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HomeMy WebLinkAboutContract 36683-T1A1Date Received: 04/O1/2021 City Secretary Time Received: 4:58 PM Number: 36683-T1A1 CORRECTION TERMINATION OF ENCROACHMENT LICENSE AGREEMENT Tlzis Correction Termination of Encronchfnent License Agreement is naczde cts a co����ection tei^nzination i�z substitution of the terinincztion titled "Termination of Eizcf�oach�nent License AgYeement ("Of�igijzczl Terniitzc�tioiz') �lated Nlarch 5, 2021, filed for y�ecoYd in the Office of the Cotentv Clerk of Tctrrc�nt Cottnty, Texas on Mareh 9, 2021 z��zcler Clerk's File No. D22106Z169 in the Deecl Reco��ds of Tc�rrcc�it Couf�ty, Texas to more accZcrately clescribe the Encroccchment Licetise Agi�eerrtefzt and to r�eflect thczt sections 8 and 19 of the EiZcro�achment License Agreement slac�ll not szt�vive ternzinc�tion. Other than the coyr•ectiotZs stated he��ein, this teYmination is intended to Yestnte in all respects the Oi�iginc�l Termination and the effective date of this coy�f�ection terf�zinatio�i relates bacic to the effective dc�te of the OYiginnl Ternzination. This TERMINATION OF ENCROACHMENT LICENSE AGREEMENT is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule inunicipal corporation of Tarrant County, Texas, acting herein by and tluough its duly authorized City Manager, Assistant City Manager, or Developinent Services Departinent Director, and BURNEET PLAZA LP ("Licensee"), a Texas liinited partnership, successor-in-interest to Bank of Texas, acting herein by and through its duly authorized representative. RECITALS WHEREAS, City and Licensee made and entered into City Secretary Contract No. 36683 (the "AgreernenY'), on February 1, 2008, to authorize Licensee's encroachtnent upon the City's Public Right-of-Way for the purpose of installation of (1) set of 39"/14" reverse chaiulel letters and logo on east elevation, (4) sets of 14" channel letters with 40.25" logo to be installed on north, south and west elevation on Burnett Plaza and west elevation of parking garage, installation of (1) set of 34.5"/12" reverse channel letters to be installed on concrete monument, said Agreement being filed in the Deed Records of Tanant County, Texas on Apri14, 2008 under Clerk's File No. D208121296; and WHEREAS, the parties now wish to terminate the Agreement. �FFICIAL REC�RD Revised 04/2020 .TLE CITY SECRETARY FT. WORTH, TX NOW, TI�R�F012�, City and Licensee, acting herein by and tllrough their duly authocized representatives, enter into the follo�ving agreement: The Agreement is heceby terminated effective on M�cch 3, 2021. 2. The parties hereby agree that the rec�uirements oF Sections 8 and 19 of the Agreement shall cease upon termination and shall not survive tlle ternlitlation of the Agceement. City: 1. Licensee: CITY OF FORT WORTH BURN�TT PLAZA LP B�: � ,DTi B�I. � J DJ Harrell, Directoc ' Nam • Kennedy cks Development Secvices Department Title: Executive Vice President, Investments Date: 3-31-2021 Date: Revised 04/2020 JLE Approved As To Form and Legality: Matthew Mu�ray FWBC Sec. 3210 Matthe�v A. Murray, Assistant City Attorney City Attorney's Office �FFICIAL REC�RD CITY SECRETARY FT. WORTH, TX Maiy Kayser, City Secretacy City Secretaiy's Office Contract Compliance Specialist: By signing I aclalowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all perfonnance and reporting requirements. �e��� �ze��cic � 6e�;a�f a% Janie S. Morales Development Manager Revised 04/2020 JLE Page 3of 4 STATE Or TEXAS CO UNTY OI' TARRANT BCFOIZE M�, the undersigned authority, a Notacy Public in and for the St�te of Texas, on this day pecsonally �ppeared DJ H�rrell, Director, lalown to me to be the person whose n�ine is subscribed to the foregoing iilstcument, and aclalowledged to me th�t he executed the slme for the purpases and coilsideration thecein ex�ressed, as the act and deed of the CITY OF FORT WORTH, and in the c�pacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE tllis 31st day oF March , 2021. Jennifer L o,�p,RY/'(ie, JENNIFER L. EZERNACK _ � Notary Public * � + STATE OF TEXAS NT G� Q Notary I.D. 130561630 9�F�F�+ My Comm. Exp. Mar. 1, 2024 STATC OP GEORGIA COUNTY OF FULTON Ezernack Digitally signed by Jennifer L Ezernack Date: 2021.04.01 11:03:11 -05'00' Notary Public, State oFTeYas BEFORE ME, the undersigned authority, � Notary Public in and for the State of Georgia, on this d�y personally appeared Kennedy �Iicl{s, Executive Vice President, Investments, known to me to be tlle person whose iiame is subscribed to the focegoing instr�unetlt, and aclulowledged to me tllat he/she e�ecuted the same for the pur��oses and consideration therein eYpressec(, as the act and deed of Burnett Pl�za LP, a Texas limited partnership and successor-in- intecest to Banlc of Te;cas, in the capacity tllerein st�ted. GIVEN UNDER 1VIY HAND AND SEAL OF OrFICE thi�� d�y of �%��-�C..� , 2021. 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