HomeMy WebLinkAboutContract 35456 (2)Q� �
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ENCROACHMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS 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 or duly designated Assistant City
Manager, hereinafter referred to as the "City", and Bill Brammer, Owner of
fusion29 - visual communication, 101 South Jennings Avenue,
Fort worth, Texas 76104 acting herein by and through its duly authorized
Joe Self, AIA - 2945 Lubbock Avenue, Fort Worth, Texas
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7 610 9( 817 - 921-2111) hereinafter referred to as "Grantee", Owner of the
property located at 716 South Jennings Avenue, Fort Worth, Texas
7 610 4 ("Property").
WITNESSETH:
1.
For and in consideration of the payment by Grantee of the fee set out
below and the true and faithful performance of the mutual covenants herein
contained, City hereby grants to Grantee permission to construct/ install and/or
allow to remain, Improvement(s) ("Improvement") that encroaches upon, uses
and/or occupies portions of the space under, on and/or above the streets, alleys,
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�� sidewalks and other public rights-of-way, such Improvement(s) are described as
follows:
The encroachment is a 2'-6" projection into the public
right of way measuring 10'-8" wide and at a height of 15'-
6" above the sidewalk. The projection itself is
approximately 1'-0" high. The projection will have
recessed lighting on the underside to illuminate the corner
of the building.
This detail is important to highlight the corner of the
building in a manner that is aesthetically seamless and
does not reduce the square footage of the building. The
;� lighting will create a well-lighted secure corne�.
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The design tradition within this area is to announce the
�leading edge of a corner building. This design element is
, a reinterpretation of the illuminated corner in a
traditional urban setting.
The location and description of said Improvement and the encroachment is more
( particularly described in Exhibit "A", attached hereto, incorporated herein and
made a part hereof fQr all purposes.
2.
All construction, maintenance and operation in connection with such
Improvement, use and occupancy shall be performed in strict compliance with
this Agreement and the Charter, Ordinances and Codes of the City and in
accordance with the directions of the Director of Transportation and Public Works
of City, or his duly authorized representative. All plans and specifications thereof
shall be subject to the prior written approval of the Director of Transportation and
Public Works, or his duly authorized representative, but such approval shall not
relieve Grantee of responsibility and liability for concept, design and computation
( in preparation of such plans and specifications.
�
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It is further understood and agreed upon between the parties hereto that
the public rights-of-way, alleys, sidewalks ("public right-of-way") to be used and
encroached upon as described herein, are 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 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 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 right of way to be
used for any other public purpose, including but not being limited to underground,
( surFace of overhead communication, drainage, sanitary sewerage, transmission
of natural or electricity, or any other public purpose, whether presently
contemplated or not, that this Agreement shall automatically terminate.
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Grantee understands and agrees that the granting of any encroachment
hereunder is not meant to convey to Grantee any right to use or occupy property
in which a third party may have an interest, and Grantee agrees that it will obtain
all necessary permission before occupying such property.
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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 and maintenance of said Improvement, encroachment
and uses.
12.
Grantee 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.
Grantee 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 Grantee 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 Grantee, its o�cers, agents, servants, employees,
contractors and subcontractors, and nothing herein shall be construed as
creating a partnership or joint enterprise between City and Grantee.
14.
GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
6
( OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR SUtTS FOR PROPERTY DAMAGE OR LOSS
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE,
EXISTENCE OR LOCATION OF SAID IMPROVEMENT 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 OR INVITEES OF THE CITY; AND
� GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. GRANTEE 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 ANY AND ALL ACTS OR OMISSIONS OF GRANTEE,
ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS.
15.
While this Agreement is in effect, Grantee 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 located and
�
� described in Exhibit "A". The amounts of such insurance shall be not less than
the following:
Property damage, per occurrence
Bodily injury, per person
Bodily injury or death, per occurrence
$100,000
$250,000
$500,000
with the understanding of and agreement by Grantee that such insurance
amounts shall be revised upward at City's option and that Grantee shall so revise
such amounts immediately following notice to Grantee of such requirement.
Such insurance policy shall provide that it cannot be canceled or amended
without at least ten (10) days prior written notice to the Building Official of the City
of Fort Worth. A copy of such Certificate of Insurance is attached as attached as
Exhibit "B". Grantee agrees to submit a similar Certificate of Insurance annually
to City on the anniversary date of the execution of this Agreement.
Grantee 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 city streets. All insurance coverage required
herein shall include coverage of all Grantee's contractors.
16.
Grantee agrees to deposit with the 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 Tarrant County, Texas.
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� After being recorded, the original shall be returned to the City Secretary of the
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City of Fort Worth, Texas
17.
In any action brought by the City for the enforcement of the obligations of
Grantee, City shall be entitled to recover interest and reasonable attorney's fees.
18.
Grantee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this contract without the prior written approval of the
City Manager or designee. Any attempted assignment without prior written
approval will be void.
19.
THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION
CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF
THIS AGREEMENT.
20.
This Agreement shall be binding upon the parties hereto, their successors
and assigns.
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EXECUTED this �� day of
C ity
City of Fort Worth
Bv� e,d,�����—� -
Ferr�aNde �;u�
Director
ATTEST:
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Grantee
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Name:�.�vr�,ta.,�$�JA�M 'v�-
Title: /�1A1��
Approved As To Form And Legality
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Assistant City Attorney
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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 ��rµ��+�m Cox�, 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 UNDER MY HAND AND SEAL OF OFFICE this ' `� day of
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Notary Public in and for the
State of Texas
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� STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the
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State of Texas, on this day personally appeared ;'7�,i�����/Il�'rt�'���_ �- ;_�°
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
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,-- GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,�� day of
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No�ary�u ic in and f r the
State of Texas
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Notary PubHc, Stnte of Ts�e
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F4RT WORTH
March 20, 2007
William H. Brammer, Jr.
4212 Blackhaw Ave.
Fort Worth, TX 76109
Re.: Neighbor600d Empowermeut Zone (NEZ) Project Certification
Dear Mr. Brammer:
W e are pleased to inform you that your application for NEZ project certification for the following property has
been approved:
. 716 S. Jennings Ave., Fort Worth; Grainger ls` Addition; Block 2 SS', Lot 4 A115 & 6; TAD# 01085727; MV-C-0113
This property is eligible for the fo[lowing NEZ incentives, if applic;able:
]. Waiver of all building permit related fees (including plans review and inspections)
2. Waiver of all impact fees
3. Waiver of plat application tiee (incfuding pre[iminary plat, final plat, short form replat)
4. Waiver of Board of Adjustment application fee
5. . Waivcr of demolition fee
� 6. Waiver of structure moving fee
7, Waiver of Community Facilities Agreement (CFA) application fee
8. Waiver of zoning application fee
9. Waiver of street and utility easement vacation application fee
10. Ordinance Inspection fees
11. ConsendF,ncroachment agreement application fees
We have informed the Development Department and the Water Department of this approval. If you have any
problems in receiving the above incentives or have ather questions regarding the NEZ Program, please contact
me at (817) 392-7316.
By this letter, the City is not apProving any tax abatement for the above property. To receive tax
abatement, the owner will neecl to enter into a tax abatement agreement with the City of Fart Warth
before baitding permits are Pulled.
Sincerely,
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Sarah Odlc
Administrative Assistant
HOUSING DEPARTMEIVT
� NCIGHBORHOOD PLANN(NG/MODEL BLOCKS/NEZ PROGRAM
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� 20' BUILDING SETBACK
Q REAR YARD SETBACK
Q TRASH ENCLOSURE WITH GATE
C] ASPHALT PAVED AREA
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Q6 NEW 3" CALIPER MIN. TREE IN IRRIGATED AREA - PROVIDE
APPROVED SPECIES.
� COVERED PARKING - DETACHED FROM BUILDING
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Q EXISTING SIDEWALK AND RAMP TO REMAIN
10 EXISTING CURB TO REMAIN
11 NEW CURB CUT
12 CANOPY
13 NEW SIDEWALK
C�1 4 �ONCRETE PAVED AREA WITH 3" INVERT
PER CITY REQUIREMENTS.
AT CENTER AND
15 ACCESSIBLE PARKING SIGN. 60" ABOVE FIN. GRADE.
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1 6 5' P.O.S.E. (CORNER CLIP)
17 DOWNSPOUT - DRAIN TO FACE OF CURB
18 36" HIGH SCREENING SHRUB - 5 GALLON
19 ACCESSIBLE RAMP PER T.A.S.
20 TAMPER-PROOF & FROST-PROOF HOSE BIB
21 NEW CURB
22 PAINTED ARROW
23 IRRIGATED AREA
24 5'-0" OUTSIDE RADIUS
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