HomeMy WebLinkAboutContract 43526 (2).;quvSECRETARY)
CONTRACT NO
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
Fort Worth Affordability, Inc
acting herein by and through its duly authorized
Barbara Holston /Secretary Vice President & CEO
hereinafter referred to as "Grantee", Owner of the property located at
303 & 307 Crump Street
Ft. Worth, TX 76102
("Property").
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,
03-22-12 PO4
IN
1
({ :aIt 111r t` )t4 C) t 1in\i t'
Y
sidewalks and other public rights -of -way, such Improvement(s) are described as
follows:
(2) 48" W metal awnings at various lengths to replace the awnings
that were on original Historic building over the existing sidewalk along
2nd & Crump Street to comply with the Historic design criteria.
As well as (3) 48" W x 125" L metal awnings over the existing sidewalk
along Crump Street to comply with the design criteria to conform with the adjacent
remodeled Historic building.
In additional to adding (1) 24" U-shaped bicycle rack on the sidewalk along 2nd Street.
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.
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
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 ($ 275.00 ),
7.
The term of this Agreement shall be for thirty years, commencing on the date this
Agreement is executed by the City of Fort 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 hen on the
Property for the costs expended by the City to remove such Improvement.
4
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.
5
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,
S UBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; AND
GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
S UCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL
L IABILITY 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
7
described in Exhibit "A". The amounts of such insurance shall be not less than
the following:
$1,000,000 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
EXECUTI D thisalday of
City
City of Fort Worth
By:
RANDLE HARWOOD
DIRECTOR
PLANNING & DEVELOPMENT
ATTEST:
City Secreta
20
Grantee
recc-Akisictirk yguic
By � ofclLcucG. J/144&-pou
Name: Barbara Holston
Title:
Secretary Vice President & CEO
Approved As To Form And Legality
Assistant City Attorney
10
NO/
•
OFFICIAL RECORD
CITY SECRETARY
FT. WORM TX
to
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 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 n day of
MAA-cfct-ti- , 20
IRMA MEW
Notary Public
STATE OF ThXAS
My Comm. Exp. Jon, 28, 2016
ma lb%
•
a
s
t-/C1 keAk_
Notary Public in and for the
State of Texas
11
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 Barbara Holston
7
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
303 & 307 Crump Street +Ft. Worth, TX 76102 , and in the capacity therein
stated.
_GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
y �
ci> 20
_-.
•
ds es 0
. II
1:46f!. Yr i 0)
fFlot `°
- A41 . •461 n. -
EV/\ C. KEY
MY COMMISSION EXPIRES
August 12, 2013
,-1
.,
Jf
Notary Public 1
State of Texas
and for the
12
•
F
EXISTING RESIDENCE
t in
I
_a_p—EL Int a.a asa. I. as e •_•I ▪ - ••••.._.losiusilitr
1
CI, Imavm . MUM wavm ILexvm maven warm mane : wmm'
• III 121 114 125 2O4 2e , 222 221
18 PARKING
SPACES
5 m tIW% • V Dn ..}'
HISTORIC
REMODEL
d BLDG.
Qt 1 SITE / FIRST LEVEL FLOOR PUN
Ma NORM lob vr.te
IO m 1405 R . DO .4'
LOT 1
11,000 S.F.
.M25 AC.
a
_. •WOa•
CRUP STREET
61
'1
I II
I O
r
IIIr-i -.
NEWLY
!CONSTRUCTED
-Na
BLDG.
2-STORY
6438 SF
8 UNITS
EXISTING
CHURCH
Man a or
Mal
a—U,11111104.1000 or for von
Ian 0LCAf uMa -YM
aAMla ua. a0
CC Y14R 167
PAW
v' v v v v
OEM e • MIN -PROPERTY L.E
-UNITY EISDRDIT
-EARTNC STORM SEWER UIE
ss — EAISTPG SWAT SEWER LNE
` W•••••• - OWING MMER LINE
ter CONCRETE SIDEWALKS
PARK
_ _ _ NEW CONCRETE CURB AND GUTTER
.12
STAMPED CONCRETE
L{+ - HERRINGBONE PATTERN
STAMPED CONCRETE
- UNIQECDR PATTERN
STAMPED CONCRETE
- SOLIDER COURSE
BRICK PATTERN
(1) CONCRETE a1EEI. STOPS. RE I/AC 1
rj) ACCESSIBLE PARKMO SIGMGE, RE la 8/A0 1
> (s) ACCESSWLE ACRE STRING
-PANTED 6- WOE- DP
(q ACCESSIBLE PAINRD STLBOL
RE 9/M04- is
(i) ICCFG 1F cONCftt RAMP. rot SLOPE 112
RE' 1/601 a CML
(e) TRASH ENCLOSURE. RE 13/A3
(t 6' *ROUX WON FENCE a GTE
RE Ta R/A03
(P) RAISED (1'-6 1/2- HI ONISGPE RANTER
Rt to 4/1401
(1) EXISTING uWOEPGRDUND CABLE/
tUECO lWOC*1CN IMAM TO RUWN
m EX$BNG DECCRAME SCOW( UGNT NU.
TO BE REMOVE MIRING DEMOKGN a
RENSTAl1WO AFTER NEW SIDEYWNS ARE COLIPLEIED
d$ EXISTING SIDEWALK UTIUN COVER
Qj Na AFIp;9aE FT WORN STANDARD
r TYPE T' SIDEWALK CURB RMLP, RE I4A/003 a p9L
•$ EXISTING UGNT POE
0 NEW IMGFORMER a CONCRETE PAD a UW6F0RIdER.
RE MEP
NEW V SOTTO POWDER W1TED RENE BCYCLE RACK
RE 5/At♦
NotE
• REFER 10 SHEET AO3 a CmL FOR PRANG DONIS.
SOOALK DETAILS. C0N51RumoN JOINTS AND ElPANSION CANTS
SPE PLAN OI4DCA6 ARE FOR REFERENCE Coda CONTRACTOR
SNAIL ARM ALL c0NDLIIONs AND MRFY AFYAWFECT a ANY
DISCREPANCIES PRICK TO CAWCNCNC WON
CONTRACTOR To CUT & PEW ANY 11a1R0 SEANCES
ON SITE BEFORE CWS1RUCT N RE 1EP-1
NOTE REFER TO SHEER TAS-I. tAS-2 a 1AS-0
FOR ACCESSONTY CODE REWWEMFNIS
CONTRACTOR AND ALL SUB-NNIWCTDRS
WILL CARPET WIM ALL ACCESSIBILITY CODE
PARKING IKOUWEMATIS
PMagc SP.M};S REWIRED
(2MoNG RED II' CENIRW)
• PM%ING SPACES PROVED
ACCESSIBLE PARKING REQUIRED
ACCESSIBLE PAXNG PROMO W
aCTYE RACK REQUIRED
(I PER / 15 PANNG SPACE RED)
BICYCLE RACK PPOADED
D SPACES
IR SPACES
SPACE
2 SPACES
RACK
RACK
NOTE SITE RAN ONENSIONS ARE @R REFERENCE ONLY
CONTRACTOR SHALL v€R9Y ALL CCNOITOFS AND TOTFY ARCHITECT
OF Off OSCREPANCKS PRIOR 10 CONLEMCING ROM
—der
P.•W•
anaA.•
06501.51
mos
KNIGHTS OF
PYTHIAS
REMODEL &
ADDITION
NO Oak 1RT
RAT vomit'
E OUIR•3A01marry
a•.NM not m ran
p w I21013 mm.al AWn
al orient: 9t atv lOm
0 7NMn m MCIAMRM
- s BEN mn a. ato MGM
cl.[Y.a oY
worn monager CC
t' 06072012
[Inman monoge GO
670, 06072012
lab no
TOM
Owe MN
vrt PLAN
that no
S
d
A0.1
1
1
1
1
1
1
1
1
1
1
I
1
1
•1.
4
nrz %
or OM
J
4
'l•
. /
EXISTING RESIDENCE
=.a_■
• ,
1 $ RESQVw MOM ROIIRVICI
li, 121 122 123 '
ROIIVm
126
•__ �■ •i
1
seseivm I mum ; mem team Imam
12! I 234 227 222 221
1 I0'
11r
18 PARKING
SPACES
5W--•I•ua.as•
HISTORIC
REMODEL
'Ra
BLDG.
2-STORY
6;606 SF
10 UNITS
Vert 1 A mil, ;
QES) 1 SITE / FIRST LEVEL FLOOR PLAN
TRUE: NORTH 1ta1. yr • ro
r
1000SACCi10'(1.to'
LOT 1
,1,000 S.F.
.2525 AC.
2 CO
slca
• I. 401 •1'
0'
a_.
1 CO
•rc1o1
.1r
fl/ \
�-i
NEWLY
CONSTRUCTED
" Na
BLDG.
2-STORY
6.838 SF
e UNITS
II
Lij
ro
11'
Wx1ATMS
T-0)'
••
I1•-4•
/
II %
.1I
II I
II
1I
1
I
EXISTING
CHURCH
touan RAc a
I001 1
111111011 1 OUP 111141111301
01 ROCK 22. 0•RR% Tat or tar won11
10145 0zC111t saws mow
S' ILIUM orol • R0• MN
10L 7071• PC MT
►RIGT
r
_ .. - -PRC.Vr'r LM
_-UTTUTY EASEMENT
-ExISTING STORM SEVER UNE
u-EA6TINC SWARM SERER UNE
OEM wNNIM. Ex TING WATER LINE
•
NEVI CONCRETE SIDEIKALKS
PAVING
NEw CONCRETE CURB AND CUTTER
STAMPED CONCRETE
- NERRINGBoNE PATTERN
STAMPED CONCRETE
- UNIDECOR PATTERN
STAMPED CONCRETE
- SOLIDER COURSE
BRICK PATTERN
72)(1):
CRETEKHEEL STOPS.REI/Ao3SSIBLE PARKING SICNACE.RE.7t6/AO3SSI�F AISLE STRIPING -PAINTED 6' HIDE-TYP ACCESSIBLE PAINTED SYMBOL
RE: 9/AO.3- TYP
(U ACCESSIBLE CONCRETE RAMP. MAX SLOPE 112
RE. I /AO • k CI L
(1) TRASH ENCLOSURE. RE 13/A0.3
(t) 6' *FOUGHT IRON FENCE at GTE
RE. 7 t 6/A0.3
(J) RAISED (1'-6 I/2' H) LANDSCAPE PLANTER
RE 3t 4/AO
(� ExiSTNG uNOFRCROUND CABLE/
TELECOMMUIICATION BOLLARD TO REIMIN
44 EXISTING DECORATIVE SIDEWALK UG►iT POLE:
TO BE REMOVE DURING DEMDUTION Q
REINSTALLED AFTER NEVI SIDEWALKS ARE COMPLETED
Q$ ExiST1+G WC$A JC UTIUT t
Qi w W ACtfS581E FT rORTHCOVER STANDARD
POLEEVIA
EXISTING
TYPE UCHT b• SOLK CURB RAMP, RE 14A/A0 3 t CNL
�$
4 NEw TRM4FOIOIER k CONCRETE PAD t TRANSFORMER.
RE MEP
t. NEW Y SHAPED POKIER COATED METAL BICYCLE RACK
RE. 5/AO.4
NOTE.
REFER TO SHEET A0 3 t CML FOR PAVING DETAIL.
SIDC AuC DETAILS. CONSTRUCTION ,10WTs AND DPANSION ANTS.
SITE PLAN DIMENSIONS ARE FOR REFERENCE ONLY CONTRACTOR
SHALL VERIFY ALL CONDITONS AND NOTIFY ARCHTTECT OF ANY
DISCREPANCi5 PRIOR TO c01r1ENCRAG wOlbt
CONTRACTOR TO CUT t PLUG ANY UNUSED SERVICES
ON SITE BEFORE COP6IRuCT10N. RE. MEP -I
NOTE REFER TO SHEETS TAS-1. TAS-2 t TAS-3
FOR ACCESSIBIUTT CODE REOUREMENTS
CONTRACTOR AND ALL SUB -CONTRACTORS
IMILL COMPLY KITH ALL ACCESS&UTY CODE.
PARKING REOUIRENNETS
PARKING SPACES REOURED
(ZONING REG ->l' CENTRAL)
PARXING SPACES PROVIDED:
ACCESSIBLE PARKING REQUIRED:
I, ACCESSIBLE PARKING PROVDEO.
BICYCLE RAC* REQUIRED'
(1 PER / 35 PARKING SPACE REO )
BICYCLE RACK PRONGED'
o SPACES
le SPACES
1 SPACE
2 SPACES
I RACK
RACK
NOTE SITE PLAN DIMENSIONS ARE FOR REFERENCE ONLY
CONTRACTOR SNAIL ARP ALL CONO1T10NS AND NOTFY ARCHITECT
OF ANY DISCREPANCIES PRIOR TO Cow l:NC:NG woR%
µ `de. It ASSOCIATES. INC
emir. • Awn • wromp
rfir
HMO Cimmo
Oa% Us
101
010.4.1
w 1w
rite.
•.,,.11111.
KNIGHTS OF
PYTHIAS
REMODEL &
ADDITION
310 ORM SRC
1QT TAM 1X
FORT WORTH
Houra+o AunERrrY
111l cow
0/0/2017 Wt nal 1010
Q o1 122012 ocioemo1T >Ru1
• 0111.2012 aM MO ■1•a
O 0714.1012 OTr 0IO ATIASICII
• • 012012 an Arm moot
c111c0r01 0y
proNct manager CC
d01r 06 07 2012
drawn mawgr GD
dole 06 07 2012
T1111t till*
9TE RAN
M1001 00
A0.1
RR 1001. C W PI- %\IIn*- \h-d•\IWYiJ-o2.s4-r ., Maly111F11%
0 Ibne • 4etrle* K
X s it a s
•
ss a
I>g n
—
<s
PROPERTY LINE
99D0
Y s s s P
8 8 8 8 e
ad
trt
ts
I
O
O
R
it