HomeMy WebLinkAbout049017-CA1 - General - Contract - 4-Eleven Realty Partners and MMM&EM, LLCDate Received: 9/15/2025
Record Number: PN25-00128
3:55 p.m. 49017-CAl
Time Received: City Secretary Number:
ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT
City Secretary Contract No. 49017
THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("AssignmenY') is
made and entered into as of this 15tr day of September , 2025, by and between the CITY OF
FORT WORTH, a Texas home-rule municipal corporation ("City"), 4-Eleven Realty
Partners, LLC, a Texas limited liability company ("Assi�nor"), and MMM&EM, LLC, a-
Texas limited liability company ("Assi�nee"). 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. 49017 (the "Encroachment Agreement"), on the 24th day of April, 2017, with Assignor,
the owner of certain real property more particularly described in the attached Legal Description
(the "Propertv") 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 15th day of May, 2017, as
Instrument No. D217107211 in the Real Property Records of Tarrant County, Texas;
details;
WHEREAS, the parties wished to amend the Agreement to add additional sidewalk
WHEREAS, the First Amendment to City Secretary Contract No. 49017-A1
Encroachment Agreement, was recorded the 18rh day of August, 2017, as Instrument No.
D217191863 in the Real Property Records of Tarrant County, Texas;
WHEREAS, Assignor desires to assign the Encroachment Agreement 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
CITY SECRETARY
FT. WORTH, TX
Encroachment Assignment Agreement Page 1 of 9
Rev 12/2022
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 a11 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 `Bffective 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.
Citv
Development Services Department
100 Fort Worth Trail
Fort Worth TX 76102
Attention: Director
Encroachment Assignment Agreement Page 2 of 9
Rev 12/2022
Assi�nor
4-Eleven Realty Partners, LLC
8821 Chapin Road
Benbrook, TX 76116
Assi�nee
MMM&EM, LLC
1111 Elizabeth Boulevard
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 E�iibit "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]
Encroachment Assignment Agreement Page 3 of 9
Rev 12/2022
ASSIGNOR:
4-Eleven Realty Partners, LLC
a Texas limited liability company
By: �%Q
Name: Scott Clark
Title: President
Date: � //�/2 S/
STATE OF Tt � Q�
COUNTY OF ���Q'�
,v
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BEFORE ME, the undersigned thority, a Notary Public in and for the State of ��� , on
this day personally appeared �X.O'rt G�1Llr� , 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 4-Eleven Realty Partners, LLC, a Texas limited liability company, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
, 2025.
1 v �ZOZ �
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Notary I�ublic in and for the MlZ9Z�� �'�{�
b� 0,���'GAoN� , ,,,.
State of �7l�� �eh,� h� : 4�*�''°'•-
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Encroachment Assignment Agreement
l ` � day of
Page 4 of 9
Rev 12/2022
ASSIGNEE:
MMM&EM, LLC
a Texas limited liability company
By:
Name: M Englander
Title: President
Date: (� �� /� �
STATE OF �� i��� §
COUNTY OF T'��'✓�1'"� §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of � C��C�� on
this day personally appeared Marty Englander, President, 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
MMM&EM, LLC, a Texas limited liability company, and in the capacity therein stated.
GNEN UNDER MY HAND AND SEAL OF OFFICE this �� day of
�, v�
, 2025.
� ��
� /
Notary ublic in and for the
State of ( �` ��
Encroachment Assignment Agreement
S��
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E OF tE�.`� N
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Page 5 of 9
Rev 12/2022
EXECUTED to be effective on the date signed by the City's Directar of Development
Services Department
APPROVED AS TO FORM AND
LEGALITY:
%�w��
Hye Won Kim
City Attorney's Office
Date: 09/07/2025
ATTEST:
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Jannette Goodall
City Secretary
(M&C not Required)
Date:
CITY OF FORT WORTH
Dalto�� rrcll (Se�S324 CDT)
D.J. Harrell, Director of the
Development Services Department
Date:
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.
a���
Kandice Merrick
Development Services Manager
Date: 09/02/2025
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Encroachment Assignment Agreement Page 6 of 9
Rev 12/2022
�_�:1 i.`l J_l!f ��l�J .l�J � r''lIJ � O1�1.� r�i'L�J .� �: lIJ �I �I l�J �111.`191IJ\I A'�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 personally appeared D. J. Harrell, 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
September 2025.
,
W2�r�fy �ea��,tCee
,�. �,-,,5�,, ���������.
Notary Public in and for the State of Texas
� Wendy Beardslee
�j�, My Commisslon Expiras
`�Xl * TI2812029
Notary ID133237193
Encroachment Assignment Agreement
Page 7 of 9
Rev 12/2022
EXHIBIT A
ORIGINAL AGREEMENT WITH ATTACHED EXHIBITS
Encroachment Assignment Agreement Page 8 of 9
Rev 12/2022
Page 1 of 20
,� ,�,,`�
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�' RIGHT OF WAY
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,: , �„��py � ENCROACHMENT AGREEMENT
��? (COMMERCIALJ
CITY SECRETARY .
CONTRACT N0. ��
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� �I��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 autharized Assistant
City Manager or Planning and Development Department Director, and 4-Eleven Realty
Partners, LLC, a Limited Liability Corporation "Licensee", acting herein by and through
its duly authorized President, the owner of the real property located at 411 South Main
Street, Fort Worth, Texas 76104 ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property situated in the City of
Fort Worth, Tarrant County, Texas, mare 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 conditions as
set forth in this Agreement to accommodate the needs of the Licensee,
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
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 encroach upon, use and/or occupy portions of the
space under, on, andJor above the City's Public Right-of-Way to construct/install and/or
allow to remain, certain improvements for the purpose of renovation of an existing
building for lease spaces for retail, restaurant, and events (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.
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2.
All construction, maintenance and operation in connection with such
Improvements, use and occupancy shall be performed in strict compliance with this
Agree�nent 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
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made more costly by virtue of the construction, maintenance or existence of the
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 $.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.
S.
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, restare 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
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control the Public Right-of-Way for the use and benefit of the public. It is accordingly
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 ar 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 ar rentals provided for
by this Agreement or by any federal, state ar local statute, law or regulation.
13.
Licensee covenants and agrees that it sha11 operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant ar 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
respondeat 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.
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� LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HERESY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
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 annually 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 farce 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.
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16.
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,
and any attempted assigrunent 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 the Property, and Licensee shall be deemed released
from its duties 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 ar 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.
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[SIGNATURES APPEAR ON FOLLOWING PAGE]
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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:
CITY OF FORT WORTH,
:
Director
Licensee:
4-Elevn Realty Partners, LLC
--- -
�
By: ____
Name: Scott Clark
Title: President
1711 Sth Avenue,
Fort Worth, TX 76110
Planning and Development Department
Date: �( /�u''[ . 20�
ATTEST:
City Secr y
Approved As To Form and Legality
! /�-- ����t'��.
�
Assistant City Attorney
-���"��Rr�
V : '��
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��'XAS �
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STATE OF TEXAS §
COUNTY OF TARRANT § � . �j
This instrument was acknowledged before me on ���, , 2017
by Randle Harwood, Director of the Planning and D lopr�ient Department f the City
of Fort Worth, on behalf the City of Fort Worth.
�` ,,,,,��;.,; . .` �.:- �=-:-�-.:_.-_:�:�` n . •ary Public, State of Texas
� : r : 4rfi: �"t`i S'it;{S�A
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y, ti��y Nr.!t;; , c��:'c:i� w. Ji�?tE: a;; �..Xt7S _
�o •�i"iy.~ #y.iv��'`'�f�. ^(?FY}'.IFCI;$
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After Recarding Retum to:
Cassandra Foreman
Planning and Development Department
1000 Throckmorton Street
Fort Worth TX, 76102
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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 Scott Clark, President, 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 4-Eleven Realty Partners, LLC, a Limited Liability Corporation, and
in the capacity therein stated.
C,�, VEN ITNDER MY HAND AND SEAL OF OFFICE this �� day of
��� .Zo��.
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�4].'� �1l:..,'3rd�1EJM:.Cii;)���� .�.- '�:
_ ������ ���� Notary Public in and for the
Not�ry Publio �
=�, �� StAiE 06 T�XAS �� State of Texas
:'��k o� h'� My Comm. Fxp. Mey I A. 2018 :
�
.. ..............:......,..,...........,......_-
2015 RO W Encroachment Agreement -Commerciat
Page 10 of 12
rev. 02/2015
TARRANT - TTS, TX Document:EAS 2017.107211 Page:10 of 20
Printed on:12/17/2024 2:22 PM
Page 11 of 20
LEGAL DESCRIPTION OF THE PROPERTY
2015 ROW Encroachment Agreement -Commercial
Page 11 of 12
rev. 02/2015
TARRANT - TTS, TX Document:EAS 2017.107211 Page:l l of 20
Printed on:12/17/2024 2:22 PM
Page 12 of 20
EXHIBIT ��A"
Location and Description of Encroachment and Improvements
2015 ROW Encroackunent Agreement -Commercial
Page 12 of 12
rev. 02/2015
TARRANT - TTS, TX Document:EAS 2017.107211 Page:12 of 20
Printed on:12/17/2024 2:22 PM
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SOUTH ELEVATION
411 S MAIN STREET
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EXISTING
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WORTH STANDARDS
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ASPHALT
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ISSUEDATE: 02-2L1017 �PROJECT#:161707
DAiE REVISIO COMMENTS
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ASPHALT SAWCUT & PATCHBACK
8" PORTLAND CEMENT CONCRETE
3,600 PSI AT 28 DAYS
REINFORCEMENT: #3 C� 18" O.C.E.W.
NOCHANGESARETOBEhV�ETOTGq WINGWITHOUTWRITTENPERIAISSI�NOFNARRISKOCHE0.5h71TH.
HARRIS DSN'�BY: A7M
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ICE & WILLIAMS 411 SOUTH MAIN ST. SMITH ORAWNBY: ATM
SITE GRADING PLAN '°'Fo�WOM Tezasss',oz16 S"t""°
P; 811.]69.62�9 F: B7� ]69.6298 161107
HartiSKocherSmiN.cOm
T9PE FimW�. F-15501 � TePLS FimW'.10196145 �� i
TARRANT - TTS, TX Document:EAS 2017.107211 Page:15 of 20
Printed on:12/17/2024 2:22 PM
Page 16 of 20
PROPO
SANITi
. CLEAN(
. INV = 64F
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MANHOLES SHALL BE 24"
DIAMETER TRAFFIC RATED
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EXISTING GRADE
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i AREA = 91 SQUARE FEET
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PER FORT WORTH PROJECT
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10 0 10
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ISSUEDATE:02-214017 PROJECTk:161107
� DATE REVISIO COMMENTS
ICE & WILLIAMS
TARRANT - TTS, TX Document:EAS 2017.107211
Printed on:12/17/2024 2:22 PM
1. ALL EXISTING INFRASTRUCTURE INCLUDING SIDEWALK TO BE
REPLACED AS NEEDED. EXISTWG GRADES SHALL BE
20 PRESERVED.
; 2. CONTRACTOR SHALL BE RESPONSIBLE FOR TAKING NECESSARY
PRECAUTIONS TO PROTECT EXISTING BUI�DWG FROM DAMAGE
DURING CONSTRUCTION.
NOCHPNGESARETOBEMADEiOiHIS�RAWINGWITHOUiWRITTENPERM1115510N �FHARRISKOCHERSURH.
I
HAR215 DSN'D BY: ATM
KOCHE2 CHK'DBY: ATM
411 SOUTH MAIN ST, Sn�ITH DRAWNBY: A7M
GREASE INTERCEPTOR EXHIBIT 701FohWotlhTexa51610216 5'�""°
P:81].7fi9.6279 F.817,769.fi298 161107
HarriSKocherSmith.com
TgPE Fi�mA'. F�15501 • TBPLS FrtMt:10194145 p a 2
Page:16 of 20
Page 17 of 20
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ENCROACHMENT
FLOOR PLAN
TARRANT - TTS, TX Document:EAS 2017.107211
Printed on:12/17/2024 2:22 PM
CANOPY 1 = 110 SF
CANOPY 2 = 32 SF
CANOPY 3 = 29 SF
ELECTRICAL METERS = 3 SF
DUMPSTER = 83 SF
GREASE TRAP = 91 SF
TOTAL = 348 SF
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Page:17 of 20
Page 18 of 20
��'�"1 ICE�W-1 OP ID; ES
'`�� R�� , CERTIFICATE OF LIABILITY INSURANCE I�oaiosi2o�
THIS CERTIFICATE IS ISSUEO AS A RAATTER OF INFORPAATION ONLY ANp CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(Sj, AUTHORIZED
REPRESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certiflcate hoider is an ADDIT40NAL INSURED, the poBcy(iesy must be endorsed. If SUBROGATION iS WAIVED, subJect to
the terms and condftions of the policy, certain polfcles may requka an endorsemeirt. A statement on this certiflc�e does not corrfer rlgMs to the
certfflcate holder in lieu of such endorsement(s►.
PROOUCER CUNTACi
� ruME: Elizabeth Sommers
Kllpatrick Insurance PHONE F�%
Agency, Inc. � u�o. e.s: 817-731-8771 � puc, Na�: 817-731-0520
2410 Montgomery strael aooRess: elizabeth�ikilpatrickinsurance.com
Ft. Wotth, TX 76107
AIB7( AfI37f5 INSURER(Sj AFFOROMG COYERAGE NAIC f
�►,su+xERn: Evanston Insurance Company 35378
INSURED Ice 8 Williams, LLC iwsua�Re:
4-Eleven Realty Partners LLC INSURERC:
James Ice
1700 6th Ave I INSURERO:
Fort Worth, TX 76110 I�NSURERE:
I INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION Nl1MBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 1NSUftED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY RE�UIREMEPIT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICN THIS
CERTIFICR7E MAY BE ISSUED OR MAY PERT 11N, THE INSl1RANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLIC ES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR 7ypE OF INSURANCE ADOL SUBR POLICY EFF POIiCY EXP ��M��
LTR IN3� }Xv[l POLICY NUMBER tMMI�OIYYYYI @7M(DONYYI1
A X COMMERC4il. GENERAL LIABILITY EACH OCCURRENCE I S 'I �OOO,OOO
� CLAIMS-MnDE � occurt X 3AA129547
��GEN'L AGGREGATE LIMIT APP�IES PER:
� POLICY ❑ PR� � LOC
JECT
I OTHER:
AUTOMOBILE LIABILtT'/
ANY AUiO
ALL OWNED SCHEDULED
AIIrOS AUTOS
NON OWNED
HIREDAUTOS AUTOS
UMBREL4A LIAB I I OCCUR
E%CE3S LIAB � � GLAIMS-MADE
DED I � RETENTION $
WO ERS cQMPENSATION
AND EMPLOYERS' LIABILT' Y f N
ANY PROPRIETOWPARTNERIEXECUTIVE
OFFICERIM�MOERCXCWOED? � N��+
(ManAatory In NH)
If yes, desCnbe under
DESCRIPTION OF OPERATIONS below
03N 7(2017 03(i 7/ZOi S DMMGE TO RENTED I .� 00,00�
PREMISES (Ea occurrenceJ $
I MED EXP (Any one Derson} I$ �����
� aeRsoriw a aDv iN�uRv g 1,000,000
I GENERAL AGGREGA7E $ 1�OOQ�OOO
I PRODUCTS - COMPlGP AGG $ Excluded
COMBINED SINGLE LIMIT $
(Ee accidenti
BODILYINJURY(Perperson) $
BODILYINJURY(PeraccidertJ $
PROPERTY DAMAGE $
(Per accldent)
IEACN OCCURRENCE $
IAGGREGATE $
I $
I I S ATUTE 1 I RT�
I EL EACHACQDENT $
E�.DISEASE-EAEMPLOYEE $
E L. DISEASE - POLICY LIMIT $
�ESCRIPTtON OF OPERATONS t LOCATIONS 1 VEHICLES (ACORD 107, Additlonal RemerNa Schedule, msy be aUachetl Ifmoro space is reqWre�
CERTIFlCATE HOLDER
CANCELLATION
CITOF-1
SHOULD ANY OF THE ABOVE DESCRIBED POLfGEB BE CANCELLED BEFORE
CI of Fort WoRh De artment THE EXPIRATION DATE THEREOF, NOTICE NALI. BE DELIVERED IN
tY P ACCORDANCE YYITH TNE POLICY pROVISIONS.
cf Development
David Schroeder, Planner pU7HORREDREPRESENTATNE
1�00 Throckmorton
Fort Worth, TX 76102 � �-�.1���
i
OO 1888-2014 ACORD CORPORATION. AII rights reserved.
ACORD 25 {2014/01} TheACORD narne and logo are registered marks ofACORD
TARRANT - TTS, TX Document:EAS 2017.107211
Printed on:12/17/2024 2:22 PM
Page:18 of 20
Page 19 of 20
Cos�tract 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 reporting requirements.
[/_ ' ' jr . !�
• • • • -
�
" . �t. ./ // i� / 1 M
TARRANT - TTS, TX Document:EAS 2017.107211 Page:19 of 20
Printed on:12/17/2024 2:22 PM
Page 20 of 20
MARY LOUISE GARCIA .�l,,.��,�`
L
COUNTY CLERK � � �;
,x �,.
��,�� � � + � �
•«....,.•.
CITY OF FORT WORTH
ALEX PARKS
1000 THROCKMORTON STREET
FT WORTH, TX 76102
Submitter: CITY OF FORT
WORTHJDEVELOPMENT &
PLANNING
DO NOT DESTROY
WARN/NG - THiS iS PART OF THE OFFICIAL RECORD.
Filed For Registration:
Instrument #:
By.
c,.
+9-e�-� �iu u.c.
5/9 5/201 7 8:08 AM
D217147211
OPR 20
100 West Weatherford Fort Worth, TX 76196-0401
PHONE (817) 884-1 f 95
PGS $88.00
D217107211
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERP,L LAW.
TARRANT - TTS, TX Document:EAS 2017.107211 Page:20 of 20
Printed on:12/17/2024 2:22 PM
�
Page 1 of 10
CITYSECRETARY� � � � ,
CONTRACT N0. ��J � �" I
FIRST AMENDMENT
TO CITY SECRETARY CONTRACT NO. 49017
ENCROACHMENT AGREEMENT
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 49017,
ENCROACHMENT AGREEMENT is made and entered into by and between the CITY OF
FORT WORTH, a municipal corporation of Tarrant County, Texas, acting herein by and through
its duly authorized City Manager, its duly designated Assistant City Manager or Planning and
Development Di'rector, hereinafter referred to as the "City," and 4 Eleven Realty Partners, LLC,
acting herein by and through its duly authorized representative, hereinafter referred to as
"Licensee".
RECITALS
WHEREAS, the City of Fort Worth ("City") and Licensee made and entered into City
Secretary Contract No. 49017 on Apri125, 2017 (the "Agreement") to authorize the use of right-of-
way for the construction of features to be located in the public right-of-way; and
WHEREAS, the parties wish to amend the Agreement to add additional South Main
sidewalk details; and
WHEREAS, it is the mutual desire of City and Licensee to execute this Amendment to the
Agreement to revise the e�ibit 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-1 is hereby attached hereto and incorporated herein to the Agreement, consisting
of a revised description of the encroaching improvements.
First Amendment to CSC No. 49017
4-Eleven Realty Partners, LLC
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TARRANT - TTS, TX Document:AGR 2017.191863 Page:l of l0
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2.
All other provisions of the Agreement which are not expressly amended herein shall remain
in full force and effect
EXECUTED on this the �_ day of , 2017.
CITY OF
. �
Director, De�artment of Planning and Development
Approved as to Form and Legality:
c
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P� e Meb
Assistant City Attorney
4-Eleven Realty Partners, LLC:
By: �i'-i�'�-' � �
Printed Name: Scott Clark
Title: President
STATE OF TEXAS
COUNTY OF TARRANT
.
Attested by:
,G(.il. �
M J. Kayser
City Secretary
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BEFORE ME, the undersigned authority, a Notary Public in and for the State of
First Amendment to CSC No. 49017
4-Eleven Realty Partners, LLC
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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.
GIVEN LTNDER MY HAND AND SEAL OF OFFICE this �� day of , 2017.
:
J.C. MdAR7'HY '
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STATE OF TEXAS
COUNTY OF TARRANT
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Not ic, State of Texas 0
BEFORE ME, the undersigned authority, a Notaiy Public in and for the State of
Texas, on this day personally appeared Scott Clark, President, known to me to be the person
whose name is subscribed to the foregoing inst�utnent, and acknowledged to me that he/she
executed the same for the purposes and consideration therein expressed, as the act and deed of 4-
Eleven Realty Partners, LLC, and in the capacity therein stated.
GIVEN iTNDER MY HAND AND SEAL OF OFFICE this 3rd day of July, 2017.
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CwuMuiw�N 12��N7Si
E�epi►�s: 02/1#RO�!
First Amendment to CSC No. 49017
4-Eleven Realty Partners, LLC
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Not� Pub 'c, tate of Texas
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Exhibit A-1
Revised Description of Encroachment Improvements
First Amendment to CSC No. 49017
4-Eleven Realty Partners, LLC
TARRANT - TTS, TX Document:AGR 2017.191863 Page:4 of l0
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LOT 1
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W.B. TUCKER'S ADDI110N
VOL 63, PG. 123
M.R.T.C.T.
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41 1 SOUTH MAIN STREET
WEST ELEVATI�N
TARRANT - TTS, TX Document:AGR 2017.191863
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NEW ENTRY PLATFORM = 199 SF
41 1 SOUTH MAIN STREET
ENCROACHMENT SIQEWALK PLAN
TARRANT - TTS, TX Document:AGR 2017.191863
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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 reporting requirements.
Janie S. Morales �������5
Development Manager
TARRANT - TTS, TX Document:AGR 2017.191863 Page:9 of l0
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MARY LOUISE GARCIA
COUNTY CLERK �
���"�;
CITY OF FORT WORTH
1000 THROCKMORTON ST
FT WORTH, TX 76102
Submitter: CITY OF FORT
WORTH/DEVELOPMENT &
PLANNING
DO NOT D�S�TROY
WARN/NG - TH/S lS PART OF THE OFF/C/AL RECORD.
Filed For Registration: 8/18/2017 3:53 PM
Instrument#: D217191863
A 10
BY:
f � y '
100 West Weatherford Fort Worth, TX 76196-0401
PHONE (817) 884-1195
PGS $48.00
D217191863
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
TARRANT - TTS, TX Document:AGR 2017.191863 Page:10 of l0
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EXHIBIT B, REVISED
CERTIFICATE OF INSURANCE
Encroachment Assignment Agreement Page 9 of 9
Rev 12/2022