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HomeMy WebLinkAboutContract 41039-A1 CITYSECRETARY41D, �/CiQ�A/.\ 1 IO. ..L - Al FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 41039 RIGHT OF WAY ENCROACHMENT AGREEMENT c, This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 41039, 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 COOK CHILDREN'S MEDICAL CENTER (Entity) 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. 41039 on 11/04/2010 (the "Agreement")to authorize the use of Right-of- Way for the construction of a new egress landing, ramp, and stair from the North exit of the Parking garage located at 1401 West Terrell Street, Fort Worth, TX 76104 to be located in the public Right of Way; and WHEREAS, the parties wish to amend the Agreement to include 174 linear feet of handrail on the side of sidewalk to direct pedestrians towards the crosswalk; and WHEREAS, it is the mutual desire of the 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. OFFICIAL RECORD CITY SECRETARY First Amendment to CSC No.41039 FT.WtaM,TX 2. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect EXECUTED on this the IgW- day of f� ,20j. CITY OF FORT W RTH: �Iandle Harwo •. Director,Department of Planning and Development F Q pR 7' . Approved as to Form and Legality: Attested by: i ige Meb ary J. a r Assistant City Attorney City Sec_r ry LICENSEE'S NAME: By: Vvvr M&Ce—IVL® Printed Name: 6i Zvi 5 Title: 1295: OFFICIAL RECORD First Amendment to CSC No. 141309 CI'T'Y SECF44T [Insert name of licensee] FT WORM TX Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and repo ing requirements. Janie S. Morales Development Manager ()"ICTAL RECORD CITY SECRETARY le"1",WORT"+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 perspnally 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 , 20 �� pVprii JENNIFER LOUISE EZERNACK - Notary Public, State of Texas ' Comm. Expires 03-01-2020 ' *Nry Public ate of e';o �N,,,, Notary ID 130561630 S v STATE OF § COUNTY OF k41 § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Stanley E.Davis (Name), Vice President (Title), 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 Cook Children's Medical Center (Licensee Name), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 14 d y of �'�� , , 20 i'9'� . OOe--00000000000--00D0--0 ANN PICKETT „ Notary Public,State of Texas Commission N:12898426-9 Notary Public, State of Texas Corm*sion E*M 5/10/2020 4� First Amendment to CSC No. 41309 Page 3 of 3 [Insert name of licensee] ui z OW i z d V) a w N a z � V J QP o w m m a z z z p a w x I n D w O o LL CA Q z z z z zp - w w !Q p N W J WZZZ I Q Of Q W W w W d L c"!' ((Q�� O In W I I = 0N w Cj � IN� o WWLUZ Iw co J4m I LU Z III 3 � N � uJ I Z J W II w W J o > x �I maw WQ z - = o N � � W Ij 2M'— Z Z oc > I I j ,ch uj00 Q ZW � W V Q 000old 3oYcQ � �� � c = v ^ OoO LA. 11 LUV� LU ^m0GO S O Ou W o II V) O � I W ++ Ov II uI i LL 1 Q x o � � 3 ar^ — m^w 7 I I m I > I � 6Mp,IleipueH\IIPJPue4 SOLO-ZT\S71QI4X3\s6uimEAG\TZO\ur).-C\6SL0009\OOLOOO\OOSuoWRPO+d\:9:HlVd3lI3 WV 6E:TT:ltl LTOZ ISO Mn['Aep-upoM:NO J-3M i)Nla:A9 CGUOld CERTIFICATE OF LIABILITY INSURANCE DATE:4/9/18 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(ies)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 CONTACT N/A NAME: PHONE FAX AIC,No,Ext): AIC,No): E-MAIL ADDRESS: PRODUCER CUSTOMER ID#: INSURERS AFFORDING COVERAGE NAIC# INSURED Cook Children's Health Care System INSURER A Cook Children's Indemnity Company 801 Seventh Avenue INSURER B: Fort Worth,Texas 76104-2796 INSURER C: INSURER D: INSURER E: 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD MWDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 50,000 CLAIMS-MADE X I OCCUR MED EXP(Any one person) $ 0 A X CCICHPGL1718 10/1/2017 10/1/2018 PERSONAL BADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS/COMPlOP AGG $ 5,000,000 POLICY I I PROJECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per $ person) ALL OWNED AUTOS BODILY INJURY(Per $ accident SCHEDULED AUTOS PROPERTY DAMAGE(Per $ accident HIRED AUTOS $ NON-OWNED AUTOS $ $ UMBRELLA OCCUR EACH OCCURRENCE $ LIAB EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ $ RETENTION $ $ WORKERS COMPENSATION AND C STATU- OTH- EMPLOYERS'LIABILITY Y/N [TORY LIMITS R ANY PROPRIETOR/PARTI, EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandato in NH) - E.L.DISEASE-EA EMPLOYEE $ If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) The certificate holder is an additional insured and waiver of subrogation is provided where required by written contract. This certificate does not amend,extend or alter the coverage afforded by this policy. CERTIFICATE HOLDER CANCELLATION ANY OFBEFOE City of Forth Worth THEULD EXPIRATION DESCRIBED VTHEREOF, NOTICE I WILL BE ENCELLED DELVERED RN Planning & Development - CFA Office ACCORDANCE WITH THE POLICY PROVISIONS. PN 17-00096 AUTHORIZED REPRESENTATIVE 200 Texas Street �— Fort Worth, Texas 76102 ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD ©1988-2009 ACORD CORPORATION.All rights reserved. Page 1 of 16 CITY SECRETARY ENCROACHMENT AGREEMENI _CONTRACT NO. STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is made and entere into by and between the City of Fort Worth, a municipal corporation rrant County, Texas, acting herein by and through its duly authorized4Vl n i d Development Department Director, hereinafter referred to as the " Cook Children's Healthcare System, acting herein by and thro authorized President and Chief Executive Officer hereinafter refe o rantee", Owner of the property located at 1401 West Terrell Str perty"). 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: Page 2 of 16 Construction of a new egress landing, ramp, and s*r from the North exit of the Parking garage located at 1401 West Strt, Fort Worth, TX 76104 The location and description of said Imp emen nd the encroachment is more particularly described in Exhibit "A" attache ereto, incorporated herein and made a part hereof for all purposes. `2. All construction, ♦' and operation in connection with such Improvement, use an up y shall be performed in strict compliance with this Agreement and arter, Ordinances and Codes of the City and in accordance with the dire- ons of the Director of Transportation and Public Works of City, or his ul authorized representative. All plans and specifications thereof shall be s ' ct to t 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. 3. Upon completion of construction and installation of said Improvement and thereafter, there shall be no encroachments in, under, on or above the surface Page 3 of 16 area of the streets, alleys, sidewalks and other public hts-of-way involved, except as described herein and shown on the herei bo re red to Exhibit "A". 4. Grantee, at no expense to the C shall ake proper provisions for the relocation and installation of any existing o uture utilities affected by such encroachment use and occupancy, including the securing of approval and consent from the utility compan e ancUhe appropriate agencies of the State and its political subdivisions. Iphe ent that any installation, reinstallation, relocation or repair of a future utility or improvements owned by, constructed by or on If ublic or at public expense is made more costly by virtue ofonstruction, maintenance or existence of such encroachment an ntee shall pay to City an additional amount equal to such additio as determined by the Director of Transportation and Public Works of ity, o is 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 damage or disruption of improvements installed by Grantee or its successors, but Page 4 of 16 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 anQthisagprecement vided for by this Agreement, Grantee agrees to pay to City at the 'mis executed a fee in the sum of Two Hundred & Seventy Five nd Zero Cents Dollars ($275.00). The term of this Agreemke f be` or thirty years, commencing on the date this Agreement is executeity of Fort Worth. 8. Upon termina ion 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. Page 5 of 16 9. It is further understood and agreed upon between the parties hereto that the public rights-of-way, alleys, sidewalks ("publ' htay") to be used and encroached upon as described herein, are as trustee for the public; that City exercises such powers over a pub right-of way as have been delegated to it by the Constitution of a State o Texas or by the Legislature; and that City cannot contract away its dj&L its legislative power to control the public right-of-way for the use ,llh t000f the public. It is accordingly agreed that if the governing body o ay at any time during the term hereof determine in its sole dis e e or cause or permit the right of way to be used for any other publ 'urp 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. Page 6 of 16 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 sa' . (_rprovement, encroachment and uses. 40 N Grantee agrees to pao hen due all fees, taxes or rentals provided for by this Agreeme ny federal, state or local statute, law or s regulation. ` 13. Grantee co u..and agrees that it shall operate hereunder as an independenta 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. Page 7 of 16 14. GRANTEE COVENANTS AND AGREESYEFEND MOIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS El CITY, ITS OFFICERS, AGENTS, SERVANTS AND ROM AND AGAINST ANY AND ALL CLAIMS OR SUITS R PRERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, I LUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KI ARACTER, WHETHER REAL OR ASSERTED, ARISING OUT Of CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTR I MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR OF SAID IMPROVEMENT AND ENCROACHMENT A RANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHO IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, A 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. Page 8 of 16 15. While this Agreement is in effect, Grantee ees to furnish City with a Certificate of Insurance, naming City as certific Qtder, as proof that it has secured and paid for a policy of public liability ie covering all public risks related to the proposed use and occup cy of blic property as located and described in Exhibit "A". The amou is of su insurance shall be not less than the following: $1,9#0 0 ommercial General Liability with the understanding a a ement by Grantee that such insurance amounts shall be revis ar City's option and that Grantee shall so revise such amounts immedia lowing notice to Grantee of such requirement. Such insurance poli shall provide that it cannot be canceled or amended without at least tel (1 ays prior written notice to the Building Official of the City of Fort Worth --py f 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. Page 9 of 16 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 In any action brought b e the enforcement of the obligations of Grantee, City shall be entitled to`rr cov interest and reasonable attorney's fees. 18. Grantee covenan grees 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. Page 10 of 16 EXECUTED this day of , 20j0. City Grantee City of Fort Worth Cook ;`ildr ='s ealthcare System -� By. Rick erril , Director President and CEO Planning and Development ATTEST: `Approved As To Form And Legality y ity Secretary Assistant City Attorney qd a a �AA 4p0O0�YA 0 o Y ado o o0YYS� NO M&C REQUIRED % 000 T� °000000G 4f *x 0 4, Page 11 of 16 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a to ub in a d for the State of Texas, on this day personally appeared ;"known to me to be the person whose name is subscribed foregoing instrument, and acknowledged to me that he/she t4tel the same for the purposes and consideration therein expressed, a and deed of the City of Fort Worth, and in the capacity therein state ` GIVEN UNDER D SEAL OF OFFICE this _ day of LA Notary Public in and for e State of Texas R. G. NAREZ Notary Public,state of Texas My Commission Expires septembe, 10. 2013 Page 12 of 16 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned aut t ary Public in and for the State of Texas, on this day personally a ared k Merrill, known to me to be the person whose name is sub ribed o the foregoing instrument, and acknowledged to me that he/she c the same for the purposes and consideration therein express4d act and deed of Cook Children's Healthcare System, and in th I therein stated. GIVEN UNDER ND SEAL OF OFFICE this day of EeaKIMBERLE otary Public in and for the STATS State of Texas TEXASy Comm:Exp.05/21/2011 .Rae i a of i� 0 N II rl ii n i� ii •� I u I � V ct zI .k 1 1 I i i� � z ♦ � A Qw FN J U CD J � � W Q J Q W o Q `': oo (i OWW O LL: r; V ° J I W o III LL- III 0WN 8 o li Page 14 of 16 EXE►h� � CERTIFICATE OF LIABILITY IN NCE ISSUE DATE 9/1012010 PRODUCER THIS CERTIFICATE IS IS TIER OF INFORMATION ONLY Marsh Mara AND CONFERS NO RI PON ERTIFICATE HOLDER.THIS Management Services Cayman Ltd. CERTIFICATE DOE D, D OR ALTER THE COVERAGE P.O.Box 1051 GT AFFORDED BY TH LICIES LOW. 23 Lime Tree Bay Avenue Governorswane CV FORDING COVERAGE Building 4, Flcwr Grand n, Islands INSURED ildren's Indemnity Company Cook Children's Health Care System R e: 801 Seventh Avenue Fort Worth,Texas 76104-2796 USURER : E: COVERAGES THIS IS TO CERTIFY THAT THE POLICIES LISTED BELOW HAVE NT THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM 0 TI F ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,TI S E ORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICI TS N MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY POLICY POLICY LIMBS LTR rZJE DATE EXPIRATION DATE O/YY (MMrDD GENERAL LIABILITY 4f# GENERAL AGGREGATE $5,000,000 A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $5,000,000 CUUMS MADE FX OCCU 10/1/2009 10/1/2010 PERSONAL&ADV.INJURY $1,000,000 EACH OCCURRENCE _ $1,000,000 GENERAL AGGREGATE LWT APPUES PER FIRE DAMAGE(Any one fire $50,000 POLJCY I I PROJECT LOC MED EXPENSE(Any one person $5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT N/A ANY AUTO NIA N/A N/A (Each acddent) ALL OWNED AUTOS BODILY INJURY N/A SCHEDULED AUTOS _Per person HIRED AUTOS BODILY INJURY --N/A NON-OWNED AUf (Per accident GARAGE LIABILITY PROPERTY DAMAGE N/A OTHER EXCESS LIABILI EACH OCCURRENCE N/A UMBRELLA F N/A NIA N/A AGGREGATE N/A OTHER THAN UMBR RM WORKERS COMPENSATION STATUTORY LIMITS AND N/A WA WA EACH ACCIDENT N/A EMPLOYERS'LIABIU Y DISEASE-POUCY LIMIT N/A DISEASE EACH EMPLOYEE NIA MEDICAL PROFESSIONAL LIABILITY NIA NIA N/A PER CLAIM N/A (Claims Made Cov ) ANNUAL AGGREGATE WA OTHER EACH OCQURRENCE GENERAL AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESGPECIAL.ITEMS: CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED City of Fort Worth BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY •+••■184"%w .-.� Page 15 of 16 Dunaway No. 2007389 June 24,2010 David Schroeder City of Fort Worth—Development Department 1000 Throclvnorton Street Fort Worth, Texas 76102 Reference: Encroachment Agreement for Handrail? ' ed at 1401 W. Terrell Avenue as part of the Cook Children's Medical Center Improvements to the South Garage Dear David: z%* As part of the Cook Children's Medical Cetwv,ements to the South Garage, the entrance to the north side of the garage along W. Terrell Street is being reconstructed for ADA accessibility. As part of the construction of a handicak, p�, handrail will be installed 4 feet into the right-of-way (5 feet from back of curb). The ha nin parallel to the right-of-way and be approximately twenty 20 feet in length. Attachedfind the exhibit showing the location of the proposed handrail. Sincerely, DUNAWAY ASSOCIATES, a Texas limited partne Micah Hogan, Project Engineer MDH:mma 2007389_LEr.CFVV D.SCWDWer Handrail 10.OB24_MDH Page 16 of 16 SUZANNE HENDERSON .••. COUNTY CLERK ^� 100 West Weatherford Fort Worth,TX 76196 0401 s a, " • PHONE_(817) 884-1195 CITY OF FORT WORTH DEVELOPMENT & PLANNING 1000 THROCKMORTON FT WORTH, TX 76102 Submitter: CITY OF FORT WORTH/DEVELOPMENT & ` PLANNING NOT DESTROY WARNING - TH PART OF THE OFFICIAL RECORD. Filed For Registr /12/2010 2:17 PM In tru #: 210281602 A 16 PGS 872.00 D210281602 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.