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HomeMy WebLinkAboutContract 42792-A1CITY SECRETARY ip7.-16 Z AMENDMENT CONTRACT NO. e TO CITY SECRETARY CONTRACT NO.42792 ENCROACHMENT AGREEMENT This AMENDMENT TO CITY SECRETARY CONTRACT NO.42792, 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 COOK CHILDREN'S HEALTH CARE SYSTEM, acting herein by and through its duly authorized representative hereinafter referred to as "Cook Children's". RECITALS WHEREAS, the City of Fort Worth ("City") and Cook Children's Health Care System ("Cook Children's") made and entered into City Secretary Contract No. 42792 (the "Agreement") authorized by the City Council on January 10, 2012 (M&C C-25397) to authorize the use of Cooper Street right-of-way between Seventh Avenue and Eighth Avenue for the installation of data and communication conduit (collectively the "Improvements") located at 801 Seventh Avenue, Fort Worth, Texas; and WHEREAS, the Agreement contains a description of the Improvements and exhibits that depict the location of said Improvements; and WHEREAS, Cook Children's has requested an amendment to the Agreement to include a pull 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 pull box as an Improvement and revise the exhibits in the Agreement to depict the inclusion of the pull box and the other aforementioned Improvements that are to be located in encroachment area. NOW THEREFORE, City and Cook Children's, acting herein by and through their duly authorized representatives, enter into the following that amends the Agreement: Amendment to CSC No. 42792 Encroachment Agreement (801 Seventh Avenue) —1— FFICIAL RECORD CI TY SECRETARY FT. ORTr'9 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: The installation of 4-4" PVC conduit for data communications inclusive of a pull box. The location and description of said Improvements and the encroachments are more particularly described in Exhibit "A" and Exhibit "A-1", attached hereto, incorporated herein and made a part hereof for all purposes." 2. Exhibit A is hereby supplemented 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 EXECUTED on this the day of , 2012. CITY OF FORT WORTH: Amendment to CSC No. 42792 Encroachment Agreement (801 Seventh Avenue) -2- 9 / et_ By: Randl ialialevood f 4 Planning and Development Director Approved as to Form and Legality: By) Melinda Ramos Assistant City Attorney COO CHILDREN'S HEALTH CARE SYSTEM By: /%/t ig% livrerdat edtrao•wavatis_ .699 otoff°9474N ° oo � Attesteclby: v�°,�, o� 8,4 0 asel •. a/ )4" 410 04 1 Mary J. se 0 # 4A4fite George B. Montague Vice President -Real Estate STATE OF TEXAS COUNTY OF TARRANT OFFICIAL RECORD CITY SECRETARY Ft WO TH' TX 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 CYLcv1/4--n ,2012. 0 l+••• es as hi :PPS Ora, IRMA SAENZ Notary Public 3 STATE OF TEXAS My Comm. Exp. Jan. 28, 201 G i . . r •, _. .::i. .3 Notary Public, State of Texa( Amendment to CSC No. 42792 Encroachment Agreement (801 Seventh Avenue) -3- rI0 M&C REQUIRED 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 George B. Montague, of COOK CHILDREN'S HEALTH CARE SYSTEM, 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 COOK CHILDREN'S HEALTHCARE SYSTEM, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I r day of , 2012. ila r i .n ix i o evt) Notary Public, St (� e of Texas Amendment to CSC No. 42792 Encroachment Agreement (801 Seventh Avenue) -4- IN" PARt 0 \ PRCCOCI7ON y€flmua\26011KKA1421 HC .410WKWSV;Or wars\Ennrw AMWE UTvMrre CON NT (LAN 4 mcaE - Er..+:er eons + 617.72 620.97 0 U 6-`d 119IHX3 9,1IfQNOJ Uch j"jrt- 4+35.26^G0NOtAT WEIEV-,6l54 O SVIES61) _, etas,:, IUT EEEV'= 616.54':.::' _. RN EIEV = 62270 m th o 6 3o ITS, ONvIS, 1/naNOJ Y� 0 on N 0 min O C m u i c m SOUTH ND AVENUE a PAR IP eoeg tq4 A B as eViPw as ;a c��