HomeMy WebLinkAboutContract 48185� I
ARY
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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)