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HomeMy WebLinkAbout028050 - General - Contract - Texas Pacific Realty Partners, L.P.r ! U • ASSIGNMENT OF CONSENT AGREEMENT STATE OF TEXAS § § COUNTY OF TARRANT § CITY SECRETA Y 5 CONTRACT NO. u _,ss This Assignment of Consent Agreement ("Assignment") is made by and between Kae L. Brockermeyer ("Assignor") and Texas Pacific Realty Partners, L.P. ("Assignee"), on this the /g day of July, 2002. WHEREAS, Assignor and Assignee have entered into that one certain Improved Property Commercial Contract (the "Contract") whereby Assignee is purchasing that real property situated in Fort Worth, Tarrant County, Texas (the "Property"), more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes; and WHEREAS, Assignor and the City of Fort Worth, a municipal corporation of Tarrant County, Texas (the "City"), have entered into a Consent Agreement dated August 24, 1992, being City Secretary Contract No. 19285 (the "Consent Agreement"), whereby Assignor was granted permission to encroach upon, use and occupy portions of the public right-of-way and to install a fence in portions of the public right-of-way of North Commerce Street; and WHEREAS, Assignor desires to assign all of its rights, privileges, duties and obligations under such Consent Agreement to Assignee, and Assignee desires to assume all of Assignor's rights, privileges, obligations and duties under such Consent Agreement; and WHEREAS, the Consent Agreement requires that the City approve any assignment of Assignor's rights, privileges or duties under such Consent Agreement. NOW, THEREFORE, Assignor and Assignee hereby agree as follows: 1. Assignor does hereby transfer, assign and set over unto Assignee all of Assignor's right, title, interest and privileges under the Consent Agreement, such assignment being made without express or implied warranty of any kind whatsoever. 2. Assignee does hereby accept the foregoing Assignment and as consideration therefor agrees to assume and perform all of the duties, and obligations to be hereafter performed by Assignor under the Consent Agreement to the same extent as if Assignee had originally been named as the Grantee in such Consent Agreement. Further, Assignee agrees to indemnify and hold the Assignor, Kae L. Brockermeyer, harmless against all claims, demands and actions by reason of Assignee's failure to observe and perform the Grantee's covenants, obligations and duties under said Consent Agreement from and after the date hereof. ASSIGNMENT OF CONSENT AGREEMENT .747:76:-1 PE Ciff ,© Fit T h EXECUTED this the ASSIGNOR: L. Brockerriieyer day of July, 2002. ASSIGNEE: Texas Pacific Realty Partners, L.P., a Texas Limited Partnership by T.P.R.P., Inc., a Texas Corporation By: 141L 1A L ' c de* Will Martin, President CONSENT OF CITY The City of Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized City Manager or duly designated Assistant City Manager, does hereby approve and consent to this assignment of the Grantee's interest in that one certain Consent Agreement, being City Secretary Contract No. 19285 in accordance with Section 18 of such Consent Agreement and, from this date forward, does hereby agree to look to Assignee, Texas Pacific Realty Partners, L.P. for the performance of all of Grantee's duties and obligations under such Consent Agreement and to afford such Assignee all of the rights and privileges inuring to Grantee under such Consent Agreement EXECUTED this the day of IfY)N-- AuAk Contract Authorization Date 00- 2002. CITY OF FORT WORTH By: R /tj r Reid Rector, Asst. City Manager APPROVED AS T:O FORM AND LEGALITY By: 5 st wt City Attorney Date: ASSIGNMENT OF CONSENT AGREEMENT STATE OF COUNTY BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared KAE L. BROCKERMEYER, known to me to be the erson v6hose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of KAE L. BROCKERMEYER and that he executed the same as the act of said KAE L. BROCKERMEYER for the purposes and consideration therein expressed and in the capacity therein stated. WEN UNDER MY HAND AND SEAL OF OFFICE this the /0 day of , 2002. Nancy H. Frost Notary Pubic County of ,`i State of Teton , 1!; Wyoming My Commission Expires November 18. 2005 STATE OF TEXAS § COUNTY OF TARRANT § Notary Pubin and for the State of BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Li-N. \\ k1(• , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he/she executed the same as the act of the said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of f ,n� �c , 2002. }_(Po'', • AMY E. RANDELLrr }(��v1f7! f //fNotary Public, State of Texas[ ,_ `C.1 (Xa My Commission Ex05 b 'c in and for the State of Texas „§{;.�` August 28, 2005 � �� ASSIGNMENT OF CONSENT AGREEMENT STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this the day of , 2002, by WILL MARTIN, President of T.P.R.P, Inc., a Texas corporation, general partner of Texas Pacific Realty Partners, L.P. , a Texas Limited Partnership, on behalf of said corporation and Iimited partnerships. BRIAN SAMUEL (3RONA Notary due STATE OF TEXAS 1Ol2e/2004 [plc] ientslbrockenneyerlassignment of consent agreement ASSIGNMENT OF CONSENT AGREEMENT • A EXHIBIT "A" !tract of .arid, being Lots 10, 13, 14 and 15, Block 44, North f oat ?forth Melon to the City of Fort Worth, Tarrant County, Texas, according to the tot recorded in Volume 63, Page 149, of the Deed Records of Tarrant County, Texas, together w h the Westerly one —hall of -the alley abutting Lot 10, and the Easter one -f if of the alley ebidting lots 14, and 15, said alley dosed by G y of Fort north Ordinance Me.1056. recorded In Valuate 923, Page 184 Deed Records of Torre County, Texas, some being all of that c:errain trod of land described in deed to Noe Brmckermeyer, In Volume 10675, Page 258, Deed Retort* Tarrant County, Texas. lbe beadags for this snore! are based on the bearing of the easterly lure of the St. Louis k Southern Rani Road us described in Volume 10675, Page 258, Deed Records, Tank County, Texas, Said _ r :° _. tract being described by metes and bounds as follows; • BEGINNING at a 1/2" iron rod with cop found in the westerly right—of—way line of North Commerce Street, a 70' pubic right of way, for the erat comer of said Lot 15; 1tiT CE South 59'59'17"'lest, along the southeasterly % of said Lots 10 and 15, a dstance of 133.7B feet to o 3I8" ban rod found in the east right—of—way he of the St, Louts Southeastern Railroad and being the south comer of said lot 10; 11-1D10E North 0aorRailroad, o feet toa /8"irord�a soothed! right—of-14 of N.E..E.10th Street, a 60Fabrc right f ay, or the test comer of sold Lot 13;. !HENCE North 60`00'00' East, oong the soothed! right —of —toy hare of N.E. 10th Streetto distance of 32.02 feet to an It".tut in concrete at the.entersectiion of the said south right :If goy line of N.E. t0kh Street and the vested! right —of -oar Cane of said North Commerce Street, for the north corner of sold tot 13; the �t5beast r Tmet ef'�said Eost, clang the wast4 13. 14 and 15 light-of-fay distance of 150.02 feet North o he POINT OF Brce EGINNING CONSENT AGREEMENT STATE OT TEXAS $ COUNTY Op TJ T THIS AMMO-TEM is rude and entered into by and between the City of rort worth, a municipal corporation of Tarrant County, Testa:, acting heroin by and through its duly authorised City Nianager or duly designated Assistant City Manager, hereinafter referred to as she "City', and acting herein by and through its duly authorised *Grantee". , hereinafter referred to as MANS sE'1`kl,i, 1_ ifor and in consideration of the payment by Grants; of the application charge stet oat below and the true and faithful perfoc- Matce of the mutual covenants herein contained, City Hereby grants to Grantee pa:mission to encroach upon, use and occupy portions of the apace under, on and/or above the streets, alleys, sidewalks and other ptiblic ri.ghts.of-say as follows: At Slk1 AJ1 (1 ' 4.6 geAL, OfEC1 AVOID ChYPC 'Elf 1-1 The 10CatiOn snd description of said encroachment•is more particularly describes ii Exhibit "80, attached hereto, incorporated herein and wade a part hereof for all purposes, 2. All construction, maintenance and operation in connection with ouch encroachment, use and occupancy shall be performed is strict coepliince 'with the Charter, Ordinances sad Codes of the City asd in accosdaxce with the directions of the Director of Transportations and Ytiblio Works of City, or his duly authorised representative. An plans and specifications therefor shall be subject to the prior Written approval of the Director of Transportation and public Works, or hie duly authorised representative, bat such approval shall not relieve Grantee of responsibility and liability] for con- cept, design and computation xn the preparation of such plans and specifications. 3. Upon completion of construction and thereafter, there sxhail he no encroachments in, under, on or abcren the surface ere& bf the streets, alleys, aiderwn and other public rights -of -way .fvvlVed, except as described herein and she= on the hexeinabova referred to Exhibit a®". 4. Grantee, at no expense to City, shall make groper provision for the relocation and/or installation of any existing or future utilities affected by such encroachment, use and ucCepancyr 2 including the securing of approval and consent from the utility companies and the appropriate agencies of the State and its politi- cal sub divisiOns . In the event that any installation, reinstalla- tion, relocation or repair of any existing or future utility or improvements owned by, ccnstructtesi by or on behalf of the public or at public expense is made more costly- by virtue of the constrae- tion, maintenance or exxstance of such enoroacheent and. user Grantee shall posy to City an additional amount equal to such addi- tional -cost as determined by the birevtor of Transportation and Public Works of the City, or his duly authorized representative. 5. City may enter and utilise the referenced areas at any ties for the purpose of installing or maintaining .improveasente nereeestar71 for 'the health, safety and. welfare of the pobUic Cr for any other public purpose. In this regard,. City shall bear no responsibility or liability for damage or disruption of improvements installed by Grantee or 5.tm suacesnors . but City will make reasonable efforts to ttinhilBc such dazage. In order to defray all costs of inspection ar&d supervision which city has incurred or Might incur as a result of the construc- tion or maintenance of the encroachments and uses provided for by this agreement, Grantee agrees to pay to City at the time this agreement nt is executed an application charge a in the sum of TO t4 t) nonar. t 8 z 00, co) . 3 7. The initial term of this agreement shall be thirty {30) years, commencing on the date this agreement is eueceted. GM Upon they tin -imitation of this agreement for any reason tsn- ever, Grantee shall, at the option of City and at no .eapenbe to City, restore the public right-of-way and adjacent supporting strictures to a condition acceptable to the Direetor of Transfortation lend Pabl.c l erkee, or his duly authcrited representative, ,and in accerdance with them existing City specifi- cations. 9. Xt is fuzether endeztood eund agreed between the particle hereto that the City streate, alleys, sidewalks and other public rights- nf-uay, including the portions of such streets, Alleys A. r idaealks and other public; rights oxmarsy to be used and encroached upon ee desceibed herein, are held by City as trustee fear the 1io; that City exercises such pigs over the atreete as have been delegated to it by the Constitution of the State at Texas; or by the Legislature; and that City cannot contract ieway i 's, duty and its legieelati'e e power to control the streets fox the = a and benefit of the public. It Le accordingly agreed that if the governing body of City, to wit, its City Council, should at nxey tifts during the term hereof determine in its sole discretion to ewe or eavde or permit the said portions of the streets, alleys, sidewalks sad other public r,ightneofeVays to be used for any othev peblio purpo001 including but not being limited to underground, surface or overhead 4 communications, drainage, sanitary sewerage, transmission of natural. gas =electrici.ty, or any other public purpose, whether presently contemplated or not, then this agreement shall be automatically cancelled And terminated. 10. Grantee understands and agrees that the granting o€ any encroachment lkerennder in net want to convey to Gr antee any right to use or occupy property in which a third party nay have an intareit, and Grintee agree; that it will obtain aa1l neeesea y permission before occupying such property. 11. Grantee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation onAnaintenance of geld encroachments and uses. 12. Grantee agrees to pay promptly when due all fees, tames or rentals provided for by this agreement or blr any federal, state ex. locst statute, lmis or regulation: 13. Grantee covenants and ages 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; that Grantee shall have exclusive control of and the exclusive right to control the details of its operations, and all persona performing same, and shall be eole1y responsible for .the acts end omissions of its officers, agents, servants, employees, 5 contractors, aubcontractote, licensees end irwiteeep that the doc- trine of respondent superior shall not apply as between City end Granters, itf;i officers, agents, servants, efsplayea$, contraCtore and uubcontrectors, anci nothing herein shall be construed es creating a partfner*hip or joint enterprise between even City and Grantees. 14. Grantee covenants and agreefa to indemnify, and doea hereby indemnify,: bold harmless and defend city, ita officers, agents, servant and etfelioyees, frt and ageinet key and all claire or f uitsi for property damage or loss end/or personal injury, including death, to any and all parsons, of whatsoever kind or character, ehether reel or asserted, arising gut of or in connection vitk, directly or indirectly, the construction, meinteoenCe, OCcepanoYr use, exirstence er location of said enofoaeheent tied miles gr$nted hereunder, whether or not caused, in whole or in Wit, by allege -la negligence of officer's, agents, servante, employees, vontsractors, subcontractors, licensee** e** ass invitees of City•, and Grantee hereby assumes all liability and responsibility for sued cIeisei or eelte. Grantee shall likewise asseme all liability and rssponeibi.lity and shall indemnify City fur any and 011 injury or damage to City property &rising out of or In eonnection with *Amy and all note or crosissiuns of grantee, its officer's, scents, servants, employees. contreotorfs, f3Ubofontract+urls, licensees, invitees, or tfeerepataf<erf . 15 Grantee agrees to furnish City with a Certificate of xnst:rance, naming City as certificate holder, es proof that it has secured and paid for a policy of public liability 'irtsura e 6 Cat=di' PE 4+, ijH CRtfin;Kkiii covering e11 public rislca relented to the proposed use end occupancy of public ,property as located and described in exhibit "E1". the amounts of such insurance ehsll be not less than the follaingr Vroper.y damage. per 00Ce nce $100,000 Bodily injury, per parolee $$00,000 Bodily injury or .death, per occurrence ce $500 q00 with the understanding of and agrewent by Grantee that such insur- ance amounts shall be revised upward at City's option and that Grentee shall so r v} se ouo4 amounts lemediately following notice to Grantee of such requirement. Such insurance policy shall pro-" vide that it cannot be cancelled or amended eatbont at Least tea (10) dey ' prior written notice to the Building Official fri the City of Tort Worth. A copy of such Certificate of Theurence is attached as 'exhibit °A". Grantee agrees to svbit s similar Certifieete cf ineiurance mus11y to City on the anniversary date of the execution of this agreesent• Grantee agrees, hinds and obligati& itself r its successors assigns, to maintain and keep in forces such public liability insur- ance at all times during the term of this agreement and until the removal of all encroachments and the cleaning and restoration of the City streets. All insurance coverage required herein shall include coverage of all of Grantee's contractors. 16. Grantee agrees to deposit with City when this agreement is, executed a sufficient sum of money to be used to pay necessary fees to record this Consent Agreement in its entirety in the deed records of Warrant Cnnwity, Texan. After being so recorded, the 7 Cic:IL RECO ray CRY tLI,b".. �nr. '"'_ I ��1 0 l: °�r�.b �I �� 3 original hereof shall be returned to the City Secretary of the City of Port North, dense. 17. In any action brought by City for the enforcement of the obli- gations of Grantee, City shall be entitled to recover interest and reasonable attarneye fees. 114. Grantee covenants and agrees that it will not assign all or any of..its rights' privileges or duties under this contract without the, prier written approval Of City, end any attested aetaigretent aithcct such prior vrrittef approval shall, be void. 19. This agreement shell be binding upon the pities hereto, their successors and assigns. 1CD this 461 144.Z.41e4 day of , 18 7 PROV D AS TO FOWL MID 5f + + iY City -tornc y Date t 8 GOIntee (1›. Der, [% \4_t �o •i'u.�F�i�q TEX. SLATE OF TES COUNTY OF TARRAST 3 nnrons ix, the undersigned authority, ft Nvt+ ry Public iend for the State pf Texas, on this day personally appeared W , known to me to be the person ra ate nasie fi subscribed to the foregoing instrument, and achno%s1ed ®d to ea that the seams was the act of the City of Fort Worth and that he/she executed the safe ea the act of the said City of Fort Worth for the purposes and consideration therein expressed and iii the capacity therein -stated, C:MER UNDER NY RAND AND UAL or o'ricE this . `� _ day of 1 STATE orsTEXAS CouiiTY or TARRY 3T 4 A11O.EY A " tILLiAiE Sea* Pah% 5T* A$. No ary/Rfffib is in and for the SUM. of Texas AVM NE, the undersigned authority, a Notary Public in and for the State cif Texas on this day persanally agpenred 1 L. temoa, know to me to be the person whose mesa is subscribed o t e foxegai. instrument, And aoknowledgedto se that the sane was the act of L. urn that he/ executed the same .as t e act of aid there for the purposes asna-ea ►nidira; tic'sthers=e a zpxseedr and in the capacity therein stated, cling UNDER ) SEAT, OF OFFICE this ...� day cf , 19 MAND A NY1s MATE OF IEKA9 inters r2(3.10M 9 ataxy the St �l to ofTexas n and ar ifi l�; � � .. 4s �� Fo Y::uyrftp uirW� i • a scfli►( �• 1 . r'T r... 1 I It I)U I. ii i f 0102004ir* -- Ali �' ewiee Zvi W erg 16,-.S ) 11 sa ILv .- 0' 1 . a... moo,, , ,,,,,,. . ._.... r . ...Y % • % 4. • k \ k % % % • O}T 8az d4dVig. 2 • • a a