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Home My WebLink AboutContract 41991-A1 (2)CITY SECRETARY CONTRACT NO. 41aC1AL AMENDMENT TO CITY SECRETARY CONTRACT NO.41991 ENCROACHMENT AGREEMENT This AMENDMENT TO CITY SECRETARY CONTRACT NO.41991, 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 or duly designated Assistant City Manager, hereinafter referred to as the "City," and SUNDANCE WEST PARTNERS, L.P., acting herein by and through its duly authorized representative hereinafter referred to as "Sundance West". RECITALS WHEREAS, the City of Fort Worth ("City") and Sundance West Partners, L.P. ("Sundance West") made and entered into City Secretary Contract No. 41991 (the "Agreement") authorized by City on July 14, 2011 to authorize the use of a sidewalk for a sign, awnings, planters, tree grates, railings and entry/exit gates (collectively the "Improvements") located at 415 Throckmorton Street, Fort Worth, Texas; and WHEREAS, the Agreement contains a description of the Improvements and exhibits that depict the location of said Improvements; and WHEREAS, Sundance West has requested an amendment to the Agreement to include a meter box as an encroaching Improvement and the City staff has no objection to the request; and WHEREAS, it advisable to execute this Amendment to the Agreement to revise Section One to include the meter box as an Improvement and revise the ex_ ibit in the Agreement to depict the inclusion of the meter and the other aforementioned Improvements that are to be located in encroachment area. NOW THEREFORE, City and Sundance West, acting herein by and through their duly authorized representatives, enter into the following that amends the Agreement: Amendment to CSC No. 41991 Encroachment Agreement (415 Throckmorton) -1- 27-1 1 AO OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1. Section 1 is amended to read as follows: "For and in consideration of the payment by Grantee of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee permission to construct/ install and/or allow to remain, Improvement(s) ("Improvement") that encroaches upon, uses and/or occupies portions of the space under, on and/or above the streets, alleys, easements, sidewalks and other public rights -of -way, such Improvement(s) are described as follows: Install Blade sign at the corner of Throckmorton Street and 4th Street; Replace awning canvas on existing awning frames; Remove three (3) raised planters and install three (3) five-foot square tree grates; Install thirty (30) inch high railing around patio areas with entry/exit gates; Install meter box i e„ �in,�na West `'�i any additional gal 13f,1fili�itlonwlth grease �Cind C 11L !, r r %. s t trap clean out connection and Install Handicap Access Button on pole at entry to space.) The location and description of said Improvements and the encroachments are more particularly described in Exhibit "A-1", attached hereto, incorporated herein and made a part hereof for all purposes." 2. Exhibit A is hereby replaced with Exhibit A-1 attached hereto and incorporated herein to the Agreement. 3. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect Amendment to CSC No. 41991 Encroachment Agreement (415 Throckmorton) -2- EXECUTED on this the i?) day of C)C1t*1 , 2011. CITY OFF 1 RT u ORTH: By: Ran %l e Harwoo Planning and Development Director Approved as to Form and Legality: Melinda Ramos Assistant City A a' me SUNDANC By: Johnn Preside T P T. ERS, L.P. pbell CEO Attested by: Marty Hendrix!, . it t ecretary NO M&C REQUIRE -,_ atc>..roffr 1/41145, *0000000000 y oAO %%IC)0 ,0 00 gi 0 po4o°° a.nire "taxvimigefrr Amendment to CSC No. 41991 Encroachment Agreement (415 Throckmorton) -3- OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 1 arwood, 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 aAngs-CA--- 2011. IRMA SAENZ Notary Public, State of Texas My Commission Expires January 28, 2012 STATE OF TEXAS COUNTY OF TARRANT § Notary Public, State of Texas BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Johnny K. Campbell, of SUNDANCE WEST PARTNERS, I.P., 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 SUNDANCE WEST PARTNERS, L.P., and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ‘‘ t -m day of � , 2011. GRACE OWENS NOTARY PUBUC UC STATE OF TEXAS r :!DEL' Cori H 1 01.:i- `3 F ‘, ---..,__\ k ckt,‘ IL% k_ a Notary Public, State of Texas Amendment to CSC No. 41991 Encroachment Agreement (415 Throckmorton) 4- ,LQAkifa- OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 4TH 0 EXISTG. ACCESS & RELOCATED THROCKMORTON STREET VENT NEW TREE WITH 5' EXISTG. ACORN RELOCATED GRATE LIGHT POLE RELOCATED SQ. GRATE 8" FROM TRASH BARREL B.O.C. EXISTG. TRAFFIC SIGNAL POLE EXISTG. VENT EXISTG. FIRE — HYDRANT EXISTG. RAMP 5' 10' RE -CLAD CANVAS AWNING ABOVE 20' NEW AIR SHAFT (SHOWN DASHED) NEW TREE WITH 5' SQ. GRATE 8" FROM B.O.C. EXISTG. ARCHITECTURAL MARQUEE ABOVE BIKE RAC\ I H.C. ACCESS BUTTON I II L_ 40' ° L i v e rs FK& Foods 415 Throckmorton, Fort Worth, Texas 76102 EXISTG. WATER NEW 30" HIGH METER VAULT ' WROUGHT -IRON ENCLOSURE NEW GREASE- ' EXISTG. GRATE TRAP CLEANOUT LOCATION BIKE RACK NEW TREE WITH 5' SQ. GRATE 8" FROM B.O.C. —BIKE RACK N ae.. - z+.ao 17 101) SITE PLAN 05 OCT. '11 SCALE: 1" = 10'-0" NOT FOR CONSTRUCTION FOR REVIEW PURPOSES ONLY RELOCATED EXISTG. ACORN LIGHT POLE EXISTG. TREE AND PLANTER RE CLAD CANVAS AWNING ABOVE FIRM817 architecture I design 2945 Lubbock Avenue Fort Worth, Texas 76109 817-921-2111