HomeMy WebLinkAboutContract 55374-A2 Date Received: Sep 13, 2021 Permit Number: PN20-00118
Time Received: 4:00 PM Contract Number: 55374-A2
SECOND AMENDMENT
TO CITY SECRETARY CONTRACT NO.55374
RIGHT OF WAY ENCROACHMENT AGREEMENT
This SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 55374
ENCROACHMENT AGREEMENT ("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, its duly designated Assistant City Manager or
Development Services Director, hereinafter referred to as the "City," and Matthew 25, LLC
acting herein by and through its duly authorized owner, hereinafter referred to as "Licensee".
RECITALS
WHEREAS, the City of Fort Worth ("City") and Licensee made and entered into City
Secretary Contract No. 55374 on March 8, 2021 (the "Agreement")to authorize the use of public
right-of-way for 36 linear feet of Private Storm Drain connecting to Public Storm Drain within
the ROW;and
WHEREAS, the City of Fort Worth ("City") and Licensee made and entered into City
Secretary Contract No. 55374-A1 on August 10, 2021 (the "First Amendment") to amend the
Agreement to add five (5) canopies with eaves projecting a total of 47. 8 feet into the Right- of-
Way; and
WHEREAS,the parties wish to amend the Agreement once again to add additional
encroachments which include a total of five (5) buildings containing five (5)entry door awnings,
twelve (12)eaves and twelve (12)sections of retaining wall; and
WHEREAS, it is the mutual desire of City and Licensee to execute this Amendment to the
Agreement to revise the exhibit in the Agreement to depict the revised encroachment area;
Right of Way—Second Amendment OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
NOW THEREFORE, City and Licensee, acting herein by and through their duly
authorized representatives, enter into the following Second Amendment to the Agreement as
follows:
1.
Exhibit "A-2" is hereby attached hereto and incorporated herein to the Agreement,
consisting of additional encroaching improvements.
2.
All other provisions of the Agreement which are not expressly amended herein shall remain
in full force and effect
EXECUTED on this the 13th day of September 20 21
Right of Way—Second Amendment Page 2 of 5
DJ Harrell(Sep10,202116:42 CDT)
DJ Harrell,Director Troy kutil(el. er
Development Services Department Matth 25, LLC
Sep 10, 2021
Date: Date:
A,��°�oRr �a�
APPROVED AS TO FORM ATTESTED BY: °
AND LEGALITY: ~ 00�';
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d �4r,(�`ep 13,2021 14:13 CDT) nEXp�aAd
Ronald P.Gonzales �i
FWBC Sec. 3210 Ronald Gonzales,Acting City Secretary
T. Royce Hansen,Assistant City Attorney II City Secretary's Office
City Attorney's Office
CONTRACT COMPLIANCE
MANAGER:
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.
Z1EZQ1x11 - • MEKKNON Janie Scarlett Morales
• Development Manager
STATE OF TEXAS §
COUNTY OF TARRANT §
Right of Way Amendment OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared DJ Harrell, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10th day of
September , 20 21
Jennifer L. Digitally signed by Jennifer L.
o,�pRY P(ie/ JENNIFER L. EZERNACK Ezernack
r Notary Public Ezernack Date:2021.09.10 16:55:38-05'00'
+®* STATE OF TEXAS
NT P Notary I.D. .Mar. 1,2 Notary Public, State of Texas
9�oF� My Comm.Exp.Mar. 1,2024 �
STATE OF Tarrant §
COUNTY OF Texas §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Troy Kunkel, Owner, 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
Matthew 25,LLC,and in the capacity therein stated.
GIVEN VNDER MY HAND AND SEAL OF OFFICE this day of_ ,
20 If
BARBARA A JOHNSON
=•: •= My Notary ID#10740923
"•� E+'' Expk%July 7,2024
OF
Notary Public, State obtexas
Right of Way Amendment OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
EXHIBIT A-2
Right of Way—Second Amendment Page 5 of 5
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