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Home My WebLink AboutContract 52127-CA1A1 a Date Received:11/10/2020 City Secretary Time Received: 3:34 PM Number: 52127-CAlAl WHEN RECORDED RETURN TO: Intercity Investment Properties,Inc. 4301 Westside Drive,#100 Dallas,TX 75209 Attn:Nick Hannon ASSIGNMENT,CONSENT AND AMENDMENT OF PUBLIC RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT City Secretary Contract No. 52127 THIS ASSIGNMENT, CONSENT AND AMENDMENT OF PUBLIC RIGHT-OF- WAY ENCROACHMENT LICENSE AGREEMENT (this "Assignment") is made and entered into by and among (1)_the CITY 0 RTH, a Texas-home-rule-municipal- - corporation ("Ci q"), acting by and through its duly authorized City Manager, Assistant City Manager, or Development Services Director; (2) 5001 EL CAMPO, LLC, a Texas limited liability company ("Assignor"), and (3)INTERCITY INVESTMENT PROPERTIES, INC., Texas corporation ("Assignee"), acting by and through its duly authorized officer. Hereinafter, City, Assignor, and Assignee may be referred to individually as a "Party" or collectively as the "Parties." WITNESSETH: WHEREAS,Assignor transferred to Assignee title to that certain real property located at 5001 El Campo Ave.,Fort Worth,Texas 76017(the"Property'),such that Assignee is the current fee simple owner of the Property; WHEREAS, the City previously entered into that certain Public Right-of-Way Encroachment License Agreement, City Secretary Contract No. 52127 (the "Original Agreement"),with Assignor,the then-owner of the Property; WHEREAS, that Original Agreement dated March 27, 2019, filed on April 5, 2019 and recorded as Instrument No. D219069789 in the Real Property Records of Tarrant County, Texas, is incorporated herein by reference as if set forth in full (subject to the amendment of certain exhibits,as set forth in this Assignment);and WHEREAS,the descriptions of the affected Public Right-of-Way and the Encroachment (as such terms are defined in the Original Agreement)are set forth in the Original Agreement and exhibits attached thereto, which are incorporated herein by reference for all purposes (subject to the amendment of certain exhibits, as set forth in this Assignment); and Assignment,Consent and Amendment of Public Right-of-Way Encroachment License Agreement OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX WHEREAS, Assignor desires to assign the Original Agreement to Assignee pursuant to the terms of this Assignment. AGREEMENT: NOW,THEREFORE,for and in consideration of the above,the payment by Assignee to City of an application fee in the sum of Five Hundred and No/100 Dollars ($500.00)pursuant to the terms of Section 6 of the Original Agreement, the 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 all duties and obligations under the Original Agreement to Assignee. 2. Assignee hereby accepts the assignment granted herein and assumes all of Assignor's rights,duties, and obligations under the Original Agreement. 3. A&signQr-ias-£ull-right,nower and_authodtyto-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 its execution by the City (the "Effective Date"). All rights, duties, and obligations under the Original Agreement arising, accruing, or relating to the period on or before the Effective Date are allocated to Assignor, and all rights,duties,and obligations arising,accruing,or relating to the period after the Effective Date 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 Original Agreement that arise or accrue after the Effective Date of this Assignment. 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 ill the Original Agreement. 7. In satisfaction of the terms and conditions of Section 18 of the Original Agreement, 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 Original 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. Assignment,Consent and Amendment of Public Right-of-Way Encroachment License Agreement 2 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 Attention: Director Development Services Department 200 Texas Street Fort Worth, Texas 76102 Assignor 5001 El Campo,LLC 311 University Drive Fort Worth, Texas 76107 Asp nee Intercity Investment Properties,Inc. 4301 Westside Dr., #100 Dallas,Texas 75209 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 Assignor attached as "Exhibit B" to the Original Agreement is hereby deleted in its entirety and replaced with the Certificate of Insurance for Assignee, labeled as "Exhibit B,Revised",attached to this Assignment and incorporated herein. 12. The Metes and Bounds Legal Description of the Property attached as "Exhibit C" to the Original Agreement is hereby deleted in its entirety and replaced with the Metes and Bounds Legal Description of the Property, labeled as "Exhibit C, Revised", attached to this Assignment and incorporated herein. 13. All terms and conditions of the Original Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified by the Parties. Any capitalized tenns not defined herein shall have the meaning assigned to them in the Original Agreement. 14. 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. Assignment,Consent and Amendment of Public Right-of-Way Encroachment License Agreement 3 ASSIGNOR: ASSIGNEE: 5001 EL CAMPO, LLC, INTERCITY" INVESTMENT PROPERTIES, INC., CTe 'nited liability company aTexas corporation B�,�: Name: Title: ,y, �s,.. Title: ASSIGNOR: STATE OF TEXAS § COUNTY" OF a/�1 It § This instrument was acknowledged before me by ��` as the of 5001 EL CAMPO, LLC, a Texas limited liability company, on behalf of•�tid limited liability com' ny. MORGAN KAITLYN WHATLEY ?,Ptt•' �=Notary Public,State of Texas No : Pu c, tate of as Comm.Expires 03-18-2024 [NOTARIAL SE Notary ID 132409419 ASSIGNEE: STATE OF TEXAS § COUNTY(JF § This instrument was acknowledged before me by ,as the of INTERCITY INVESTMENT PROPERTIES,INC.,Texas corporation, on behalf of said corporation. Notary Publc, State of Texas [NOTARIAL SEAL] OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Assignment,Consent and Amendment cif Publie Right-ot Way Encroachment License Agreement 4 ASSIGNOR: ASSIGNEE: 5001 EL CAMPO,LLC, INTERCITY INVESTMENT PROPERTIES, INC., a Texas limited liability company a Texas corporat' By:----- By' Name: _ Name: 1 ' r.s eqlr.. Title: Title: ASSIGNOR: STATE OF TEXAS § COUNTY OF �l�.lt5 § This instrument was acknowledged before me by ,as the of 5001 EL CAMPO, LLC, a Texas limited liability company,on behalf of said limited liability company. Notary Public, State of Texas [NOTARIAL SEAL] ASSIGNEE: STATE OF TEXAS § COUNTY OF_ § ill��a[1!T- This instrument was acknowledged before me by 5 •-1® of INTERCITY INVESTMENT PROPERTIES,INC.,Texas car ation, n heha of s corporation. z ! ); j NhW,Public,State of Texas [NOTARIAL SEAL] RHONDA WALKER � OFFICIAL RECORD Notery Public.. „ate of Texas .4e Comm.Expires 07-08-2022 CITY SECRETARY �j1111io" Notary iD 2r1J897-6 FT.WORTH, TX Assignment,Consent and Amendment of Public Right-of-Way Encroachment License Agreement 4 APPROVED AS TO FORM AND CITY OF FORT WORTH LEGALITY: b9 H. �eCG DJ Harrell(Nov 6,2020 14:44 CST) FWBC Sec. 3210 DJ Harrell,, Director Matthew A.Murray Development Services Department Assistant City Attorney Date: Nov 6,2020 Date: Nov 6,2020 Contract oml)lia ica-Ma gager 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. .o�4vnn� LuusiE'L1__uy� -6k FOR r�aa no«,iozaua:zy csT: a00000000o s 9A,00 o�Ad Laurie Lewis pp0s% ssA Interim Development Manager �AT�T(yE�7lySST::�'� apa,�000 0*� V 7/ V aa�b nFoASaaa City Secretary [No M&C Required] STATE OF TEXAS COUNTY OF TARRANT § This instrument was acknowledged before roe uu November 9 t 20 20 by DJ Harrell,as the Director of the Development Services Department of the City of Fort Worth, a Texas home rule Municipal Corporation,on behalf of the City of Fort Worth. LAURIE PEQUENO DigimllysignedbyLAURIE LAURIE PEQUENO LEWIS PEQUENO LEWIS G Notary Public Date:zo LEWIS 20.11.09 08:03:02-0600 STATE OF TEXAS 9 Notary I.D.132278952 myComm.Exp.Dec.,o,zoz3 Notary Public,State of_Texas [NOTARIAL SEAL] Assignment,Consent and Amendment of Public Right-of-Way Encroachment License Agreement 5 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX EXHIBIT B,REVISED CERTIFICATE OF INSURANCE Assignment,Consent and Amendment of Public Right-of-Way Encroachment License Agreement 6 1 EXHIBIT C,REVISED Metes and Bounds Legal Description of the Property Lots l, '_, 3 and 4, Black 7a, CHAMBERLIN ARLMTON HEIGHTS-, FIRST F[l.ING, :gin :' WItion to (lie City of For; 'Wwth, T*41 ;itlt Ctt':1T:t±,k, Tex, , :icw.r hiv io Ow FlAt rrcxnjed in V'nlu is 63, Page 21. Dccd Records of`Turraw Count-, Assignment,Consent and Amendment of Public Right-of-Way Encroachment License Agreement 7 5165556v.2