HomeMy WebLinkAboutContract 57116-A1 Date Received: May 3,2022 Record Number: PN21-00129
Time Received: 3:28 PM City Secretary Number: 57116-A1
FIRST AMENDMENT
TO CITY SECRETARY CONTRACT NO. 57116
TIER II RIGHT OF WAY ENCROACHMENT LICENSE AGREEMENT
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 57116
TIER II RIGHT OF WAY ENCROACHMENT LICENSE 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 TX Kent Lofts, LP, a Texas limited liability company ("Licensee") acting herein
by and through its duly authorized Manager.
RECITALS
WHEREAS, the City of Fort Worth ("City") and Licensee made and entered into City
Secretary Contract No. 57116 on February 15, 2022 (the "Agreement") to authorize the use of
public right-of-way for the installation, and maintaining a water line and sanitary sewer line; and
WHEREAS, after the Agreement was executed, it was determined that additional
encroachments were not included in the Agreement that needed to be identified;
WHEREAS, the parties now wish to amend the Agreement to revise the"Encroachment" to
include 78 linear feet of private storm drain line(s) and 36.3 square feet of awning encroaching into
the public right-of-way which and replace Exhibit "C" from the Agreement to incorporate the
additional encroachments.
NOW THEREFORE, City and Licensee, acting herein by and through their duly
authorized representatives, enter into the following that amends the Agreement:
OFFICIAL RECORD
Right of Way Amendment CITY SECRETARY Page 1 of 5
FT. WORTH, TX
1.
Section 1 of the Agreement is hereby deleted in its entirety and replaced with the following:
The City, in consideration of the payment by Licensee of the fee set out
below and covenants and agreements hereinafter contained to be kept and performed
by Licensee, hereby grants permission to Licensee to encroach in, on, above, or
below and occupy a portion of the City's Public Property as described in and at the
location shown on Exhibit"C," but only to the extent shown thereon, for the purpose
of constructing, installing, and maintaining private water, sanitary sewer, and storm
drain lines as well as a balcony extending into the right of way (the
"Encroachment"). Upon completion of the Encroachment, Licensee agrees to be
responsible for maintaining the Encroachment within the Public Property. Licensee
shall not expand or otherwise cause the Encroachment to further infringe in or on the
Public Property beyond what is specifically described in Exhibit"C."
2.
The attached "Exhibit A-1" to this Amendment is hereby incorporated in and made part of
Exhibit"C" of the Agreement, consisting of the additional encroachment areas mentioned above.
3.
All other provisions of the Agreement which are not expressly amended herein shall remain
in full force and effect
EXECUTED on this the 2nd day of May , 2022
[REMAINDER OF THIS PAGE TO REMAIN BLANK]
Right of Way Amendment Page 2 of 5
CITY OF FORT WORTH: LICENSEE:
Kent Lofts, LP
a Texas limited liability company
by: Kent Lofts GP, LLC
a Texas limited liability company
a general partnership
Tehhife�Roberts fog
Jennifer Roberts for(May 2,2022 15:20 CDT) OAKA4
DJ Harrell, Director elissa isher, Manager
Development Services Department
Date: May 2, 2022 Date:
ATTEST: Approved as To Form and Legality
4aAette S.Goodall(May 3,2022 15: DT)
Jannette Goodall Thomas Royce Hansen
,d4vnan�
City Secretary �o�FORT��� Assistant City Attorney
0°°°°°°°°°°°� Ordinance No. 24161-04-2020
Date: May 3, 2022 ° °�9�
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° °° � CONTRACT COMPLIANCE
�aan��EXASoap
o. 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.
9 X44-1
Janie Scarlett Morales
Planning Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Right of Way Amendment Page 3 of 5
STATE OF TEXAS §
Jennifer Roberts
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Pj Harrel!, 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 2nd day of
May ) 20 22
Digitally signed by Jennifer L.
o,�p.RY PUe/ JENNIFER L. EZERNACK Jennifer L. EZernack Ezernack
_ Notary Public Date:2022.05.0215:35:31 -05'00'
* + STATE OF TEXAS
wr +Q Notary I.D. 130561630 Notary Public, State of Texas
FOF� My Comm. Exp.Mar. 1,2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Right of Way Amendment Page 4 of 5
STATE OF f' ��. §
COUNTY OF � _ §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Melissa Fisher, 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 deed of
Cook Children's Health Care System, and in the capacity therein stated.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of^ _
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Right of Way Amendment Page 5 of 5
Exhibit A-1
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Awning ARCHITECT: 4/08/2022
- - - - - -�-�-� Property Line
EXHIBIT 8A
OWNER/DEVELOPER MAIN ENTRY AWNING
TX KENT APARTMENTS, LP
16812 DALLAS PARKWAY ENCROACHING A R C H I T E C T S
16
DALLAS, FISHER,
75248 PROPERTY LINE
MELISSA FISHER,
TX
mfsher@n l se esidential.com TO SERVE: "THE KENT' 214.520.887g PARKWAY ADDISON,edk com
Exhibit A-1
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ARCHITECT: 4/08/2022
EXHIBIT 8B
OWNER/DEVELOPER MAIN ENTRY AWNING
TX KENT APARTMENTS, LP
16812 DALLAS PARKWAY ENCROACHING A R C H I T E C T S
16
DALLAS, FISHER,
75248 PROPERTY LINE
MELISSA FISHER,
mf sher0r se esidential.com TO SERVE. "THE KENT'i 214.520.8878 PARKWAY ADDISON, TX k coml