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HomeMy WebLinkAboutContract 41533-A1 (2)CITY SECRETARY CONTRACT NO. 1-I i 53- A I AMENDMENT TO CITY SECRETARY CONTRACT NO. 41533 ENCROACHMENT AGREEMENT This AMENDMENT TO CITY SECRETARY CONTRACT NO.41533, 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 or Director, hereinafter referred to as the "City," and LAKE COUNTRY PROPERTY OWNERS ASSOCIATION, acting herein by and through its duly authorized representative hereinafter referred to as "LCPOA". RECITALS WHEREAS, the City of Fort Worth ("City") and Lake Country Property Owners Association ("LCPOA") made and entered into City Secretary Contract No. 41533 (the "Agreement") on March 7, 2011 to authorize the use of the right-of-way for the construction of a stonewall, fountain feature, filter/pump equipment, watering system, electrical system and other improvements to be located in public right of way; and WHEREAS, the Agreement contains an address identifying the location of the encroachment; and WHEREAS, the address incorrectly identifies the location of the encroachment; and WHEREAS, it advisable to execute this Amendment to the Agreement to revise the location of the encroachments and to provide a notification clause. NOW THEREFORE, City and LCPOA acting herein by and through their duly authorized representatives enter into the following that amends the Agreement: 1. Paragraph 1 is amended to read as follows: For and in consideration of the payment of the Grantee of the fee set out below and the true and faithful performance of mutual covenants herein contained, City hereby grants to Grantee permission to construct/install and/or allow to remain, Improvements ("Improvements") that encroaches upon, uses and/or occupies portions of the space under, on and/or above the streets, OFFICIAL RECORD CITY SECRETARY PT. ifilORTH TX 1 alleys, sidewalks and other public rights -of -way, such Improvements are described as follows: Grass, plants, trees, landscaping, stonewall, foundation feature and filter/pump equipment, watering system and electrical system Said Improvements are located at the intersection of Boat Club Road and Lake Country Drive and are more particularly described in Exhibit "A", attached hereto, incorporated herein and made a part hereof for all purposes. 2. Paragraph 21 is hereby added to the Agreement to read as follows: 21. Any notice, demand, request or other communication hereunder given or made by either party to the other shall be in writing and shall be deemed to be delivered whether actually received or not, when deposited in the United States mail, postage prepaid, certified or registered mail, return receipt requested, addressed to the parties hereto at the respective addresses set out below, or at such other address as they may hereafter specify by written notice so given. a. If to City: Director of Planning and Development City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 b. If to the LCPOA: Robert W. Lynch 8551 Boat Club Road, Ste 121 PMB 110 Fort Worth, Texas 76179 EXECUTED on this the CITY OF FO T WORTH: AIP andle Ha / ood Director, Planning and Development day of Approved as to Form and Legality: Attested by: (PYY11- Melinda Ramos AssistantCity Attoi ney FFIC1AL RECORD CITY $ ©REAR o OkTNIT 144 111_16kl ,2011. Marty H�ndH*, CLt Secretary NO M.0 REQUUU!D _2 LAKE COUNTRY PROPERTY OWNERS ASSOCIATION By: Printed Name: efrig ‘Lentni4 Title: � _ , i 1P/42, Ld (.jJ / STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersig ed authority, a Notary Public in and for the State of Texas, on this day personally appeared fifLk(ijwkt4own 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. a/i GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2011. • IRMA SAENZ Awy+• _ Notary Public, State of Texas 2‘▪ • My Commission Expires '-'4j•• • �t} January STATE OF TEXAS COUNTY OF TARRANT Notary Public, State of Texas BEFORE ME, the undersigned authority, a Not Texas, on this day personally pp ersonall appeared ��h AJ L of LAKE COUNTRY PROPERTY OWNERS ASSOCIATION, 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 LAKE COUNTRY PROPERTY OWNERS ASSOCIATION, and in the capacity therein stated. ▪ I I • „RYP�/, `,`` _, • gab is • _. r e�;q 'teilt • •''nr AS‘ Navernbor 25, 2012 • GIVEN UNDER MY HAND AND SEAL OF OFFICE this % ,2011. CONNIE BRYANT Notary Public, State of Texas My CbrornMsion Expires - T . . J I. 1'� • ci • . fy Ppblic�State of Texs �IA� RE ORD -.3CITY SECRETARY fl WORTHS TX Public in and for the State of day of "1