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HomeMy WebLinkAboutContract 49635-CA1 Date Received: 11/14/22 Record Number: PN22-00139 Time Received: 8:52 p.m. City Secretary Number: 49635-CAI ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT City Secretary Contract No. 49635 THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is made and entered into as of this 14th day of November , 20 22, by and between the CITY OF FORT WORTH, a Texas home-rule municipal corporation ("C "), Moonshot Ventures, LP, a Texas limited partnership("Assignor'), and Englander NWA-Metro, LLC, a Texas limited liability company ("Assignee"). Sometimes herein City, Assignor, or Assignee may also be referred to individually as a"Party" or collectively as the "Parties." WITNESSETH: WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract No. 49635 (the "Encroachment Agreement"), on the 19th day of September, 2017, with Assignor, the owner of certain real property more particularly described in the attached Legal Description (the "Pro a ") located adjacent to or near the City's right-of-way on which the encroachments are located. The encroachments are more particularly described in the Encroachment Agreement, attached hereto as "Exhibit A" and incorporated herein by reference for all purposes, and are referenced therein and herein as the "Improvements"; WHEREAS, the Encroachment Agreement was recorded the 19th day of September, 2017, as Instrument No. D217219279 in the Real Property Records of Tarrant County, Texas; WHEREAS, The Encroachment Agreement was Amended, City Secretary Contract No. 9635-A1, on the 281h day of, January, 2019, with Assignor the owner of certain real property to include an additional encroachment. WHEREAS, The Amended Encroachment Agreement was recorded the lst day of February, 2019, as Instrument No. D219020316 in the real property Records of Tarrant County, Texas; WHEREAS, Assignor desires to assign the Encroachment Agreement and Encroachment Agreement Amendment to Assignee. AGREEMENT: NOW, THEREFORE, for and in consideration of the above and foregoing premises and the mutual covenants, terms, and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: OFFICIAL RECORD FncroachmentAssignm CITY SECRETARYentAgreement Pagel of8 Pn22-00139 FT. WORTH, TX Rev04/2020 1. Assignor hereby assigns, transfers, and conveys all rights and interests and delegates it duties and obligations under the Encroachment Agreement to Assignee. 2. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights, duties, and obligations arising under the Encroachment Agreement. 3. Assignor has full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignor's obligations hereunder. Assignee has the full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignee's obligations hereunder. 4. The effective date of this Assignment shall be the date of its execution by the City (the "Effective Date"). All rights, duties, and obligations under the Encroachment Agreement arising, accruing, or relating to the period before the Effective Date are allocated to Assignor, and all rights, duties, and obligations arising, accruing, or relating to the period thereafter shall be allocated to Assignee. 5. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all further obligations under the Encroachment Agreement as of the Effective Date. 6. Assignor represents, warrants, and covenants with City and Assignee that as of the Effective Date, Assignor is not in default of any of its obligations contained in the Encroachment Agreement. 7. City hereby consents to this Assignment upon the terms and conditions set forth herein. Unless and until City has executed this Assignment, it is of no effect. The consent granted herein should not be construed as consent to any further assignments. The failure or delay of City in seeking to enforce any provision of the Encroachment Agreement or this Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 8. Any notice given by any Party to another Party must be in writing and shall be effective upon receipt when (i) sent by U.S. mail with proper postage, certified mail return receipt requested, or by a nationally recognized overnight delivery service, and (ii) addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. city Development Services Department 200 Texas Street Fort Worth TX 76102 Attention: Director FneroachmentAssignmentAgreement Page 2 of Pn22-00139 Rev 04/2020 Assignor Moonshot Ventures, LP 9101 Blvd 26, Ste 101 North Richland Hills, TX 76180 Assignee Englander NWA metro, LLC 1111 Elizabeth Blvd Fort Worth, TX 76110 9. Except as herein otherwise provided, this Assignment will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 10. Assignee shall cause this Assignment to be filed of record at Assignee's expense in the Real Property Records for Tarrant County, Texas. 11. The Certificate of Insurance for the Assignor attached as Exhibit `B" to the Encroachment Agreement is hereby deleted and replaced with the attached Certificate of Insurance from the Assignee as"Exhibit B,Revised." 12. All terms and conditions of the Encroachment Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the Encroachment Agreement. 13. This Assignment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document which may be evidenced by one counterpart. [SIGNATURES APPEAR ON FOLLOWING PAGES] Fncroachment A ssignment Agreement Page of Pn22-00139 Rev 04/2020 ASSIGNOR: ASSIGNEE: Moonshot Ventures,LP Englander NWA-Metro,LLC a Texas limited partnership a Texas limited liability company By: Roots Fair Trade,LLC A Texas limited Liability company Its general partner —::7— By: By: Nap) '. Janice To nd e: Marry EL nder Title: Authorized Signatory Title: Owner STATE OF TEXAS § I § COUNTY OF y § ff -- II +o✓ This instrument was acknowledged before me by 0q I,CeTOA6J, as the 0�17�[� of -�cckrcorTrJe,LLC ,a �--U— , on behalf of said corporatiooaft� EZOZ `bl 4»ew a ° saiidx3 uoisslwwo0 Aw 1 J a s ate o exas LIZOl58ZL#01.JMN _ [NOTARIAL SEAL] A311ow aat+w STATE OF TEXAS § COUNTY OF TARRANT § h' instrument as�cl�nowledged before me by �,as e of -Mxas non-profit corporation, on beha o id corporation. KIMBERLY D LAW otar ub State of T as '?;•. �?= My N0 ID#126227313 [NOTARIAL SEAL .? .. ExPm August 21.2023 Fnc roach men tAssig nine ntAgreement Page 4 of Pn22-00139 Rev 04/2020 APPROVED AS TO FORM AND CITY OF FORT WORTH LEGALITY: DJ Harrell(Nov 7,2022 12:05 CST) FWBC Sec. 3210 DJ Harrell, Director Thomas Royce Hansen, Assistant City Attorney Development Services Department City Attorney's Office Date: Nov 7, 2022 Date: Nov 7, 2022 oQts F�AT��dd d O J'o a� 000 o o d G�` °p-0dd Pvoo o=d 0 ATTEST: ddd�f , Yanno S. Gaadall as z nE00000 Jannette S.Goodall Nov 9,202215:19 CST) Jannette Goodall City Secretary (M&C not Required) Date: Nov 9,2022 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 reporting requirements. � t ice_ &."f,- 66G�L Matt Tilly on behalf of( 7,202211:49 CST) Janie S. Morales Development Manager Date: Nov 7, 2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FncroachmentAssignmentAgreement Page 5 of Pn22-00139 Rev 04/2020 STATE OF TEXAS § § COUNTY OFTARRANT § This instrument was acknowledged before me on 7th day of November , 2022 by DJ Harrell, Interim Director, as the Director of the Development Services Department of the City of Fort Worth,a Texas municipal corporation on behalf of the City of Fort Worth. Wendy L. Digitally signed by Wendy L. Beardslee Beardslee Date:2022.11.07 12:17:22 06'00' o�PRYpc WENDY L BEARDSLEE Notary Public, State of Texas a Notary Public + * STATE OF TEXAS Notary I.D. 13323719-3 9�OF My Comm. Exp. July 28, 2025 FncroachmentAssignmentAgreement Page 6 of8 Pn22-00139 Rev 04/2020 EXHIBIT A ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS FncroachmentAssignmentAgreement Page 7 of Pn22-00139 Rev 04/2020 r r W�1yI�r��t/�IRSAR ' 4R(_0 3-5 RIGHT OF WAY ENCROACHMENT AGREEMENT (COMMERCI.4 L) THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a home rule municipal corporation of Tarrant County, Texas ("City"), acting herein by and through its duly authorized City Manager, its duly authorized Assistant City Manager or Planning and Development Department Director, and Moonshot Ventures a Limited Partnership [type of entity] "Licensee", acting herein by and through its duly authorized General Partner [title], the owner of the real property located at 400 Bryan Avenue, Fort Worth, Texas 76104("Property's. RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal Description of the Property; and WHEREAS, the City has a street, alley, sidewalk, and/or other public right-of- way(individually or collectively, the"Public Right-of-Way")adjacent to the Property as shown on the map attached to this Agreement as Exhibit "A" and incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach onto the Public Right-of-Way; and WHEREAS, City will allow the encroachment under the terms and con B 9 set forth in this Agreement to accommodate the needs of the Licensee, NOW,THEREFORE, the City and Licensee agree as follows: Q s�� AGREEMENT City, in consideration of the payment by Licensee of the fee set Out beloti L b covenants and agreements hereinafter contained, to be kept and performed by Licensee, hereby grants permission to Licensee to encroach upon, use and/or occupy portions of the space under, on, and/or above the City's Public Right-of-Way to constructrinstall and/or allow to remain, certain improvements for the purpose of Existing Building (whether one or more,the "Improvements")as described in and at the location shown on Exhibit"A" but only to the extent shown thereon. Upon completion of the Improvements, Licensee agrees to be responsible for maintaining the Improvements. Licensee shall not expand or otherwise cause the Improvements to further infringe in or on City's Public Right-of-Way beyond what is specifically described in the Exhibit(s)attached hereto. 2015 ROW Encroachment Agreement-Commercial OFFICIAL RECORD Page I of I I Moonshot Ventures.—400 Bryan Avenue CITY SECRETARY rev.02/2015 FT.WORTH,TX 2. All construction, maintenance and operation in connection with such Improvements, use and occupancy shall be performed in strict compliance with this Agreement and the City's Charter, Ordinances and Codes, and in accordance with the directions of the City's Director of Transportation and Public Works, or his or her duly authorized representative. Licensee shall submit all plans and specifications to the applicable Director or his or her duly authorized representative prior to the construction of the Improvements. Licensee shall not commence construction of the Improvements until receiving written approval by the Director, but such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Upon completion of the construction and installation of the Improvements, there shall be no other encroachments in, under, on or above the surface area of the Public Right-of-Way,except as described herein and depicted on Exhibit "A". 4. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such encroachment, use and occupancy, including the securing of approval and consent from any affected utility companies and the appropriate agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance or existence of such encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as determined in the reasonable discretion of the Director of Transportation and Public Works, or his or her duly authorized representative. 5. Upon prior written notice to Licensee, except in the case of an emergency, Licensee agrees that City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety and welfare of the public or for any other public purpose. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Improvements installed by Licensee, but City will make reasonable efforts to minimize such damage. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance or existence of the 2015 ROW Encroachment Agreement-Commercial Pace 2 of 11 Moonshot Ventures. -400 Bryan Avenue rev.02/2015 Improvements and use, Licensee shall pay to City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public Works or the Director of the Water Department, or said Director's duly authorized representative. 6. Licensee agrees to pay to City at the time this Agreement is requested an application fee of$325.00 in order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction. maintenance, inspection or management of the encroachments and uses provided for by this Agreement. Licensee agrees to pay a fee in the amount of S.56 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter. 7. The term of this Agreement shall be for 30 years commencing on the date this Agreement is executed by City. However, this Agreement shall terminate upon Licensee's non-compliance with any of the terms of this Agreement. City shall notify Licensee in writing of the non-compliance, and if not cured within 30 days, this Agreement shall be deemed terminated unless such non-compliance is not susceptible to cure within 30 days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such steps as are necessary to remedy the non-compliance within 30 days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 8. Upon termination of this Agreement, Licensee shall at no expense to City remove the Improvements encroaching into the Public Right-of-Way, and restore the Public Right-of-Way to a condition acceptable to the Director of Transportation and Public Works, or his or her duly authorized representative, in accordance with then-existing City specifications. It is understood and agreed by Licensee that if this Agreement terminates and Licensee fails to remove the Improvements and restore the Public Right-of-Way, Owner hereby gives City permission to remove the Improvements along with any supporting structures, restore the Public Right-of-Way, and assess a lien on the Property for the costs expended by the City in taking such actions. 9. It is further understood and agreed between the parties hereto that the Public Right-of-Way to be used and encroached upon as described herein, is held by City as trustee for the public; that City exercises such powers over the public right-of way as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Right-of-Way for the use and benefit of the public. It is accordingly 2015 ROW Encroachment Agreement-Commercial Page 3 of l 1 Moonshot Ventures.—400 Bryan Avenue rev.02/2015 0 agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Right-of-Way to be used for any other public purpose, including but not limited to, underground, surface or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that this Agreement shall terminate upon 60 days' written notice to Licensee. In the event this Agreement is terminated under this Section 9, Licensee shall perform the obligations regarding removing the Improvements and restoring the Public Right-of-Way described in Section 8. 10. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Improvements over or within the described Public Right-of-Way and is not a conveyance of any right, title or interest in or to the Public Right-of-Way nor is it meant to convey any right to use or occupy any property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 11. Licensee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of the Improvements, encroachment and uses. 12. Licensee agrees to pay promptly when due all fees, taxes or rentals provided for by this Agreement or by any federal, state or local statute, law or regulation. 13. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondent superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 14. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS 2015 ROW Encroachment Agreement-Commercial Page 4 of I 1 Moonshot Ventures.—400 Bryan Avenue rev. 02/2015 r OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE IMPROVEMENTS AND ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE IMPROVEMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as described or depicted in Exhibit"A". The amounts of such insurance shall be not less than $1,000,000 Commercial General Liability with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts promptly following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least 30 days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance aruivally to City on the anniversary date of the execution of this Agreement. Licensee agrees, binds and obligates itself, its successors and assigns, to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of all encroachments and the cleaning and restoration of the Public Right-of-Way. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 16. 2015 ROW Encroachment Agreement-Commercial Page 5 of 1 I Moonshot Ventures.—400 Bryan Avenue rev.02/2015 i 1 Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay the fees to record this Agreement in the Real Property Records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 17. In any action brought by the City for the enforcement of the obligations of the Licensee,City shall be entitled to recover interest and reasonable attorney's fees. 18. Licensee 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, andany attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of die Property, and Licensee shall be deemed released from its dirties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within 60 days of such foreclosure or assignment and assumes all of Licensees' rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATIONS CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 21. This Agreement shall be binding upon the parties hereto, their successors and assigns. [SIGNATURES APPEAR ON FOLLOWING PAGE] 2015 ROW Encroachment Agreement-Commercial Page 6 of 1 Moonshot Ventures.—400 Bryan Avenue rev.02i2015 THIS AGREEMENT may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. City Licensee: - CITY OF.FORT WORTH By: _ By: vrl Lzlry:; Randle Harwood Name: Y Director Title: Planning and Development Date: , 20 ATTEST: Approved As To Form and Legality City Secretary Assistant City Attorney 2015 Easement Encroachment Agreement-Commercial Page 7 of 11 Rev.02/2015 THIS AGREEMENT may be executed in multiple counterparts,each of which shall be considered an original, but all of which shall constitute one instrument. City Licensee: �1 CITY RT W RTH By: By: � andle Ha ood Name: Director Title: Planning and Deveelment Date: `� ,2U 7 ATTEST: Approved As To Form and Legality Citv Secreta : �0� F�.h��'� Assistant City Attorney —1 * �S CAS. ENEU:&IC �HQUIUD OFFICIAL RECORD CITY SECRETARY FTT,WORTH,TX 2015 Easement Encroachment Agreement-Commercial Page 7 of 11 Rev.02/2015 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on .7( �"Gh� 11 , 201� by Randle Harwood, Director of the Planning and Development Department of the City of Fort Worth,on behalf the City of Fort Worth. Notary tb(>ctate of Texas 1v'O ;'gip. '�-•., MARYBEI P}NA :?`.• A- Notary Public.State of texas 5E My Commission Expves September 10, 2016 After Recording Return to: Cassandra Foreman Planning and Development Department 1000 Throckmorton Street Fort Worth TX, 76102 2015 Easement Encroachment Agreement-Commercial Page 8 of I 1 Rev.02/2015 STATE OF j � § COUNTY OF t4kAXt § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared (title), known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the sa e for the purposes and consideration therein expressed. as the act and deed of At� U1, &a , a Ahzebz and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this c2_& day of ail,fl- 20�. J.C.MdART7iY otary Public in and for We t4Mly puW,S°of To= State of Comm bq*w 0642-=9 Notary ID 4718094 2015 Easement Encroachment Agreement-Commercial Page 9 of 11 Rev.02/2015 LEGAL DESCRIPTION OF THE PROPERTY S u �l`Y 1 Srd rt, G� JOc NJ 577 (N. t_3 IA t C J G� t-o (N o " �'o Uit t , (f ree f�C N r^c ec� ,'n V v r u M e- /Z 3 ' Zrcc?rrf5 l 0 I,/`ct A 4- Cb,-j n CeKas . Page 10 of I 1 Rev.0212015 EXHIBIT"A" Location and Description of Encroachment and Improvements ATTACHED 2015 ROW Encroachment Agreement-Commercial Page I 1 of 1 I Moonshot Ventures.—400 Bryan Avenue rev.02/2015 LEG. ND OF A-55REV1ATION5 AND 5Y1"'1BO Mildnq tes t9F. - ban Pp.Found PAL -P-MIC Awls Eme"irit S.G .9eur fasenartt GM, .Cbrtrat Man-rrer+t lSt!" - rear Rod Fond -Pubue Ossn U,E. -Witt'rawr ra D.l:. - Gai,aoa rmsne,t r,Rs_ - rrcn Red See Swore bp♦ t p r7.f. - i s ln:uty r.F- - rtoi vtoove Fawnart SILO -Xghc of way 7(.'.RW. -Rai6 aa?T•.s iteebery+rdl F,eex<TIr Far ns . � --4* -"1 Cola 4fi 4etoi,^'p.♦dr O.N. .O.orMed!]etL-i -15t -tM`rA ate• 4" 16' ALLEY :E45T EEC►s-b vi ' BUILDING LOT 6 - + �D �lC1h CQ �ea�'� l qq�• > p �lS Ctita l� as F- _ r < 1 i - f _ -' LOT 7 G{u r► AC F,?-tyke(i,, " BLOCK A FT. I � � n Or_ `w+ 5/8' tRFJ I LOT (o 5 8♦ (RF; �G{ , .................... .4 �832 YY 1f Addr"v AW-sCt 8R-AN AVEME �'r'tit��rry Date, Ce/!9/f3 i f grotty ce- Fy LscC this Plc: ;s tr-,a mC car=- Aaa+cv P-od to V-4 bee! dF ery. knayfeAge and ba'ieF es surrsrad Ys�ro,ca not.rap, co-�.-,rttr rant+tc as 47ACtZOy re, dwea b!me sr %rder eny direct sup--t,&'F7. This mr-rey � 2s 1LC4, this as ra-y does rot Tn wi in o,a-Tao i. ,�:t;S e4-e -uit_tnut a tiGe sea-sh v-d stows arHy . .. - - ..._...._.. _. _ ec er-ants cn :)-a recardac -%baivieicn pie. ad LEGAL 0E50RlP T iON czs not ir<:vEe oiYvr f -d whim +ray effe-- this preo-!ty Lots 7 and a, Stook A. W.H. 7uckar's Subdl,!.Ilan of Block Na. 57 of W.B. Tucker's Addttlon. an adGttton to the elks of Port Worth, Tarrant Comet., Texas, AG,!sTER !Y, accordinj to t=a plat ream.-ded °n 62A, Page 123, ?'a� Records. Tarant Count7. 'Tesas. j!^ r: r•_�a LAND r`oe SURVEYING J !b: ry �,....r v�.n Yuen...«s,..z_.x-.-r._.iw.r err+r�rNr r. 17COM7tt ��►r�p'�d r+'Y•••a+••r L.,.i f+,.rM-♦s..,+... A!G.: TAT.=. SP,?0455 ROAD 0 W9, AR-o4:'i Qr, .X. 760K - PHF(3lT)470-6CG:, FAXa (Or7)47L-GG57, TOLL FREE-(666)621-45ll FIRST AMENDMENT CITY SECRETARY TO CITY SECRETARY CONTRACT NO.49635 CC14TRACT NO. RIGHT-OF-WAY ENCROACHMENT AGREEMENT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 49635, ENCROACHMENT' AGREEMENT is made and entered into by and between the CITY OF FORT WORTH,a home rule municipal corporation of Tarrant County,Texas("City"),acting herein by and through its duly authorized City Manager,Assistant City Manager, or Plaiming and Development Director, and,Moonshot Ventures, LP,a(n)limited partnership ("Licensee"), acting herein by and through its duly authorized general partner. RECITALS WHEREAS,City and Licensee made and entered into City Secretary Contract No.49635 on September 19,2017 (the"Agreement"), to authorize the use of the Public Right-of-Way for renovating an existing building; and WHEREAS, the parties wish to amend the,Agreement to demolish and rebuild wall that is encroaching a city alley; and WHEREAS, it is the mutual desire of City and Licensee to execute this Amendment to the Agreement to revise "Exhibit A" in the Agreement to depict the revised encroachment area. NOW,THEREFORE,City and Licensee,acting herein by and through their duly authorized representatives, enter into the following that amends the Agreement: 1. "Exhibit A"in the Agreement is hereby replaced with the attached revised description of the encroachment area, labeled as"Rcviscd Exhibit A." 2. The effective date of this Amendment shall be the date of its execution by the City. 3. Alother provisions of the Agreement which are not expressly amended herein shall remain in full force and effe C'�IV�D r,fi,Sftr l�' CITY OF FORT WORTH: Randle Harwood Director, Department of Planning and Development EXECUTED on this the day of , 20 .) v Approved as to Form and Legalit.: Attested by: 7 ., Trey as 4ry J. , Assistant City Attorney City Secretary LICENSEE'S By: ,,y��t PrinteAame: Janice Townsend Title: General Partner,Sole Member of Roots Fair Trade LLC 1 ' STATE OF TEXAS COUNTY OF TARRANT § BEFORE ME the undersigned authority, a Notary Public in and for the State of Texas, on this day 411�n oa-1 on ��Ci c�F personally appeared andle Harw od, known to 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.22_5_day of , 206. i Nota Publi ii and for the State of Texas IENNIFER LIJISE E7EhM _ s Notary Pubic `>tatF of Texas Comm. Expires 03 01.2020 Notary IJ 1305616:;0 lllitl After recording return to: Planning & Development Development Coordination Office 200 Texas Street Fort Worth,Texas 76102 i STATE OF TEXAS § COUNTY OF TARRANT § i BEFORE ME, the undersigned authority, a Notary Public in and for the Slate of , on this day personally appeared Janice Townsend, general partner (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for (lie purposes and consideration therein expressed, as the act and dccd of Moonshot Ventures, LP, a limiter! partnership (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2`� day of ,t) 1, , 20�`� _ G-1 kv I—) IT ALQc7 `Y CRYSTAL_J SIMNoM F% �1 kly Commission Lxpires Notary Public in and for the [}J ;v June i?, 2 L);9 ' State of 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 report requirements. /A/ t Janie Scarlett Morales Development Manager „t =% zz 'o C'�s xs "3 la OY < a O Q:ix ar s ;I u s rr' ._�yy-fig-gg_ w b� Z.:W Jgk W�� Ftl ✓yu as 4 et a � L 1 a} `' It's' silk y �: w 5 O y :2 If H. 0; �.'191 JA fig; � �:� � �Y� � y ,� Z J a8.+ 3-„s aF3 € fSb I �3 P it�yq9�iJLs � m Q z! y3 33 e g Y' Yo. ¢¢ � � 3�§ 6:5 W p_ rts. t . d 4-aC9, ;uY 3gq; is 612 W z ?t"_ 5 54a y r : : 3< ;?a ~o W 000 00 0 0001-!>00000 00 0 ( 3f1N3nt/NHA (I 4M'7i'15'c -SO CO' I• i` - �_ j�. J•Q1)0'2e1 c hio 00, rl LEI � r Lij j t , m I l ` I J' Q Nrb'2-�tSW aG �\ 2 ��11SEfl Eyi4�1$� A 3 R _ Z Z z LLJO (7) > ' '2MIN 4-7 3$ � bay 1 I I 1 w iy C$ I �pip �7 IyyS y I y�E44dii 3 7S Q Q ini 6ME c yfsa E s Y 93Q_i i d _S Yy t C€ wu.3] 1 1j 1g��q5� 9S� y�y{{� 1y pQ3QQ (■ �I�y 1 I I I J w 4 zv [ ? vi !2 m i 5 CK 3 a 7i �E� -:q11 saa 66 3$R S Y s al r i Z �3 .1es 34 SS4 ZaS= gg 2 � li � itf�� w §s p9 5 YS p Z O 00 O 00 00 O U6�O 1� I 1 1 I 1 0 I f r - ------ 1 I I ✓y,{ f�Y� i� I I I _ 1 I Wly p a O LU +A 21- FFF r W,+ fl. O y to W a EXHIBIT B,REVISED CERTIFICATE OF INSURANCE FncroachmentAssignmentAgreement Page 8 of8 Pn22-00139 Rev 04/2020