HomeMy WebLinkAboutContract 34466�E 1 '�' ��C��i��l� �
�ONTRACT R90.
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 �U i� �. �-��' o���' �%�r/
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acting herein by and through its duly authorized � c� v� �e, ( � ���-(-v"�
hereinafter referred to as "Grantee", Owner of the property located at
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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,
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sidewalks and other public rights-of-way, such Improvement(s) are described as
follows:
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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.
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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".
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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
3
damage or disruption of improvements installed by Grantee or its successors, but
City will make reasonable efforts to minimize such damage.
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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 -fwa �k��v�� � � � � �� Dollars ($ Z3�• ��).
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.
:
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 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.
4
�
It is further understood and agreed upon between the parties hereto that
the public rights-of-way, alleys, sidewalks ("public right-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 public right-of way 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
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 right of way to be
used for any other public purpose, 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.
5
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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 CO'VENANTS 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, LICEN�EES 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
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described in Exhibit "A". The amounts of such insurance shall be not less than
the following:
Property damage, per occurrence
Bodily injury, per person
$100,000
$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.
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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.
i:
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 o�� day of JL�r���`� , 20�Jb .
City of Fort Worth
`�` �\�� )�`�
Grantee � ��� ��
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By: Zti' � By.
Dale a seler, A t. City Manager
ATTEST:
�)�����
���� City Secretary
(T ' /5-5 -� �
Con�ra��L .�utk�ori z��ic��
_ _. _ .t:: ��� :�M � , �-�� �-c c� �' _.
-_ - �._ _�
I) F� i', r;�,
Name: c�.v�cl� �lY1t �� _
Title: Vlna, ` `��i�
Approved As To Form And Legality
Assistant City Attorney
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�P. �;�����, ����,
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 ��� day of
�P�n�r,G�� , 20 vlr� .
,��ai'"•" e�;, ROSELLA BAHNES
'*: "' MY COMMISSION EXPIRES ��.d��G�Lr'...� �s�'�/�-�L`--�"�
=? '" � Marc.�h 31, 2009
�>�;,QF;��` Notary Public in and for the
State of Texas
��
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 � rrc (� � � ��" ,
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
� f�-Z����w� �S (_� , and in the capacity therein
stated .
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of
p�„�v✓ , 20 d� .
���µ�r AN �tlA E�I' ADA
• ' STATE OF TEXAS
�r ���' / 1 I2007
�� o� �' IAy Camn. E�yW.�i 2
12
Notary ublic in and for the
State of Texas
DOOR ENCROACHMENT INTO
SIDEWALK:
DOOR PROJECTS APPROX. 3'-0"
INTO SIDEWALK.
DOOR IS REQUIRED EXIT.
8TH STREET
DOOR ENCROACHMENT INTO
ALLEYWAY:
DOOR PROJECTS APPROX. 3'-6"
I NTO ALLEYWAY.
DOOR IS REQUIRED EXIT.
Halbach•Dietz
Architects
4388 West Vickery BNd.
Suite 200 FoR Worth,
Texas 76107
�an)�3�-o�2s
(817)737-6261 Fax
www. h a I b a c h d i e tz. co m
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HOUSTON STREET
� � ADJACENT
. BUILDING
AL��EYWAY
HOUSTON
STREET
BAR AN D
PATI O
SIDEWALK
ADJACENT
PARKING
GARAGE
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BUILDING INFORMATION: s��
ADDRESS: 902 HOUSTON STREET.
LOT 2, BLOCK 8, HIRSCHFIELD ADDITION ��
BUILDING TOTAL=2,350 Sqft.
SITE PLAN - DOOR ENCROACHMENT
FOR
HOUSTON STREET BAR & PATIO
902 HOUSTON STREET
FORT WORTH, TEXAS
NORTH
Date 10/02/2006
Project No. 06067
Phase: SCHEMATIC
Sheet No. E'�
Reference No: 2435Y06 �:F: N� 06-1� 11520
Title Co: ALAMO TITLE COMPANY
Rurchaser: DAZB PROPERTIES, LLC
PROPERTY DESCRIPTION
Lot 2, Block 8, HIRSCHFIELD ADDITION, an Addition to the City of Fort Worth, Tarrant County, Texas,
as shown on map recorded in Volume 114, Page 47, Deed Records, Tarrant County, Texas, and being
the same property as conveyed by Juanita Farmer Woody to Ronald Terry Browne and w'rfe. Carolen Sue
Browne by deed recorded in Volume 5873, Page 802, Deed Records, Tartant County, Texas.
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902 HOUSTON STREET
l:. - _ . ' _.: :..�. �•,..:�..: - -
...,,. ,��:� .�L.�J�` 1.':�°�:."•�:`:;�:.:T.�:�;
° � ; i • ', COf{NER �OF � •0lREChSNAL CONTROL LINE � CORtJER � OF "' '
'.�'`• BLDC. RECORD - 25.OD' BLDC. :'!
.S3P 00'E-2 6'^� � "
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� $���
.r . /W 5973 / BD2 ";
LOT 1�� a� K & � �' ~ �.:�•.:
. 26�10 L609/� COYNERCIAL ni ��•,��� �"'r'�,.
� �rt�' BRICJ( ac/F'RM1E� � •-
� CONMERCI4L /tn �''f; •''
.!� BLDC. Z N,. ' v. ''`'
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��'�y -. RECORD - 25A0' �1ER DF':•.
.., OF BIDC. .. . • .BLDG. •
• .. 10' ASPHALT ALLEY . ... . . . .
Co�
TO
LOT 3
'HOUSfON PLACE
LOFT CON�DIAINIUAf
#
. y� �4� �� `e a
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. This survey is hereby
accepted and opproved.
—c— ovextiF.�o unur�s Purchoser
--�--- Fa+cE
� BRICK p Purchaser
� W000 DECK w
SCALE: 1" = 20' � cor+cRefE � Date
Aceording ta F1FiA! MaP 4B439C 0290 J 8-23-00 This propeRy ie �� fib �' � V COPY��� �+0' nprodtlCW� of
locotad in Zone X whieh IS N07 m �he 100 eot s eGial llood hamrd orca. ��Q� �� W��� k� �t It a
Y P Ndat3a� 01 F�dwd oopyrlpht Io�. Th}� Nwyy xo�
THE ABOVE FL006 STATENENT IS B0.5ED ON THE 4AP PANEL SHOWN, AND WH1IE THIS SURVEY P�ortnW �xWlv�ly for tM TRN Campany and Pureha�v
YAY NOT SHOW 1HE PROPERTY TO BE IN tHE 100 YEAR SPECIaL F1000 HAZAFtD MEA, ALL �iw�m ond is Ikvrwd for otN tlrg4 uM, lAp wrvry
FL000 ZONE3 ARE SU&IECT TO SONE DEGREE OF FLOdDING, FOR MORE INFORNATION CONTACi nmdn� thi ptop�r� o( tM S�+vyor. . Do not nwlu
iHE IOCAL FLOO�PWN �D►IINIS7RATOR OR �AUI • � u1MYfhoAZW coplY Or foplrtlf(N Of Ws dOCUTMIt
SURVEYORS CEftTIFlGTION
!, DAhD J. ROSE, REGf57ERED PROF6510NAL lAND SURVEYOR,'HEREBY CERTIFY THAT � �F• Fy
THIS SURVEY W0.5 IM�E ON THE GROUND UNDEFi MY SUPERVLSION AND CbRRECTIY SHOMS ''CP•� \ S T E'• ^y
THE BOUNDARY IJNE, AND DIMENSIONS OF iliE V�N6 INDICATEU hiEAEDN, AND THAT SND ��G � RF` :�
PROPEHTI' WS ACCESS TO AND FR011 A �EUICATED ROMWAY, SND AROPERtt 6EINC SUBJECi *�? �:*
70 AN1' AND ALL EASEMENTS, RESERVATIONS AND RES7F21CT10tlS THAT AV.Y BE OF RECORD, AND TFi4T •••'••'••••••••••'••^•�••
ONIY THE EtSENENTS SHOWN ON THE REFERENCED PLAT OF RECARD AND TISOSE OF WhfICH THE DAVID J. ROSE
SURYEYOR HAS BEEN GNEN 14FiITTEN N0110E FROII iTiLE C04PANY ARE SHOriN ON THIS PUT. •<.•• ••••••••••••••;••
SURYEYOR Oi0 N07 ABSTRACi TMIS PROPERiY AND RQIES SOLELY ON THE 7TiLE WORK PROVIOED 70 •, q�,�j�{$
HIM FOR NOPCE OF ANY F,lSp.lEN15 WF{lCF� A1AY AFFECT THIS CROPERTY,
'! �� O
PR�¢UNE SURVEYINC3, LTD. :�
P.O. Bex 921
�
Mington, 7avei 76�04 '� :
(a»)z�s-ifu oanwn er: �M DATE: 08-07—�6
F�z(e�7)z�s-��a� SURVEY oW.Y YALID WfRi OitIQ7NAl SI RE
CERTIFICATE OF INSURANCE ISSUEDATE(Alnl/DD/1-,-,
10/04/06
rRODUCeR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
GRANT INSURANCE AGENCY,INC EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POL1ClES BELOW
4146 WILLMAN AVE
NoxTx 1ucxL.e.t1D x1LLS, TX 76180-8616 COMPANIES AFFORDING COVERAGE
COMPANY A SCOTTSDALE INSURANCE COMPANY
LE'ITER
INSURED COMPANY B
LETTER
DAZB PROPERTIES, LP COMPANY
P O BOX 940 LETTER C
FORT WORTH,TX 76101 COMPANY
LETTER D
COMPANY E
[.ETTER
COVERAGES
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 COND[T10N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 1�l�HICH THIS
CERT[FICATE 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 PA[D CLAIMS.
CO. T1'PE OF INSURANCE POLICI' NUMBER POLICY EFFECTR'E POLICY EXPiRAT10N ALL LIMITS IN TAOUSANDS
LTR DATE h1/DD/YY DATE M�7/DD/YY
GENERAL LiABILITY GENERAL AGGREGATE S ZOOO
A � COMIv1ERC1AL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE S ZOOO
� CLAIMS MADE � occux. CPS0793927 08/30/06 11/30/06 PERSONAL & ADVERTiSIDIG INJURY S IO��
EACH OCCURRENCE 5 1 OOO
OWNER'S & CON'IRACTOR'S PROT.
FIRE DAMAGE (Any one fire) $ 1 ��
� MEDICAL EXPENSE (Any one person) $ 1
AUTOMOBILE LIABILITY COMBINED
SINGLE 5
� ANY AUTO LIMIT
� ALL ONNED AOTOS B�D�Y
❑TNNRY $
SCHEDULED AUTOS (Per person)
� HIRED AUTOS HODII.Y
� NONONNERAUTOS (Penraccdent) $
� GARAGE LIABILITY
❑ PROPERTY �
DAMAGE
EXCESS LIABILITY bACH pGGREGATE
❑ OCCURRENCE
� OTHER THAN UMBRELLA FORM 5 S
OTfIER
❑
❑
�
DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/RESTRiCT10NS/SPECIAL ITE�IS
CERTIFICATE HOLDER IS AN ADDITIONAL INSURED WITH A WAIVER OF SUBROGATION UNDER THE GL POLICY PER ENDT'S
CG 2010(07-04) AND CG 2404(10-93)
OPERATIONS AT 902 HOUSTON ST.,FORT WORTH, TX 76102
CERTIFICATE HOLDER CANCELLATION
CITY OF FORT WORTH SHOULD ANY OF THE ABOVE DESCR[BED POLICIES BE CANCELLED BEFORE THE
DEVELOPMENT DEPT EXPIRATION DATE THEREOF, THE ISSUING COMPANY W ILL ENDEAVOR TO
1000 THROCKMORTON ST MAIL 3 � DAYS WRITTEN NOT[CE TO TF� CERTIFICATE HOLDER NAMED TO Tf�
FORT WORTH, TX 76102 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHAI,L IMPOSE NO OBLIGATTON OR
ATTN:JIM MILLER LIABILITY OF ANY KIND LJPON Tf� COMPANY, ITS AGENTS OR REPRESENTATIVES
AUTHOR]ZEDREPRESENTATIVE �
' (/`�' �(a�a' - ' -/ (� [7 1 J .
— (/`''
TSU-CI (4/1/97) � �, t ��
«�.,
City of Forf Worth, Texas
Mayor and Coun.cil Communication
COUNCIL ACTION: Approved on 12/12/2006
DATE: Tuesday, December 12, 2006
LOG NAME: 06902 HOUSTON
Page 1 of 1
REFERENCE NO.: **G-15506
SUBJECT:
Authorization to Enter into an Encroachment Agreement with DAZB Properties, LP, Authorizing Use
of the Right-of-Way for Two Door Swings at 902 Houston Street
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into an Encroachment
Agreement with DAZB Properties, LP, authorizing use of the right-of-way for two door swings at 902
Houston; one in the sidewalk and one in the public alley at 902 Houston Street.
DISCUSSION:
DAZB Properties, LP, is in the process of remodeling the property at 902 Houston Street. The proposed
business name is Houston Street Bar and Patio. Part of the remodeling includes a required exit door which
will swing into the alley south of and behind the property. Another door swing extends into the sidewalk area
in front of the building.
The Encroachment Committee has reviewed this request and is recommending approval.
The DDRB approved the remodeling and sign on November 2, 2006 with the case number of DG-06-091.
The encroachment will be in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers
Submitted for City Manager's Office bX:
Originating Department Head:
Additional Information Contact:
FROM Fund/AccountlCenters
Dale Fisseler (6140)
Bob Riley (8901)
Susan Alanis (8180)
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 1/30/2007