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HomeMy WebLinkAboutContract 53894-A2 Date Received: J u l 14, 2020 City Secretary Time Received: 8:48 AM Number: 53894-A2 SECOND AMENDMENT TO CITY SECRET ARY CONTRACT NO. 53894 TEMPORARY USE OF PUBLIC PROPERTY This SECOND AMENDMENT TO TEMPORARY USE OF PUBLIC PROPERTY AGREEMENT is entered into by and between the CITY OF FORT WORTH,a municipal corporation of the State of Texas located within Tarrant,Johnson,Denton,Parker and Wise Counties,Texas (hereinafter referred to as the "City")acting herein by and through its duly authorized City Manager or duly designated Assistant City Manager,and Brazos Restoration& Waterproofing, Inc. an Texas corporation(hereinafter referred to as "Company") acting herein by and through its duly authorized representatives. RECITALS WHEREAS,the City of Fort Worth("City")and Company made and entered into City Secretary Contract No. 53894(the"Agreement")to authorize a temporary encroachment of the streets, alleys, sidewalks or other public rights-of-way adjacent to; and WHEREAS,the term of the Agreement was for 30 days,from 05/11/2020 to 06/09/2020; and WHEREAS,the City of Fort Worth("City")and Company made and entered into City Secretary Contract No. 53894-A1 to authorize a temporary encroachment of the streets,alleys, sidewalks or other public rights-of-way adjacent to; and to extend the term of the Agreement for 30 additional days from 06/10/2020 to 07/09/2020; and WHEREAS, it advisable to execute this amendment to the Agreement to revise the term of the encroachment to an additional 30 days, from 07/10/2020 to 08/08/2020 and to assess additional fees for the temporary encroachment of the public rights-of-way. NOW THEREFORE,City and Company, acting herein by and through their duly authorized representatives,enters into the following that amends the Agreement: 1. Section 4 is hereby amended to provide for the assessment to the Company(a.k.a. "Grantee")of additional fees for the temporary encroachment of the right-of-way due to the extension of the term,to read as follows: 4. Grantee agrees to pay in advance an encroachment fee for the temporary privilege of encroaching upon a portion of the public rights-of-way as described in Exhibit'B". Said fee is calculated in the manner and amounts prescribed by the Building Code of the City of Fort Worth for temporary use or occupancy of public property. The estimated total of said•fee is-$6.05Z - OFFICIAL RECORD CSC No. 53894 -Temporary Use Public Property CI1MCARY FT WORTH,TX 2. Section 6 of the agreement is hereby amended extend the term to allow for the temporary encroachment by the Company(a k.a. "Grantee")of the public right-of way,to read as follows: 6.The term of this agreement shall be for 10 days,from 7/10/2020 to 8/08/2020. Provided,however, should the need for the encroachments granted hereunder at any time cease, Grantee agrees to immediately notify the City of such condition; and,upon receipt of such notice by the Building Official of the City of Fort Worth,this agreement shall terminate. 3. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. EXECUTED on this the 9th day of J U LY 20 20 COMPANY/GRANTEE Brazos Restoration&Waterproofing, Inc. a Texas corporation by:, Walter F.Johnston President fOFFICIAL RECORD TY SECRETARY T. WORTH,TX CSC No. 53894-Temporary Use Public Property Page 2 of 5 STATE OF TEXAS § 0ti � § COUNTY OF qq § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Walter F. Johnstonown to me to be t�e 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 President ,and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2nd day of July ,2020 r+� CHRISTA WILLIAMS — ��'' Notary Pub f 1 State of Texas ID#1045223-5 � C lic comm Expires 03/24/2024 Notary Public, State of Texas CSC No. 53894-Temporary Use Public Property Page 3 of 5 f: r CITY OF FORT WORTH: ATTEST: li son Gray(Jui a r Alli02016:08 CDT) Allison Gray, Building Official Mary Kayser, City Secretary Development Services Department City Secretary's Office Date: Jul 9, 2929 Date: J u 113, 2020 APPROVED AS TO FORM AND LEGALITY: Melinda Ramos(Jul 13,2020 14:44 CDT) Melinda Ramos, Sr. Asst. City Attorney Sect. Chief City Attorney's Office Date: J u 113, 2020 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. 0.Rocheli Thompson(Jul9,202 16:03 CDT) Rochell Thompson, Customer Service Manager, CPT Development Services Department ® This form is N/A as No City Finds are associated with this Contract D. RoCAWZ z6owAoaA, 0.Rochell Thompson(Jut 9,202(f16:03 CDT) OFFICIAL RECORD CSC No. 53894-Temporary Use Public Property Ct�tg� TARY 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 Allison Gray,Building Official,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 13th day of July 22020 signedLAURIE LAURIE PEQUENO LEWIS Date:1ly 2020.07.13y14:2838 0500'ENOLEWIS Notary Public, State of Texas LAURIE PEQUENO LEWIS Notary Public O* STATE OF TEXAS 9r"i oFP Notary I.D.132278952 My Comm.Exp.Dec.10,2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX CSC No. 53894-Temporary Use Public Property