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HomeMy WebLinkAboutContract 47885 11D CITY SECRETARY l' CONTRACT NO. `Ir 16 JUN 15 2016 ri7y OF FORT WORTH RIGHT OF WAY TY SFCoF7ARY ENCROACHMENT AGREEMENT (COMMERCIAL) THIS 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 authorized Assistant City Manager or Planning and Development Department Director, and Central City Local Government Corporation, a local government corporation created by the City of Fort Worth, Texas "Licensee", acting herein by and through its duly authorized President, Jungus Jordan, the owner of the real property located at 252 W. 15th, Fort Worth, Texas 76102 ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, more 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, dse and/or occupy portions of the space under, on, and/or above the City's Public Right-of-Way to construct/install and/or allow to remain, certain improvements for the purpose of pole lighting for pedestrians at intersections of public access easement (formerly W. I 51 Street) and Jennings Ave. and Throckmorton Street, including required conduits (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 Im rovements Liceenasee agrees to be responsible for maintaining the Improvements. Lice sgFhall snot RECORD r otherwise CITY SECRETARY 2015 ROW Encroachment Agreement-Commercial FT WORTH, TX Page 1 of 11 Central City Local Government Corporation.—252 W. 15th a e 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. 2. All construction, maintenance and operation in connection with such Improvements, use and occupancy shall be performed in strict compliance with this Agreement 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 2015 ROW Encroachment Agreement-Commercial Page 2 of 11 Central City Local Government Corporation.—252 W. 15th 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 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. 8. 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, restore 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 2015 ROW Encroachment Agreement-Commercial Page 3 of 1 1 Central City Local Government Corporation.—252 W. 15th 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 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 or 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 or rentals provided for by this Agreement or by any federal, state or local statute, law or regulation. 13. Licensee 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 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. 2015 ROW Encroachment Agreement-Commercial Page 4 of 11 Central City Local Government Corporation.—252 W. 15th 14. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY 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 HIND 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 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 2015 ROW Encroachment Agreement-Commercial Page 5 of 1 1 Central City Local Government Corporation.—252 W. 15th the Public Right-of-Way. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 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, andany attempted assignment 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 or 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. n 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. 2015 ROW Encroachment Agreement-Commercial Page 6 of i l Central City Local Government Corporation.—252 W. 15th This Agreement shall be binding upon the parties hereto, their successors and assigns. [SIGNATURES APPEAR ON FOLLOWING PAGE] 2015 ROW Encroachment Agreement-Commercial Page 7 of 11 Central City Local Government Corporation.—252 W. 15th 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: Licensee: CITY OF FORT WORTH, Central City Local Government Corporation By: L201By: Rand*Harwood 4am) Junis Jordan Director Title: President Planning and Development Department Date: Lkx ' , 20j , ATTEST: Approved As To Form and Legality o r 100. s City Secretary 0 Assistant City Attorney oO O O00000000 R OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX 2015 ROW Encroachment Agreement-Commercial Page 8 of 11 Central City Local Government Corporation.—252 W. 15th STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on �tiln� �' 201 Sp by Randall Harwood, Director of the Planning and Development Department of the City of Fort Worth, on behalf the City of Fort Worth. ota"�bo, f Texas yMARYBEI PINA Notar PUb11C,State of Texas +� My Commission Explres ,�,,,i;r�;;.• September 10, 201 B After Recording Return to: Cassandra Foreman Planning and Development Department 1000 Throckmorton Street Fort Worth TX, 76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH, Tit 2015 ROW Encroachment Agreement-Commercial Page 9 of 11 Central City Local Government Corporation.—252 W. 15th 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 Jungus Jordan, President, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/sloe executed the same for4he purposes and consideration therein expressed, as the act a9d deed of Central City Local Government Corporation, and in the capacity therein staved. GIVEN UNDER MY HAND AND SEAL OF OFFICE this .7 day of 203_�p. =Puble *ti'µY PV:�• Nota &Aqa941 exas� fv+ res Notary Public in and for the `'� ...... State of Texas 2015 ROW Encroachment Agreement-Commercial Page 10 of 11 Central City Local Government Corporation.—252 W. 15th LEGAL DESCRIPTION OF THE PROPERTY Lot 23 through 34, Block V, DAGGETTS ADDITION, an Addition to the City of Fort Worth, Tarrant County, Texas 2015 ROW Encroachment Agreement-Commercial Page 11 of 12 Central City Local Government Corporation.—252 W. 15th r EXHIBIT "A" Location and Description of Encroachment and Improvements 133N1S NOlNOWNOONHl Cl) L w C4 rLO L. i ' L w �• ' � z ¢ w � U / Z N Cn / Z g W /.•/ w m 1 ' Z / I Z W m `••/• 1 I• _ 1 I /J1 I 1 I Z I O � I I ~ Y I s I 00 � � j I ao �• `: Q I a_of i I g I j z a I j wof CD I z U)i o I 0 o M I c7 a I m - - - - J z Z I = _ _ = I Yz v~i i Er w w Iaw ------i I---- ----1 W w I I U ce g U € Z w ---------------{ = WU J Q 00 �..�. Z Z U _ Z 3nN3AV SONINN7 d W 2015 ROW Encroachment Agreement-Commercial Page 12 of 12 Central City Local Government Corporation.—252 W. 15th ''ACRO® CERTIFICATE OF LIABILITY INSURANCE .ME(MM/DD/Y M 04/28/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACTCOTracy Farragut MCGRIFF,SEIBELS&WILLIAMS,INC. P.O.Box 10265 PHONE ;800..476-2211 A/C No Birmingham,AL 35202 E-MAIL arrs ut mrrfEcom ADDRESS tf9 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A ACE American Insurance Company 22667 INSURED Ionian Posher Construction,LLC INSURER B AAssurance-Allied World National Assunce Co 7700 C.F.Jordan Drive INSURER C: EI Paso,TX 79912 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:VH8TEARH REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEADDLSUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MMIDD MIDD LIMITS A X COMMERCIAL GENERAL LIABILITY CALHO8878766 05/01/2016 05/01/2017 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE �OCCUR PREMISES Ee occurrence $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEMLAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2,000,000 POLICY 29 E]LOC PRODUCTS-COMPIOP AGG S 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY HDOG24557571 05/01/2016 05/01/2017 COMBINED SINGLE LIMIT Ea acadent 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per eaident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per acddent Deductible: Comp/Coll 2,500 B X UMBRELLA LIAB X OCCUR 35712 05/01/2016 05/01/2017 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTIONS $ A WORKERS COMPENSATION WLRC47857582 05/01/2016 05/01/2017 X PER oTH- AND EMPLOYERS'LIABILITY IN STATUTE I EEL ANY PROPRIETOR/AARrNER/EXECUTIVE Yl� NIA A E.L.EACH ACCIDENT y 1,000,000 OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ Kdesvmeunder 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ S S S S S DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached N more space Is required) Project Pinnacle Bank Place Apartments and Pinnacle Bank Place Garage(14069-14070) A Waiver of Subrogation applies in favor of Certificate Holder with respect to Workers'Compensation coverage as required by written contract. Certificate Holder is Additional Insured with respect to General Liability,Automobile Liability and Excess Liability as required by written contract In the event of cancellation by the insurance cempany(ies)the policy(ies)has been endorsed to provide 30 days Notice of Cancellation(except for non payment)to the certificate holder shown below. The above General Liability Policy is afforded on a Primary and Non-Contributory basis as required by written contract. Waiver of Subrogation applies in favor of the Certificate Holder with respect to General Liability,Automobile Liability and Excess Liability as required by written contract subject to policy terms,Conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Worth AUTHORIZED REPRESENTATIVE 1000 Thorckmorton Fort Worth,TX 76102 Page 1 of 2 0 1988-2014 ACORD CORPORATION. All rights reserved. AGENCY CUSTOMER ID: LOC#: ACC>RD0 ADDITIONAL REMARKS SCHEDULE Page 2 of 2 PRODUCER INSURED MCGRIFF,SEIBELS&WILLIAMS,INC. Jordan Foster Construction,LLC POLICY NUMBER CARRIER NAIC CODE ISSUE DATE: 04/2812016 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: Builder's Risk Carrier: Underwriters at Lloyd's London Policy Number: UNS251404314 Effective: 05/01/14 Expiration: 05/01/17 Limits of Liability: $50,000,000 - Any One Insured Project $25,000,000 - Any Project of Joisted Masonry or Mixed Construction Incorporating Frame Construction $10,000,000 - Any Project of Wood Frame on Concrete Podium Construction $ 1,000,000 - Transit (per conveyance) $ 1,000,000 - Offsite Temporary Storage (per location) $20,000,000 - Water Damage Other than Flood Earthquake: $10,000,000 per project per occurrence, except $30,000,000 annual aggregate for all projects and all occurrences combined for projects located in California Earthquake Zone 1 $15,000,000 per project per occurrence, except $45,000,000 annual aggregate for all projects and all occurrences combined for projects located in California Earthquake Zone 2 and all other Earthquake Zone 1 $25,000,000 per project per occurrence, except $75,000,000 annual aggregate for all projects and all occurrences combined for projects located in all other Earthquake Zone 2 $50,000,000 per project per occurrence and annual aggregate for projects located in all other Earthquake Zones Flood: $10,000,000 per project per occurrence, except $25,000,000 annual aggregate for all projects and all occurrence combined for projects located in Flood Level 1 $25,000,000 per project per occurrence, except $50,000,000 annual aggregate for all projects an all occurrence combined for projects located in Flood Level 2 $50,000,000 per project per occurrence and annual aggregate for projects located in Flood Level 3 Coinsurance: 100% Deductible: $10,000 - Projects > $5,000,000 $ 5,000 - Projects c $5,000,000 $50,000 - Water Damage other than Flood ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE NUMBER: VH8TEARH City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/6/2012 DATE: Tuesday,March 06, 2012 REFERENCE NO.: **C-25460 LOG NAME: 17LANCASTERMIXEDUSEPROJECTREVISION SUBJECT: Authorize Amendment of M&C C-24976 to Expand the Project Location of the Lancaster Mixed Use Project, Increase the Number of Housing Units and Approve the Waiver of Certain Related Development Fees (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1.Authorize amendment of M&C C-24976 to expand the project location of the Lancaster Mixed Use Project and increase the number of housing units; 2. Authorize amendment of the conditional commitment with the Fort Worth Local Development Corporation to reflect the expanded location and the increase in number of housing units; and 3.Approve the waiver of certain related development fees. DISCUSSION: On June 14, 2011, (M&C C-24976) authorized a substantial Amendment to the City's 2006-2007, 2007-2008, 2008-2009 and 2009-2010 Action Plans and substitution of funding years and authorized a change in use and the expenditure of$2,000,000.00 of HOME Investment Partnerships Program Grant Funds for the Lancaster Mixed Use Project (Project). The June 14, 2011,M&C approved the Project to be developed on 1116 Jennings Avenue, 1118 Jennings Avenue, 1115 Monroe Street, 1119 Monroe Street and 1121 Monroe Street,Fort Worth,Texas and to construct up to 50 residential units. Staff recommends amending the executed conditional commitment to reflect these changes. Since June,the Project has expanded to add a residential building with retail on the first level and an office building space, and retail in the first level and a parking garage. The Project boundary has expanded to include 13th Street to the North,Throckmorton Street to the East, Lancaster Avenue to the South, and Monroe Street to the West. In addition, the number of units has increased from 50 to 130 residential units with 19 designated as HOME units. A public comment period on the expansion of the Project boundaries was held from July 24, 2011 to August 29, 2011.Any comments are maintained by the Housing and Economic Development Department in accordance with federal regulations. The Action Plan funding years selected may vary and years may be substituted based on the principle of First In,First Out in order to expend the oldest grant funds first. Fee Waivers: Since this Project will provide quality, affordable and accessible housing which would benefit low—income and moderate—income households, Staff recommends that the City waive fees related to the Project that would otherwise be charged by the City including but not limited to(a) all building permit related fees (including Plans Review,Inspections and Re—inspection Fees);(b) Plat/Replat Application Fees; (c)Board of Adjustment Application Fees; (d)Demolition Fees; (e) Structure Moving Fees; (f)Zoning Fees; (g) Street/Alley and Utility Easement Vacation Application Fees; (h)Temporary Encroachment Fees; (i) Consent/Encroachment Agreement Application Fees; 0)Urban Forestry Application Fees; (k) Sign Permit Fees; (1)Community Facilities Agreement(CFA)Application Fees;and(m) Street Closure Fees.Water and sewer impact fees are not waived and shall be fully payable.The City will use a portion of the waived fees to meet the City's HOME match requirement. All actions described herein are subject to appropriation and receipt of federal funds, as well as determinations of the Fort Worth City Council as to allocation of the federal funds. This project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Jay Chapa (5804) Additional Information Contact: Cynthia Garcia (8187) Leticia Rodriguez (7319) ATTACHMENTS No attachments found. Electronicallv Recorded Tarrant County Texas Official Public Records 3/8/2013 1254 PM D213059018 d",�,-cU«,: PGS 4 $28.00 Mary Louise Garcia Submitter: SIMPLIFILE ------------------------(Space Above This Linc For Recording Data RTC GF#13-00504 DT/LET;chk NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed Date: February 28,2013 Grantor: LANCASTER CORRIDOR REDEVELOPMENT,LLC, a Texas limited liability company Grantor's Mailing Address:1000 Throckmorton Street Fort Worth,Texas 76102 Tarrant County Grantee: CENTRAL CITY LOCAL GOVERNMENT CORPORATION, a public non-profit corporation Grantee's Mailing Address:1000 Throckmorton Street Fort Worth,Texas 76102 Tarrant County Consideration: TEN AND NO/100 DOLLARS ($10.00)and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Property(including any improvements): Lots 23 through 34, Block V, DAGGETTS ADDITION, an unrecorded Addition to the City of Fort Worth, Tarrant County, Texas, to be more particularly described by metes and bounds on Exhibit"A" attached hereto for all purposes. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to certain matters referred to by the parties herein as the "Permitted Exceptions", and being more particularly described on attached Exhibit`B". Grantor, for the Consideration and subject to the Reservations fi-om Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through or under Grantor, but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires,singular nouns and pronouns include the plural. LANCASTER CORRIDOR REDEVELOPMENT;LLC, a Texas limited liability company By: — Printed Name: Title: STATE OF TEXAS ) COUNTY OF TARRANT ) This instrument was acknowledged before me on by � 4� of LANCASTER CORRIDOR RE EVELOPMENT, LLC, a Texas limi liability company, on behalf of said company. Notary Public, State of T x s My commission expires: AFTER RECORDING RETURN TO: CENTRAL CITY LOCAL GOVERNMENT CORPORATIO ' "' `_ OMMISSIONAWI � `� _ NiY OMISSION EXPIRES 1000 Throckmorton Street Nmw*-5,2015 Fort Worth, Texas 76102 Special R'arranty Deed Page 2 of 2 RTC GF#13-00504 DT/LET;chk Exhibit"A" Being 0.721 of an acre tract of land situated in and being all of Lots 23 thru 34, Block V,Daggett's Addition, an unrecorded addition to the City of Fort Worth, Tarrant County, Texas, the deed to said tract being conveyed to Lewis E. Meekins, Jr., according to the deed filed in Volume 12287, Page 580, Deed Records of Tarrant County, Texas, said 0.721 of an acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a led tack found at the southwest corner of said Lot 34, also being in the east line of Lot 1, Block 3, Jennings East Addition, an unrecorded addition to the City of Fort Worth, Tarrant County, Texas and also being in the north line of W. 15th Street(a variable width R-O-W) and from which a"Y" found cut in concrete bears S 00025'51" W, 1.99 feet; THENCE N 00°25'51" W, along the west line of said Lot 34 and along the east line of said Block 3, 99.81 feet to the northwest comer of said Lot 34, also being the southwest corner of a 15 feet wide alley, from which point an "X" found cut in concrete bears N 00°38'42" W, 15.21 feet: THENCE S 87049'58" E, along the south line of said alley and along the north line of said Lots 23 thru 34, 285.18 feet to a lead tack found at northeast corner of said Lot 23; also being the intersection of the westerly line of a 18 feet v<6de alley; THENCE S 30°25'51" E, along the westerly line of said 16 feet wide alley and along the easterly line of said Lot 23, 118.48 feet to the southeast corner of said Lot 23, also being the north line of said W. 15th Street, from which point an "Y" found cut in concrete bears S 00°36'47" E, 0.86 feet and from which point an "lead tack" found bears S 87°42'00" E, 19.04 feet; THENCE N 87°48'51" W, along the north line of said W. 15th Street and along the: south line of said Lots 23 thru 34, 344.49 feet to the POINT OF BEGINNING and containing 31,407 square feet or 0.721 acres of land more or less.