HomeMy WebLinkAboutContract 36906-TM CITY SECRETARYc q ( ._TM
CONTRACT NO.
TERMINATION AGREEMENT
RELATING TO CITY SECRETARY CONTRACT NO. 36906
This TERMINATION AGREEMENT ("Agreement") is hereby entered into by and
between the CITY OF FORT WORTH ("City"), a home rule municipal corporation organized
under the laws of the State of Texas, and COLONIAL PARK FW ERI I, L.P.
("Landowner"), a Texas limited partnership.
WHEREAS, on July 1, 2007 the City and Landowner entered into a Streetscape
Maintenance Agreement ("Streetscape Agreement"), which is a public document on file in the
City Secretary's Office as City Secretary Contract No. 36906 and recorded as Instrument
# D208114816, Real Property Records, Tarrant County, Texas; and
WHEREAS, the Agreement required streetscape improvements to Rogers Road be
constructed and maintained by the Landowner, its successor and assigns as part of the
development of the Property (as defined in the Streetscape Agreement); and
WHEREAS, the Property was developed in two phases as described on Exhibit A and
herein referred to as Phase One and Phase Two; and
WHEREAS,Phase One was developed by Landowner and Phase Two was developed by
a related, but separate owner; and
WHEREAS, the Streetscape Agreement contains a provision which constitutes a
covenant running with the land but does not provide for the ownership into two separate parcels
or for bifurcation of responsibility between Phase One and Phase Two; and
WHEREAS, future conveyances of the Property may result in confusion between the
City and the Landowner(s) as to which portion of Rogers Road each landowner is responsible to
maintain; and
WHEREAS, both City and Landowner mutually agree to terminate the Streetscape
Agreement and enter into two separate Streetscape Maintenance Agreements for Phase One and
Phase Two respectively using the same terms and obligations as contained in CSC No. 36906
which will eliminate any confusion between the City and any future Landowners over
maintenance responsibilities; and
NOW, THEREFORE, the City and Landowner hereby agree as follows:
1. The statements set forth in the recitals above are true and correct and form the
basis upon which the City and Landowner have entered into this Agreement:
2. The Streetscape Agreement, City Secretary Contract No. 36906, shall be
terminated upon the recordation of the Streetscape Maintenance Agreements for Phase One and
Phase Two of the Property executed by both the City and the respective landowners
0
Page 1 of 4
Termination Agreement Relating to CSC No.36906
between City of Fort Worth and Colonial Park FW FRI 1,L.P.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed
as of the later date below.
CITY OF FORT WORTH: COLONIAL PARK FW ERI I,L.P.
a Texas limited partnership:
By: Colonial Park F , LLC
A Texas limite liab' ity company,
General Partne
By: /Gs.�....� 4�z— By:
Fernando Costa Name: a-)
Assistant City Manager Title: D-,,&7-
Date: 3�8/ID Date:
ATTEST: A EST:
o0000 ��
By:
Marty Hendrix "o o d
n
City Secretary o o
(� o 0 d
APPROVED AS TO FORM Al °aooa A
LEGALITY: ty4
By:41�4"
Melinda Ramos
Assistant City Attorney
M&C NO. None Required
r
ICIAL RECORDY SECRETARYT,WORTH,TX
Page 2 of 4
Termination Agreement Relating to CSC No.36906
between City of Fort Worth and Colonial Park FW ERI I,L.P.
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Fernando Costa, 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.
V11—
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2010.
EVONIA DANIELS
MY COMMISSION EXPIRES otary Public in and for the State of Texas
July 10,2013
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigns authority, a`Noiary Public in and for the State of Texas,
on this day personally appeared 62FI-T _=>{�,q , known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged tome that he/she
executed the same for the purposes and consideration therein expressed, as d r-7- of
Colonial Park, FWI, GP, LLC, a Texas limited liability company, General Partner of Colonial
Park FW ERI 1, L.P., a Texas limited partnership, on behalf of said limited liability company and
limited partnership, as the act and deed of said limited liability company and said limited
partnership.
sT
,i GIVEN UNDER MY HAND AND SEAL OF OFFICE this c::� day of
2010.
Not Public in and for the State of Texas
P4%
KRIS ROSE
Notar
i M Y Public,State of Texas
Y Commission Expires
November 19, 2013
Page 3 of 4
Termination Agreement Relating to CSC No. 36906
between City of Fort Worth and Colonial Park FW FRI 1,L.P.
EXHIBIT "A"
PHASE ONE: Being Lot 1, Block B, Colonial Park, an addition to the City of Fort Worth,
Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 12190, Plat
Records, Tarrant County, Texas.
PHASE TWO: Being Lot 1, Block A, Colonial Park, an addition to the City of Fort Worth,
Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 12190, Plat
Records, Tarrant County, Texas.
Page 4 of 4
Termination Agreement Relating to CSC No.36906
between City of Fort Worth and Colonial Park FW ERI 1,L.P.
Dallas I\5470121\2
20547-85 1/20/2010
Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/18/2008
DATE: Tuesday, March 18, 2008
LOG NAME: 30STREETSCAPE REFERENCE NO.: **L-14491
SUBJECT:
Authorize the Execution of One Streetscape Maintenance Agreement with Colonial Park FW ERI 1,
L.P., for the Property Located in Southwest Fort Worth, DOE No. 5531
RECOMMENDATION:
It is recommended that the City Council authorize the execution of one Streetscape Maintenance
Agreement with Colonial Park FW ERI I, LP, for property located in southwest Fort Worth.
DISCUSSION:
The Streetscape Maintenance Agreement is necessary to assure proper maintenance of improvements by
the owner, Colonial Park FW ERI I, L.P. The maintenance shall occur at no expense to the City of Fort
Worth.
The Agreement will include the maintenance of the proposed hardscape in the right-of-way easement. The
improvements are located on Rogers Road and west of University Drive between Collinsworth and
Riverfront and will serve the Colonial Park Addition.
The Improvements are located in COUNCIL DISTRICT 9, Mapsco 76N.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by_ Fernando Costa (8476)
Originating Department Head: A. Douglas Rademaker(6157)
Additional Information Contact: Jill D. Griffin (6253)
http://www.fortworthgov.org/council_packet/Reports/mc_print.asp 3/18/2008