City to assign its rights to One Hundred Lexington Place, LLC. Please contact Judy Lacker, City Attorneys Office 817-392-8006 for pick up when completed. ��� Thank you