HomeMy WebLinkAboutContract 60687-A1Date Received: 04/16/24
Time Received: 11:45 a.m.
Record Number: PN24-00061
City Secretary No.: 606 87-Al
FIRST AMENDMENT
TO CITY SECRETARY CONTRACT NO. 60687,
EASEMENT ENCROACHMENT LICENSE AGREEMENT
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 60687,
EASEMENT ENCROACHMENT LICENSE 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
Development Services Department Director, and Legends HC One, LLC, a Texas limited liability
company ("Licensee"), acting herein by and through its duly authorized Manager.
RECITALS
WHEREAS, City and Licensee made and entered into City Secretary Contract No.60687 on the
3 rd day of January (the "Agreement"), to authorize the use of the City's easement for the purposes of a
private storm line and canopy; and
WHEREAS, City and Licensee wish to amend Section 1 of the A greement to exclude "canopy"
from the language of the Agreement, as this is not part of the Encroachment; and
NOW, THEREFORE, City and Licensee, acting herein by and through their duly authorized
representatives, enter into the following that amends the Agreement:
1.
Section 1 of the Agreement is deleted in its entirety and replaced with the section below.
The City, in consideration of the payment by Licensee of the fee set out below and covenants and
agreements hereinafter contained to be kept and performed by Licensee, hereby grants
permission to Licensee to encraach in, on, above, or below and occupy a portion of the City's
Public Property as described in and at the location shown on Exhibit "A," but only to the extent
shown thereon, for the purpose of constructing, installing, and maintaining a private storm line
(the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be
responsible for maintaining the Encroachment within the Public Property. Licensee shall not
expand or otherwise cause the Encraachment to further infringe in or on the Fublic Property
beyond what is specifically described in Exhibit ��A."
2.
The effective date of this Amendment shall be the date of its execution by the City.
3.
All other provisions of the Agreement which are not expressly amended herein shall remain in
full force and effect.
CITY OF FORT WORTH:
Dalton Harrell�pr 15, 2024 09:06 CDT) DJ Harrell, Director Development Services Date: Apr 15, 2024Approved as to Form and Legality: Jeremy Anato-Mensah Assistant City Attorney City Attorney's Office Date: Apr 10, 2024 Jannette Goodall, City Secretary City Secretary's Office Date: Apr 15, 2024
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. Rebecca Owen (Apr 10, 2024 16:27 CDT) Rebecca Owen Interim Development Manager Date: ____ A_p_r_l_0_, 2_0_2_4 _______ _
***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY*** 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, Interim 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 15th day of -'A=pe-cr=il'-------' 2024 Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 KATHLEEN BRADFORD Nota ry Public STATE OF TEXAS Notary I.D. 12197197
My Comm. Exp. Apr. 12, 2027
LICENSEE:
LEGENDS HC ONE, LLC
a Texas limited liability company
By: WhiteWater Holding Company, LLC
a Delaware limited liability company
its manager ,
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By: �,• �'� _.�- '��``_`.�
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Name: Steve A Mathis
Title• Autho ized Manager
Date: � � � �
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STATE Or � � �� �
COUNTY OF �G � �
BEFORE ME, the undersigned authority, a Notary Public in and for the State of ����Ga S, on
this day personally appeared Steve A Mathis, Authorized Manager 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 the purposes and consideration therein expressed, as the act and deed of
LEGENDS HC ONE, LLC, a Texas limited liability company, and in the capacity therein
stated.
GIVEN iJNDER MY HAND AND SEAL OF OFFICE this � day of
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, ���
tary Public in and for the
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State of -��?,�S
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, _��`" P°a��: JEANETTE L. SUMRULq
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