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HomeMy WebLinkAboutContract 31575 n _29_05AJ9 : 0 rcva CITY SECRETARY CONTRACT NO. 1J 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 N . P . Anderson Cotton Exchange , L . P . acting herein by and through its duly authorized Fort Worth Cotton Exchange Invest , L . P . , General Partner hereinafter referred to as "Grantee", Owner of the property located at 411 W. 7th Street ("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: Existing basement below sidewalk on north and west side . Existing building beyond property line on west side and at southeast corner . Existing basement below paving in alley at southeast corner to be used for secondary egress from basement . A new canopy to extend from north face of building . A new sidewalk lift at northeast corner . A new glass block inset in the sidewalk at the north entry . An existing metal cover plate on the north side to be removed and the opening filled with new sidewalk . 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. 2 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 sfFK71":I r 05 w S �`r4 5 =_,`'Y 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: Four Hundred, eight-five and no/100 Dollars ($485. 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 because the Business ceases to operate 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. tL��d! C 9. It is further understood and agreed upon between the parties hereto that the City streets, alleys, sidewalks and other public rights-of-way, including the portions of such streets, alleys, sidewalks and other public rights-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 streets 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 streets for the use and benefit of the public. It is accordingly agreed that if the governing body of City should at any time during the term hereof determine in its sole discretion to use or cause or permit the said portions of the streets, alleys, sidewalks and other rights-of-way to be used for any other public purpose, including but not being 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, then this Agreement shall be automatically canceled or terminated. 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. 5 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 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 6 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 L`' described in Exhibit "A". The amounts of such insurance shall be not less than the following: Property damage, per occurrence $100,000 Bodily injury, per person $250,000 Bodily injury or death, per occurrence $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. s After being recorded, the original shall be returned to the City Secretary of the 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. 9 EXECUTED this day of "ILLLI 20C�5 CITY OF FO T WORTH, G TOR �5 �„� , GRANTEE By: By: 4S1--J Dale Fisseler, Asst. City Mgr. ATTEST: APPROVED A'f� TO FORM AND LEGALITY City Secreta City Attorney (2-ac) Contrace Authorizatioa r � NP ANDERSON COTTON EXCHANGE,L.P., a Texas limited partnership Date By: FW COTTON EXCHANGE INVEST, L.P., a Texas limited partnership By: M.C. Smith Realty, LLC, a Texas limited liability company its sole general partner By: Mark Clay WtK Manager OFFICIAL RECORD CIT' RUMP 10 F1 WINK YEN, 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 Dale Fisseler, 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 Qt' A day of 20o. Notary Public in and for the State of Texas KATHY F.DURHAM MY COMMISSION EXPIRES January 24,2009 r. 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 ,1L4.Li- Lees , 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 ZGvi, �., /�.0 5��� � and in the capacity therein stated. IVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 Or . 7 ky LOR a�bi;� Notary Public in and fo he E � F TEXAS State of Texas �rFaF yC-3 T ,vires 04-01-2005 N L r �lCl ii Miti� 12 Exihibit "A" EXISTING ENCROACHMENTS: 1. A portion of the existing basement extends beyond the property line, below the sidewalk, along the north side of the building and a portion of the west side of the building (Reference Attachment A) 2. A portion of the existing building extends beyond the property line along the west side of the building and also at the southeast corner of the building. This was originally part of a Consent Agreement as indicated on the surrey. (Reference Attachment A) 3. A portion of the existing basement extends beyond the property line, below the alley paving, at the southeast corner of the building. A secondary means of egress from the basement is proposed at this location by removing the paving over the space below and providing a stair that will discharge into the alley, which runs along the south side of the building. A metal grate and a fenced enclosure will cover the stair,but these will not impede pedestrian access through the alleyway. (Reference Attachment$) PROPOSED ENCROACHMENTS: 4. A new canopy is proposed to extend from the north face of the building, above the entry. (Reference Attachment C) 5. A new sidewalk lift is proposed to be located in the existing sidewalk at the northeast corner of the building,which will serve a trash collection room in the basement below. (Reference Attachment D) A new inset of glass block is proposed to be located in the existing sidewalk in front of the entry on the north side of the building. The glass block will 1 support pedestrian and freight traffic and will be illuminated from the basement below. Y—U (Reference Attachment D) 7. An existingmetal cover late in the existing sidewalk on the north side of the P g building is proposed to be removed and the opening filled with a new section of structural concrete sidewalk. (Reference Attachment D) FY. UnIVARTH, TEX. a YIY """Ot 5� S•N�rARr'A EW CUC44C 3f-co 0 0Gs"090K Y AIIR 9 v~ VA Of • w / - GAS ro a aarf SSW JAratARr RKR UANhW L: r10d V41 w uAmmmw SIVA"IrcYu f(ArY Ywwoar C, 0 M Cup WAG W e[C 4c�'.rvc� rIV�rr ti N WAUR�R1(Lao A `pY iCr J cc cAlu fuwow COe fn n)CM \ /, V1 nnG •vMCAI D10. Uh..•. 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I It i r— oFsr` r Vol. lgvoz., P6. 288 v i ^� ( 4S ' Qe-T.G.T. r 3 W a i I 9: r a w\ h Qp L 0 r 5 o jN 15, 381 Square Feet b,E NLAN•t-g}" 6r-'° B„ lir,9 (�� I. <_<.� ��� yne�/.sEVE(vr,ysrerEr •� tJ�Z Si VAs" ! �wIdWLDAr4 r ' r Q AT GR•u.•.G CSUEL Qco'�o o4 N 01 1 i. 1�` I i .p r?�4t o;y W E S e"e�a 01- po n. .�y}'+ o 1 r,.•y elf QF o `� 9cenn mer°rir-Tae`Y J f Z•_> lfna wear o ery� ��•�^ (ies MN« �h b° tA�1r0 O/e..•s��p..� ( Oe errt a beam K Y a (s 10 0. r r O t✓rd pt i^ .. ,,.4 — �( , , 0 _r ��r e, }{ 1RScK FleL-O ADOiT (oN �**qq�`l ,QLocAC 3 c,ot y2 Yi. :' ` 1 � ATTACHMENT A \ � I I I I I � I Ld I - - - - - - I I I I I T - _ - _ - _ - - _ - - - - - I I I ; D i g� I m o 0 b b b T b o ATTACHMENT B Pg o� °09 o b I O N � o I b i m r , C i O0 Z xeu+to Tzh o.H. �� II HIN 0 `tl PD a g 0 — = oa ❑❑❑❑❑ELI, � ❑ � ❑ i ❑❑❑❑I❑ D 7 � O 0o C o� D n � z z EL J L-0 L 1 .1 LLJi L I I I � m 0 ATTACHMENT C X `m z 0 y 3 � O D X t7 r 0.9 O m V� f w I I \ LU � \ I I � - �"'- I I I CQ I II I I I _ - _ _ - _ _ _ - _ _ _ - _ - _ - - - _ _ - - _ - _ - _ i t I i ATTACH M E I Exihibit "B" CERTIFICATE OF INSURANCE TO FOLLOW: CITY SECREMY AC ORD CERTIFICATE OF LIABILITY INSURANCE TTH C DATE(M YIIDD/YY MA 11/17/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE KMC Insurance Services, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 5050 Quorum Drive, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Dallas TX 75254 Phone: 972-991-6677 Fax:972-991-6679 INSURERS AFFORDING COVERAGE NAIC 0 INSURED Matt Herring INSURERA. Hartford Insurance Company Mark Latham INSURER B: Klabzuba Properties MC Smith Interest LP INSURER C: 6115 Camp Bowie Blvd. 4 270 INSURER D. Fort Worth TX 76116 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD' POLICY EFFECTIVE POLICY EXPIRATION LTR IN TYPE OF INSURANCE POLICY NUMBER DATE MM/DD DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY 46SBQBG1035 06/23/04 06/23/05 PREMISES(Ea occurence) 1300,000 CLAIMS MADE I OCCUR MED EXP(Any one person) S 10,000 PERSONAL BADV INJURY 11,000,000 GENERAL AGGREGATE 52,000,000 OEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO s2,000,000 $ I POLICY PRO- JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEOULEDAUTOS (Per pe(son) $ HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY.EA ACCIDENT 5 ANYAUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESSIUMBRELLALIABILITY EACHOCCURRENCE S OCCUR EICLAIMSMADE AGGREGATE $ 5 DEDUCTIBLE S RETENTION $ S WORKERS COMPENSATION AND TORY IMI LTS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNEREXEGUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBEREXCLUDED? El DISEASE-EA EMPLOYEE $ n desonbe underPECI SAL PROVISIONS below E.L.DISEASE-POLICY LIMIT S OTHER A Property 46SBQBG1035 06/23/04 06/23/05 Building 11,000,000 Loss Rent 700,368 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CORGASs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVDR TO MAIL 30 DAYS WRITTEN Corgan Associates, Inc. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE To DO$O SHALL Attn: James 501 Elm St. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING UPON THE INSURER,ITS AGENTS OR Dallas, TX 75202 REPRESENTATIVES. �;=PRE9 TATIVE r•' ACORD 26(2001108) ®ACORD p r NOV-17-2004 11:24 CIG 91% ACORD CERTIFICATE OF LIABILITY INSURANCE �,OP&"' o„E01..A,20Y,05 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE KHC Insurance Services, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 5050 Quorum Drive, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas Tx 75254 Phone: 972-991-6677 Fax: 972-991-6679 INSURERS AFFORDING COVERAGE NAIC# .Is�R[n wN Hartford Insurance Company NV IaSNB N.P. Anderson Cotton Exchange, L.P. alaulEN c 6115 Camp Bowie Blvd. N 270 Elffa Fort Worth TX 76116 YSLN[N 1 COVERAGES M RCI SCI KARAI111 S11Ca1OAINV[U1/X+s'Al0TU Fit PMMONAIAFOAEOW fCk/M ra CTFVMX CATE01p1NT no,. 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Taw FICiaSAaO1fLLA ll/�IfY LAC.O:E;VNIC Ilfl. 3 c)f,CUR ❑ C A AK1 LMOL AOQGAT[ S i N(R111 UI $ YK eTAIU 4TH YgR1(Ha COOS NSAnCM ANO 10M' Y'ty ER lIfLOYEIa'1J11WTY CL CAOi KC0lN1 S f NOI'1c[I0NS'A1111RNL1Y0U1 YL M1C[R Wff EWLIDF01 11 a=At)( tAfWurll w[CAL[[wave ens [L V!A! I tti I'Y 1 orllFa A Property 46SBQBG1035 06/23/04 06/23/05 Building 11,000,000 Loss Rent 700,368 Irarriol or orfuloea��nunara IVE+uea�E:n1�ols Anaeo Ilr eAooexrlfr;FeecrL rAoveloNa RE: Encroachments at 411 W. 7th Street. CERTIFICATE HOLDER CANCELLATION CITYOFF aNaND AW OF TIC MOVE DFXAmEn roucssPF CANCFI.LFO S[CNE nE EiriRATMIA 1>A>E THEIR Or.r�naulllc quAEN vaL1!IOEAwRroAVVI. 30 oAYE VAaT•EH NOf10ET0TIFCFwiFCAiE1gLI.E1INMl0T01 ELEA WTPN fTOWSO- City of Port Worth 1000 ThrockmOrton arwF In oeLNu.oN oR uAsnr oe ANr EYiO ural THE Ew1NiE 1L rTe ACFNTn aR Ft Worth TX 76102 ORE e'R[l611ATalf ACORD 25(2001108) O ACORD CORPORATION 1988 /� 11 CITY OF FORT WORTH 1000 THROCKMORTON ST FT WORTH TX 76102 Submitter: CITY OF FT WORTH SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 04129/2005 01:51 PM Instrument#: D205120627 OPR 19 PGS $48.00 fIIIIIIIIIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIIIIIIIIIIIIII D205120627 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. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/8/2005 DATE: Tuesday, February 08, 2005 LOG NAME: 06411 W7TH REFERENCE NO.: C-20517 SUBJECT: Authorize Execution of Encroachment Agreement with N.P. Anderson Cotton Exchange, L.P. Authorizing Use of the Right-of-Way for Various Encroachments at the Niel P. Anderson Building at 411 West Seventh Street RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Encroachment Agreement with N.P. Anderson Cotton Exchange, L.P. authorizing use of the right-of-way for installation of various encroachments at the Niel P. Anderson Building at 411 West Seventh Street. DISCUSSION: N.P. Anderson Cotton Exchange, L.P. is in the process of renovating the property known as the Neil P. Anderson Building at 411 West Seventh Street. It is bounded by Seventh Street on the north and by Lamar Street on the west. Part of the renovation of the building involves new encroachments and renewal of existing encroachments into the right-of-way. They are described below. EXISTING ENCROACHMENTS: 1. A portion of the existing basement extends beyond the property line, below the sidewalk and along the north side of the building (Seventh Street) and a portion of the west side of the building (Lamar Street); 2. A portion of the existing building extends beyond the property line along the west side of the building (Lamar Street) and also at the southeast corner of the building; and 3.a. A portion of the existing basement extends beyond the property line, below the alley paving, at the southeast corner of the building. PROPOSED ENCROACHMENTS: 3.b. A secondary means of egress from the basement is proposed at this location by removing the paving over the space below and providing a stair that will discharge into the alley which runs along the south side of the building. A metal grate and a fenced enclosure will cover the stair, but will not impede pedestrian access through the alleyway; 4. A new canopy is proposed to extend from the north face (Seventh Street) of the building, above the entry; and 5. A new sidewalk lift is proposed to be located in the existing sidewalk at the northeast corner of the building which will serve a trash collection in the basement below. The Encroachment Committee has reviewed these encroachments and recommends approval. Logname: 06411 W7TH Page 1 of 2 The encroachments will be located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: fhe Finance Director certifies that action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Dale Fisseler (6222) OriginatingDepartment Head: Bob Riley (8901) Additional Information Contact: Bob Riley (8901) Logname: 06411 W7TH Page 2 of 2