HomeMy WebLinkAboutContract 49271-A1 i
Date Received: Feb 17,2021 City Secretary
Time Received: 10:25 AM Number: 49271-A1
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FIRST AMENDMENT
TO CITY SECRETARY CONTRACT NO.49271
STORMWATER FACILITY MAINTENANCE AGREEMENT
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This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 49271,
STORMWATER FACILITY MAINTENANCE AGREEMENT is made and entered into by
and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas,
acting herein by and through its duly authorized City Manager or duly designated Assistant City
Manager, hereinafter referred to as the "City", and Fort Worth Everman/Risinger Development,
LLC "Landowner", acting herein by and through its duly authorized representative Edward P.
Roski Jr. as President and Chairman of the Board,hereinafter referred to as"Licensee".
RECITALS
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WHEREAS,the City of Fort Worth("City")and Edward P.Roski Jr.made and entered into
City Secretary Contract No. 49271 (the "Agreement") to authorize the use of on-site Stormwater
management facilities(the"Facility")to be constructed and maintained on a portion of Landowner's ;
property;and
WHEREAS,the Agreement was recorded with the property records of the Tarrant County as
Document No.:D217158591 which is one and the same as City Secretary Contract 49271. 1
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WHEREAS, the Agreement contains exhibit(s) "A" and `B" that depicts the location and
design specifications of the Facility; and
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WHEREAS, it advisable to execute this Amendment to the Agreement to revise exhibit
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"B" in the Agreement to depict changes location and design changes being added to the original
agreement;and
NOW THEREFORE, City and Landowner, acting herein by and through their duly
authorized representatives,enter into the following that amends the Agreement:
OFFICIAL RECORD
Revised 11/19/2020 JLE CITY SECRETARY
FT.WORTH, TX
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1.
Exhibit B is hereby replaced with Exhibit B-1 attached hereto and incorporated herein to the
Agreement,consisting of revised design specifications of the Facility.
2.
This Amendment shall be filed with the City Secretary as an amendment to the Agreement
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and also recorded among the land records of Tarrant County,Texas, and shall constitute a covenant
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running with the land,and shall be binding on the Landowner, its administrators,executors,assigns,
heirs and any other successors in interests,including any property owners association.
3.
All other provisions of the Agreement which are not expressly amended herein shall remain
in full force and effect
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EXECUTED on this the day of ,2021.
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REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Revised 11/1 91202 0 JLE Page 2 of 5
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CITY: LANDOWNER:
Dana Burghdoff(Feh 16,20 15:26CST
Dana Burghdoff, Asst. City Manager
City of Fort Worth �4coVcb,
Date: Feb 16, 2021 Date: Z— ' '71
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Approved as to Form and Legality:
Christa R Lonez-Reynolds
Christa R.Lopez-Reynolds(Feb 16,202115:12 CST)
Christa Reynolds, Sr. Asst. City Attorney
City Attorney's Office
Date: Feb 16) 2021
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bay FORT��a
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forRand/d P. Gana/es °°°°°°°°°°°4� Contract Compliance Manager:
for Ronald P.Gonzales(Feb 16,202117:11 CST] a
a���ExASoa By signing I acknowledge that I am the
Mary Kayser, City Secretary
City Secretary's Office person responsible
for the monitoring and administration of
Date:Feb 16,2021 this contract, including
ensuring all performance and reporting
requirements.
9_�
Janie S. Morales, Planning Manager
Development Services
Date: Feb 16, 2021
OFFICIAL RECORD
Revised 11/19/2020 JLE CITY SECRETARY
FT.WORTH, TX
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles )
On February 8th, 2021 before me, -Daniella Noel Garcia, Notary Public
(insert name and title of the officer)
personally appeared Edward P. Roski Jr.
who proved to me on the basis of satisfactory evidence to be the person( whose name( is/are
subscribed to the within instrument and acknowledged to me that he/sbeA44eY executed the same in
his/4er/t4eir-authorized capacity(ies), and that by his/4ei:44e+r signature(o on the instrument the
person(s}, or the entity upon behalf of which the person(e4 acted, executed the i nstrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
*my
DANIELLA GARCIA
Notary Public-California
Los Angeles County
Commission x 2329811 [Comm.Expires Jul 17,202a f
Signature (Seal) ~
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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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 Dana Burghdoff, Assistant City Manager, 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 I
deed of the CITY OF FORT WORTH,and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 16th day of_February__._._. _,2021. €€
f
Jennifer L Digitally signed by Jennifer L
Ezernack
2o,�p.PYPUe� JENNIFER L. EZERNACK Ezernack Date:2021.02.16 15:33:49-06'00'
Notary Public
• STATE OF TEXAS Notary Public, State of Texas
"may Notary I.D. 130561630
My Comm.Exp.Mar. 1,2024
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OFFICIAL RECORD
Revised 11/19/2020 JLE CITY SECRETARY
FT.WORTH, TX
EXHIBIT"B-1"
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STORMWATER FACILITY MAINTENANCE AGREEMENT 8
Rev.1 111 7/201 6
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