HomeMy WebLinkAboutContract 45083-A1T1 l� 234 56 �
8 CITY SECRETARY
��O r CONTRACT N0.
f ��"6�p�p� � TERMINATION OF ENCROACHMENT AGREEMENT
�
y "'' CITY SECRETARY CONTRACT NO. 45083-Al
This TERMINATION OF ENCROACHMENT AGREEMENT OF CITY
SECRETARY CONTRACT NO. [45083-A1 1, 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 Texas Health Resources [Name of 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. [45083-A1 ] on November 8, 2013 (the "Agreement")
to authorize the use of certain encroachments for the purpose of
[Installation of a canopy that encroached into the R-O-W ];and
WHEREAS,the parties wish to terminate the Agreement.
NOW THEREFORE, City and Licensee, acting herein by and through their duly
authorized representatives, enter into the following agreement:
1.
The Agreement is hereby terminated,effective on [February 6, 2015
2.
Pursuant to Section 19 of the Agreement, Parties hereby agree that the requirements of
Section 8 of the Agreement shall survive this termination.
First Amendment to CSC No. [ ]
[Insert name of licensee] OFFICIAL RECORD
CITY Se�lrARY
Fr.MrORTM,TX
EXECUTED on this the. day of 2018.
CITY OF FORT WORTH
10
Randle Harwood
Director, Department of Planning and Development
Approved as to Form and Legality: Attested By:
ge Meb ne Mary J.Kayse
Assistant City Attorney City Secretary
Licensee: a name in vidual(s))Texas Health Resources
By: 1295° _
Printed Name: M. Sullivan Jr.
Title: [Title of Exec t President/Real Estate Operations
Vice
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 reporting requirements-
1
41e S. Morales
Development Manager
OFFICIAL RECORD
First Amendment to CSC No. ] CITY SECRETARY Page 2 of 3
[Insert name of licensee] Py.WORTIH1 rX
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. 44
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1D+K day of l! , 20 0.
=K' W
CK
ER LOUISE EZERNA
Public,State at Texas
. Expires 94A 1A
03 01.2020Notary blic, St to of exas
tary ID 130561630
STATE OF TEXAS §
COUNTY OF TARRANT §
Jon M. Sullivan Jr., Vice President, Real Estate Operations
BEFORE ME, the undersigned authoritya Notary Public in and for the State of
Texas, on this day personally appeared Name o^fEmeetitar, Title of f;3teett , 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 r :eettsee Na , and in the capacity therein stated.
Texas Health Resources
GIVEN UNDER MY HAND AND SEAL OF OFFICE this,2161 lay of , 20LE.
MELISSA REYNOLDS
Notary 10#5734093 Notary Public, State of Texa
My Commission Expires
e,Rop May 5.2019
First Amendment to CSC No. ] Page 3 of 3
[Insert name of licensee]
Page 1 of 24
Electronically Recorded Tarr��l'JR�-'�f7�T3'3
Official?ublic Records 121lgi O OM '
PGS 24 S10800
ASSIG DL4EKT U EN(Sl ttCHNEPWAGREEMENT
City sceretary Contract No.45083
THIS ASSIGNMENT Ol? ENCROACIENTEl\T AGREEMENT ("Assisnment') is
made and entered into as of this -jq—day of T4fL1MtYyy2013, by and between the CITY OF
FORT WORTH, a Texas home-rule tnunitapal cupuratton ("C "), .Medical Plus Sappliet,
Inc., a Texas corporation (`Assam'"I, and Texas health Resources, a Texts non-profit
corporation ("Assisrrre"). (Sotttetirncs City,,Assignor and Assignee are referred to individually
as a"Pany"and collectively as the"Partiex'�.
WITNkSSCTH:
WHEREAS,the City entered into an Encroachment Agreement,City Secretary Contract
No. 45083 (the"Encroachment Agreement") with Assignor,the owner of certain real Property
more particularly described in the. attached Legal. Description(the "Pro a 'T) located adjacent
to or near the City's right-of-way on which the encroachments are located. The encroa:lunents
are more particularly described in the Encroachment Agreement and.are sometimes called
therein and herein the Improvements";
WHEREAS, the Encroachment Agreement, filed cin November 8,2013 and recorded as -'
Insmiment No. D213290373 in the Real Property Records of Tarrant County,'Texas,is attached
hereto as fixhibit"A"'and incorporated herein by ml'erence as if set forth in ftdl;
WHEREAS, the description of the Improvement~ in the body of the Encroachi ient
Agreement inadvertently did not include certain of tht: encroachments as shown on the survey
plat of the Property;
WHEREAS, Assignor has sold the. Property to.Assigner on December 4, 2013 as
evidenced by a deed recorded as Instrument No. b4_01t?I3 in the Real Property
Records nl'Tarrant County,Texas;and
WHEREAS, the Parties wish to amend the Encroachment Agreement to clarify the
description of the Improvements and Assignor desires to assign.the Encroaclunettt Agreement to
Assignee..
j AGREEMENT:
NOW,THEREFORE, fur and in consideration of the above and foregoing premises and
the mutual covenants,t erms ,utd conditions herein con twined, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby
agree as follows:
1. The description of the Improvements in paragraph 1 of the l ne-roaehment
Agreement is amended to read.as follows:
RTT OF 401
CSC No.45083 Consent to Assignment Page 1 of 6
Right of Nay Encmachtnent Agreement Rev 11,12013
Medical Plus Supplies,Inc.
"Building canopy, steps, concrete wall, portion of parking space anddriveway over the
westerly line of the Property into the 65.0 foot Public Right-of Way of 61t'
Avenue"
2. Exhibit "A" attached to the Encroachment Agreement is hereby deleted and
replaced with the attached Exhibit"A"Revised 11/201.3.
3. Assignor hereby assigns, transfers and conveys all rights and interests and
delegates it duties and obligadoms under the Encroachment Agreement to Assignee,
4. Assignee hereby accepts the Assignment granted herein, and assumes all of
Assignor's rights,duties and obligations arising under the 3'sncroachmant Agreement
5. Assignor has full right,power and authority to enter into this Assignment, to
make the representations set fbrth herein, and to carry out Assignor's obligations hereunder.
Assignee has the full right, power and authority to enter into this Assignment, to make the
representations set forth herein,and to carry out Assignee's obligations hereunder.
6, sire effoctive date of this Assigtunent shall be the date of its execution by the City
(the, "Effective nate"). All rights . duties and obligations under the Encroachment Agree meat
arising,accruing or relating to the period before the Effective Datc are allocated to Assignor and
all rights, dudes and obligations arising, accruing or relating to the period thereafter shall be
allocated to Assignee.
7, Except as otherwise expressly set forth in this Assignmtmt, Assignor will be
discharged from any and all further obligations under the Encroachment Agreement as of the
Effective Date.
8. Assignor repreaents, warrants and covenants with City and Assignee that as of the
Effective Date,Assignor is not in default of any of itA obligations contained ill the Encroachment
Agreement.
9, City hereby consents to this Assignment upon the terms and conditions set forth
herein. Unless and until City has executed this Assignment, it is of no effect. 'The consent
granted herein should not be construed as consent to any further assignment Tbc failure or
delay of City in seeking to enforce any provision of the Encroachment Ag
reement or this
Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of
any subsequent breach of the terms and provisions therein or herein contained.
10, Any notice given by any Party to another Party must be in writing and shall be
effective upon roccipt when (i) sent by U.S. mail with property postage, certified mail return
receipt requested or by a nationally recognized overnight delivery service, and CR)addressed to
the other Party at the address set out below or at such other address as the receiving Par5ty
designates by proper notice to the sending Patty.
CSC No.45083 Unseat to Assignment Pago 2 of 6
Tright of Way Fncrmchment Agreement Rev 112013
Medical Plus Supplies,Me.
Citv
Planning and Development Department
1000 Throckmorton Street
Fort Worth T.X.76102
Attention: Director
Ass�nor
Medical Supplies flus,Inc.
13529 South Post Oak Road
Houston.'I-X 77045
Attention; President
Assi gpce
Texas Ilctilth Resources
612 E.Lamar Boulevard
Arlington TX 76011
Attention: Vice President,Real Estate Operations
11. Except as herein otherwise provided, this Assignment will be binding upon and
inure to the benefit of the Parties and their respective successors and assigns.
12. Assignee shall cause this Assignment to be tiled of record at Assignee's expense.
in the Real Property Records for Tarrant County,Texas.
13. The Certificate of Insurance for the Assignor attached as Exhibit "B" to the
Encruacluncnt Agmenient is hereby deleted and replaced with the attached Certificate of
Insurance from the Assignee as Exhibit"B Revised 11/2013,
14. All tertns and conditions of the Fncroachmcnt Agreement not amended herein
remain unaffected and.in full force acid effect, are binding on the Parties and are hereby ratified
by the Parties. Capitalized terms not defined herein shall have meanings assigned to thein in the
Encroachment Agreement.
15. This Assignment may be executed in multiple counterparts, each of which shall
be, deemed an original, and all of which, when taken together, shall constitute one and the same
document which may be evidenced by one counterpart.
SIGNATURES APPEAR ON FOLLOWING PAGES]
CSC No.45083 Consent to Assignment Page 3 of 6
Righl of Way Encroachment Agreement Rev 11 2013
Mcclical Plus Supplies,Inc.
ASSIGNOR: ASSIGNEE:
MEDICAL PLUS SUPPLIES,INC:., TEXAS HEALTH RESOURCES,
a Texas corporation a'rexrts ton-profit corporation
By: �s:�.rrwez By:
Name:Esteban Rodriguez Natne:Jon M,Sullivan.
Title:President Title:Vice President,Real Estate Operations
STATE OF'TEXAS §
s §
COUNTY OF O.6 §
This instrument was acknowledged before me by Esteban Rodriguez,as the President of Medical
SuppSes Plus,Inc.,a Texas corporation,on behalf of said corporation.
�:._..D�tatsCry Public.State afTexas
(NOTARIAL SEAL} �,.r�,
ANA E.RODa1GtiFZ
' • VaryPwNi
C, iSora or res.ros
MY CUn migs!ar fr{�tt)s
44.MA AuOUSr 28,20 IA
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me by Jon Sullivan,as the Vice President Reel Estate
Operations of Texas Health Resources,a Texas non-profit corporation,on behalf of said corporation.
Notary Public,State of Texas
(NOTARIAL SEAL)
CSC We.45083 Consent to Assignment Page 4 of 6
Rigbt of Way Encroachment Agreement Rev 11/2013
Medical Plus Supplies,fne.
ASSIGNOR: ASSIGNEE:
MEDICAL PLUS SUPPLIES,INC., TEjniv
OURCE.S,
a Toxas corporation a Teration
By: By:
Name:Esteban Rodriguez NamanTide:President Titlet,Real Estate Operations
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged beforc me by Esteban Rodrigaw,as the President OfMedical
Supplies Plus,Inc.,aTaxas corporation,on behalfofrAld corporation.
Notary Public,State of Texan
[NOTARIAL SEAL)
STATE OF TEXAS §
COUN'T'Y OF TARRANT §
This insavment was acknowWged before me by Jon Sullivan,as the Vice President Real Estate
Operations of Texas Health Resources,a Teras non-profit corporation,on beha of said corporation.
Notary Public,Statcof'10 `
[NOTARIAL SEAL)
r�
11E1lifa I�41ta0g
IIr Cfrlrrr�rr lr�M
wr lc..�s
CSC No.45083 Consent to Assignment Page 4 of 6
Right of Way Fatcroac6ment Agretsnent Rev ill2013
Medled Plus Suppdm,Inc.
APPROVF.,D AS'TO FOR,vf AND CITY OF FORT WORTH
Lk
\�• 1C� �il�fll+�Gt'
Assistant City Attorney Rand a IlanvoodKTtment
Planning and De
A'I1'EST: --� Date:
aT
Ctty Sarre• O
[No M&C Required]
� x
S'1'KII-Or TEXAS § �[
MUNTY OF'TARRA.NT § 112
w
'This instrument was acknowledged before me on , 20 .RM
� , as the Director of the Planning and Developme t Department of tttd cjty of Fort Worth, a
Texas municipal corporation on behalf of the City of For '
rth
.
CASSANDRA E FOREMAN
x. Nod y�Pt+bMC 9tot8 bt Teua� tary Public,State of as
;a v ommisslon Expires 1
AprH 26,2017
[NOTARDUI SE .,
CSC No.45053 Concent to Assignment Page 5 of 6
Right of Way Encroachment A.grecment Rev l 1r'2013
Medical Plus Supplies,Inc.
LEGAL.DESCRIPTION OF THE PROPERTY
Lots 97, 98, 99 and 100 of J.A. LHE'S SUBDIVISION OF BLOCK 8 OF FIELD-WELCH
ADDITION,an Addition to the City of Fort Worth,Tarrant County,'Texas,according to the Plat
thereof recorder!in Volume 256, Wage 484 of the Deed Records of'Tarrant Coanty,7`M&
CSC No.45083 Consent to Assignmenr Page 6 of 6
Right or way Encroaciunent Agreement Rev 1 IP-013
Medical Plus Supplies;Inc.
SANITARY SEWER
MANHOLE 1/2" IRON ROD SET
MARKED "BRITTAIN do
CR/1WFORD"
NO PARKING CONC
SIGN o
N
O
65.0' PUBLIC RIGHT-OF-WAY
m
CONCRETE
e
r —
— - - -
Parking Space
® '
' Concrete Wall-
M (
r-1 3 :I I
o
O N 1a
tV 1
O '
(Y
t-I LLJ i u O I v i?
V Z i G o O , N O F
'> W I
w Q Z O) 1
CIZV)IP I
Steps - COVERED
On 0"� 1 12.7' in
1 � 4.9'
Xch `.
`j 3 WATER W i ONE SP
METER U i 911
o I
v t
Stucco Canopy
I rj
1 M
NO PARKING o 1
SIGN 1 _
1 FACE OF BUILDING
t 0.2' EAST OF
PROPERTY LINE
t
I
I
EXIT ONLY
SIGN
� I
CONCRETE Ile, CUT IN
CONCRETE
(SET) I
j
CERTIFICATE OF INSURANCE
'Phis certificate is issued as u matter of information only and confers no rights upcm the:csrtificatc holder. 111his certificate docs not
amend,extend or alter the coverage afforded by IN--policies Wow.
INSURED: Texas Health Resources(TIIR),including all affiliated non-profit facilities
612 East Lamar Blvd,Shite 1100
Arlington,TX 76011
P: 682.-236-64S l
F:682-236-7208
MIREM8 AFFORDING COVERAGE:
Company A:Texas Health Resources Self"Insured Trust 501(c)(3)
COVERAGES:
'phis is to certi6-the policies of insurance listed below have been issued to the insured t aniod 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 all terms,exclusions and conditions of such
policies,limits shown may have been reduced by paid claims.
r TYPE QF PO.LICYb THt1S l' TRUST LIMF'L'S
,OV(:
LTR INSU'RANC'E. (NCEPTION EXPRIRATION
DATE DATE
A 00cncnsl Liability THR SIT 1011-i19$3Continuous or such Occurrence$1,000,000
('frust) until cancelled by t i meral Aggregate$3.000,000
insured
-.....t- —.. _... . _................
A D Professional 'IHR SIT 1011/1985 Continuous or Each(. currence
Liability (Trust) until cancelled by General Aggregate
insured
eccri tion f Opgratiori 11 ati n/S ecial Provisions:
Texas Health Resources,all non-profit facilities
Certificate Holder:
City of Port Worth
Department of Development,Attention: David Schroeder,Planner
1000 Throckmorton St
Fort Worth,7 X 76102
Should any o,/'the ahova deserthed policies he cancellerd,reduced or lapse;nntice will be delivered to the certifivare holder within 30
days-
r Certificate Holder is named as additional insured.but only as required by written contract and is limited to
policy terms,conditions,exclusions,and limitations.
AUTHORIZED SIGNATURE DATE:December 2. 2013
!ai ecu sure e Se ccs, 7HR
*EXHIBIT"B" Revised 1112013
j Pagel of 18
WARY
ANO..L" S
IiUG81'OF WAY
ENCROACHM NTAGREEKLM
- K=t�nrr�u11
11113 AGREEMEM is me&and entered into by and betwrAm the City of Fort
Worth,a municipal corporation of Tarrant County.Tcxos,acdq herein by and through
its duly authorized City Manager or its duty, autlwrizad As4stant City Manager or
Planning and Developenent Department Director,hereinafter referred to ass tate"City",and
Medkal Plus Sirpplfa,IRO.'acting herein by and throtvh its dttly m6orkod B ebox Y
Rodr18wA preslderrt,hereinafter referred to as"Lloa nsW.Owner of the property locsted
at 911 a Avvnw,Fort Worth 7X 76104 "Property"j.
AGREEMENT
For and in consideration of the paywent by Licensee of the Fee set out below and
the W a and faithful performance of the muhW covenants herein contained.City hereby
grants to Li.mscc permission to construct/ install ar&or allow to remain,
Improvements)CUTrovemorC)that tacroaches upon,bees a dlor occupies portions of
the space under,on andlor above the se•eeta,ellen sidewalks and other public rights-of-
way,such tmprovesttaot(a)are described as follows.
Inodlotion ofa cast N rhar will exaaach rhe ROW
The iocadoa and descriptlan of said Improvea ww and tho e=owltnunt is mora
particularly described in Exhibit "A".attached hereto, incorporated herein and trade a
part hereof fbr all purposes.
2.
Ali oonstnrctioN mainienance and opwatian in connrrcdon with such
Improvvwoat, use mW occupancy shall be performed in strict compliance with this
Agrccramt arsd rite Charter,Ordinances and Coda of the City and in accordance whh the
dkoctions of tits Director of Transportation aril public Wotka of City, or his duly
1012 ROW ewmsc*aeatA reeasa d-Coananav W Alga 1 of 10
RECEIVED NOY 06IM
•ur/rbc• ra0.utM roc: 0002"313 batt, 111061103.3 vN, 0000000 a.s•. 00000 say., i of i0
Page 2 of 18
authorized representative. All plans and specifications thereof shall be subject to the
prior written.approval of the Dirvctor of Transportation and Public Works,or his duly
authorized representative,but such approval shall not relieve Licensee of responsibUity
and liability for concept, design and computation in preparation of such plans and
specifications.
3.
Upon completion of co=truction and installation of said lnhprovement and
lheroaft,there shall be no encroachments in,under,on or above flu 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 8xlu"bit"A".
' 4.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future atilitim affected by such
atctuachment use and oc uparwy, including the securing of approval and consent from
the utility companies and the appropriate ageaoiea of the State and its political
subdivisions. In the event that any installation,reinstallation,relocation or rgxdr of any
existing or future utility or improvaments owned by,constructed by or on behalf of the
public or at public expense is made more costly by virtue of the construction,
nsamtenanoe or existence of such encroachment and use, Licensee shell 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 reMsentattve.
S.
City may enter and utilize the referenced areas at any time for the purpose of
installing or nu intairaag irnprovemerris necassary for tho health,safety and welfare of the
public or for any ether.public purpose. In this regard,Licensee vnderatancis and agrees
that City shall bear no moponsibility or liability for damage or disruption of
+ improvernents installed by Lioeneeo or its successors, but City will make reasonable
efforts to minimize such dame.
: i
2017 ROW Encroschrmu Agrament.-Capmw cW Page t of)0
•acr/rax• sAuuua Daae 000290373 0eLe; 11/0011413 volt 0004000 Vega; 00000 a.gn 2 of 13
Page 3 of 16
. d.
In order to defray all costs of inspection and supervision which City has incurred
or will incur as a result of the construction, maiutenam;ge inspection or managernect of
the encroachments and uses provided for by this Agreement.I.icc=a agrees to play to
City at the time this Agreement is mquasW an application fee In the sum of Two
Hundred and Seventy Five Dollars ($275.00)_ Upon execution of this Agreement and
annually thereafter,Licensee agrees to pay a fee in the amount of a.56 per squsre/#inear
foot of t1w encroachment area.
7,
The term of this Agreement shall be for thirty(30)years,commencing on the date
thus Agreement is executed by the City of Fort Worth.provided however.this Agreement
shall terminate upon the ran-compliance of any of the terms of this Agreement by the
Licensee. City snail notify Ucensee of the non-compliance and if not cured within thirty
days this Agrecownt sball be,deemed tmininatod.
a.
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 s condition acceptable to the Director of
Transportation and Public Works, or his duly authorized rWescewarive, and in
accordance with them existing City specifications. It is cmderstnod 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 Impromment and any
suppoxtmg sttucaaes 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 wayl to be used and encroached upon
2012 ROW Eaavwtuaent Agraamvnt-Comms cid Pop 3 of 10
eaasnrc• Tour: DO- GMSOm Dose, 11/0811013 vol, saaooaa Pg., QQQDO v.y*. 3 Of 15
Page 4 of 15
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 rightrof--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 hs sole discretion to use or cause or permit the right of way
to be used for any otter public purpose,including but not being limited to underground,
surface of overhead communication,drainage,wnitwT sewerage,transmission of natural
or elwtricity,or any other public purpose,whi Cher presently contemplated or not, that
this Agreement shall automatically terminate.
10.
Licensee agrees end acknowledges then this Agreement is solely for the purpose
of permitting Llocnsee to construct,maintain and locate the Improvements over or within
the described public right of way and is not a conveyance of any tight,title or interest in
or to the public right of way nor is it meant to convey any right to use or oscopy property
in which a third patty may have an interest. Licensee agrees that it will obtain all
necessary permission before occupying sueb property.
11..
Licensee agrees to comply fully with all applicable feduat,state and local laws,
stntutes,ordinances,codes or regulations in connection with the conxtnsctiot►,operation
and maintenance of said improvement,ettcroacbmeat and uses.
12.
Licensee agrees to pay promptly whoa due all foes.ounces or rentals provided for
by this Agreement or by any federal.state or local statute,law or regulation.
t3.
licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights end privileges granted hereunder and not as an officer,agent,
2012 ROW Encromhmwt Agnm=t-Commuc9al Pap 4 of tQ
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MCSi-A" sA X"T Oce: x00000373 O.w. is W2013 vel: MOM r.p.., 00000 r*VO. 4 09 1B
Page 6 of 16
t
scrvant or employee of City raid Licensee shall have exclusive centrol of and the
exclusive right to control the details of its operations,and all persona performing earn-,
and shall be solely responsible for the sets and omissions of its officers,agents,servants,
employees, contractors, subcontractom iicearees and invites. Ile doctrine of
respondeat superior shall not apply as between City anal Licensee, Its officers, agenu,
servant% mployees, contractors and subconwictm. and nothing herein shall be
construed as creating a partrwship or joint enterprise between City and Licensee.
14.
LICENSEE COVENANTS! AND AGREES TO INDEAMNITY, AND DOES
H$RUY INDWANLFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICEM,AGENTS,SERVANTS AND EMPLOYEES,FROM AND AGAINST
ANY AND ALL CLAIMS OR SUM FOR PROPERTY DAMAGE OR LOSS
ANA/OR PERSONAL INJURY, INCLUDING DEATH. TO ANY AND ALL
PERSONS,OF WI"TSOEVER KIND OR CHARACTER,WHETHER REAL OR
ASSERTED, ARISING OUT OF OR 1N CONNECTION WWII,DIRECTLY OR
INDIRECTLY, THE CONSTRUCTION,MAIN'ENANCE, OCCUPANCY, USE,
EXIS'T'ENCE 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, AGENT'S, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY: AND
LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. LICENSEE SHALT. 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.
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15.
While this Agreement is in cHect, Licensee agrees to furnish City with a
Certificate of lnsurance,naming City as c niificate holder,as proof that it has secured and
paid for a policy of public liability 'insurance coveting all public risks related to the
proposed use and occupancy of public peoputy as located and described in Exhibit"A.•
The amounts of such Insurance shall be not leas than the following;
$1,006,006 Commr;rrlrl General t..labffity
With the taiderstandtng of and agreement by Licensee that such insurance amounts shall
be revised upward at City's option and that Licensee shalt so revise such amounts
immediately following notice to Licensee of such requiremeai. Such insurance policy
shall provide*at it cannot be canceled or amended without at least ten(10)days prior
written notice to the Building Official of the City of Fort Worth. A copy of such
Certificate of Insurance is alwW as attached as Exhibit"B". Ucensee agrees to submit
a similar Certificate of lasurarxme annually to City on the adversary date of the
execution of this Agreement.
Licensee agrees,binds and obligates itself,its successors and assigns,to maintain
and keep in farce such public liability insurance at all limas during the term of this
Agreement and until the removal of all.eneroachments and the cleaning and restoration of
the city stmets. All insurwxe coverage requited herein shall hdude coverage of all
Licensces'contractors,
16.
Licensee agrees to deposit with the City when this Agroetn W is executed a
sufficient sum of money to be used to pay necessary floes to record this Consent
Agreernent in its entirety in the deed records of Tarrant Cowrty, Texas, Atter being
recorded,the original shall be returned to the City Secretary of the City of Fort Worth,
Texas,
2412 ROW Enmaehmmt Agreemtat-Comm mlat Pop 6 of 10
.&C$/raLI rJIsawa-r VW, OCMM1173 natal 71/00!3013 Vol" oaokaon roe., oaouo r■e., c 09 u
Page 7 of 16
i
I7.
In any action brought by the City for the enforcement of the obligations of
Licensee,City&ball be eantialed to recover interest and reasonable attorney's fees.
t8.
Licensee covenants and agrees that it will wt assign all or any of its rights, .
grivilegm or duties under this oontract witlum the prior written approval of the City
Manager or designee. Any att=Vted a&signutent without prior written approval will be
void.
19.
THE PARTIES AGREE THAT THE DUTItiS AND OBLIGATION
CONTAINED IN PARAGRAPH 8 SFIALL SURVIVE THE TERMINATION OF
THIS AGREEMENT.
20.
This Agmeement shall be binding upon the parties berets, their successors and
assigns_
EXECUTED this day of�h�T�. .208.
2012 ROW li ="hwat A&mmant-Cvmmamial ftp 7 of W
-ACS/TKC- TAX An7 Duct 000:!9173 D.Ce, 03/00/791] vgLf 0096000 Bags, 60000 Pal*; 7 C9 25
it
Page 8 of 15
City Licensee
City of Fort Werth Mk owosi Pius Sappueti,Ina
Randle Harwooy EYteban V.Roliriqum
Director President
Planning and Development
ATTE$I': Approved As To Form and Legality
p~�1
ity S=Otuy � Assistant City Attorney
V � �
�'EXA`3
N4 M&C ItSQUII�ED
. . .... ... ..
�bCS/SNC� TIFFAH4 VoOi DOOZ9077) DYNE 13/0 ,/401) Veli 0000000 Da9Y00600 pWY6 oS i6
I
Page 9 of 15
STATE OF TEXAS §
i
COUNTY OF TARRANT §
BEFORE MF.,the undersigned authority,a Notary Public in mid fnr the Stute of Texas,
on this day personally appeared Randle Harwood,known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that hmtshe
executed the same for the purposes and consideration therein expressed, as the act and
deed of the City of Fort Worth,and in the capacity therein stated.
GIVLN RVO M AND SEAI,OF OFFICE`this-&y of
CalIIPXWA FO FOREIIIAM
Abfary hb1o,Do%of tams
My canwri usan Flows
April 2d,201 J
otary Public in smd for the
State of Texas
2012 ROW Encroaclunent Agraommt-Commycial Page Y of 10
•acs/raC• raausi rec, aon�swn n.ee, 11/Oe/iol3 vo), 6ouooaC r.e�, a0000 /sgee a oe u
Page 10 of 16
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority,a Notary Pnbiic in and for the State of'fexas,
on this day personally appeared ESTEBAN V. RODRIGUEZ,PRESIDENT,(mown to me to
be the pmon whose name is subscribed to the foregoing instrument.and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed,as the act
and deed of MEDICAL PLUS SUPPI.IF.S,WC,and in the capacity therein stated.
GIVEN UNDLR MY HAND AND SEAL OF OFFICE this ..5 0' day of
20 Z-4.
ANA".RODRtGUE2
P' � Notary PubtG,StOte of Te9os o ' ya�.t�t.�7c.-'1�"
d��+y� idYCommit9la.•.EYpIrC6
w'. Av �a.4040 Hb Public in and-fir the
State of Texas
•ACS/796• rYtEYr ox: 000990777 data. 11/Ot::013 Wl. 4000000 caya< 00000 Paye. 10 0! IS
Page 11 of 15
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Page 14 of 1$
EXHIBIT'S'
CERTIFICATE OF LIABILITY INSURANCE 10/3/2013
THIS CERTIFICATE IS IWAG AS A VATTER OF INFORMATION ONLY AND CONFIft NO RIOINTB UPON THE COMMUTE"mom T"
CERTiFiCATB DOER NOT AFFIRMATIVELY OR NEGATIVELY AMEND,NVEND OR ALTE3t THE COVE111A411 AFIFORDW YY THE POLICIES
MILOW. THIS CEATInCATZ OF INSURANCE DOES NOT CONSTITM A CONTRAOT CUMVN THE]SWING LMOURE t(s),AUTHOmzim
REPREEENTATSVE OR PRODUCER,AND THE CERTIFICATE NOWFR,
iNPORTANT: if Iht cartiftsto widw N an 155MORAL INK110.the y(Iss)must ite wiors"it U8 T is W sallsct to
the Unme and coedtttans of the policy,atrtaln Wiclat may mquln an tndwsaaunt A sta meat onme awomeata dew fftx ewdw NSht►tot"
cwNRcatf haidw le lieu of such*oder—eive t).
MOW" COLO C-0—
Cuakman Insuranoe Agf►ncy, Inc. pmp1m. (703 171«+333 trsaf471w03a
Y,O, Box 1069 acaslyatnlIaaiaavxance.ems
Herndon VA 20172 a h asay Inularepco Co,
PouATA
WDICILL PLUS BOpmus ILCC
P.O. BOX 8+110
PEAPIAND TX 77583 r
COVERAGES CERTIFICATE NUM SR,"13226o7y2+ NEYMtON NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF iN6URANCE mares BELOW HAVE BEEN ISSUEO TO THE INSURED MOM ABOW FOR THE POLICY PERIOD
(NO)CATRD. S07VMSTANOING ANY RERUOWAENT,TBid OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTN RESPECT TO VWfCH THIS
CERTIFTCxm MAY 8E ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED GY THE POLICIES DESCRIBED HERON 18 SUWKT TO ALL THE TERMS,
EXCLUSIONS AND CONOM093 OF SUCH POLICIES.U40I1B SHOWN MAY HAVE OWN REDUCED BY PAIDCLAt►iS,
sum
TYPE Or roufiARCS Lam
OMUNALLIAM Y S 2,000,000
X C0WditCW GENENAL U6*VrY ► 100.000
CLAMS-MAZE®OCCW MKI Lot w wi ► 5.0001
X PsafWAA amal LL.Lilit pa ►ADV MAMY ► 2 D00 D00
%46NALAO0RERATE f 4,000 Doo
aswtAwAWATELMATAPPtIr` pm P 9.00IMAWAOd 3 0,000,000
r tor. I ►
AUTOYIfOLEtlARUR
ANY AUTO 90"y WIRY/P.rrwN¢ a
' AAUT05 6t1 A Ulm aD01LYrLAxrtP.raeae..a ►
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ARD OPL.OYNAV LI.&MU Y _
ANY 0110/IOrTOA?MINEAl6%tCu'RVE� MIA IL EA.^.HA0=Nr f
OFi�CkRl43tw EALWI:Mw L....J LL.0SGASE_NA NMWiOYE f
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of 2mmnctj RL.d6rAAN-F*L$F.T LMQ f
DEaCNFnOM Or OP AA'norm IWe TIONSI va"at wwh►�ao Mf.Af�Oa.ee arMA sfM.aft,Mm» I.MCA, t
Certificate balder Is 34stod us so additional instm►d ftben aes�aed by mitt. af-tsaet.
a
HOLDER CAN EUATIUN
i
SHOULD ANY OF TNF ASSN DaSCNlSEB POWISS B[CANCELLLD IEEPORT
TNB IER►IRAMM DAT! TNr.RSOF, SICITICS VMLL SS OELMCiTED IN
The City of Fort Worth ACCOIIO.WCE MRTH THR POLICY PRiUMPMA.
Department of DeVw*,lopmeat
Atta; David Schroeder, Planner AurNawtfDaareNarRrAme
1000 TArookmorton St
£ort north, TX 76102
L Lvataaan18T7mA � � .,w A
ACORD 2S(201 OMS) 0 IOSS-2010ACORO CORPORATION.AN lights reswvad,
fNi►O7S+ar.,rla r,• TM aMfiT1 nan..nA Inr.n.w rsnf.fwerl,n..Lra,J Ar:r1NH
•AGB/TAC• tAAAANT Doc: 000290311 D.u: 11/06/7011 Voll ►000000 r.t., 00"0 11490, 1A OC 15
Page 15 of 15
MARY LOUISE GARCIA .
COUNTY CLERK
100 West Westhetford Fort Worth,TX 76196-0401
PHONE(817)884-1195
CITY OF FORT WORTH
1000 THROCKMORTON ST
FT WORTH,TX 75102
Submitter. CITY OF FORT
WORTHIDEVELOPMENT 3
PLANNING
DO NOT DESTROY
WARNING- THIS IS PART_OF THE OFFICIAL RECORQ.
Filed For Registration: 111&2013 2:01 PM
Instrument#: 0213290373
A 15 PGS $+88.00
By: __....._. . -..... _—
D213290373
ANY PROVISION WHICH RESTRICTS THE SALE,RENTAL OR VSE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
I
+ I
•]tRf411C• TalA17PS Doc: 000290777 DKlf llf u3f703] VO7t Op00000 h9sf 00000 Yag�f 31 DY 35
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