HomeMy WebLinkAboutContract 44791-T1A1Date Received: 04/O1/2021 City Secretary
Time Received: 4:58 pm Number: 44791-T1A1
CORRECTION TERMINATION OF ENCROACHMENT LICENSE AGREEMENT
This Correction Terf�zi�zc�tion of Encroczchineszt License Agreemeiit is m��le as a correction
te��mination in sLibstita�tion of the ter»zin�tio�z titled "Terminc�tion of' Encyoacl2�nent License
AgYeeinei�.t ("Origiizczl Tei•��zination') clated Mczi�ch S, 2021, filed foY recorcl ifz the O�ce of the
Count_y Clerk of Tc���rant Cozcjity, Tex�as o�z Mcz��ch 9, 2021 under Cler•k's File No. D221062170 in
tl2e Deed Records of Tc�r��ant Cozc�7ty, Texas to moYe accurc�tely clescribe t12e EncNoc�chment License
Agf�eerraent cznd to f�eflect tlaat sections 8 czfad 19 of the Enc��oachrnent License Agreeneent shall not
suf��ive tertnincztion.
OtheY than the cor�rections st�cted he��ein, this ter�nination is intended to J�estate in czll ��espects the
Originc�l Terfnination an�' tlae effective date of this COYl�ection terminntion relates bnclz to the
effective clate of the Original Ter•i�zination.
This TERMINATION OF ENCROACHMENT LICENSE AGREEMENT is made
and entered into by and between the CITY OF FORT WORTH ("City"), a Texas hoine rule
municipal corporation of Tanant County, Texas, acting herein by and through its duly authorized
City Manager, Assistant City Manager, or Development Services Department Director, and
Burnett Plaza LP ("Licensee"), a Texas lirnited partnership, f/k/a Behringer Harvard Burnett
Plaza LP, acting herein by and through its duly authorized representative.
RECITALS
WHEREAS, City and Licensee made and entered into City Secretary Contract No. 44791
(the "Agreeinent"), on Septeinber 16, 2013, to authorize Licensee's encroaclunent upon the City's
Public Right-of-Way for the purpose of exterior signage identifying the business location, said
Agreement being filed in the Deed Records of Tarrant County, Texas on September 24, 2013 under
Clerk's File No. D213250077; a�1d
WHEREAS, the parties now wish to tenninate the Agreement.
Revised 04/2020 JLE
�FFICIAL REC�RD
CITY SECRETARY
FT. WORTH, TX
NOW, TH�I2�FOR�, City �nd Licensee, acting hecein by and thcough their duly authorized
represen[�tives, enter into the folfowing agreement:
1.
The Agreement is heceby terminated efFective on Ma►•ch 3, 2021.
2.
The parties heceby agree that the requirements of Sections 8 and 19 of the Agreement shall
cease upon tecmination aild shall �Zot suivive tei-�nination of tlle Agreement.
City:
CITY OF FORT WORTH
By. ''�" -
DJ Harrell, Director
Liceiisee:
BURNETT PLAZA LP
B !' 1
y�
Name: Kennedy icks
Development Services Department
Date: 3-31-2021
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�t�g o=A Attested by:
P o o �
��� �� nEXA`'-�.00AAp
nao �'0�' �D�'IGILGi i�. .�70�'lTiGl'LP.f
�for Ronald P. Gonzales (Apr 1, 20211639 CDT)
Maiy Kayser, City Secretacy
City Sec►•etary's Office
Revised 04/20?0 JLE
Title: Executive Vice Pcesident, Investments
Date:
Approved As To Focm and Legality:
MaffG�ew Murrc�y
FWBC Sec. 3210
Matthew A. Murray, Assistant City Attorney
City Attorney's Office
�FFICIAL REC�RD
CITY SECRETARY
FT. WORTH, TX
Revised 04/2020 ILE
Contract Compliance Specialist:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and rep01iing requirements .
.tffl:Mifet: fzentac/4 w 6� cf Jennifer Ezernack on behalf of (Mar 29, 202114:43CD)
Janie S. Morales
Development Manager
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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 DJ Harrell, Director, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he 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 31st day of March , 20 _1_1
JENNIFER L. EZERNACK Notary Public
STATE OF TEXAS
Notary I.D. 130561630
My Comm. Exp. Mar. 1, 2024
STATE OF GEORGIA
COUNTY OF FULTON
§
§
§
Jennifer L
Ezernack
Digitally signed by Jennifer L
Ezernack
Date: 2021.04.01 11 :11 :07 -05'00'
Notary Public, State of Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Georgia, on this day personally appeared Kennedy Hicks, Executive Vice President,
Investments, 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 Burnett Plaza, LP, a Texas limited paiinership, and in the capacity
therein stated.
G[VEN UNDER MY HAND AND SEAL OF OFFICE thisoO day of rfla tel1\ ,20�.1
Revised 04/2020 JLE Page 4of 4