HomeMy WebLinkAboutContract 43320-A1 CITY S
AMENDMENT CONTRACT NO9
TO CITY SECRETARY CONTRACT NO. 43320
ENCROACHMENT AGREEMENT
This AMENDMENT TO CITY SECRETARY CONTRACT NO. 43320,
ENCROACHMENT AGREEMENT is made and entered into by and between the CITY OF
FORT NORTH, a municipal corporation of Tarrant County, Texas, acting herein by and
through its duly authorized Assistant City Manager or duly designated Director, hereinafter
referred to as the "City," and TSC SOUTH MAIN, LLC, acting herein by and through its duly
authorized representative hereinafter referred to as "Grantee".
RECITALS
WHEREAS, the City of Fort Worth ("City") and Grantee made and entered into City
Secretary Contract No. 43320 (the "Agreement") on June 15, 2012 to authorize the use of public
right of way for existing improvements to remain, and for the construction of various improvements
to be located at 650 South Main, Fort Worth, Texas 76104; and
WHEREAS,the Agreement term is for a period of thirty years; and
WHEREAS, the Grantee has requested that the term be extended to provide for a renewal
period and the City not unreasonably deny the assignment of the Agreement; and
WHEREAS, it advisable to execute this Amendment to the Agreement to provide for the
renewal of the Agreement and assignment language.
NOW THEREFORE, City and Grantee, acting herein by and through their duly authorized
representatives, enter into the following that amends the Agreement:
L
Section 7 is hereby amended to read as follows:
The term of the Agreement shall be for thirty years, commencing on the date the
Agreement was executed by the City of Fort Worth. (June 15, 2012) Notwithstanding the
foregoing, if Grantee and/or its successors and/or assigns desire to continue with the Agreement,
the City of Fort Worth shall use reasonable efforts to enter into a renewal of the Agreement or
OFFICIAL RECORD
CITY SECRETARY
P 0 TX
FTe WORTH,
otherwise execute a new Consent to Encroachment Agreement to allow the encroachment
described therein to remain in its current location. Grantee and/or its successors and /or assigns
agree to pay the fee associated with encroachments that is in effect at that time and provide
evidence that the City's insurance requirements are being met.
2.
Section 18 is hereby amended to provide that consent to assignment shall not be
unreasonably denied to read as follows:
Grantee covenants and agrees that it will not assign all or any of its rights, privileges or
duties under this Agreement without the prior written approval of the City Manager or designee.
Said consent shall not be unreasonably denied. Any attempted assignment without prior written
approval will be void.
3.
All other provisions of the Agreement which are not expressly amended herein shall remain
in full force and effect.
EXECUTED on this thea2 4day of ,2012.
CITY OF FO TWO H:
.cro'O•,� OF
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A7ftesjW D y as Randle H ood *o o°O d
Director-Planning and Development
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Approved o Form and Legality: Mary J, KaOr, City °°000000°o ,d
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Melinda Ramos
Assistant City Attorney
TSC S H N, L C
By:
Printed Name: G. Phillip Poole
Title: Managing Member
OF RECORD
-2- CITY SECRETARY
F7'.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 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.
4- Ck
,'(,.,f1VEN UNDER MY HAND AND SEAL OF OFFICE this day of
92012.
IRMA SAENZ
ED
wary Public
STAVE OF TEXAS Notary Public, State of Texas
my Comm.Exp.Jan.23,2016?W9,9MI
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 G. Phillip Poole, of TSC SOUTH MAIN, LLC., 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 TSC SOUTH MAID, LLC, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /(a da y of
7
2012.
60"tl� C/
•
Notary Public, State of Texas
SARBIE L LEWIS
My Conn*jsian Expires
July 24,2015
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