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HomeMy WebLinkAboutContract 48185� I ARY CQAITCfry���ip � SEPRIGHT OF WAY CIlyOFft, ENCROACHMENT AGREEMENT (CoMAIEnC«c) 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 Pinnacle Bank a Texas Banking Institution , acting herein by and through its duly authorized Regional President, Ronny Korb hereinafter referred to as "Licensee", Owner of the property located at 250 Lancaster, Suite 100, Fort Worth Texas("Property"). AGREEMENT 1. For and in consideration of the payment by Licensee of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Licensee 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: Wheel Chair Ramp 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 2014 ROW Encroachment Agreement-Commercial rOIFIRCIAL RECDgpPage 1 of 10 f_ Pe 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 Licensee 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. Licensee, 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, Licensee 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, Licensee understands and agrees that City shall bear no responsibility or liability for damage or disruption of improvements installed by Licensee or its successors, but City will make reasonable efforts to minimize such damage. 2014 ROW Encroachment Agreement-Commercial Page 2 of 10 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, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Three Hundred and Twenty-Five Dollars ($325.00). Upon execution of this Agreement and annually thereafter, Licensee agrees to pay a fee in the amount of$.56 per square/linear foot of the encroachment area. 7. The term of this Agreement shall be for thirty(30) years, commencing on the date this Agreement is executed by the City of Fort Worth. Provided however, this Agreement shall terminate upon the non-compliance of any of the terms of this Agreement by the Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty days this Agreement shall be deemed terminated. 8. Upon termination of this Agreement, Licensee 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 Licensee that if this Agreement terminates and Licensee 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 2014 ROW Encroachment Agreement-Commercial Page 3 of 10 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. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Improvements over or within the described public right of way and is not a conveyance of any right, title or interest in or to the public right of way nor is it meant to convey any right to use or occupy property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permission before occupying such property. 11. Licensee 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. Licensee 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. Licensee 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, 2014 ROW Encroachment Agreement-Commercial Page 4 of 10 servant or employee of City and Licensee 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 Licensee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 14. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS 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 LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE 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 LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 2014 ROW Encroachment Agreement-Commercial Page 5 of 10 15. While this Agreement is in effect, Licensee 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 less than the following: $1,000,000 Commercial General Liability with the understanding of and agreement by Licensee that such insurance amounts shall be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee 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". Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Licensee 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 Licensees' contractors. 16. Licensee 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. 2014 ROW Encroaclunent Agreement-Commercial Page 6 of 10 17. In any action brought by the City for the enforcement of the obligations of Licensee, City shall be entitled to recover interest and reasonable attorney's fees. 18. Licensee 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 Director of Planning and Development. 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. EXECUTED this�- day of , 2014) . 2014 ROW Encroachment Agreement-Commercial Page 7 of 10 City Licensee City of Fort Worth Pinnacle Bank By: By: Randle Harw d, Director Name:Ronny Korb Planning and Development Title: Regional President ATTEST: Approved As To Fonn and Legality o°Gk7�c 00Oo City Se ' Assistalntity�Attorney q, ° COQ°oono°° OFFICIAL RECORD CITY SECRETARY rr-T.WORTH;TX 2014 ROW Encroachment Agreement-Commercial Page 8 of 10 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 North, and in the capacity therein stated. GI EN DER MY ND AND SEAL OF OFFICE this da y of CASSANDRA R FOREMAN pY P Notary patbllc 3tOt@ Ot T@xa5 J :ter My Cornmisslon Expfto3 Aptll 26, 2417 w4t-4� Notary Public in and for the State of Texas 2014 ROW Encroachment Agreement-Commercial Page 9 of 10 III ii STATE OF TEXAS COUNTY OF TARRANT § BEFORE ME, the , a undersigned authority, Nota Public in and for the State of g Y Notary Texas, on this day personally appeared Ronny Korb, Regional President of Pinnacle Bank, 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 Pinnacle Bank, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 11 day of 20I!. PATRICIA A. SANFORD Notary Public,State of Texas - yc My Commission Expires January 07, tote Notary Public in and or the State of Texas 2014 ROW Encroachment Agreement-Commercial Page 10 of 10 EXHIBIT"A" "ENCROACHMENT AGREEMENT" Being 192 square feet of land encroaching into the existing Right-of-Way (R-O-W) of W. 15th Street, an existing R-O-W being 44.09 feet in width in the City of Fort Worth, Tarrant County, Texas; said 192 square feet of land being more particularly described by metes and bounds as follows: COMMENCING at an "X" found recovered in concrete at the northwest corner of Lot 34R, Block V,Daggett's Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat filed in County Clerk's(C.C.)#13215031133,Plat Records of Tarrant County, Texas (P.R.T.C.T.), also being the southwest corner of Lot I R of said Block V and also being in the east line of Block 3,Jennings East Addition,an unrecorded addition to the City of Fort Worth,Tarrant County,Texas,from which a PK nail recovered at the northwest corner of said Lot 1R,also being the northeast corner of said Block 3 and also being in the south line of Lot 35,Block V,Daggett's Addition,an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat filed in C.C. #D214116754, P.R.T.C.T.,bears,N 00°25'51"W,a distance of 100.18 feet; THENCE S 00°25'51" E, along the west line of said Lot 34R and along said east tine of Block 3, at a distance of 116.82 feet passing the southeast corner of said Block 3, also being the northeast corner of said R-O-W for W. 15th Street and continuing along the east R-O-W line of said W. 15th Street,at a distance of 142.15 feet passing the southwest corner of said Lot 34R,also being the most northerly northwest corner of Lot I R,Block W of said Daggett's Addition, (C.C. #D215031133, P.R.T.C.T.) and continuing in all, a distance of 160.91 feet to the southeast corner of said W. 15th Street, also being a reentrant corner of said Lot I R; THENCE S 89034'09" W, along the south line of said W. 15th Street and along the most southerly north line of said Lot IR, a distance of 15.26 feet to the POINT OF BEGINNING of the hereinafter described tract of land; THENCE S 89034'09"W,continuing along the south line of said W. 15`h Street and along the most southerly north line of said Lot 1R,a distance of 32.00 feet,from which the most westerly northwest corner of said Lot IR, also being the intersection of the south R-O-W line of said W. 15th Street with the east R-O-W line of Jennings Avenue, bears S 89°34'09"W,a distance of 12.74 feet; THENCE over and across the R-O-W line of said W. 15th Street,the following courses and distances; N 00°25'51"W,a distance of 6.00 feet; N 89034'09"E,a distance of 32.00 feet; S 00°25'51" E, a distance of 6.00 feet to the POINT OF BEGINNING and containing 192 square feet or 0.004 of an acre of land. F ----V�-J -ems— Date: ember 18,2015 Theron W.Sims,R.P . . THERON W.SIMS Texas Registration No. S7. z' 5887 � Surveyed on the ground,October 5,2015 ��,��gSS%cl SURVE Revised to add water info 7-7-16 1.Bearings are based upon G.P.S. methods,using NAD 83,Texas North Central Zone Datum with all distances and coordinates adjusted to the surface by a combined scale factor of 1.00012. 2.Integral parts of this survey: a.Legal Description b.Sketch Sheet tof2 PBK 15263 NOTES: 1) Bearings are based upon G.P.S. methods, using NAD83, Texas North Central Zone datum with all distances and coordinates adjusted to the surface by a combined scale factor of 1.00012. 2) Water fine info show hereon was derived by field ties and info from plans, SCALE: 1"=50' dimensions shown are field verified. 3) Additional easements may exist and not be shown. 4) Integral parts Of this survey: \ a.Legal Description \ / b.Sketch LOT 35, BLK. V 3 L DAGGETT'S ADDITION C.C. JD2141 16754 PK NAIL RECOVERED \ (CONTROL MON.) LOT I0R1, BLK. V DAGGETT'S ADDITION C.C. JD215031133 CID P.R.T.C.T. CJp o W —V ^� LOT 1R, BLK. V Q N JO I DAGGETT'S ADDITION N C.C. #0215031133 ZP.R.T.C.T Q L s P.O.C. — — `t p 0 'X"CUT RECOVERED IN CONC. 2 Line # Direction Length Z 2��w (CONTROL MON.) M `N IcNi L1 589'34'09"W 75.26' �_r7 L2 589'34'09"W 32.00' N LOT 34R, SLK. V Y o L3 S89'34'09"W 12.74' I m N DAGGETT'S ADDITION C.C. #D215031133 L4 N0o'25'51"W 6.00' P.R.T.C.T L5 N89'34'09"E 32.00' L6 S00'25'51"E 6.00' � +L WATER VAULT IN W. 15th St. o CONC. (TVP.) 3 57.8' 36.9' �_ --- A-------------------- ---------W5W W — — — -- 3 L3 JU — ———— — — ` WW� ------------- ----------- APPROX. LOCATION 24" WIDE PUBLIC L2 06 OF WATER LINE ACCESS & UTILITY ESM'T. P.O.B. LOT 1R, BLK W C.C. 1ID2150JI133 WATER DAGGETT'S ADDITION P.R.T.C.T. VALVE ENCROACHMENT VALVE C.C. #D21503)133 AGREEMENT ESM'T P.R.T.C.T. 192 S.F. W. LANCASTER AVENUE — — EXHIBIT"B" Of ENCROACHMENT P GtSTeq•• AGREEMENT THERON W. SIMS, R.P. . y;a�� � Fo'•.N TEXAS REGISTRATION 5887 Date: November 18, 2015 nlEttoll w. slMs v••••••••••••••••••' •• Being a portion of Lot 1R, Block W, an Addition to Surveyed on the ground 5857 aP the City of Fort Worth, Tarrant County, Texas, October 5, 2015 �gti0° essyo� according to the plat filed in County Clerk's Revised to add water info 7-7-16 SURA #D215031133,Plat Records of Tarrant County,Texas, teague nail & per ins 5237 N.Riverside Drive,Suite 100 Fort Worth,Texas 76137 ttnp 817.336.5773 ph 817.332.7756 fx JOB No. PBK 15263 www.tnpinc.corn/Registration No.100116-00 SHEET 2 OF 2 EXHIBIT"B" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY)6/17/2016 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 NAME: Al l sha Johnson Bai 1 e Insurance and Rl sk management PHOoNE - Fq,qX� (254)753-1132 y g (A/C,No,Ext): (A/C,No): 1201 Washington Ave. AODREss:a]isha@bai1eyinsurance.com P.O. BOX 298 INSURER(S)AFFORDING COVERAGE NAIC# Waco TX 76701 INSURER A:Cincinnatl Insurance Company 10677 INSURED INSURERB:TeXas Mutual Insurance Company 22945 ABP Development, LLC INSURER C:Travel ers 10100 Form studios, Inc INSURER D: 300 Burnett street; Ste 120 INSURER E: Fort Worth TX 76102 INSURER F: COVERAGES CERTIFICATE NUMBER:2016 Master 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. INSLTR TYPE OF INSURANCE NSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTE A CLAIMS-MADE I X 6CCUR PREMISES(Ea occur ence) $ 500,000 ENP0324688 5/2/2016 5/2/2017 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 �L lIvSFFRFS PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- JECT RO JECT PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILI (Ea accident) $ 1,000,000 Y ANY AUTO ALL BODILY INJURY(Per person) $ A OWNEDAUTOS SCHEDULED AUTOS NOW ENP0324688 5/2/2016 5/2/2017 BODILY INJURY(Per accident) $ HIRED AU OWNED X X AUTOS (Per accident) $ UMBRELLA LIAB X OC EACH OCCURRENCE $ 5,000,000 A X EXCESS LIAB CUR AGGREGATE $ 5,000,000 DED I I RETENTION$ ENP0324688 5/2/2016 5/2/2017 $ WORKERS COMPENSATION X SPER TATUTE ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ 1,000,000 B Mandatory in NH) TSF0001237191 5/2/2016 5/2/2017 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L-DISEASE-POLICY LIMIT $ 1,000,000 C EXcess Liability ZUP-21N45087-16-NF 5/2/2016 5/2/2017 Each Occurence $5MM Excess of Cincinnati $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) BEFORE— CERTIFICATE o?LQORt Worth CI HE SO EOEscRf d N DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton ACCORDANc9Wft FA@1,tA6 QQ13R0RATION. All rights reserved. Forth Worth, TX 76102 AUTHORIZED REPRESENTATIVE C wes Bailey/ALISHA �-�- INS025(201401)