The URL can be used to link to this page

Home My WebLink AboutContract 46953 CONTRACT , AGREEMENT TO TOLL THE HEARING DATE FOR AN APPEAL BEFORE THE RESIDENTIAL BOARD OF ADJUSTMENT BETWEEN THE CITY OF FORT WORTH AND HISTORIC FORT WORTH, INC. This Tolling Agreement ("Agreement') is made and entered into on this day of 2015 ("Effective Date") by and between the City of Fort Worth ("City"), a home-rule mul ,pal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Historic Fort Worth, Inc. ("HFW"), a Texas nonprofit corporation, acting by and through Jerre Tracy, its Executive Director. WHEREAS, 919 East Humbolt Street, Fort Worth, Texas is a single-family residence located within a local Historic and Cultural Landmarks District known as Terrell Heights ("Property"); WHEREAS, the City's Code Compliance Department filed an application with the Historic Preservation Officer requesting a Certificate of Appropriateness to demolish the main structure on the Property, said application assigned as Historic and Cultural Landmarks Commission ("HCLC") case number COA 15-33; WHEREAS,on May 11,2015,the HCLC held a public hearing on COA 15-33; WHEREAS, after hearing public comments and deliberating on the issue at its May 11, 2015 meeting,the HCLC approved COA 15-33 to demolish the main structure of the Property; WHEREAS, on May 20, 2015, the City received a timely Request for Appeal from HFW concerning the HCLC's decision to approve COA 15-33; WHEREAS, the City and HFW are willing to toll the hearing date for HFW's appeal of COA 15-33 until the regularly-scheduled October 2015 meeting of the Residential Board of Adjustment ("RBOA") to allow the City time to work with the Property owner to restore the Property;and NOW,THEREFORE, the City and HFW, in consideration of the mutual covenants set forth herein and intending to be legally bound hereby, stipulate and agree as follows: 1. The recitals set forth above are true and correct and form the basis upon which the City and HFW have entered into this Agreement and are incorporated herein by reference. 2. HFW agrees to toll the hearing date for its appeal of COA 15-33 until the regularly- scheduled October 2015 meeting of the RBOA to allow the City time to work with the Property owner to restore the Property. 3. Nothing contained herein shall be construed as a waiver by HFW of any its rights to appeal COA 15-33 under the City of Fort Worth,Texas Code of Ordinances, including, but not limited to, its right to withdraw the appeal. 4. The parties hereto shall not assign or transfer their interests and obligations set forth in this Agreement without the prior written consent of the other party, and any attempted assignment or transfer of all or any part hereof without such prior written consent shall be void. 5. This instrument contains the entire agreement between the parties as to the matters contained herein and the terms of this instrument are contractual and not merely recitals. There are no other agreements, either written or oral, and this Agreement supersedes all earlier representations, negotiations, or agreements about this matter. The parties acknowledge that the covenants, promises, p g the benefit f each of„the parties. and representations made herein are binding on,and inure to, �� .,e�� a „ �a'`,�,�;��ORD Tolling Agreement with Historic Fort Worth,Inc. MMY 1 of 3 �� c W0 R n�I,)"ij,•y; 6. The parties represent that they have consulted, or had the opportunity to consult, an attorney to seek legal counsel regarding the contents and effects of this Agreement. The parties further represent that they have been informed of the content and effect of this instrument and that the instrument is executed as their act and deed and of their own free will. 7. In the event that any provision of this Agreement is held void, voidable, or unenforceable, the remaining portions shall remain in full force and effect. 8. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 9. This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 10. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. IN WITNESS HEREOF, the parties hereto have executed this Agreement to be effective on the Effective Date. CITY OF FORT WORTH HISTORIC FORT WORTH, INC. by: by; Fernando Costa Jerre Tracy Assistant City Manager Executive Directoll Date: L2I e Date: APPROVED AS TO FORM AND LEALITY: Tyler F. ach Assistant City Attorney y •, � ATTES E BY. �„,,. / `� Mary Kay City Secretary No M&C required 4.,()FFIC1�1AL. RECORD C1 i Y SEC RET„1'N&RY Tolling Agreement with Historic Fort worth,Inc. ...... —1�-1-1 2 of 3 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority,a Notary Public in and fort State of Texas,on this day personally appeared Fernando Costa, known to me to be the person whose name is subscribed t o t he foregoing instrument and acknowledged to me that the same was the act of the City of Fort Worth for the purpose and consideration therein expressed and in the capacity therein stated. OFFICE this .>L 20�5. GIVEN UNDER MY HAND AND SEAL OF day of TRIMNYA L JOHNSON Nolauy OkOfic,Mole Ot Texas --F-7771c- as rm My Cornmiss�or�ExpRes Notary Public in and for "u mm®mmmmm� Apfil 17, 2018 The State of Texas STATE OF § COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of onthisday personally appeared Jerre Tracy, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of Historic Fort Worth, Inc., fort a purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this`day of 20," . M"CAN*cwmly Cmivftion ExWo Notary Public in and for 2 The state of ....... ...... ......................... OFI�ICIAL R�!111K'FOR��) CITY SEA REURY Toiling Agreement wfth HIstork Fort Worth,Inc, !T. WORTH9 TX 3 of 3 .11-1111.............."I',"",.......................................n