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HomeMy WebLinkAboutContract 45656-A1 6� agYoy ay .,77j� CITY SECRETARY L RECEIVED � AUG 2 32011 � FIRST AMENDMENT CONTRACT N0., a TO CITY SECRETARY CONTRACT NO.45656 CIN OF FORT WORTH ti CIN SECRETARY CO ENCROACHMENT AGREEMENT t T s FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 45656 NCROACHMENT 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 CLEARFORK MFI, LP, 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. 45656 on June 9, 2014, (the "Agreement") to authorize the use of a portion of City's public pedestrian access easement for the purpose of constructing, maintaining, modifying and replacing various facilities such as benches, trash cans, door swings, architectural columns,bollards,light poles and other similar improvements ; and WHEREAS, the parties wish to amend the Agreement to add additional encroachments; and WHEREAS,it is the mutual desire of City and Licensee to execute this Amendment to the Agreement to add additional pages to the exhibit in the Agreement to depict the additional encroachment area as described in Exhibit A-1 attached hereto: NOW THEREFORE, City and Licensee, acting herein by and through their duly authorized representatives, enter into the following that amends the Agreement: 1' OFFICIAL RECORD First Amendment to CSC No.45656 CITY SECRETARY Page 1 of 4 Clearfork MF I,LP FM WORTH,TX Exhibit A-1 is hereby attached hereto and incorporated herein to the Agreement, consisting of a description of the additional encroaching improvements and the term "Encroachment" as used in the Agreement will also include the additional encroachment shown on attached Exhibit A-1. 2. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. EXECUTED on this the 14 day of4 , 2017. CITY OF FOR WORTH: a andle H od Director,Department of Planning and Development Approved as to Form and Legality: F O R TAttested by: of Paige Wbane * M Xyser Assistant City Attorney * City ecretary ,1'E7CP5 CLEARFORK MF1,LP, EN7om&cRL7QlJ1REDA Texas limited partnership By: Clearfork MFl GP, LLC, A Texas limited liability company Its Gen34 Partner 2 OFFICIAL RECORD By. CITY SECRETARY Print e: P otheral FT.WORTH,TX First Amendment to CSC No.45656 Page 2 of 4 Clearfork MF I,LP Title: Manager 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 2017. eJ.C.MtCARTW Noury PUWC.stm of� r ,' Notaublic, State of Texas Com,�s 064a-2019 MoMV ID 47100; OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX First Amendment to CSC No.45656 Page 3 of 4 Clearfork MF I,LP 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 Paxton Motheral, 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 Clearfork MF I, LP, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisA�Jflay of hda 5i 2017. Notary Public, Stat of Texas Emily Dotson �otvs�v vu`�Uc Notary Public * State of Texas 1D#13076664-2 9rEOF1 My Commission E=xpires August 5,2020 First Amendment to CSC No.45656 Page 4 of 4 Clearfork MF 1,LP s Z Y .I I CRS R N I N 17 M t � LL W 3 4 Z 2 Z Z J 00 fa L KS - Y C O e�ocK Nw—� GAG AVENUEIf Q. Li 12.0' PPA �a "� I � I6.0' o z w w �� w I- 10.0' ONCOR I W I l r 12.0' PPA � 4.4' Q r �4 � 12.1' W II - QQY2 WUce� m Fil w w~ + I I I LL O O m I I I I O O Z0 H LL, a a N 10.0 ONCOR I I Ln LU V I I 8.0' PPA I J I 62.0' I II j 19.0' \ 12.0PPA 9.4' e�oac TRAILHEAD BEND WAY u ! 1 LU m +' // w 1 �V) v z w Contract Compliance 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. Janie S. Morales Development Manager OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX