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HomeMy WebLinkAboutContract 48414-CA1 Page 1 of 4 STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § CITY SECRETARY CONTRACTNO. tiG �o� ASSIGNMENT OF ENCROACHMENT AGREEMENT [City Secretary Contract No.`lq I WHEREAS, on the- day of ©tX . , 20the City of Fort Worth, acting by and through its duly authorized Planning and Development Department Director, hereinafter referred to as the "City," entered into an Encroachment Agreement with Shine Express Car Wash, acting by and through its duly authorized owner (title), hereinafter referred to as "Grantee," Owner of the property located at 3021 Townsend Dr, Fort Worth, TX 76110 ("Property"); WHEREAS, a copy of the Encroachment Agreement ("Agreement") is attached hereto as Exhibit "A" and incorporated herein by reference as if set forth in full; WHEREAS, the current Grantee under the Agreement, Hamilton Chon "Assignor," desires to assign the Agreement to Cheol Min Park, "Assignee": NOW, THEREFORE, the City of Fort Worth does hereby consent to the assignment of the Agreement from Assignor to Assignee. As consideration for the Assignment of the Agreement, Assignee hereby expressly accepts and assumes all obligations and liabilities of Assignor under the terms of the Agreement and agrees to be bound by all the terms, provisions and covenants therein OFFICIAL RECORD CITY SECRETARY Encroachment Assignment Agreement FT.WORTH,TX Revised 09.06.2018 JLE Page 2 of 4 APPROVED AS TO FORM AND OR: ity of Fort W h r Fr:ar TTV- Assistant City Attorney andle H ood, Direc or Planning aW Development ASSIGNOR: ASSIGNEE: By: _ �' By: ,H)t rw tTb N By: � - PWL �F0R'r ATTEST: U City Secretary �c [No M&C Required] ..-7FXP5 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. 4ct�� --� M�L� fv6e S. Morales Development Manager Encroachment Assignment Agreement OFFICIAL RECORD Revised 09.06.2018 ME CITY SECRETARY FT,WORTH, TX Page 3 of 4 STATE OF TEXAS § COUNTY OF TARRANT § ASS GNOR- BEFORE ME, the undersigned authority, on this day personally appeared pawlil "0t, C�Vr) , known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of (aP-(ta j (SMP LLQ for the purposes and consideration therein expressed. Given under my hand and seal of office this the th day of PATRICK L E E Notary Public, State of Texas Notary Public in and for �N�••' `•CPQ Comm. Expires 08-25-2021 The State of TEXAS Notary ID 131260669 STATE OF TEXAS § COUNTY OF TARRANT § ASS GNEE: BEFORE , the undersigned authority, on this day personally appeared _�1eo l � tl ?'L , known to me to be the person and officer whose name is subscribed to the foregoing instnunent, and acknowledged to me that he executed the same as the act and deed of `3021pwn L L-�- , for the purposes and consideration therein expressed. / Given under my hand and seal of office this the C'� t� day of 01-� b�r , 20 I '� - PATRICK LEE V PU6 i� _i::• %' Notary Public, State of Texas Comm. Expires 08-25-2021 9TH'••'F1' Notary Public in and for Notary ID 131260669 The State of TEXAS 0 ' 1 ' 1WITH a Encroachment Assignment Agreement Revised 09.06.2018 ME Page 4 of 4 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared City of Fort Worth Planning and Development Director, Randle Harwood, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County,Texas,for the purposes and consideration therein expressed. LL Given �under my Oand and seal of office this the �7'r ay of iu)'1 _ - - — qNotPubli and fo JENNIFER LOUISE EZERNACKtate of XAS Zr ' :Notary Public, State of Texas Comm. Expires 03-01-2020 Notary ID 130561630 Encroachment Assignment Agreement Revised 09.06.2018 JLE CITY SEMURY 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 ("Ci r"), 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 cratered into an Encroachment Agreement, City Secretary Contract No. 44734 (the "Encroachment Agreemen ") with Assignor,the owner of certain real property more particularly described in the attached Legal Description (the "Pro a ") 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 ;,)�3 d l� ,' ,' z Page 1 of6 Right of Way Encroachment Agreement N l Rev 03/2015 1" 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 Assipurnor- Shine Express 1II, 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 CSC 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 Assignment Page 3 of 6 Right of Way Encroachment Agreement Rev 03/2015 ASSIGNOR: ASSIGNEE: He r-*n Ventures Chonsky Capital Croup LLC dba Shine Express Carwash Name:Mark Tidonga Nanie: Hamilto ' e Chon Title: 0,p1r,'sR Title: STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me bye?,RX 7 i;it ,='A , as the v l i>° of -a-AV�eykm a - = ,on behalf of said corporation. Nota46 Public,State of Texas [NOTARIAL SEAL] j'" VIRGINIA K,GORMAN � •= My Notary ID#11791536 •, 4�;�*" Expires November 10,2019 STATE OF TEXAS 3 COUNTY OF TARRANT § This instrument was ack towledged before me :t9w�-cpas the of<;, .�, ;. a Texas non-profit corporation,on behalf of said corporation. -Notaify Public,State of Texas [NOTARIAL.SEAL] ,+ ;�..•••-�;; VIRGINIA GGRMAN My Notary ID#11791536 ;Zi. ,e' Expires November 10,2019 CSC No. Consent to Assignment Page 4 of G Right of Way Encroachment Agreement Rev 03/2015 APPROVED AS TO FORM AND pdleHarwo RT W RTH LEGALITY: Assistant ty Attorney for Planning anArne tDepartment 1 Date: Cky S�cretta�y% �,��' °°$0 [No M&C equired] $ 0 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on ' 20 y Randle Harwood, as the Director of the Planning and Deveiopmen partment of t City of Fort Worth, a Texas municipal corporation on behalf of the City of Fort or 11. 'NZGary Public.State of Texas [NOTARIAL SEAL] r rayl, Alf!!i '17y SF RT CSC No. Consent to Assignment Page 5 of6 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 03/20 15 Secretary of State Filed in the Office of the P.O. Box 13697 gwSecretary of State of Texas Austin, TX 78711-3697 Filing #: 803019383 05/17/2018 FAX: 512/463-5709 Document#: 813871560002 Certificate of Formation Image Generated Electronically Filing Fee $300 Limited Liability Company for Web Filing Article 1 -Entity Name and Type The filing entity being formed is a limited liability company. The name of the entity is: 3021 TOWNSEND LLC Article 2— Registered Agent and Registered Office I—A. The initial registered agent is an organization (cannot be company named above) by the name of: OR rv-1B. The initial registered agent is an individual resident of the state whose name is set forth below: Name: CHEOL MIN PARK C. The business address of the registered agent and the registered office address is: Street Address: 401 RED CASTLE DR. LEWISVILLE TX 75056 Consent of Registered Agent r—A. A copy of the consent of registered agent is attached. OR 1-r B. The consent of the registered agent is maintained by the entity. Article 3 -Governing Authority I—A. The limited liability company is to be managed by managers. OR ry B. The limited liability company will not have managers. Management of the company is reserved to the members. The names and addresses of the governing persons are set forth below: Managing Member 1 HONG SIK KIM Title: Managing Member Address. 1220 SIOUX ST. CARROLLTON TX, USA 75010 Managing Member 2. CH EOL MIN PARK Title: Managing Member Address. 401 RED CASTLE DR. LEWISVILLE TX, USA 75056 Article 4 - Purpose The purpose for which the company is organized is for the transaction of any and all lawful business for which limited liability companies may be organized under the Texas Business Organizations Code. Supplemental [The attached addendum,if any,m incorporated herein by reference.} Organizer The name and address of the organizer are set forth below. CHEOL MIN PARK 401 RED CASTLE DR. LEWISVILLE TX 75058 Effectiveness of Him f+V A. This document becomes effective when the document is filed by the secretary of state. OR rB. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its signing. The delayed effective date is: Execution The undersigned affirms that the person designated as registered agent has consented to the appointment. The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of law governing the entity to exeCLIW the filing instrument. CHEOL MIN PARK Signature of Organizer FILING OFFICE COPY