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HomeMy WebLinkAboutContract 53591-A1 Date Received: Jul 17,2020 City Secretary Time Received: 3:18 PM Number: 53591-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.53591, EASEMENT ENCROACHMENT LICENSE AGREEMENT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.53591, EASEMENT ENCROACHMENT LICENSE AGREEMENT is made and entered into by and between the CITY OF FORT WORTH,a home rule municipal corporation of Tarrant County,Texas ("City"),acting herein by and through its duly authorized City Manager,Assistant City Manager,or Development Services Department Director,and FORT WORTH EVERMAN/RISINGER DEVELOPMENT,LLC,a(n)limited liability company("Licensee"),acting herein by and through i�s duly authorized representative. RECITALS i WHEREAS,City and Licensee made and entered into City Secretary Contract No.53591 on February 28,2020(the"Agreement"),to authorize the use of the City's easement for the purposes of(1) private storm drain crossing a public sanitary sewer facility and(2)private storm crossing a pulllic drainage easement and WHEREAS,the parties wish to,amend the Agreement to include the Installation of a private retaining wall;and WHEREAS,it is the mutual desire of City and Licensee to execute this Amendment to the Agreement to revise`Exhibit A"in the Agreement to depict the revised encroaclunent area. NOW,THEREFORE,City and Licensee, acting herein by and through their duly authorized representatives,enter into the following that amends the Agreement: 1. "Exhibit A"in the Agreement is hereby replaced with the attached revised description of the encroachment area,labeled as"Revised Exhibit A." Revised 04/2020 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX 2. The effective date of this Amendment shall be the date of its execution by the City. 3. 4 All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 3 j t l i I 1 Revised 04/2020 CITY OF FORT WORTH: LICENSEE: DJ Ha (Jul 13,202016:42 CDT) FORT WORTH EVERMAN/RISINGERDEVELOPMENT,LLC DJ Harrell, Director a Texas limited liability company Development Services Date: J u 113,2020 By:Majestic—Everman Investor,LLC, a Delaware limited liability company its Managing Member By: Majestic Realty Co., ! a California corporation, Manager's Agent N me: Edward P. Roski JR Title: President and Chairman of Board Date: 0.......... Approved as to Form and Legality. Attested by: Ma,& matt Murray(Jul 13,202016:26 CDT) r FWBC Sec. 3210 Mary J. Kayser, City Seer' ry •• AS Matthew A. Murray,Assistant City Attorney City Secretary's Office '` City Attorney's Office Date: Jul13,2020 Date: Ju117,2020 Contract Compliance Specialist: By signing I acknowledge that I am the person responsible for the monitoring and administration of this co tract,in uding ensuring all performance ar rtin�riirenients. Laurie Lewis In erim Development Manager Revised 04/2020 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX moil]Mao 11 Pa UM-1 ' / t]1,11&0111' 1 1 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Ted as, on this day personally appeared DJ Harrell,Director,known to me to be the person whose nattle is subscribed to the foregoing instrument, and acknowledged to me that he 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 lath day of '°'Y 2020 LAURIE PDigitally signed EQUENO LEWyLAURIE RyF'( LAURIE PEQUENO LEWIS PEQUENO LEWIS Date:2020.07.14 09:39:45-05'00' z Notary Public * STATE OF TEXAS Notary Public in and for the State of Texas tf'�9 Notary I.D. 132278952 oF' My Comm. Exp. Dec. 10, 2023 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Revised 04/2020 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX i I STATE OF TEXAS § COUNTY OF TARRANT § I I J, BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared Edward P. Roski, fR, President and Chairman of i Board i ofMaJcstic Realty Co.,than managing agent of MaJestic—Eveiman Investor, LLC the managing member of Dort Worth l verman/Risinger Development, LLC, known to me to be the person Whose name is subscribcd to the foregoing insh•1.1111uit, and ackuowlcdged to nle that he or she I executed the same frn• the purposes and consideration therein expressed, as the let and deed of Fort Worth Everman/Risinger Dove Iopnicnt, LLC, a limited liability company, and in the capacity therein stated. I GIVEN UNDER MY IIAND AND SEAL OF OFFICE this ', �day of r, 20,-/t.Y . i1 i� If 1.�i / ,+ •-;, 111 NADA L. RAND Notary Public in and lot' the '� ? ::;_�'utaly Puoiic, State ut iexa. lota:y IC 12J3L'CE373 State of T- Revised 04/2020 rOFFIML RECORDY SE�RE'fP�RY. WORTH,TX I REVISED EXHIBIT A I i 1 i t Revised 04/2020 �I I L I rr---I 0 I � w J cD z J z Y �W LO I w v V x 10 'I J Z p v_>OCL �-- Z OWO _ JOW .- �, Z_ O � V o�c� WNpn w w Ld ti: W Q F > w Qd : moo Q � � JC� 2W L G o IL !^ z z W >, L LU JO~ I.. v, ~ HWCn � LLO �Uz f� w W m Ozz Q U " CP O rli U " co I w : I II �I `1 ~J z Q U Z I z , L) W I I' W� wW �- zCD U O I w¢ m CD UJZ- N Q� �I ; I �?1N w a =— 2aw�--- -- ----- ----- -- W Of u LL IL U - U o I I s U U_ ODhB WZCI'ON 2 O 3ll'1N3WdOl3A3O i LO I >213JNISIa/NHWil3A3 HI2IOM 1NO3:10 i 1l/d II L N0019 `XL 101 c� t i i 1 1 Revised 04/2020