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HomeMy WebLinkAboutRES 072517-J - Agmt 3834 Mgmt LLCRESOLUTION NO. 6-1 DS I —) - Y RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN MAKING CERTAIN DETERMINATIONS AND AUTHORIZING THE MAYOR TO EXECUTE CONSENTS TO THE ASSIGNEMENTS OF A PARKING SPACE LICENSE AGREEMENT AND COMPROMISE AND SETTLEMENT AGREEMENT IN LIEU OF CONDEMNATION PERTAINING TO TWO TRACTS OF PROPERTY LOCATED ON MAIN STREET BETWEEN 8TH STREET AND 9TH STREET. WHEREAS, the City of Georgetown (the City), on October 11, 2016 authorized the exchange of a tract of land located on Main Street between 8th Street and 91h Street for an adjacent tract; and WHEREAS, the City entered into a Compromise and Settlement Agreement in Lieu of Condemnation (the "Compromise Agreement") and Parking Space License Agreement (the "Parking Agreement") with the adjacent landowner, 3834 Management, L.L.C., to effectuate the exchange; and, WHEREAS, both parties are preparing for the imminent completion of the exchange; and WHEREAS, to facilitate the exchange and clarify title to the properties, 3834 Management, L.L.C. has transferred its interests in and to its Main Street property and agreements to 815 Main Street, L.L.C.; and WHEREAS, the City has received a request to consent to (1) the Assignment of Agreement and Assumption of the Compromise Agreement, attached hereto as Exhibit "A", and (2) the Assignment of Agreement and Assumption of the Parking Agreement, attached hereto as Exhibit "B"; and, WHEREAS, the City's consent is necessary to execute both assignments and move towards completion of the exchange; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. Resolution No. 0-7 a S 1-�- S Description: Assignme t of. greesnents, 815 N. Main Date Approved: )L S I Page 1 of 2 SECTION 2. The Mayor is hereby authorized to execute (1) the Assignment of Agreement and Assumption of the Compromise Agreement, attached hereto as Exhibit "A", and (2) the Assignment of Agreement and Assumption of the Parking Agreement, attached hereto as Exhibit 'B"; SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this �5 day ofsU -L"( , 2017. CITY OF GEORGETOWN Dale Ross, Mayor APPROVED AS TO FORM: Charlie McNabb, City Attorney ATTEST: I ��& - 4�QJLn Shelley Nowl' ),City Secretary Resolution No. Description: Assignment of Agreements, 815 N. Main Date Approved: I I 2�5 q Page 2 of 2 ASSIGNMENT OF AGREEMENT AND ASSUMPTION THIS ASSIGNMENT OF AGREEMENT AND ASSUMPTION ("Assignment") is made and entered into as of the date of execution below (the "Effective Date") by and between 3834 Partners, Ltd., a Texas limited partnership ("Assignor"), and 815 Main Street, L.L.C., a Texas limited liability company ("Assignee"), and the contract being assigned is that certain Compromise and Settlement Agreement in Lieu of Condemnation (the "Agreement"), between Assignor and the City of Georgetown, Texas (the "Lity"), regarding the real property and improvements located in Georgetown, Williamson County, Texas as more particularly described in the Agreement ("Property"), which Assignor agrees to assign and Assignee agrees to assume in exchange for the good and valuable consideration provided by the other herein. NOW THEREFORE, Assignor, Assignee, and the City agree, in exchange for the good and valuable consideration provided by the others herein, to the following: Assignor hereby assigns the Agreement between Assignor and the City to Assignee, who hereby accepts the assignment and assumes all of Assignor's rights and obligations as set forth therein from and after the Effective Date. (SIGNATURES ON THE FOLLOWING PAGE( EXECUTED in multiple copies with separate signature pages to facilitate closing on this the _day of 92017. ASSIGNOR: 3834 Partners, Ltd., a Texas limited partnership By: 3834 Management, L.L.C., a Texas limited liability company, its general partner am Patrick Watkins, Its Manager ASSIGNEE: 815 Main Street, L.L.C., a Texas limited liability company Patrick Watkins, Manager The City is executing this assignment merely as an acknowledgment of and consent to the assignment. CITY: CITY OF GEORGETOWN, TEXAS A Home Rule Municipal Corporation By: DALE ROSS, Mayor APPROVED Tq FORM: By: � r ie McNabb, City Attorney ASSIGNMENT OF AGREEMENT AND ASSUMPTION THIS ASSIGNMENT OF AGREEMENT AND ASSUMPTION ("Assignment") is made and entered into as of the date of execution below (the "Effective Date") by and between 3834 Partners, Ltd., a Texas limited partnership ("Assignor"), and 815 Main Street, L.L.C., a Texas limited liability company ("Assignee"), and the contract being assigned is that certain Parking Space License Agreement (the "Agreement"), between Assignor and the City of Georgetown, Texas (the "LLty"), regarding the real property and improvements located in Georgetown, Williamson County, Texas as more particularly described in the Agreement ("Property'), which Assignor agrees to assign and Assignee agrees to assume in exchange for the good and valuable consideration provided by the other herein. NOW THEREFORE, Assignor, Assignee, and the City agree, in exchange for the good and valuable consideration provided by the others herein, to the following: Assignor hereby assigns the Agreement between Assignor and the City to Assignee, who hereby accepts the assignment and assumes all of Assignor's rights and obligations as set forth therein from and after the Effective Date. ISIGNA TURES ON THE FOLLOWING PAGEI EXECUTED in multiple copies with separate signature pages to facilitate closing on this the _day of .2017. ASSIGNOR: 3834 Partners, Ltd., a Texas limited partnership By: 3834 Management, L.L.C., a Texas limited liability company, its general partner By: Patrick Watkins, Its Manager ASSIGNEE: 815 Main Street, L.L.C., a Texas limited liability company Patrick Watkins, Manager The City is executing this assignment merely as an acknowledgment of and consent to the assignment. CITY: CITY OF GEORGETOWN, TEXAS A Home Rule M icip rporation By: DALE R ayor APPROVED 0 TO FORM: 00, By: Z4--Z� 5;� Charlie Mc abb, City ttorney Watkins Ins. July 17, 2017 1:564 0 0.0045 0.009 0.018 mi Parcels 0 0.005 0.01 0.02 km City of Georgetown Systems Engineering Source: Esn, DigtalGlobe, Geo Eye, Earthstar Geographics, CNES/Airbus Web A ppB uilde r fa ArcGIS