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HomeMy WebLinkAboutContract 31679 Ames Fender ApchiTect 8173380377 01/26/05 10:48A P.00a 04-08-05504 :54 RCVD C!TY ,FC'9'ETAM J ';ONTRACT NO. 1 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 acting herein by and through its duly authorized , /f,ZA1 a2 tis & M ttf7q^- c 5 6�.P,. L. /-.0 . hereinafter referred to as "Grantee", Owner of the property located at 71q mhloJ ('Property"). WITNES8FTH: 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 andlor 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, Ames Fender ArrhiTecT 8173SE0377 01?ZS?0S 10:48A F.004 sidewalks and other public rights-of-way, such Improvements) are described as follows: - 0)(ItwA -r �►c� QWA ?2PL c t t +LK UNflib,T ' IAN !�T ET a,ND EY a'19 4TIkieeTj � i�t'iTING tA�2CMFhtT f tLT '5r=LQW J!yta e aQtWALi�_ {4'C tN '!5Tq-tET ANP 7Eyet4i- i 4�7i&wTl�hk1z GFS -puT ! J14.16ardG 22p9-`7 $ELd1..l i l7P '_ 6NHAW P yr �7 19- or-.-.__yr=W ou-T .6 C I C2 LtT 4` ` % 1—' w 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 Godes of the Ciity and in accordance with the directions of the Director of Transportation and Public Works of City, or his duly authorized representative. All plants 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. z Ci f S UHAUF R. 'R61IRT 1, YEN. V • 4 Fames Fender Arrhirei--r 8173360977 01/26/45 10!48A P.03S 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 Warks of the City, or his duly authorized representative. 5. City may eater 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 �. WYORM, TEX. Ames Fender Arewi7ec7 817�38C3?7 p1/2E�a5 1Ch:48R P.©f6 damage or disruption of improvements installed by Grantee or its successors, but City will make reasonable efforts to minimize such damage, 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: Five Hundred, Thin-ty- lve and.no1100Dollars—($535. 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 Werth. 8. Upon termination of this Agreement, Grantee stall, 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 temninates because the Business ceases to operate and Grantee fails to remove the Improvement, Owner hereby gives City permission to remove the Improvement and any Ji supporting structures and assess a lien on the Property for the costs expended _ by the City to remove such Improvement. N R Renes Fender Ar4=h r rest 817338LT377 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 tete governing body of City should at any time during the term hereof determine in its sale 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 under-ground, 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. :. sr 6l' C fiBUY 5 r Ames Fender Architect 8173-380377 p1/�6Jp5 1CJ:48R P,ppB 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 creatine a partnership or joint enterprise behveen City and Grantee. 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES t HEREBY INDEMNIFY, HDLG HARMLESS AND DEFEND CITY, ITS !. _. . C - •; 1 ifs } Ames Fender Architect 8173360377 01/26/05 10:48A P.009 OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM ANDAGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS - ANDJOR 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 insuranGe covering all public risks related to the proposed use and occupancy of public property as located and 0FRI-1-hill ROD FT. , TD. Ames Fender AnChl TeCT 817n360377 01/26/05 10:48A P.010 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 shalf 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. R N Ames Fender Arch,Tect 8173880877 pl✓?SrC�B �p;48A F'.L-�22 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 ail 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. W lb Ames Fender- Arch i 7eci 8173330377 E1 28 5 ZC?:48R P.L�i1Z EXECUTED this 144) day of 2 F-Afmt i.' z AAhzIlwmICS; L. #0 �:raQat�.e's �itltzry�..+rCs�f} t.r.0 . ClTY OF F"'3 T WORT , GRANTOR GRANTEE Dale seler - Asst. City Mgr, ZR-Te Z. Alc_rfpe.s , ATTEST: APPROVED AS FORM AN Ll`GAl_1TY kC4 k--qA kZ1 L City Secretary y Attorney author' zatioa BUD 10 Amis Finder Arch'rtear e172S20377 10:48A P.012. 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 helshe 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 NAND AND SEAT_ OF OFF(CE this 7A_— day of KATHY F.DURHAM MY COMMMIQN EXP3RES Janvaly 24,2009 Notary ublic in and for the State of Texas 3-: JUAl NON tv Ames PencJer Archirtect B17BBS0377 01/26/OS 10:48A P-014 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 ��v 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 and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this;!_L_a day of Notary Public in andfor State of Texas 1111R1lR BRENDA C.GRIFFIN Notary Public.State o►Texas MYcommfsWn EVires November 08,2005 12 Cal ti EXHIBIT"A" 714 Main Street Encroachment Agreement The building at 714 Main Street was originally built in 1920 as a bank/office building. There are both existing and proposed new encroachments for this project. The existing encroachments listed below have existed since the building was first constructed, or in the case of the stone columns, from the time of a major building renovation in 1988. Two of the three proposed new encroachments are actually modifications to existing encroachments that have been in place since the building's construction. The attached drawings show the locations of the encroachments on the property and their relationship to the property line. The numbering system used below for the encroachments is also used to identify the encroachments on the drawings. EXISTING ENCROACHMENTS El Existing canopy at entrance door on Main Street.The canopy cantilevers out over the public sidewalk a distance of 6'-4" from the property line. The bottom of the canopy is 9'-0" above the sidewalk. The canopy is 4'-10" tall. There has always been a canopy at this location from the time the building was built.The canopy took its current shape at the time of the 1988 building renovation. EZ Stone clad exterior columns. The exterior columns along both Main Street and West Seventh Street are located over the property line. There is an approximate 1'-0" to 1'-2" encroachment over the property line at all eleven columns. The length of the encroachment at each column is dimensioned on the attached drawings. The encroachment extends up the first four floors of the building. These encroachments have existed since the 1988 renovation of the building. E3 Basement below sidewalk. The basement level of the building extends out underneath the public sidewalk for the full length of the building on both the Main Street side and the West Seventh Street side, as shown and dimensioned on the attached drawings. There are no access hatches, ventilation louvers, utility connections or material lifts that communicate between the basement space and the public sidewalk. NEW PROPOSED ENCROACHMENTS N1 Pair of out swinging doors at the lobby entry. There is currently a revolving door flanked by a pair of out swinging doors at the building's main entry on Main Street. These doors will be removed and replaced with a pair of out swinging doors as shown and dimensioned on the attached drawings. The new out swinging doors will be centered below the existing canopy described above as encroachment E1. N2 Pair of out swinging doors on Main Street. A pair of out swinging doors is to be centered in the building's middle column bay on the Main Street side. There are currently no doors at this location. However,this location is where the original bank lobby doors existed until the 1988 building renovation. N3 Single out swinging door at West Seventh Street.There is currently a pair of out swinging doors in the westernmost column bay on the West Seventh Street side.There have been out swinging doors located in this column bay since the building was first built. These doors will be replaced with a single out swinging; door as shown and dimensioned on the attached drawings. tf ti i Fm Iowl W 11 �. VN L7 ° f � ° I a � a SWO L 4-d d .G .S •S +t C . AA Q d z>iIgnd) laaa �S LlIL I S 9 m r N i1 i a li s �.. E2 -} H2 v`i n H1 I E2 c o "i m- E2 b'-0" E2 \4 p E3. . p EE iL P R .—.— —. -LAHIER 5-7 ,LC 5'-8 I/C 5-a lI4' 103'-8 3/a" 5-8 114 5'-8 1/4' ♦'-1f3 3I _ ° � —PROP€R- Ce Iine 7 94 M c i n Street � Public R.Q.U11. . - - - - — - - - -r H ,f/l 4-s Y/1 L-.S i . CV CD i Z3 r-I- 00 1, s '+ • ca 4 � .0 .09 I d r-- I � � Y Z3 C I ,a/s i—,i I �" I � � >1dil 0 ,I I E I SH �= t1c�11 I TY s E C-11 P E fAl v -- HH, TBI AA � x 4 Y �.� �, � •,-,.�'•'*r--.,: _ � .tib � �. ,� ., ti .. ! 1 ` 7 . a �:f r I a F P 91 1 _ 26 _ 2005 View from Southeast showing column encroachments at all eleven columns; a pair of out swinging doors will be installed in the middle column bay on the Main Street side of the building(right hand side in this photo) tj AS it 69 -4 i4 1 - 26 - 2005 i � _f tLL 1 1jy_ 4"n Y - View of existing entry canopy which is to retrain unchanged and entry doors that will be replaced with a pair of out swinging doors centered below the canopy. 7or I, x 1 - 26 - 2005 View of existing out swinging doors at westernmost column bay of West Seventh Street side that will be replaced with a single out swinging door. tt �t City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/24/2005 DATE: Thursday, March 24, 2005 REFERENCE NO.: C-20613 LOG NAME: 06714MAIN SUBJECT: Authorize Execution of an Encroachment Agreement with Farmer's & Mechanics, L.P. Authorizing Use of the Right-of-Way for Existing & Proposed Encroachments at 714 Main Street and West 7th Street RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Encroachment Agreement with Farmer's & Mechanics, L.P. authorizing use of the right-of-way for continuance of existing encroachments and installation of new encroachments. DISCUSSION: Modifications are underway on the building addressed as 714 Main Street .A A Ames Fender, Architect, and agent for Farmer's & Mechanics, L.P. is requesting approval for existing and proposed encroachments into the right-of-way.A A They are described below. EXISTING ENCROACHMENTS: E1.A A Canopy at entrance door on Main Street. E2.A A Stone clad exterior columns on both Main Street and West 7th Street. E3.A A Basement below sidewalk on both Main Street and West 7th Street. PROPOSED ENCROACHMENTS: N1.A A Pair of out swinging doors at the lobby entrance on Main Street. N2.A A Pair of out swinging doors at the location where the original lobby doors were on Main Street. N3.A A Single out swinging door on West Seventh Street. The Encroachment Committee has reviewed these encroachments and recommends approval. This location is in COUNCIL DISTRICT 9. FISCAL INFORMATION / CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. Logname: 06714MAIN Page 1 of 2 FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Dale Fisseler (6140) Originating Department Head: Bob Riley (8901) Additional Information Contact: Bob Riley (8901) ATTACHMENTS 1. 714 Main.pdf (Public) Logname: 06714MAIN Page 2 of 2