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HomeMy WebLinkAboutContract 43865 (2)CITY SECRETARY 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 Planning and Development Department Director, hereinafter referred to as the "City", and Rflchswd Ot Chandra Rficacetti, acting herein by and through its duly authorized owner hereinafter referred to as "Grantee", Owner of the property located at 700 bockof Hawthorne Ave. 2100 bbfock o' Hermph0H Street ("Property"). WITNESSETH: 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: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1 11-00-12 P03:06 IN Installing a 6' iron fence on the south side of the 700 block of Hawthorne Ave. The fence is in two sections with the western section approximately 50" and 62" into the City's right of Y and the eastern section of the fence approximately 77" to 80" into the City's right of way. 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. 2 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 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. 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 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 two hundred and seventy five dollars ($275). 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. 8. 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. 9. 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. 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 COVENANTS 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, LICENSEES OR INVITEES OF THE CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLIMS 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 described in Exhibit "A". The amounts of such insurance shall be not Tess than the following: $1,000,000 Commercial General Liability 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. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas 17. 8 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 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 day of City City of Fort Worth By: Rand! Harwood • Grantee (Richard & Chandra Riccetti) By: 6,11i&ki ae-yeaetig Name: Chandra Riccetti Title: Owner By: Name: Richard Riccetti Director voi. �n Title: Owner Planningand Develo rune 9 � ,cy yop 000� * U o� ?)% op 0 o 4e . roved As To Form And Legality 0 ta 0 O a i" 1 -'l 0 UUU �UU *-- 4,0000 tity ecre k11,1 ,#c s / tat\ IPAssistant City Attorney ATTEST: riot OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 10 STATE ATE OF TEXAS COUNTY Y OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Rardlle Hamm td, known to me to be the person whose narne is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the sarne for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. rIrt GIVEN UNDER MY HAND AND SEAL OF OFFICE this g day of 1)/)1)--€-,Ase.„.. , 20 oM.f i.i• SCA I: .I• I.om. I. • u IRI1/4IIA SAENZ Notary Public STATE OF TEXAS o�s My Comm. Exp. Jan. 28, . . k k-eAtC Notary Public in and for the State of Texas Il 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 Richard & Chandra Riccetti, 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 property owner of the south side of the 700 block of Hawthorne Ave. (2100 Hemphill & 715 Hawthorne Ave.), and in the capacity therein stated. GIVE . UNDER MY HAND AND SEAL OF OFFICE this o2nd day of Jets ,20 /� PATTIE BRANNAN i Notary Public, State of Texas My Commission Expires OCTOBER 29, 2014 Notary Public in and for the State of Texas Pre -Application Overview for Encroachment of City Right of Way — 700 Hawthorne Ave. Revised After Comments from FW City Planning and TPW - August 2012 We have two security issues that result in an encroachment request and we need some assistance. Due to our location just off Hemphill, evening and night security is an issue on Hawthorne Ave. It is a convenient location for rapid or crimes of opportunity. We would like to minimize the risk of any such convenient crime in this location by installing a historic appropriate 6' iron fence. Though a 6' iron fence has already been approved by City Council on our site plan from 2009 we would like to add a fence section and move it about 50" (noted below from our property line) in one part and 77" in another part onto the City's right of way (see attached site plan and photos): 1. We are trying to connect the parking lot with the interior courtyard so future residents and patrons can walk from their cars to the interior courtyard without fear. We want to create a safe environment. 2. In the past, the trees along the building have been used by thieves to gain access to the roof and the interior courtyard — we do not wish to remove the trees. These trees beautify the property and the area but create a weak spot in our security. We would like to install an appropriate 6' iron fence — similar to our two neighbors (photos on next page). To do this properly we need to move it about 50 inches onto the City's right of way to maximize effectiveness (up to the existing sidewalk). In return for permission we will install approx. 100' of 5' wide sidewalk when we install this portion of the fence to enhance the appearance of the block. Proposed fence line; we will create a secure walkway from the parking lot to the courtyard/residence. The existing chain Zink fence from the 1960's is on the property line and in the parking lot about 14" outside of the property line. We will eventually replace it with a historically appropriate 6' tall and %" thick picket fence. We would like to install the fence just up to the sidewalk (like the neighbors). Below is the City approved site plan from Dec. 2009. We will move the existing stop sign on Hawthorne about 25" to the right to be next to the new sidewalk and very visible. •ET 12' OD F EXISTING 6' CHAIN LINK FENCE 7 •, Y..I WMO afi /—EXISTING 6' CHAIN o@ I INK FFrJrF HAWTHORNE AVENUE (60'RAN 0 /// 0 // SD 0 61.4n' "1.0' -f 1- FROPCSEJ PROPOSED 9 WPOUGHT N OHEMPHILL 2S,o: In reurn for permission we will install • apiroc. 100' of 5' wide sidewalk,wh'en' - Wei stall this porti n,otrtne tence to ehha cethe appearance of the bl ock. '1 M1 STREET _ _ •SI LIGFnT r, S MAX. ,I , I Both neighbors (below) have 6' iron fences up to the side walk — the basic style we intend to install and placement is similar to neighbors on Hawthorne Ave. and Lilac St. 700 block of Hawthorne, just across the street. 1 Other side on Lilac, 2300 Hemphill on Lilac, just across the street of The Bastion. Pre -Application Overview for Encroachment of City Right of Way — 700 Hawthorne Ave. Revised After Comments from FW City Planning and TPW - August 2012 Curb edge to side walk (grass): 70" Sidewalk 48" Building wall to sidewalk 108"-113" Proposing to continue existing fence line by installing a new wrought iron fence 50" to 62" into City's Right of Way Request: To build fence 118" from curb start 1-1 "%o I H U fl I I AVENUE ( 60' I14V ) 1 ` 4 OP_.J1 r -1:0.1 J" Eric roac i`m nt'fr i i property line is 50" on left aridl62 on right The new fence line -Will create a secure walkway from the parking lot to the courtyard/residences. 227 Proposed sidewalk width: 60" (per TPW request) Building wall to start of curb 24' 3" Large tree trunk from curb: 86" Proposing to move new fenceV7" into City's Right of Way Request: To build fence 49-52" from curb start 118" - ; I r_ We will build a wrought i n gate as previo ly' approved by City, just moving it out to fence. Chain link gate currently exist s. P FFT C DEL•° 60" ,F 1 ,•••• i51 {i 77" ,I3 1 As you can see is it our intention to beautify the street and the intersection while making the street less inviting to potential criminals. The encroachment request for this portion is for 77" in City's Right of Way and 60" from the curb start. (60" per TPW) Proposed fence line. Previously noted above the fence must be historically appropriate for the neighborhood. We will use a similar classic style common for over 100 years. %" thick pickets (similar to 2200 Hemphill). Pre -Application Overview for Encroachment of City Right of Way — 700 Hawthorne Ave. Revised After Comments from FW City Planning and TPW - August 2012 Thank you again for your time to review the pre -application proposal for an encroachment agreement for 700 Hawthorne Ave. (between Hemphill and the end of Travis Ave.) If there is additional information you need please do not hesitate to contact me. Contact information: Richard Riccetti 2204 Lipscomb St. Fort Worth, Texas 76110 817-880-5385 cell Requirements for encroachment request: • Ownership of property —Yes, we own the property, Chandra & Richard Riccetti • 8 %" x 1" Site plans with measurements — included • $275 with submission of application — not an issue • 30 year agreement — not an issue • City of Fort Worth noted as insured for potion of encroached area — not an issue • Continue to maintain wheel chair accessibility to courtyard on existing site per Evan Roberts —CBO) In 2013, as the elm tree continue into their last decade or two we will plant medium caliper oaks on Hawthorne Ave. on the portion close to Hemphill St. AC p® 9/10/2012 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 Higginbotham Insurance Agency, Inc. 500 W. 13th Street Fort Worth TX 76102 INSURED Bastion Restaurants, Inc. Richard & Chandra Riccetti 2204 Lipscomb Street Fort Worth TX 76110 CERTIFICATE OF LIABILITY INSURANCE BAST! COVERAGES CERTIFICATE NUMBER: 1045979648 CONTACT NAME: �AH/cc. No. Ext1:817-347-7013 ADDRESS:krooszlahhioalnbotham.net INSURER(S) AFFORDING COVERAGE INSURER A :Scottsdale Insurance Company INSURER B INSURER C : INSURER D : INSURER E INSURER F : DATE (MM/DD/YYYY) aC. Ne):817-347-6981 REVISION NUMBER: NAIC # 1297 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 INSURANCE ADDL SUBR POLICY EFF POLICY EXP WM/LIMITS LTR INSR VD POLICY NUMBER (MDD/YYYY) (MM/DD/YYYYI A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: I POLICY I RO- .PI CT I LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS rilSCHEDULED AUTOS NON -OWNED AUTOS UMBRELLA LIAB EXCESS LIAB DED I I RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below OCCUR CLAIMS -MADE YIN N/A CPS1624457 3/15/2012 B/15/2013 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER City of Fort Worth 1000 Throckmorton St. Fort Worth TX 76102 • CANCELLATION EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $1000000 $100000 $5000 $1000000 $2000000 $2000000 $ COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE I TORY 1 IIMITS I ICI ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT EXHIBIT B SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN .. ACCORDANCE WITH THE POLICY PROVISIONS. 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