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HomeMy WebLinkAboutContract 49017-A1 CITY SECRETARYJ FIRST AMENDMENT CONTRACT NO. "l 01- TO CITY SECRETARY CONTRACT NO. 49017 ENCROACHMENT AGREEMENT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 49017, ENCROACHMENT 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, its duly designated Assistant City Manager or Planning and Development Director, hereinafter referred to as the "City," and 4 Eleven Realty Partners, LLC, acting herein by and through its duly authorized representative, hereinafter referred to as "Licensee". RECITALS WHEREAS, the City of Fort Worth ("City") and Licensee made and entered into City Secretary Contract No. 49017 on April 25, 2017 (the "Agreement")to authorize the use of right-of- way for the construction of features to be located in the public right-of-way; and WHEREAS, the parties wish to amend the Agreement to add additional South Main sidewalk details; and WHEREAS, it is the mutual desire of City and Licensee to execute this Amendment to the Agreement to revise the exhibit in the Agreement to depict the revised encroachment area; NOW THEREFORE, City and Licensee, acting herein by and through their duly authorized representatives, enter into the following that amends the Agreement: 1. Exhibit A-1 is hereby attached hereto and incorporated herein to the Agreement, consisting of a revised description of the encroaching improvements. 6910 y r First Amendment to CSC No.49017 ,�Pagcn RRO I -p 4-Eleven Realty Partners,LLC OFFICIAL RECORD 7 2011CITY SECRETARY ; CITY OF FORT WORTM ti Fr.WORM TX tet, cin;iuo sl w a ,p ���� O169 L 9� 2. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect EXECUTED on this the A(0 day of 9#117. 2017. CITY OF FORT WORTH: Aandle ood ` Director,Department of Planning and Development Approved as to Form and Legality: Attested by: Paij'eM-ebaWe Mary J. Kayser Assistant City Attorney City Secretary 4-Eleven Realty Partners,LLC: V;• ' BY' ::may ,F Printed Name: Scott Clark qS Title: President STATE OF TEXAS § OFFICIAL RECORD § CITY SECRETARY COUNTY OF TARRANT § F1",WORTMr TR BEFORE ME, the undersigned authority, a Notary Public in and for the State of First Amendment to CSC No.49017 Page 2 of 3 4-Eleven Realty Partners,LLC Texas, on this day personally appeared Randle Harwood, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of the CITY OF FORT WORTH, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2017. o,� v bei J.C.WCARTHY * Notary Public,State of Texas smm;iy ir"0"2-2019 Notary blic, State of Texas NoD 471809 6 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 Scott Clark, President, 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 4- Eleven Realty Partners, LLC, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3rd day of July, 2017. Barbara Louise Lara Notary Public,State of Texas ' Commission#12010752 o ary u h4 State of Texas Expires:02/18/2019 First Amendment to CSC No.49017 Page 3 of 3 4-Eleven Realty Partners,LLC Exhibit A-1 Revised Description of Encroachment Improvements First Amendment to CSC No. 49017 4-Eleven Realty Partners, LLC 'HAMS 83HOON SIHHVH 30 NOISSIWN3d N3llMM 1(1OH11M ONIMVHO SIH10130VW 39 0132N S30NVH0 ON I LLI n7 W N04 Z m i J � � YtN�In � I Q t- N p Y O�C5 p OC,QO O I O z C> 25,5 -! ¢muj om gas moire zw x_v� m3 -j o ¢ co uj 3 m �.r o -6Vd 6 615' vDi I-`''iw 05 0,VM--A0-IH918 w�. — — onand ,os) 93f1N3AV NVA1 19 - -; _ J c I 11.39' N I I o co o I I I oui M 2 W o I I r= i X -aouj Y I inzp W En I W =w 2Qm c0 I mNZ i ¢ I W LLJ 0 U (NIVYGN 01) a3M3S — ' 'NVS 9NILSIX3 - ss— ss ss—I--ss __ ss __ _ J�3l�d�IlBfld 06 _ 0 Z zQ PM 25 C,4 � W -i mad~ X rn 0-U W Of I y^ I I J Up ycp d' ( m �L) M Z m -' Q M Of �p c m> H G r ~ I � O 36' I o 16.92' � 37.78 21.22 y2 5.72' 3 w 3 W N mW ¢o m-a m--2E o _Z m_3 m_ (AyM-30-1HOR1 OI�Bnd ,OL) CD Ip- CD "'o-�- N 0 133211 NIVW Hinos o N N� F o F o -0 v LU wg WZ X6 5R _m LLQ ° o r ==�o-E E W Wm p wLJ: Z W 3 _.=ter.ou. Z = Np =) m I TEa. �i (w ai�� . W' W 4" � vN o � W LLJ 0. 0 O C axi LL cn F- -0 a h- O� p wy W i -3 >~mt• NmC7¢ Z -1Q 2 QCNO`- W C9 C.O E°URYu�i : o I E��`m �LL�=LL. O LL W a m F- t100AV'IV al OMO'1191HX33OIAi13S 0NI1SIX3LLIBiHX31JNM33NI0N31L6tt9tFO:�edaiy Jassal maJPUVs(9 V96-[V6LIJVZMNOVVPepuld 1 i I kb \ -1'd$ I� 411 SOUTH MAIN STREET 1 /16 " = 1 '-0" WEST ELEVATION 06/30/17 V/ -t•-n-ur� NEW ENTRY PLATFORM = 199 SF 6 Ti o• 411 SOUTH MAIN STREET 1 /16 " = 1 '-0" ENCROACHMENT SIDEWALK PLAN 06/30/17 V/ ICE&W-1 OP ID:ES ACOR© CERTIFICATE OF LIABILITY INSURANCE DAT/05!201201 041057 17 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(iss) 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 endarsement(s). PRODUCER CONTACT Kilpatrick Insurance PHONE Elizabeth Sommers FAX Agency, Inc. Arc No Ext:817-731-8771 (Arc,No): 817-731-0520 2410 Montgomery Street Ft.Worth, TX 76107 aooREss:elizabeth@kilpatrickinsurance.com Alex Marrs INSURERS)AFFORDING COVERAGE NAIC INSURERA:Evanston Insurance Company 35378 INSURED Ice&Williams, LLC INSURERS: 4-Eleven Realty Partners LLC INSURERC: James Ice 1700 6th Ave INSURERD: Fort Worth,TX 76110 wsURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 rypE OF INSURANCE POL CY EF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MMIDD MMIDD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS-MADE ]OCCUR X 3AA129547 03/17/2017 03/17/2018 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 X POLICY❑PEO- LOC PRODUCTS-COMP/OPAGG $ Excluded OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LLAB Id CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I ER ANY PROPRIETOfWARTNERIEXECUTIVEE.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? �N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ DESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) CERTIFICATE HOLDER CANCELLATION CITOF-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Fort worth Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City P ACCORDANCE WITH THE POLICY PROVISIONS. of Development David Schroeder,Planner AUTHORIZED REPRESENTATIVE 1000 Throckmorton Fort Worth,TX 76102 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ens ing all performance and reporting requirements. Janie S. Morales Development Manager