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HomeMy WebLinkAboutContract 47019-A1 CITY SECRETARY FIRST AMENDMENT CONTRACT NO.TO CITY SECRETARY CONTRACT NO. 47019 -a o ENCROACHMENT AGREEMENT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 47019, ENCROACHMENT 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 Planning and Development Director, hereinafter referred to as the "City," and Spelunker Properties VI, LLC, a Texas limited liability company, acting herein by and through its duly authorized representative, hereinafter referred to as "Licensee". RECITALS WHEREAS, the City of Fort Worth ("City") and Licensee made and entered into City Secretary Contract No. 47019 on September 18, 2015 (the "Agreement") to authorize the use of a portion of City's 35 foot wide slope easement for the purpose of constructing 183.83 LF of retaining wall, 16 parking stalls and 85 LF sidewalk-to be utilized by Lot 4 Blk 1; and WHEREAS,the parties wish to amend the Agreement to add carports and parking canopies noted on attached,revised exhibits 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; NOW THEREFORE, City and Licensee, acting herein by and through their duly authorized representatives, enter into the following that amends the Agreement: 1. Exhibit A-1 is hereby attached hereto and incorporated herein to the Agreement, consisting of a revised description of the encroaching improvements. First Amendment to CSC No.47019 Page 1 o 3 Spelunker Properties VI, LLC FFT- V oAL RECWD y T SECRETARY W®RTH,TX 2. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. EXECUTED on this the day of 32016. a FOR WORTH: r Randle H o0 Director,Department o Tanning and Development Approved as to Form and Legality: Attested by: ry VU Lai k Pa-ige-M-Tbane J. se Assistant City Attorney ORT ary ®� °o°ovo QOO o� o° 0 Spelunker Properties VI, LLC: 0 8� qq �°gg� 000D00 00 By: --,-fir ty l"E��`'LAV Printed Name:fYr. Timothy Ritter Title: President First Amendment to CSC No.47019 - Page 2 of 3 Spelunker Properties VI,LLC OFFICIAL RECORD CITY SECRETARY l,n-WORTH,TX ENO M&C REQUIRED — _ 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 Randle Harwood, 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 day of CASSANDRA F. FOREMAN :'fav►U p� IK•,'f' age c Notary Pub11c,State of My commission axWe64U�k 10 April 26, 2017 Notary Public, State of Texas 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 Dr. Timothy Ritter, President, 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 Spelunker Properties VI, LLC, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this5`-1 day of2016 CHRISTIN PEVETO `J4,�tY :0. -%Is_Notary Public,State of Texas Comm. Expires 03-22-2020 - '4a4,,,, Notary ID 130592401 Notary Public, State of Texas First Amendment to CSC No.47019 Page 3 of 3 Spelunker Properties VI, LLC 4' SIDEWALK ENCROACHMENT AREA 85 L.F. PROPOSED ENCROACHMENT AREA 9' 0 4SIDEWALK 16 PROPOSED PARKING STALLS I W Iw 35' SLO .'P4 EASEME I , ( I ' � ham, 9' I � � LOT 4 �I E AMENDING AGREEMENT WITH A CANOPY. NO 02��'t•c o ADDITIONAL SURFACE O P' AREA REQUIRED o I I ° ENCROACHMENT AREA ( 183.83 L.F. OF PROPOSED , RETAINING WALL 25 9, 35' SLO EASEMENT CITY OF WORTH , INST. NO. D 12271300 Hl' 0 .C.T. f I "LOT 5 { EXHIBIT 'A' AMMENDED EASEMENT ENCROACHMENT LICENSE AGREEMENT ALLIANCE MEDICAL BUILDING PRINTED 1 7/21/2016 STB FILE i WIER-PAVING.STB FILE i ENCROACHMENT AGREEMENT-REV-I.DWG LAST SAVED 1 7/21/2016 9 124 AM SAVED BY i JAKEF 30 6b W.A. NO. 14120 MY11 WIER & ASSOCIATES, INC.