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HomeMy WebLinkAboutContract 48414 l CITY SECRUARY a �r ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT City Secretary Contract No. 44734 THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is made and entered into as of this day of October, 2016, by and between the CITY OF FORT WORTH, a Texas home-rule municipal corporation ("City"), Shine Express III, Ltd, a Texas limited partnership, ("Assignor'), and Chonsky Capital Group, LLC dba Shine Express Carwash ("Assignee"). (Sometimes City, Assignor and Assignee are referred to individually as a"Party"and collectively as the"Parties"). WITNESSETH: WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract No. 44734 (the "Encroachment Agreement") with Assignor, the owner of certain real property more particularly described in the attached Legal Description (the "Property") located adjacent to or near the City's right-of-way on which the encroachments are located. The encroachments are more particularly described in the Encroachment Agreement and are sometimes called therein and herein the "Improvements"; WHEREAS, the Encroachment Agreement, filed on August 23, 2013 and recorded as Instrument No. D213223948 in the Real Property Records of Tarrant County, Texas, is attached hereto as Exhibit"A"and incorporated herein by reference as if set forth in full; WHEREAS, the description of the Improvements in the body of the Encroachment Agreement inadvertently did not include certain of the encroachments as shown on the survey plat of the Property; WHEREAS, Assignor has sold the Property to Assignee on April 22, 2015 as evidenced by a deed recorded as Instrument No. D215085780 in the Real Property Records of Tarrant County, Texas, and WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee. AGREEMENT: NOW,THEREFORE, for and in consideration of the above and foregoing premises and the mutual covenants, terms and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Assignor hereby assigns, transfers and conveys all rights and interests and delegates it duties and obligations under the Encroachment Agreement to Assignee. 2. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights, duties and obligations arising under the Encroachment Agreement. CSC No. Consent to Assignment OFFICIAL RS-COR ,ge I of 6 Right of Way Encroachment Agreementv 03/2015 CITY SECRETARI� FT. IIfTH,TX 3. Assignor has full right, power and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignor's obligations hereunder. Assignee has the full right, power and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignee's obligations hereunder. 4. The effective date of this Assignment shall be the date of its execution by the City (the "Effective Date"). All rights , duties and obligations under the Encroachment Agreement arising, accruing or relating to the period before the Effective Date are allocated to Assignor and all rights, duties and obligations arising, accruing or relating to the period thereafter shall be allocated to Assignee. 5. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all further obligations under the Encroachment Agreement as of the Effective Date. 6. Assignor represents, warrants and covenants with City and Assignee that as of the Effective Date, Assignor is not in default of any of its obligations contained in the Encroachment Agreement. 7. City hereby consents to this Assignment upon the terms and conditions set forth herein. Unless and until City has executed this Assignment, it is of no effect. The consent granted herein should not be construed as consent to any further assignment. The failure or delay of City in seeking to enforce any provision of the Encroachment Agreement or this Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 8. Any notice given by any Party to another Party must be in writing and shall be effective upon receipt when (i) sent by U.S. mail with property postage, certified mail return receipt requested or by a nationally recognized overnight delivery service, and (ii) addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. city Planning and Development Department 1000 Throckmorton Street !Fort Worth TX 76102 Attention; Director Assignor- Shine Express I11, Ltd, Mark Tinonga,2925 114th Street, Grand Prairie,Texas 75050 Assignee Chonsky Capital Group LLC, Hamilton Chon, 3023 S University Drive, Suite#225,Fort Worth,Texas 76109 GSC No. Consent to Assignment Page 2 of 6 Right of Way Encroachment Agreement Rev 03/2015 9. Except as herein otherwise provided, this Assignment will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 10. Assignee shall cause this Assignment to be filed of record at Assignee's expense in the Real Property Records for Tarrant County, Texas. 11. The Certificate of Insurance for the Assignor attached as Exhibit "B" to the Encroachment Agreement is hereby deleted and replaced with the attached Certificate of Insurance from the Assignee as Exhibit"B"Revised September/2016. 12. All terms and conditions of the Encroachment Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the Encroachment Agreement. 13. This Assignment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document which may be evidenced by one counterpart. [SIGNATURES APPEAR ON FOLLOWING PAGES] CSC No. Consent to Assigmnent Page 3 of 6 Right of Way Encroachment Agreement Rev 03/2015 ASSIGNOR: ASSIGNEE: yadea Heffdm Ventures Chonsky Capital Group LLC dba Shine Express Carwash a a /-,L e By: By: Name: Mark Ti onga Name: HamiltoXDee Chon Title: OWNX k Title: STATE OF TEXAS § COUNTY OF ��.I-/-Ltq f § This instrument was acknowledged before me byMARK 7'1NSUR , as the OWNER of Na dery Vea J-40 ,on behalf of said corporation. .-A. L. • Notaif Public, State of Texas [NOTARIAL SEAL] i� s;.; VIRGINIA K.GORMAN 1•° i My Notary ID#11791536 Expires November 10,2019 STATE OF TEXAS § COUNTY OF TARRANT § This inr mggnt was ack� owledged before me by�tl0.mi1jori Leeek as the OWN6f2 of b&je Chopis`did` w��&a` I exas non-profit corporation,on behalf of said corporation. Not y Public, State of Texas [NOTARIAL SEAL] y. VIRGINIA K.GORMAN My Notary ID#11791536 Expires November 10,2019 CSC No. Consent to Assignment Page 4 of 6 Right of Way Encroachment Agreement Rev 03/2015 APPROVED AS TO FORM AND Adarwo� T W RTH LEGALITY: Assistant 'ty Attorney for Planning and D e pme t Department ATT T: Date: y S& y - ,se°�° [No M&C equired] � a� ° STATE OF TEXAS § %a0000000 § COUNTY OF TARRANI' § This instrument was acknowledged before me on , 20 y Randle Harwood, as the Director of the Planning and Developmen partment of t City of Fort Worth, a Texas municipal corporation on behalf of the City of Fort or h. tary Public, State of Texas [NOTARIAL SEAL] _T iPFY PVB i� lstl.l:rli'r. .IAI� .z Not(m,Pu iexos nnv COM.",._, Hires ;.:ASi ANDRA F. FOREMAV =2 �= NIC":,rry Public.State of TP. :.: My COmmigtilon[:.C'j lit . "? litsE+` April 26.. 20 0 J MONN r1ALRCORD ETARDSECRWORTH,TX CSC No. Consent to Assignment Page 5 of 6 Right of Way Encroachment Agreement Rev 03/2015 LEGAL DESCRIPTION OF THE PROPERTY CSC No. Consent to Assignment Page 6 of 6 Right of Way Encroachment Agreement Rev 0312015 SHINE-3 OP ID: TA ,4co�zc� CERTIFICATE OF LIABILITY INSURANCE 7111/07/2016 YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Midlothian Insurance Agency NAME: Pat McCurley P.O.Box 390 (PA/C,No EXf;972-723-5120 FAX N.I: 972-723-1163 Midlothian, 76065 E-MAIL Pat McCurleySS:rgreenlee@midlothianinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Columbia Mutual Ins Co 40371 INSURED Shine Express Carwash INSURER B: Chonsky Capital Group, LLC DBA 3023 S University Dr S#225 INSURER C: Fort Worth,TX 76109 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL BR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE F OCCUR GRGTX0000094757 04/27/2016 04/27/2017 DAMA E To—RENTED 300 000 X Business Owners PREMISES Ea occurrence $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY❑PRO- F-1JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 A ANY AUTO GRGTX0000094757 04/27/2016 04/27/2017 BODILY INJURY(Per person) $ ALL OWNED SCTOS HEDULED AUTOS AUBODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS TOP UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION X STATUTE ETH AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N/A WCPTX0000011404 04/27/2016 04/27/2017 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Full Service Car Wash CERTIFICATE HOLDER CANCELLATION CITYF-6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. 4100 Columbus Trail Ft Worth,'fX 76133 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD