HomeMy WebLinkAboutContract 51100-CA1 RECEIVED
JUN 2 8 20,9
CIlyOF FORT WORTH CITY SECRETARY CONTRACT NO. 51100- Ch I
CITY SECRETARY
CONSENT TO ASSIGNMENT OF DESIGN PROCUREMENT AGREEMENT
FOR PUBLIC WATER LINE EXTENSION
(CITY SECRETARY CONTRACT NO. 51100)
This CONSENT TO ASSIGNMENT OF DESIGN PROCUREMENT AGREEMENT
FOR PUBLIC WATER LINE EXTENSION(CITY SECRETARY CONTRACT NO.51100)
("Consent") is made and entered into by and between the CITY OF FORT WORTH, a home
rule municipal corporation organized under the laws of the State of Texas ("City"), WARE
VISTA #1, LLC, a Texas limited liability corporation ("Assignor"), and WARE VISTA
SOUTHGATE#1, L.P., a Texas limited partnership ("Assignee").
The following recitals are true and correct and form the basis of this Consent:
WHEREAS, on August 7, 2018, the City and Assignor entered into that certain Design
Procurement Agreement for Public Water Line Extension on file in the City Secretary's Office as
City Secretary Contract No. 51 100 ("DPA") for the City's Participation in the cost of designing a
public water line; and
WHEREAS, City and Assignor executed the First Amendment to the DPA for City to
reimburse Assignor for a portion of the IPRC engineering plan review fees for the Red Line that
were paid by Assignor; and
WHEREAS,Assignor desires to assign all of Assignor's right,title and interest in the DPA
to Assignee,
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the City, Assignor and Assignee agree as follows:
1. The City hereby consents to an assignment by Assignor to Assignee of all right, title and
interest granted to Assignor by the DPA effective April 25, 2019 ("Effective Date").
2. The City consents to such assignment expressly upon the promise and covenant by
Assignee, and Assignee promises and covenants to the City, that Assignee will comply
with and assume all duties and obligations of Developer set forth in the DPA. Assignor
will comply with and be liable for performance of all duties and obligations of Developer
arising prior to the Effective Date.
3. By executing this Consent, the City does not ratify or endorse any agreement or
representation between Assignor and Assignee; grant Assignee any rights greater than
those granted to Developer under the DPA; or consent to any amendment to the DPA.
4. All terms in this Consent that are capitalized but not defined shall have the meanings
assigned to them in the DPA.
®FF CDAL RECORD
City of Fort Worth,Texas CITY SECRETARY
Consent to Assignment of City Secretary Contract No. 51100
Page ] of 3 FT WORTH,TX
5. On and after the Effective Date, all notice which is required or desired to be sent to
Developer under the DPA shall be delivered to the following:
Ware Vista Southgate#1, L.P.
8350 N. Central Expressway, Suite 1750
Dallas, TX 75206
IN WITNESS WHEREOF, the undersigned have caused this Consent to be executed in
multiples as of the last date indicated below:
The City:
CITY OF FORT WORTH Conti-act Compliance Manager:
�l By signing, I acknowledge that I am the
person responsible for the monitoring and
7 administration of this contract, including all
Jesus J. Chapa performance nd eporting requirements.
AssistantCity Manager
Date:
77 Name: _Cewv- 01
Title: C,,,,%,'x crtk, rro t rf-
Recommended bv: U
ATTEST: � "� �•��� ° .
Christopher Harder
Water Department Director
ry J. K
City SecreVv
Appi-o►cd as to Poi-in & Legality:
Richard A. McCracken
Assistant City Attorney
No M&C Required
Forth 1295: N/A
OFFICIAL RECORU
City of Fort Worth,Texas CITY SECRETARY
Consent to Assignment of City Secretary Contract No. 51100
Page 2 of 3 FT WORTH,T
Assignor:
WARE VISTA#1, LLC
Name: �j v e-`
Title: GC-tC��z f
Date: c�O
Assignee:
WARE` tVISTA SOUTHGATE#1,L.P. t 1
Name:
Title: ��-- z s i a
Date: �D 1
OFFICIAL RECORD
City of Fort Worth,Texas CITY SECRETARY
Consent to Assignment of City Secretary Contract No.51100
Page 3 of 3 FT WORTH,TX