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HomeMy WebLinkAboutContract 47948-A1 CITY SECRETARY CONTRACT NO. a � C�voF pca�AavN a AMENDMENT c�N TO CITY SECRETARY CONTRACT NO.47948 Oj TORMWATER FACILITY MAINTENANCE AGREEMENT AMENDMENT TO CITY SECRETARY CONTRACT N0.47948, STORMWATER FACILITY MAINTENANCE 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 or duly designated Assistant City Manager, hereinafter referred to as the "City", and TXP Texas Star Express Car Wash, L.L.C. "Landowner", acting herein by and through its duly authorized representative Janet Lynam as Managing Member. RECITALS WHEREAS,the City of Fort Worth("City")and TXP Texas Star Express Car Wash,L.L.C. made and entered into City Secretary Contract No. 47948 (the "Agreement")to authorize the use of on-site stormwater management facilities (the "Facility") to be constructed and maintained on a portion of Landowner's property; and WHEREAS,the Agreement was recorded with the property records of the Tarrant County as document No.D216148999 which is one and the same as City Secretary Contract 47948. WHEREAS, the Agreement contains exhibit(s) "A" and "B" that depicts the location and design specifications of the Facility; and WHEREAS, it advisable to execute this Amendment to the Agreement to revise exhibit(s) "A" and `B" in the Agreement to depict changes location and design changes being added to the original agreement; and NOW THEREFORE, City and Landowner, acting herein by and through their duly authorized representatives,enter into the following that amends the Agreement: 1. Exhibit B is hereby replaced with Exhibit B-B attached hereto and incorporated herein t OFFICIAL RECORD CITY SECMARY FT.WORTH,TX the Agreement, consisting of a revised location description of the Facility. 2. Exhibit B-1 is hereby replaced with Exhibit B-1-B attached hereto and incorporated herein to the Agreement, consisting of revised design specifications of the Facility. 3. Exhibit B-2-13 is hereby attached and incorporated herein to the Agreement, consisting of revised design specifications of the Facility. 4. This Amendment shall be filed with the City Secretary as an amendment to the Agreement and also recorded among the land records of Tarrant County, Texas, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. 5. 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 U ►'� , 2017. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK CITY OF FORT WORTH: Jesus J Chapa ATTEST Assistant City Manager City Secretary Approved as to Form and Legality: I ICY -��� FORT Leann Guzman ` '•:�� Assistant City Attorney U STATE OF TEXAS § (pq$ § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Jesus J. Chapa, Assistant City 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 the CITY OF FORT WORTH, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2017. MARIA S SANCHEZ My Cr nmission Expires December 19.2017 No ary Public, State of Texas OFFICIAL RECORD CITY SECRETARY FT.WORTHS TX e TXP TEXAS STAR EXPRESS CAR WASH, L.L.C. v ByC Printe NN rme: anet ynam Title: Managing Member 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 Janet Lynam, Managing Member, 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 TXP Texas Star Car Wash, L.L.C., and in the capacity therein stated. 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