HomeMy WebLinkAboutContract 50914-CA1 Date Received: Feb 4,2021 City Secretary
Time Received: 4:58 pm Number: 50914-CAI
ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT
City Secretary Contract No. 50914
THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is
made and entered into as of this 2ND day of FEBRUARY , 2021 by and between the CITY
OF FORT WORTH, a Texas home-rule municipal corporation ("City"), Sinclair Holdings,
LLC, a Texas limited liability company ("Assignor"), and Twain GL XIII, LLC, a Missouri
limited liability company ("Assignee"). Sometimes herein City, Assignor, or Assignee may also
be referred to individually as a-Party" or collectively as the "Parties."
WITNESSETH:
WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract
No. 50914 (the "Encroachment Agreement"), on the 22nd day of June, 2018, with Assignor, the
owner of certain real property more particularly described in the attached Legal Description (the
"Property") located adjacent to or near the City's right-of-way on which the encroachments are
located. The encroachments are more particularly described in the Encroachment Agreement,
attached hereto as "Exhibit A" and incorporated herein by reference for all purposes, and are
referenced therein and herein as the "Improvements";
WHEREAS, the Encroachment Agreement was recorded the 29th day of June, 2018, as
Instrument No. D218142883 in the Real Property Records of Tarrant County, Texas;
WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee.
AGREEMENT:
NOW, THEREFORE, for and in consideration of the above and 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 it duties and obligations under the Encroachment Agreement to Assignee.
2. Assignee hereby accepts the Assignment granted herein, and assumes all of
Assignor's rights, duties, and obligations arising under the Encroachment Agreement.
3. Assignor has full right, power, and authority to enter into this Assignment, to
make the representations set forth herein, and to carry out Assignor's obligations hereunder.
OFFICIAL RECORD
CITY SECRETARY
Encroachment Assignment Agreement
FT.WORTH,TX
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 Encroachment Agreement
arising, accruing, or relating to the period before the Effective Date are allocated to Assignor,
and all rights, duties, and obligations arising, accruing, or relating to the period thereafter 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 Encroachment Agreement as of the
Effective Date.
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 in the
Encroachment Agreement.
7. 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 Encroachment 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.
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.
Citv
Development Services Department
200 Texas Street
Fort Worth TX 76102
Attention: Director
Assignor
Sinclair Holdings, LLC
1785 Hwy 26, Suite 400
Grapevine, Texas 76051
Attention: Mehul Patel
Email: mehul.patel(4�newcrestimage.com
Encroachment Assignment Agreement Page 2 of 7
Rev 04/2020
With copy to:
Munsch Hardt Kopf& Harr, P.C.
500 N Akard Street, Suite 3800
Dallas, Texas 75201
Attention: Phillip J.F. Geheb
Email: pgeheb@munsch.com
Assignee
Twain GL XIII, LLC
2200 Washington Avenue
St. Louis, MO 63103
Attention: R. Landon Nalley
Email: Landon.Nalley@twainfinancial.com
With copy to:
Stinson LLP
7700 Forsyth Boulevard, Suite 1100
St. Louis, MO 63105
Attention: Robert Faulkner
Email: robert.faulkner@stinson.com
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 the Assignor attached as Exhibit "B" to the
Encroachment Agreement is hereby deleted and replaced with the attached Certificate of
Insurance from the Assignee as "Exhibit B, Revised."
12. All terms and conditions of the Encroachment Agreement not amended herein
remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified
by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the
Encroachment Agreement.
13. 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 which may be evidenced by one counterpart.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
Encroachment Assignment Agreement Page 3 of 7
Rev 04/2020
ASSIGNOR: ASSIGNEE:
Sinclair Holdings, LLC Twain GL XIII, LLC
a Texas limited liability company a Missouri limited liability company
By: Supreme Bright Fort Worth IV, LLC By:Twain Financial Partners Holdings, LLC
its managing member its manager
By: By:
Name: Mehul Patel Name: R. Landon Nalley
Title: President Title: Vice President
STATE OF TEXAS §
COUNTY OF
This instrument was acknowledged before me by Mehlll Patel, President of Supreme Bright Fort
Worth, IV, LLC, as the managing member of Sinclair Holdings, LLC, a limited liability company, on
behalf of said company.
PpY C B
APRIL TRAN V
Notary ID#131623180 Notary Public, State of Texas
my commission Expires
[NO A� 44r EAL une 27, 2022
STATE OF MISSOURI S
S
COUNTY OF S
This instrument was acknowledged before me by R. Landon Nalley, Vice President of Twain Financial
Partners Holdings, as the manager of Twain GL XI II, LLC, a limited liability company, on behalf of said
company.
Notary Public, State of MiSSOIII'i
[NOTARIAL SEAL]
OFFICIAL RECORD
Encroachment Assignment Agreement CITY SECRETARY
FT.WORTH,TX
ASSIGNOR: ASSIGNEE:
Sinclair Holdings, LLC Twain GL XIII, LLC
a Texas limited liability company a Missouri limited liability company
By: Supreme Bright Fort Worth IV, LLC By:Twain Financial Partners Holdings, LLC
its managing member its manager i
By: By: C�
Namc: Mchul Patcl Name: R. La on : alley
Title: President Title: Vice President
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me by Mehul Patel, President of Supreme Bright Fort
Worth, IV, LLC, as the managing member of Sinclair Holdings, LLC, a limited liability company, on
behalf of said company.
Notary Public, State of Texas
[NOTARIAL SEAL]
STATE OF MISSOURI §
COUNTY OF toc"y §
This instrument was acknowledged before ine by R. Landon Nalley, Vice President of Twain Financial
Partners Holdings, as the manager of Twain GL XIII, LLC, a limited liability company, on behalf of said
company.
ar ub , State'OM issouri
[NOTARIAL SEAL]
KELLY A. TROUT
Notary Public, Notary Seal
State of Missouri
Saint Louis County
Commission*13447449
My Commission Expires 12-18-2022
OFFICIAL RECORD
Encroachment Assignment Agreement
CITY SECRETARY
FT.WORTH,TX
APPROVED AS TO FORM AND CITY OF FORT WORTH
LEGALITY:
Narl-)I-hew Niarray «�
Matthew Murray(Feh 1,2021 07:54 CST) DJ Harrell(F5 2,202113;46 CST)
FWBC Sec. 3210 DJ Harrell, Director
Matthew A. Murray, Assistant City Attorney Development Services
City Attorney's Office
Date: Feb 1,2021 Date: Feb 2,2021
�,abvnnn��
ATTEST: �ao�OF 000oco �
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Rarut�A. Co�uza�s� v
Aw o o o
'for Ronald P.Gonzales(Feb 2,202116:15CST)
0
Mary Kayser, City Secretary �'�000000000000°a`�
City Secretary's Office r,�nEX p5�aa
[No M&C Required]
Contract Compliance Specialist:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
Janie S. Morales
Development Manager
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on February 2 2021 by
DJ Harrell, Director, as the Director of the Development Services Department of the City of Fort
Worth, a Texas municipal corporation on behalf of the City of Fort Worth.
149
JENNIFER L. EZERNACK Digitally signed byJenniferL
Notary Public Jennifer L Ezernack
STATE OF TEXAS Date:2o21.o2021s:46so
Notary I.D. 130561630 Ezernack _ _�fi,DD.
My Comm.Exp.Mar. 1,2024 Notary Public, State of Texas
OFFICIAL RECORD
CITY SECRETARY
Encroachment Assignment Agreement
FT.WORTH,TX
EXHIBIT A
ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS
Encroachment Assignment Agreement Page 6 of 7
Rev 04/2020
Page 1 of 23
Exhibit A
MARY LOUISE GARCIA
COUNTY CLERK
100 West Weatherford Fort Worth, TX 76196-0401
PHONE(817)884-1195
CITY OF FORT WORTH CFA OFFICE
200 TEXAS STREET
FT WORTH, TX 76102
Submitter: CITY OF FORT WORTH CFA
OFFICE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 6/29/2018 11:39 AM
Instrument#: D218142883
A 23 PGS $100.00
By:
D218142883
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
Page 2 of 23
CITY SECS •}aQ
CONTRAST C.
RIGHTOF WAS'
ENCROACHMENT AGREEMENT
tt'l A1A,c,I?t'T4IA
THIS 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, its duly authorized Assistant
City Manager or Planning and Developrrtent Department Director, and
Sinclair Holdings LLC [frill 1e*gol noine], a Limited Liability [rype qfentrrt�
"Licensee", acting herein by and through its duly authorized partner, F rukh Astern pil/ j
the owner of the real property located at 512 West Main Ir t Fort Worth,
Texas 761 ( Pr° perty").
RECITALS
WHEREAS, Licensee is the owner of certain real property situated in the City of
Fort Worth, Tarrant County; Texas, more particularly described in the attached Legal
Description of the Property; and
WHEREAS, the City has a street, alley* sidewalk, and/or tidier public right-of-
way(individually or collectively,the"Public Right-of-Way")adjacent to the Property as
shown on the nrap attached to this Agreement as Exhibit"A" and incorporated herein for
al t purposes; and..
WHEREAS, Licensee desires to construct/place and maintain certain
improvements which will encroach onto the Public Right-of-Way;and
WHEREAS, City will allow the encroachrrlent cinder the tertrts and conditions as
set forth in this Agreement to cc:otorm)date the needs of the Licensee
NOW, THEREFORE,
the City and.. Licensee agree as follows`
RECEIVED AGREEMENT
tk�tt� su�x�t'c�al�l
City, in consideration of the payment by Licensee of the fee set out below and
covenants and agreements hereinafter contained, to be Dept and performed by Licensee,
hereby grants pen-nission to Licensee to encroach upon;,use and/or occupy portions of tare
space under, on, and/or above the City's Public Right-of-Way to construct/install and/or
allow to remain,certain improvements for the purpose of nstruttrr h stc bride (whether
one or more, the "Improvements"} as described in and at the location shown on Exhibit
"A"' but only to the extent shown thereon. Upon completion of the Improvements,
Licensee agrees to be responsible for maintaining the Improvements. Licensee shall not
expand or otherwise cause the Improvements to further infringe in or oil C'ity's Public
Right-of-Way beyond what is specifically described in theExhibit(s) attached hereto.
2015 ROW Encroachment Agreement-Coinniercial Page t of 12
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2.
All construction, maintenance and operation in connection with such
Improvements, use and occupancy shall be performed in strict compliance with this
Agreement and the City's Charter, Ordinances and Codes, and in accordance with the
directions of the City's Director of Transportation and Public Works, or his or her duly
authorized representative. Licensee shall submit all plans and specifications to the
applicable Director or his or tier duly authorized representative prior to the construction
of the Improvements, Licensee shall not commence construction of the Improvements
until receiving written approval by the Director, but such approval shall not relieve
Licensee of responsibility and liability for concept, design and computation in the
preparation of such plans and specifications.
3.
Upon completion of the construction and installation of the Improvements, there
shall be no other encroachments in, under, on or above the surface area of the Public
Right-of-Way, except as described herein and depicted on Exhibit"A".
4.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
encroachment, use and occupancy, including the securing of approval and consent from
any affected utility companies and the appropriate agencies of the State of Texas and its
political subdivisions. In the event that any installation, reinstallation, relocation or
repair of any existing or future utility or improvements owned by, constructed by or on
behalf of the public or at public expense is made more costly by virtue of the
construction, maintenance or existence of such encroachment and use, Licensee shall pay
to City an additional amount equal to such additional cost as determined in the reasonable
discretion of the Director of Transportation and Public Works, or his or her duly
authorized representative.
5.
Upon prior written notice to Licensee, except in the case of air emergency,
Licensee agrees that City may enter and utilize the referenced areas at any time for the
purpose of installing, repairing, replacing, or maintaining improvements to its public
facilities or utilities necessary for the health, safety and welfare of the public or for any
other public purpose. City shall bear no responsibility or liability for any damage or
disruption or other adverse consequences resulting from the h-nprovenients installed by
Licensee, but City will make reasonable efforts to minimize such damage. In the event
that any installation, reinstallation, relocation or repair of any existing or future utility or
improvements owned by, constructed by or on behalf of the public or at public expense is
2015 ROW Encroachment Agreement-Commercial Page 2 of 12
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made more costly by Virtue of the construction, maintenance or existence of tile
Irnprovillents and use, Licensee shall pay to City all additional amount equal to such
additional cost as reasonably determined by the Director of Transportation said Public
Works or the Director of the Water Department, or said Director's duly authorized
representative.
6.
Licensee agrees to pay to City at the time this Agreement is requested an
application fee of$325.00 in order to defray all costs of inspection and supervision which
City has incurred or will incur as a result of the construction, maintenance, inspection or
management of the encroachments and uses provided for by this Agreement. Licensee
agrees to pay a fee in the amount of$.56 per square/finear foot of the encroachment area
upon execution of this Agreement and annually thereafter.
7.
The term of this Agreement shall be for 30 years commencing oil the date this
Agreement is executed by City. However, this Agreement shall terminate upon
Licensee's non-compliance with any of the terms of this Agreement, City shall >notify
Licensee in writing of the non-compliance, and if not cured within 30 days, this
Agreement shalt be deemed terminated unless such non-compliance is not susceptible to
cure within 30 days, in which case this Agreement shall be deemed terminated in the
event that Licensee fails to commence and take such steps as are necessary to remedy the
non-cornpliance within 30 days after written notice specifying the same, or having so
commenced, thereafter fails to proceed diligently and with continuity to remedy same.
8.
Upon termination of this Agreement, Licensee shall at no expense to City remove
the Improvements encroaching into the Public Right-of-Way, and restore the Public
Right-of-Way to a condition acceptable to the Director of Transportation and Public
Works, or his or her duly authorized representative„
in accordance with then-existing City
specifications. It is understood and agreed by Licensee that if this Agreement terminates
and Licensee fails to remove tile Improvements and restore the Public Right-of-Way,
Owner hereby gives City permission to remove the Improvements along with any
supporting structures, restore the Public Right-of-Way, and assess a lien on the Property
for the costs expended by the City in taking such actions.
9.
It is further understood and agreed between the parties hereto that the Public
Right-of-Way to be used and encroached upon as described herein, is held by City as
trustee for the public; that City exercises such powers over the public right-of way as
have been delegated to it by the Constitution of the State of Texas or by the Texas
Legislature; and that City cannot contract away its duty and its legislative power to
2015 ROW Encroactin-tent Agreement-Conimercial Page 3 of 12
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control the Public Right-of-Way for the use and benefit of the public. It is accordingly
agreed that if the governing body of City may at any time during the term hereof
determine in its sole discretion to use or cause or permit the Public Right-of-Way to be
used for any other public purpose, including but not limited to, underground, surface or
overhead communication, drainage, sanitary sewerage, transmission of natural gas or
electricity, or any other public purpose, whether presently contemplated or not, that this
Agreement shall terminate upon 60 days' written notice to Licensee. In the event this
Agreement is terminated tinder this Section 9, Licensee shall perform the obligations
regarding removing the Improvements and restoring the Public Right-of-way described
in Section &
10.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain and locate the Improvements over or within
the described Public Right-of-Way and is not a conveyance of any right, title or interest
in or to the Public Right-of-Way nor is it meant to convey any right to use or Occupy any
property in which a third party may have an interest. Licensee agrees that it will obtain
all necessary pen-nissions before occupying such property.
It.
Licensee agrees to comply fully with all applicable federal, state slid local laws,
statutes, ordinances, codes or regulations in connection with the construction, operation
and maintenance of the Improvements, encroachment and uses.
12.
Licensee agrees to pay promptly when due all fees, taxes or rentals provided for
by this Agreement or by any federal, state or local statute, law or regulation.
13.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing sane,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
14.
2015 ROW Encroachment Agreement-Cornmercial Page 4 of 12
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LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AlD AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE
IMPROVEMENTS AND ENCROACHMENT AND USES GRANTED
HE,REUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY
ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,
ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE
HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH
CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY
AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL
INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN
CONNECTION WITH THE IMPROVEMENTS AND ANY AND ALL ACTS OR
OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,
INVITEES, OR TRESPASSERS.
15.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder, as proof that it has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as described or depicted in Exhibit"A".
The aimunts of such insurance shall be not less than
$1,000,000 Commercial General Liability
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts promptly
following notice to Licensee of such requirement. Such insurance policy shall not be
canceled or amended without at least 30 days prior written notice to the Building Official
of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit
1.'B" and incorporated herein for all purposes. Licensee agrees to submit a similar
Certificate of Insurance annually to City on the anniversary date of the execution of this
Agreement.
Licensee agrees, binds and obligates itself, its successors and assigns, to maintain
and keep in force such public liability insurance at all times during the term of this
Agreement and until the removal of all encroachments and the cleaning and restoration of
the Public Right-of-Way, All insurance coverage required herein shall include coverage
of all Licensees' contractors and subcontractors.
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L 69
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay the fees to record this Agreement in the Deal
Property Records of Tarrant County, Texas, Ailey being recorded, the original shall be
returned to the City Secretary of the City of Fort Worth.
17.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorney's fees.
I .
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this Agreement without the prior written approval of the City,
andany attempted assignment without such written approval shall be void, In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agi-eement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shale not require City approval provided that
said lender notifies City in writing within 60 clays of such foreclosure or assignment and
assumes all of Licensees' rights and obligations hereunder. However, no change of
ownership due to foreclosure or assignment to any secured lender of Licensee shall be
effective as to City unless and until written notice of such foreclosure or assignment is
provided to City.
1 ,
THE PARTIES AGREE THAT THE DUTIES AND OBLIGATIONS
CONTAINED IN PARAGRAPH8 SHALL SURVIVE THE TERMINATION F
THIS AGREEMENT.
tl:
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas, This Agreement shall be governed by the haws of the Mate of Texas.
1.
This Agreement shall be binding upon the parties hereto, their successors and
assigns,
2015 ROW Encroachment Agreement-C mraercial Page 0 of 12
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[SIGNATURES AP FOLLOWING PAGE]
2015 ROW Encroachment Agreement-Commercial Page 7 of 12
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THIS EMEN ` may he executed in multiple counterparts, each of which
shall he considered an original, but all of Which sham constitute one instrument.
City: Licensee:
CITY OF FORT WORTH, Sinclair Holdings LLC
y: ., y: :
Randle Hai-wood Namce Farukh Aslant
Director Title: Partner
Planning and Development Department
Date: s200
ATTEST, Approved As To Form and Legality
fr�, `
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City Secretary City Attorney
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2015 ROW Eneroachineot Agreeincot-Coaiaierc al Page 8 of 12
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Contract Compliance Manager
y signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and report requirements.
jd6(�� )". 1/1,1,
Janie Scarlett Morales
Development Manager
Page 11 of 23
STATE OF TEXAS
COUNTY OF TARRANT'
This instrument was ackt OWled ed before ine onOpmC—E)�epirtrne—ntof
� 20[b Randle Harwood, Director tat tine plantain and oveent t�ac C ity
y
of Fort Worth, on behalf the City of Fort W
4�
Not Public rate IT aNwary Public,
State of Texas
—
After Recording Return to:
Cassandra Foreman
Planning and Development Department
1000 Throckmorton Street
Fort Worth TX, 76102
2015 ROW Encroachment Agrectnent Commercial Page 9 of 12
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STATE OF §
COUNTY rNTY OF ,,. �
BEFORE ME, the undersigned authority, a Notary Public its and for the State of
Texas, on this day personally appeared Farukh Asiam
Partner (title), known to rite to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to isle that he/she executed the
same for the purposes and consideration therein expressed*_ as the act and deed of
Sinclair holdings LLC Limited LiabilityCo. � and in the capacity therein
stated,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this dray of
®� 0
LO NAKLIETHEULVEY blotary Public 11� and for the
My Notary ID#5438305
Expires September 17,2019 Mate of
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LEGAL DESCRIPTION OF THIK PROPERTY
Lots 1-4 and -11
Block 84,
Original Town of Fort Worth,
Unrecorded Mat.
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IT"A"
Location and Description of Encroachment and Improvements
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ATTACHMENT A
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Page 21 of 23
SCALE. 1" — 0' EXHIBIT „A" I
ENCROACHMENT
0 10 20 50 100 PART OF
WEST FIFTH STREET
(D LOT 3, BLOCK 84 SOUTH HOUST N STREET
ORIGINAL TOWN!
B L 0 C K 4
OF FORT WORTH
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OF T 0'0
JOHN A GRANT IN POI OF BEGINNING
4151 LINE TABLE
sou
LINE BEARING LENGTH
April 1 , 2018 L-01 s0'00 o f 95.00
L-02 S 30'00 00 E 5.50
L-03 S 60'00 O W 24.63
OWNER L-04 N 30'00 00 W 3.50
FOSSIL GREET{ L-05 S 60'00 00 W 70.37
. LAND PARTNERS, INC. L-06 N 30.00 0 w 2.00
GrantEngineering, Inc. 515 HOUSTON STREET L-07 S 60°00 00° W 2.00
L-08 N 30'00 OO W 79.00
Engineers surveyors Planners SUITE 621 L-09 S 60'OO'OO W 150
3244 Hemphill street Fort Worthy Texas 76110 4014 817-923-3131 'FORT WORTH, TEXAS 76102 L-10 N 3C1°C70 00 W 21.00
BimiRegistradonNa.19tf919-oo VOL. 13146, PAGE 337 L-11 N s('00'06' E 5.50
_.... L-12 S 30'00'06' E 100.00
Page 22 of 23
LEAL DESCRIPTION
TRACT 1:
A portion of the right—of—way of West Fifth Street, a 60 feet wide public street, adjacent to the south line
of Block 84, of the ORIGINAL TOWN OF FORT WORTH, in Tarrant County, Texas, being more particularly
described by metes and bounds as follows:
BEGINNING at the intersection of the north right—of—way line of said West Fifth Street and the east
right—of—way line of South Houston Street, an 80 feet wide public street, at the southwest corner of said
Block 84
THENCE North 60 degrees 00 minutes 00 seconds East along the north right—of—way line of said West Fifth
Street and the south line of said Block 84, 95M feet to the southeast corner of Lot 3, of said Bieck 04;
THENCE South 30 degrees 00 minutes 00 seconds East, 5.50 feet to a point;
THENCE South 60 degrees 00 minutes 00 seconds West, 24.63 feet to a point
THENCE North 30 degrees 00 minutes 00 seconds West, 3.50 feet to a point;
THENCE South 60 degrees 00 minutes 00 seconds West, 70.37 feet to a point,
THENCE North 30 degrees 00 minutes 00 seconds West, 2.00 feet to the Point of Beginning, and
containing 0.0063 acres (276 square feet) of land, more or less.
TRACT 2;
A portion of the right—of--way of South Houston Street, an 80 feet wide public street, adjacent to the west
line of Block 84, of the ORIGINAL TOWN OF FORT WORTH, in Tarrant County, Texas, being more particularly
described by metes and bounds as follows;
BEGINNING at the intersection of the east right—of—way line of said South Houston Street and the north
right--of—way fine of West Fifth Street, a 60 feet wide public street, at the southwest corner of said Block
84;
THENCE South 60 degrees 00 minutes 00 seconds West, 100 feet to a paint;
THENCE North 30 degrees 00 minutes 00 seconds West, 79.00 feet to a point;
THENCE South 60 degrees 00 minutes 00 seconds West, 3.50 feet to a paint;
THENCE North 30 degrees 00 minutes 00 seconds West, 21,00 feet to a point;
THENCE North 60 degrees 00 minutes 00 seconds East, 5.50 feet to the northwest corner of Lot 3 of
said Block 84, and in the east right—of—way line of said South Houston Street;
THENCE South 30 degrees 00 minutes 00 seconds East along the east right—of—way line of said South
Houston Street and the west fine of said Block 84, 100.00 feet to the Point of Beginning, and containing
0.0063 acres (274 square feet) of land, more or less.
The Basis of Bearings used to prepare this sketch and description is :an assumed bearing of North 60
degrees 00 minutes 00 seconds East along the south line of Block 84.
1, the undersigned, a Registered Professional
Land Surveyor of the State of Texas, do
hereby certify that this plat of survey
accurately sets out the metes and bounds
WAQ description of the right—of—wayencroachment described.
Grant1 ee i , Inc.
Engineers Surveyors Planners
April 18, 2018 p 3244 Hemphill Street Fort worth;Texas 761104014 817-923-3131
Firm Registradan No.100919-00
EXHIBIT B, REVISED
CERTIFICATE OF INSURANCE
Encroachment Assignment Agreement Page 7 of 7
Rev 04/2020
4845-7123-9378v.1