HomeMy WebLinkAboutContract 45765 CRY SEMETARY/
CONMCT No.
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RIGHT OF WAY
ENCROACHMENT AGREEMENT
(COMMERCIAL)
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 its duly authorized Assistant City Manager or
Planning and Development Department Director, hereinafter referred to as the "City", and
Rang One Holdings, LLC , acting herein by and through its duly authorized Rick
Nunnally, Member, CFO hereinafter referred to as "Licensee", Owner of the property
located at 554 Lipscomb St, Fort Worth, TX 76104 ("Property").
AGREEMENT
I.
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:
Fence and trellis encroachment over property line
Bike rack in R.0.W.
Brick Pavers in R.0.W.
Masonry wall encroachment over property line
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.
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OFFICIAL ICIAL RE FOR
RECEIVED jul. 212014 CIMS"ECRE'' RY
2012 ROW Encroachment Agreement-Commercial A9."Page 1 of l0
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 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
2012 ROW Encroachment Agreement-Commercial Page 2 of 10
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.
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.
2012 ROW Encroachment Agreement-Commercial Page 3 of 10
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.
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.
2012 ROW Encroachment Agreement-Commercial Page 4 of 10
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,
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
2012 ROW Encroachment Agreement-Commercial Page 5 of 10
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR
TRESPASSERS.
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
2012 ROW Encroachment Agreement-Commercial Page 6 of 10
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.
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 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.
EXECUTED this day of , 20
2012 ROW Encroachment Agreement-Commercial Page 7 of 10
City Licensee
City of Fort Worth Rang One Holdings, LLC
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By: By.
Randl Harwood Name:Rick Nunnally
Director TitleMember, CFO
Planning and Development
ATTEST: Approved As To Form and Legality
City Secretary Assistant City Attorney
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OFFICIAL. RECORD
2012 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 Worth, and in the capacity therein stated.
G EN UNDER y AND AND SEAL OF OFFICE this day of
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Notary Public in and for the
State of Texas
2012 ROW Encroachment Agreement-Commercial Page 9 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 Rick Nunnally, Member, CFO, 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 Rang One Holdings,LLC, and in the capacity therein stated.
rIVENT UNDER MY HAND AND SEAL OF OFFICE this day of
20
Notary Public i and or the
i a' u
State of Texas
2012 ROW Encroachment Agreement-Commercial Page 10 of 10
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A C>RL> CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY)
S.� 1 4122/2014
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(les)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). -CONTACT
PRODUCER NAME:
Hotchkiss Insurance Agency,LLC PHONE IA/C,A/C No�.��
4120 International Parkway A/C No:
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6861 Corporation Pkwy -InqREF�
Fort Worth TX 76126
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER:1775416191 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.
OF INSURANCE POLICY EFF POLICY EXP UNITS
!Na .....EOLICY NUMBER ARMRQffY`YY IYYYYJ
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A GENERAL LIABILITY PKGO07067604 9/112013 D/1/2014 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY $300,000
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GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS�..COMP/OP AG�GE$2,00qD"OOO
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WORKERS COMPENSATION TSF0001075767 12/5/2013 14
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AND EMPLOYERS'LIABILITY YIN E,L.EACH ACCIDENT $1 ODD Ow
ANY PROPRIFTOWPARTNERIEXECUTIVE NIA
OFFICER/MEMBER EXCLUDED? EMPLOYE 1,000,000
(Mandatory In NH) E.L.DISEASE-EA EMF
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" d smbe under E.L.DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION'3 OF OPERATIONS bObw —
Builders Risk IMP0535550 91112013 1112014 Dwelling 2O00,000
Disaster 5,ODO,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schsduls,if MOM Space is required)
NAMED INSURED SCHEDULE: Cheldan Homes,LP;Optima Builders,Inc.;Cheldafi Holdings; OMS Management,LLC;Cheldan Homes
San Antonio, LP;Cheldan Homes Management, LLC; Kaden Builders, LP dba: aden Custom Homes; McVert,LP; MTH Burleson, LP,
Sunview Two Group, LP;WSHTX, LP; Cheldan Enterprises,LP;Cheldan Enterprise Management, LLC; Hampton Meadows, LP; P&G
Development, LP;JFR-MH, LP; Rang One Holdings, LLC;and Cheldan HC,LLC
The General Liability policy Contains Waiver of Subrogation endorsement CG2404 05-09.
See Attached..,
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City
ACCORDANCE WITH THE POLICY PROVISIONS.
W
10 of Fort orth 0 Throckmorton St.
Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE
1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(20101 1 05) The ACORD name and logo are registered marks of ACORD EXHIBIT B
........... -------.......... ...................m-__... ____-----------I_
AGENCY CUSTOMER ID: CHLD-1
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4C R" ADDITIONAL REMARKS SCHEDULE Page of
AGENCY NAMED INSURED
Hotchkiss Insurance Agency,LLC Cheldan Horses,LP
��uce NUMBER .�°_.__®.. 6861 Corporation Pkwy
Fort Worth TX 76126
CARRIER _ NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER, . ._s_._ FORM TITLE: gERTIFICATE OF LIABILITY INSURANCE
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The General Liability policy contains Designated Construction Project endorsement form C 250 03-97.
All horses built by the insured are subject to the limits of the policy.
The general liability policy includes blanket addtional insured endorsement form[RIG GL C (11/09)).
ACORD 101 (2008101) 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: PKG 0070676 04 COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
blanket when required by writt
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of Sec-
tion IV—Conditions:
We waive any right of recovery we may have
against the person or organization shown in the
Schedule above because of payments we make for
injury or damage arising out of your ongoing
operations or "your work" done under a contract
with that person or organization and included in
the "products-completed operations hazard". This
waiver applies only to the person or organization
shown in the Schedule above.
CG 24 04 05 09 O Insurance Services Office, Inc., 2008 Page 1 of 1
Wolters Kluwer Financial Services I Uniform Forms TM
CG 25 03 03 97
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S) GENERAL
AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction Projects: Construction projects during this policy period.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
A. For all sums which the insured becomes legally ob- subject to the General Aggregate Limit shown in
ligated to pay as damages caused by 'occurrences" the Declarations, such limits will be subject to
under COVERAGE A (SECTION 1), and for all medi- the applicable Designated Construction Project
cal expenses caused by accidents under COVERAGE General Aggregate Limit.
C (SECTION 1), which can be attributed only to B. For all sums which the insured becomes legally ob-
ongoing operations at a single designated construe- ligated to pay as damages caused by 'occurrences"
tion project shown in the Schedule above: under COVERAGE A (SECTION 1), and for all medi-
1. A separate Designated Construction Project Gen- cal expenses caused by accidents under COV-
eral Aggregate Limit applies to each designated ERAGE C (SECTION 1), which cannot be attributed
construction project, and that limit is equal to only to ongoing operations at a single designated
the amount of the General Aggregate Limit construction project shown in the Schedule above:
shown in the Declarations. 'I. Any payments made under COVERAGE A for
2. The Designated Construction Project General Ag- damages or under COVERAGE C for medical
gregate Limit is the most we will pay for the sum expenses shall reduce the amount available
of all damages under COVERAGE A, except dam- under the General Aggregate Limit or the
ages because of "bodily injury" or "property Products-Completed Operations Aggregate Limit,
damage" included in the operations hazard", and whichever is applicable; and
for medical expenses under COVERAGE C re- 2. Such payments shall not reduce any Designated
gardless of the number of: Construction Project General Aggregate Limit.
a. Insureds; C. When coverage for liability arising out of the
b. Claims made or"suits" brought; or "products-completed operations hazard" is provided,
C. Persons or organizations making claims or any payments for damages because of "bodily
bringing "suits". injury" or "property damage" included in the "pro-
3. An payments made under COVERAGE A for ducts-completed operations hazard" will reduce the
Y P Y Products-Completed Operations Aggregate Limit, and
damages or under COVERAGE C for medical not reduce the General Aggregate Limit nor the Des-
expenses shall reduce the Designated Construe- ignated Construction Project General Aggregate Lim-,
bon Project General Aggregate Limit for that i .
designated construction project. Such payments D. If the applicable designated construction project has
shall not reduce the General Aggregate reduce been abandoned, delayed, or abandoned and then re-
shown in the Declarations nor shall they redduce started, or if the authorized contracting parties dev-
iate other Designated Construction Project Gen- late from plans, blueprints, designs, specifications or
coal Aggregate Limit for any other designated
construction project shown in the Schedule timetables, the project will still be deemed to be the
above. same construction project.
4. The limits shown in the Declarations for Each E. The provisions of Limits Of Insurance (SECTION III)
Occurrence, Fire Damage and Medical Expense not otherwise modified by this endorsement shall
continue to apply. However, instead of being continue to apply as stipulated.
CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996