HomeMy WebLinkAboutContract 40931CTY SECRFTARY
CONTRPCT NO.
ENCROACHMENT AGREEMENT
STATF 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 Planning and Development Department Director,
hereinafter referred to as the "City", and Historic Mehl Building, Ltd., P.O. Box
530663, Grand Prairie, TX, acting herein by and through its general partner and
its duly authorized Manager, Mike Dolabi, hereinafter referred to as "Grantee",
Owner of the property located at 1200 West Magnolia Avenue, Fort Worth,
Tarrant County, Texas. ("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,
sidewalks and other public rights -of -way, such Improvement(s) are described as
follows:
10-03-10 P03
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
t51) I r!
Install a canvas awning at the east entry on Henderson Street. Awning is 11'-6.5"
wide and projects from the building face 3'-6" and is 8'-2" above the sidewalk
at the lowest point and is -' 5' behind the curb face.
Install a neon sign on the southeast corner, Henderson Street and West Magnolia
Avenue. The sign is 14'-9.5" above the sidewalk and extends out from the corner
3'-0" and is 1'-0" at the widest section.
And as more particularly described on the attached drawings.
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 for 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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3.
Upon completion of construction and installation of said Improvement and
thereafter, there shall be no encroachments in, under, on or above the surface
area of the streets, alleys, sidewalks and other public rights -of -way involved,
except as described herein and shown on the hereinabove referred to Exhibit "A".
4.
Grantee, 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 the utility companies and the appropriate agencies of the State 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, Grantee shall pay to City an additional amount equal to
such additional cost as determined by the Director of Transportation and Public
Works of the City, or his duly authorized representative.
5.
City may enter and utilize the referenced areas at any time for the purpose
of installing or maintaining improvements necessary for the health, safety and
welfare of the public or for any other public purpose. In this regard, Grantee
understands and agrees that City shall bear no responsibility or liability for
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damage or disruption of improvements installed by Grantee or its successors, but
City will make reasonable efforts to minimize such damage.
6.
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,
Grantee agrees to pay to City at the time this Agreement is executed a fee in the
sum of Two Hundred Seventy -Five Dollars ($275.00).
7.
The term of this Agreement shall be for thirty years, commencing on the date this
Agreement is executed by the City of Fort Worth.
8.
Upon termination of this Agreement, Grantee shall, at the option of City
and at no expense to City, restore the public right-of-way and remove the
Improvement encroaching into the public right-of-way, to a condition acceptable
to the Director of Transportation and Public Works, or his duly authorized
representative, and in accordance with then existing City specifications. It is
understood and agreed to by Grantee that if this Agreement terminates and
Grantee fails to remove the Improvement, Owner hereby gives City permission to
remove the Improvement and any supporting structures and assess a lien on the
Property for the costs expended by the City to remove such Improvement.
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9.
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.
10.
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 respondent superior shall
not apply as between City and Grantee, its officers, 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
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OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, 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, 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:
$1,000,000 Commercial General Liability
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.
After being recorded, the original shall be returned to the City Secretary of the
City of Fort Worth, Texas.
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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 j V day of O Cto'aQ,t , 20(b .
City
City of Fort Worth
By:
Susari AIp is,
Director
Planning and Development
ATTEST:
Grantee (Historic Mehl Building, Ltd.)
By: HMB GP, LLC
Its: General Partner
By:
Name: Mike Dolabi
Title: Manager
Approved As To Form And Legality
1a1\n. i iLa 'ROO
City Secre u ry Assistant City Attorney
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OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, TX
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 Susan Alanis, 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 01 FICE this
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Notary Public n a�� the
State of Texas
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R. G. NAREZ
Notary Public, State of Texas
My Commission Expires
September 10, 20
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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 Mike Dolabi, Manager, 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 HMB GP, LLC as
general partner and on behalf of Historic Mehl Building, Ltd., and in the capacity
therein stated.
IVEN UNDER MY HAND AND SEAL OF OFFICE this aday of
, 20 ID .
SHAWNA ESKINS
Notary Public, State of Texas
My Commission Expires
March 07, 2012
Notary Public in and for the
State of Texas
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1. Slue neon is 1 Smm
2. Yellow neon copy "MEHL" is 1 Smm
3. All other yellow neon copy Smm
4. Sign requires (2) Transformers
5. One 1 ER volt transformer for Slue Neon
6. One 1 5k volt transformer for Yellow Neon.
7. All necessary GTO shielded wiring.
BLADE SIGN WITH NEON LIGHTING DOUBLE SIDED
CORNER OF MAGNOLIA AND HENDERSON
BBB ALL LOGOS AND ARTWORK ARE PROPERTY Of LEGACY SIGNS OF TEXAS
AND WILL NOT BE ALLOW EDTO USE WITHOUT PERMISSION,
10395 Alta Vlsta Rd. Ste 200
Keller, Texas
OFFICE: 817-431-5792
FAX: 817-431-5799
ALL DESIGNS ARE THE SOLE PROPERTY OF LEGACY SIGNS OF TEXAS AND MAY
NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT WRITTEN PERMISSION
FROM LEGACY SIGNS OF TEXAS
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Customer And Address:
Historic Mehl Bldg.
1200 W. Magnolia
Fort Worth, Texas
Account Rep:
Customer Contact.:
Drawn By:
Date In:
7/1/2010
Van Miller
Nelson Booth
Keith Hufnagle
Revision Date:
Customer Approval & Date
Landlord Approval & Date
Sheet Number:
Design Number:
BuildingAgns
S13
S12
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NEON SIGN
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OFFICIAL REC9RD
CITY SECRETARY
FT. WORTH, TA
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JOINT CONSENT OF
THE MEMBERS AND MANAGERS
OF
HMB GP, LLC
Pursuant to Section 6.201(b) of the Texas Business Organizations Code (the "Code"), the
undersigned, being all of the Members and the Managers of HMB GP, LLC, a Texas limited
liability company (the "Company"), do hereby certify that the attached Certificate of Formation
is a true and correct copy of the certificate of Formation for Historic Mehl Building, Ltd., and
further do hereby adopt the following resolutions and waive any notice of time, place or purpose
of any meeting which may be required under the Regulations of the Company, the Certificate of
Formation of the Company or the Code.
RESOLVED, that Mike Dolabi, as Manager of the Company, as general partner of Historic
Mehl Building, Ltd. (the "Partnership"), is hereby authorized to execute an Encroachment
Agreement with the City of Fort Worth (the "City"), upon such terms and conditions as the
Manager shall in its sole discretion deem necessary or advisable; and to execute and deliver
on behalf of the Company, as general partner of the Partnership, any and all other
instruments, documents, certificates and agreements required by the City in connection with
such Encroachment Agreement.
DATED effective as of July a, 2010.
Ray B
Dolabi, Member and Manager
kA4k
Alan Hurshman, Member and Manager
BEING ALL OF THE MEMBERS AND THE MANAGERS OF THE COMPANY.
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Corporations Section
P.O Box 10697
Austin, Texas 78711-3697
Office of the Secretary of State
CERTIFICATE OF FILING
OF
Historic Mchl Building, Ltd.
Filing Number: 800472816
Roger Williams
Secretary of State
The undersigned, as Secretary of State of Texas, hereby certifies that a certificate of limited partnership
for the above named limited partnership has been received in this office and filed as provided by law on
the date shown below
Accordingly, the undersigned, as Secretary of State hereby issues this Certificate evidencing the filing in
this office.
Dated: 03/29/2005
Effective: 03/29/2005
Roger Williams
Secretary of State
Come visit us on the internet at http://www.sos.state.tx.us/
Phone: (512) 463-5555 Fax: (512) 463-5709 11 Y: 7-1-1
Prepared by: Virginia Tobias Document: 86772770002
da r ?9 2C05 8:59A.M BRUNER JAM1 ESON & PAPPAS !LP
CERTIf]F'ICA 1 E OF LIMI'I'j,D PARTNERSHIP OF
HISTORIC M F{ , BUILDING, LTD.
THE STATE OF TEXAS SC
COUATJ'F OF TARJ I T
INo•5507 P, 5/5
hLE D
In the Office of the
Secretary of State of Texas
MAR 2 H 2O.05
Corporations Section
The undersigned General Partner, desiring to form a Limited Partnership under the
provisions of the Texas Revised Civil Limited Partnership Act, Article 6132a-1 of the Civil Statutes
of the State of Texas, certifies as follows:
1.. The name of the Partnership is Historic Mehl Building, Ltd.
2 "ire address of the Partnership's registered office is 1223 South Main Street, Fort
Worth, Texas 76104. The name of the Partnerslup's registered agent for service of
process Is Frances E McCarthy, Manager of I-IMB GP, LLC. The address of the
registered agent is 1223 South Main Street, Fort Worth, Texas 76104..
3. The address of the principal office where records are required to be kept or made
available is 1223 South Main Street, Fort Worth, Texas 76104..
4. The mailing address and street address of the sole General Partner is 1223 South
Main Street, Fort Worth, Texas 76104.
This Certificate of' Limited Partnership shall be effective on the filing of this
certificate with the Secretary of State.
The General Partner of the Limited Partnership is I[MB GP, LLC, a Texas Limited
Liability Company..
GENERAL PARTNER:.
HMB GP, LLC
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Frances E McCarth , Manager
L