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HomeMy WebLinkAboutContract 35076�fiY �ECREiAR�' (�`{'/ C��!T�AC`T i�10 ,'�?�� . l -_- ENCROACHMENT AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized City Manager or duly designated Assistant City Manager, hereinafter referred to as the "City", and 'f"-oCi.T �.vo�Tl-i l�t P�2Ti�i�,S , acting herein by and through its duly authorized 4�,.�Nr7t , PiZ.�Tt3r1 �ATEL hereinafter referred to as "Grantee", Owner of the property located at (n�� CaMr�1p2C-ESi ("Property„) WITNESSETH: 1. For and in consideration of the payment by Grantee of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee permission to construct/ install and/or allow to remain, Improvement(s) ("Improvement") that encroaches upon, uses and/or occupies portions of the space under, on and/or above the streets, alleys, N:;�rJ� ;;.:,� y;,, �„ ,, �,��;," ',�'=,; ,-S ;, ,,,r�° 1 � � � `�r L� ��f�,.v �,�I� L �^� �� �� �r ''. L � ��;,;;i ?�:: � � I � i t .�t I �I� L�� �'�/ : �',� � �..J�.� , sidewalks and other public rights-of-way, such Improvement(s) are described as follows: List of proposed encroachments for 600 Commerce St. 1. New fa�ade work along north and south elevations, including stonework and plasterwork-8" 2. Cornice at top of building on east, north and south elevations-8". 3. Signage at southeast corner- one on south, one on east-8" 4. Signage on northeast corner- blade style sign- approx. 8'-0". Bottom of sign approx. 23 feet above sidewalk level. 5. Glass awnings along north and east elevations--4' projection. 6. Glass awning over entrance on 5t" Street-6' projection. 7. Exterior wall lighting approx.-1' , mounted 8' above sidewalk level. The location and description of said Improvement and the encroachment is more particularly described in Exhibit "A", attached hereto, incorporated herein and made a part hereof for all purposes. 2. All construction, maintenance and operation in connection with such Improvement, use and occupancy shall be performed in strict compliance with this Agreement and the Charter, Ordinances and Codes of the City and in accordance with the directions of the Director of Transportation and Public Works of City, or his duly authorized representative. All plans and specifications thereof shall be subject to the prior written approval of the Director of Transportation and Public Works, or his duly authorized representative, but such approval shall not relieve Grantee of responsibility and liability for concept, design and computation in preparation of such plans and specifications. 2 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". � Grantee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such encroachment use and occupancy, including the securing of approval and consent from the utility companies and the appropriate agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance or existence of such encroachment and use, Grantee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works of the City, or his duly authorized representative. 5. City may enter and utilize the referenced areas at any time for the purpose of installing or maintaining improvements necessary for the health, safety and welfare of the public or for any other public purpose. In this regard, Grantee understands and agrees that City shall bear no responsibility or liability for 3 damage or disruption of improvements installed by Grantee or its successors, but City will make reasonable efforts to minimize such damage. � In order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement, Grantee agrees to pay to City at the time this Agreement is executed a fee in the sum of: Five Hundred, Thirtv-five and no/100 Dollars_($535. 00). 7. The term of this Agreement shall be for thirty years, commencing on the date this Agreement is executed by the City of Fort Worth. : Upon termination of this Agreement, Grantee shall, at the option of City and at no expense to City, restore the public right-of-way and remove the Improvement encroaching into the public right-of-way, to a condition acceptable to the Director of Transportation and Public Works, or his duly authorized representative, and in accordance with then existing City specifications. It is understood and agreed to by Grantee that if this Agreement terminates because the Business ceases to operate and Grantee 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. 4 '.'t; J:.�i�`i�- 1 Sv''%':�`� 'v��11 '�',5��1�j� i�1i1���� ! 1,� �.1111' CIIG!�:o '� !�j� '�,;'';'�.p` u i 5 u, � �� � It is further understood and agreed upon between the parties hereto that the City streets, alleys, sidewalks and other public rights-of-way, including the portions of such streets, alleys, sidewalks and other public rights-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 streets 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 streets for the use and benefit of the public. It is accordingly agreed that if the governing body of City should at any time during the term hereof determine in its sole discretion to use or cause or permit the said portions of the streets, alleys, sidewalks and other rights-of-way to be used for any other public purpose, including but not being limited to underground, surFace or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, then this Agreement shall be automatically canceled or terminated. 10. Grantee understands and agrees that the granting of any encroachment hereunder is not meant to convey to Grantee any right to use or occupy property in which a third party may have an interest, and Grantee agrees that it will obtain all necessary permission before occupying such property. s 1�� Grantee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of said Improvement, encroachment and uses. 12. Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this Agreement or by any federal, state or local statute, law or regulation. 13. Grantee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or employee of City and Grantee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between City and Grantee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Grantee. 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS G 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, EXlSTERlCE OR LO�ATION OF SAID IIVIPRO!/�IVI�RlT AfV9 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 GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. GRANTEE 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 GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. While this Agreement is in effect, Grantee agrees to furnish City with a Certificate of Insurance, naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and �` , —_; .,Y; � ; ;���;:.�J,`!� �:s'v�J�:u � r v��l'' ei'.�i'i;?i��1�1����1' ;i �S ..;�.��;�� �� i ��i:� �;,c„ �j;� �� � u� . :ii:C;l:� � 4>> described in Exhibit "A". The amounts of such insurance shall be not less than the following: Property damage, per occurrence Bodily injury, per person $100,000 $250,000 Bodily injury or death, per occurrence $500,000 with the understanding of and agreement by Grantee that such insurance amounts shall be revised upward at City's option and that Grantee shall so revise such amounts immediately following notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least ten (10) days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as attached as Exhibit "B". Grantee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Grantee agrees, binds and obligates itself, its successors and assigns, to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of all encroachments and the cleaning and restoration of the city streets. All insurance coverage required herein shall include coverage of all Grantee's contractors. 16. Grantee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Consent Agreement in its entirety in the deed records of Tarrant County, Texas. s 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 Grantee, City shall be entitled to recover interest and reasonable attorney's fees. : Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the prior written approval of the City Manager or designee. Any attempted assignment without prior written approval will be void. 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. This Agreement shall be binding upon the parties hereto, their successors and assigns. � EXECUTED this i� day of ��P'i , 2��6. CITY OF FORT WO TH; G�NTOR Fo2r w�rtn-t W PA2rNG''R.S , GRANTEE �, , By_ / � .- z�v� .4 �. By: �"�--� Dale Fisseler, A s-stant City Mgr. ow��-tZ ATTEST: APPROVED A O F RM AND LEGALITY City Secreta �S���s��City Attorney �� - �.��� �) Contract- ,�u�hoxa��ti.o� v� �V �.J� — , Da�P �,, ,-- � , , � � . . ;:,f�J,��;��=�� t:s�:���;�;. N �''' :�i5�'�,�c� ��' � 10 �� �� � L' .; �:: �;;'1z';, ;Ij-�,1 i �i .a� Q a ';r:+:., }y ,,( I J f�i �1 � o �� vJ. �ll� I�I;G�.� STATE OF TEXAS COUNTY OF TARRANT 0 0 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Dale Fisseler, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. � �/� GIVEN UNDER MY� AND AND SEAL OF OFFICE this �� day of ll (�I�,�G� , 20 lf`�' . - . i.Jt.I�. ��tPaYP���,�, MARIA a• SRNCHEZ � �* NOTARY PU�UC STATE OF TEXAS �r'TE oF z�*P My Comm. Exp.12-14-2009 ii � ., � ` �/ i I .;'�ifi v - � G �GL- Not ry Public in and for the State of Texas 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 ������'� �'�n=�— , 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 �Rr� wa2r1-( t-� P(��LtT1�12S , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I�S day of cr^(� r , 2 0 0�. i � Notary Public in and for the S f T xas ,,,���,,, ot�;r:�B� ; NEHAL PRAFULL SHAH '�''.� °= NotBry Public, State of Texas v :.,a My Commission Expires ����' Septemb�r 20, 2009 12 i N��I �m �n :� -. O o Z �o a O m � \ P'M m � u i' :� o � C d rF 0 3 D " N _,,�s, , �, , ,: -,��� ; j ,j " . � a=? � 'li 5 v �`✓ ��:'J ��, ; � U ��� c?'�CJ�1���i�1':��^U - � � ;;s,'�r 5��:;�,^ . � ,�.�.. , . `u � Q.60BEfli W. KEILV E M 6 A S S Y S U I T E S y m ^W 60000MMERCE STREET I' A R C H I T E C T I N C. .,,.,,,.,,,. •..,. ,,.„.,,, F 0 R T W 0 R T H T E X A S SYNEPRO-01 JOVI DATE (MMIDD/YYYY) ACORD,M CERTIFICATE OF LIABILITY INSURANCE a►Zai2oos PRODUCER (916) 231-1741 ONLY ANDICONFERS NO R GH S UPON THE CERTIF�ICATE,ON Acordia of California lnsurance Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR CA DOI LIC #0352275 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 11017 Cobblerock Drive, Suite 100 Rancho Cordova, CA 95670 INSURERS AFFORDING COVERAGE NAIC # INSURED PRL Investments, Inc. Z'ch Insurance Company 0142 P.O. Box 94265 Lubbock, TX 79493 INSURERA:AI'T12i1C8t1 Ufl iNsuReR e: American International Specialty Lines INSURER C: � INSURER D: WSl1RER E'. _ COVERAcits — THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDI 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CIAIMS. NSR DD' pOLICY NUMBER p LICY EPFpCTIVE POLICY EXPIDR�ATION LIMITS LTR RD 'I�OOO�OC EACH OCCURRENCE S i i GENERALLIABILITY 'I�OOO�OI A I X %� . COMMERCIAL GENERAL LIABILITV CP0378531201 i rJ��i2006 5/1 /2007 pREMISES Ea occurence $ � MED EXP (My one pe�son) $ ��'�� I � CLAIMS MADE C,' OCCUR � 'I,OOO�OI PERSONAL & ADV INJURY $ � -- -- GENERALAGGREGATE $ ZrQOO,O� PRODUCTS - COMP/OP AGG $ z,OOO,OI A GEN'l AGGREGATE LIMIT APPLIES PER: � POLICY � PR� � LOC JECT AUTOMOBILE LIABILITY �ANv auro TAP591563101 ALL OWNED AUTOS � SCHEDULED AUTOS X HIRED AUTOS ^ I NON-OWNEDAUTOS GARAGE LIABILITY � ANY AUTO COMBINED SINGLE LIMIT � 'I �O 5/112006 5I1/2007 (ea accident) BODILY INJURY � (Par person) BODILY INJURY $ (Per accideni) PROPERTY DAMAGE $ _ (Per eccident) I EXCESSIUMBRELLA LIABILITY B X occuR � CLAIMS MADE 9746421 5/1/2006 5/1I2007 DEDUCTIBLE i X RETENTION 5 � O,OOO '' WORKERS COMPENSATION AND '. EMPLOYERS' LIABILITY � ANY PROPRIETOR/PARTNER/EXECUTIVE OfFICERlMEMBER EXCLUDED7 If yes, describe unde� SPECIAL PROVISIONS below OTHER �ESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES 1 EXCLUSIONS A�DED BY ENDORSEMENT I SPECIAL PROVISIONS AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC $ AUTO ONLY: AGG 3 EACH OCCURRENCE S AGGREGATE S s s E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMI7 S :arriers financial strength is AX-V tE: Clarion Hotel in Ft. Worth Texas 600 Commerce St., Ft. Worth, TX. The certificate holder it's officers and employees are included as idditional insured per CG2010 (10/93) for this project and waiver of subrogation is included perCG2404(10/93). Subject to 10 day cancellation or non-payment of premium. THIS CERTIFICATE VOIDS AND SUPERCEDES THE CERTIFICATE ISSUED 4/24/06. CERTIFICATE HOLDER CANCELLA710N SHOUL� ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELIED BEFORE THE EXPIRATION City of Fort Worth DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL SO DAYS WRITTEN Transportation & Public Works St. Mgmt. Dept NOTICE TO THE CERTIfICATE HOLDER NAME� TO THE LEFT, BUT FAILURE TO DO SO SHALI. 311 W. 10th St. FOIt WOI'tll� TX %6'I OZ- IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVH ACORD 25 (2001/08) �O ACORD CORPORATION 1988 SYNEPRO-01 JOVI IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) INSURED: Synergy Hotel, Inc. l PRL Investments, Inc. 5-1-0615-1-07 POLICY NUMBER:CP0378531201 COMMERCIAL GENERAL LIABILITY INSURANCE COMPANY:American Zurich Ins. Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Ft. Worth Transportation and Public Works Street Management Dept. Its officers & employees 311 W. 10t" St. Ft. Worth, TX 76102 As respects: Clarion Hotel 600 Commerce St., Ft Worth, TX. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. ACORDIA OF CALIFORNIA INSURANCE SERVICES, INC. CG 20 10 10 93 Copyright, Insurance services OfFice, Inc., 1992 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 04 10 93 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Policy Number: CP0378531201 5-1-2006 12:01 A.M. standard time Named Insured: Synergy Hotels, Inc. / PRL Countersigned by: Investments, Inc. Au SCHEDULE Name of Person or Organization: City of Ft. Worth Transporation & Public Works St., Mgmt Dept., iYs officers and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV—COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: 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. CL 675 (10-93) Pa e 1 of 1 CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 9 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/20/2007 DATE: Tuesday, February 20, 2007 LOG NAME: 06EMBASSY REFERENCE NO.: **C-21970 SUBJECT: Authorization to Enter into an Encroachment Agreement with Fort Worth H Partners, Authorizing the Use of the Right—of-Way for Encroachments for the Embassy Suites Hotel at 600 Commerce Street RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an Encroachment Agreement with Fort Worth H Partners authorizing use of the right-of-way for various encroachments as this property is redeveloped. DISCUSSION: Fort Worth H Partners is currently underway with the complete renovation of a hotel property located at 600 Commerce Street. The renovation will necessitate the use of public right-of-way for various encroachments as listed below: 1. New fa�ade work along north and south elevations, including stonework and plasterwork - 8". 2. Cornice at top of building on east, north and south elevations - 8". 3. Signage at southeast corner, one on south, one of east - 8". 4. Signage on northeast corner- blade style sign approximately 8'-0". Bottom of sign will be approximately 23' above sidewalk level. 5. Glass awnings along north and east elevations - 4' projection. 6. Glass awning over entrance on 5th Street - 6' projection. 7. Exterior wall lighting approximately — 1', mounted 8' above sidewalk level. The property currently has many existing encroachments, the building, associated mechanical equipment and the fire escape all encroach into the alley. Many of the existing encroachments of lighting and canopies will be replaced as outlined above. The Encroachment Committee has reviewed this request and recommends approval. The Downtown Design Review Board reviewed and approved the elements of this encroachment on June 8, 2006. This building is located in COUNCIL DISTRICT 9. http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 3/12/2007 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating De�artment Head: Additional Information Contact: FROM Fund/Account/Centers Dale Fisseler (6140) Bob Riley (8901) Allison Gray (8030) Page 2 of 2 http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 3/12/2007 , � sidewalks and other public rights-of-way, such Improvement(s) are described as follows: List of proposed encroachments for 600 Commerce St. 1. New fa�ade work along north and south elevations, including stonework and plasterwork-8" 2. Cornice at top of building on east, north and south elevations-8". 3. Signage at southeast corner- one on south, one on east-8" 4. Signage on northeast corner- blade style sign- approx. 8'-0". Bottom of sign approx. 23 feet above sidewalk level. 5. Gl�ss awnin�s along north and east elevations-4' projection. 6. Glass awning over entrance on 5t" Street-6' projection. 7. Exterior wall lighting approx.-1' , mounted 8' above sidewalk level. 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. � All construction, maintenance and operation in connection with such Improvement, use and occupancy shall be perFormed in strict compliance with this Agreement and the Charter, Ordinances and Codes of the City and in accordance with the directions of the Director of Transportation and Public Works of City, or his duly authorized representative. All plans and specifications thereof shall be subject to the prior written approval of the Director of Transportation and Public Works, or his duly authorized representative, but such approval shall not relieve Grantee of responsibility and liability for concept, design and computation in preparation of such plans and specifications. 2 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". � Grantee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such encroachment use and occupancy, including the securing of approval and consent from the utility companies and the appropriate agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance or existence of such encroachment and use, Grantee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works of the City, or his duly authorized representative. 5. City may enter and utilize the referenced areas at any time for the purpose of installing or maintaining improvements necessary for the health, safety and welfare of the public or for any other public purpose. In this regard, Grantee understands and agrees that City shall bear no responsibility or liability for 3 damage or disruption of improvements installed by Grantee or its successors, but City will make reasonable efforts to minimize such damage. � In order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement, Grantee agrees to pay to City at the time this Agreement is executed a fee in the sum of: Five Hundred, Thirtv-five and no/100 Dollars_($535. 00). 7. The term of this Agreement shall be for thirty years, commencing on the date this Agreement is executed by the City of Fort Worth. � Upon termination of this Agreement, Grantee shall, at the option of City and at no expense to City, restore the public right-of-way and remove the Improvement encroaching into the public right-of-way, to a condition acceptable to the Director of Transportation and Public Works, or his duly authorized representative, and in accordance with then existing City specifications. It is understood and agreed to by Grantee that if this Agreement terminates because the Business ceases to operate and Grantee 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. 4 � It is further understood and agreed upon between the parties hereto that the City streets, alleys, sidewalks and other public rights-of-way, including the portions of such streets, alleys, sidewalks and other public rights-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 streets 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 streets for the use and benefit of the public. It is accordingly agreed that if the governing body of City should at any time during the term hereof determine in its sole discretion to use or cause or permit the said portions of the streets, alleys, sidewalks and other rights-of-way to be used for any other public purpose, including but not being limited to underground, surface or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, then this Agreement shall be automatically canceled or terminated. 10. Grantee understands and agrees that the granting of any encroachment hereunder is not meant to convey to Grantee any right to use or occupy property in which a third party may have an interest, and Grantee agrees that it will obtain all necessary permission before occupying such property. s 11. Grantee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of said Improvement, encroachment and uses. 12. Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this Agreement or by any federal, state or local statute, law or regulation. 13. Grantee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or employee of City and Grantee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between City and Grantee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Grantee. 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS 0 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 GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. GRANTEE 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 GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. While this Agreement is in effect, Grantee agrees to furnish City with a Certificate of Insurance, naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and � described in Exhibit "A". The amounts of such insurance shall be not less than the following: Property damage, per occurrence Bodily injury, per person Bodily injury or death, per occurrence $100, 000 $250,000 $500,000 with the understanding of and agreement by Grantee that such insurance amounts shall be revised upward at City's option and that Grantee shall so revise such amounts immediately following notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least ten (10) days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as attached as Exhibit "B". Grantee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Grantee agrees, binds and obligates itself, its successors and assigns, to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of all encroachments and the cleaning and restoration of the city streets. All insurance coverage required herein shall include coverage of all Grantee's contractors. 16. Grantee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Consent Agreement in its entirety in the deed records of Tarrant County, Texas. s 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 Grantee, City shall be entitled to recover interest and reasonable attorney's fees. iE:� Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the prior written approval of the City Manager or designee. Any attempted assignment without prior written approval will be void. `�l 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 I� day of �� I , 20�. CITY OF FQ T WORTH, G �NTOR �a2i Wo2TH H PA�iNrYLS , GRANTEE �� _ ����/r� 'L `��''--�. B : l� t'ii'� By. Y Dale Fisseler, A si tant City Mgr. �wNr� ATTEST: , �� M City Secre ary .._�' - �.I �10 ,ont.ract- Auth9�ri���aa� :__,._ L1'�_ _������ ..�FE` APPROVED TO FORM AND LEGALITY � 55 � � ity Attorney 1� e 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 Dale Fisseler, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 15 day of Sc"PT . 20 � � . 11 _�----- Nota Public in and for the St `?o��xvr��h,� .. .. . . NEHAI PRAFUII SIiAH ;; _ Ndtary Public, State of Texas ;,�;� �*�y: My Commission Expires '' a° i�� "'� 5eptember 20, 2009 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 �� „�; lf , t' l�� L/�� �, 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 � : -t �. �� � -�� ` )J � , and in the capacity therein stated . G{V N UNDER MY HAND AND SEAL OF OFFICE this � ti day of , 20�. ���aYP�e�c MARIA S. SANCHEZ * � NOTARY PUBLIC STATE OF TEXAS `�°„� aF tti+" My Comm. Exp.12-14-2009 12 �-�' c` ; � �� - ',2 L�-z./� Not ry Public in and for the State of Texas � F�f�c����� �.�,� �� �� f N ��i a cn �m ;; n :� �:o az �o �D m Q.HOBEHIW,KE«Y EMBASSY SUITES �� �^' nRCHirecr iNc. 60000MMERCE STREET .-,.o,. • ,,..,, FORT WORTH TEXAS I � � Q►BOBEfli W, KEL�V E M B A S S Y S U I T E S 5 m o D ^ z .. �' w ARCHITECT �N�. 600 C 0 M M E R C E S T R E E T ..,.,,,.,,,. �.,� .,,.,,,.., F 0 R T W 0 R T H T E X A S I SYNEPRO-01 JO�/1 DATE(MMIDD/YYYY) A�ORD7M CERTIFICATE OF LIABILITY INSURANCE a�2a,2oos PRODUCER (916) 231-1741 ONLY AND'CONFERS NO R GHTS UPON THE CERTIFOICATEION Acordia of California lnsurance Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR CA DO! LIC #0352275 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 11017 Cobblerock Drive, Suite 100 Rancho Cordova, CA 95670 � INSURERS AFFORDING COVERAGE i NAIC # INSURED PRL Investments, Inc. Z h Insurance Company L�0142 P.O. Box 94265 Lubbock, TX 79493 INSURERA:Al11B�ICatl U�IC iNsuRER B: American International Specialty Lines W SURER C: INSURER D: UVCRMVGJ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDI 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS. _ iR .QDD' on� �rv ui uuwca Pn�nrcY�E�F��ryNE P�ATCE !MM% D/YY�1N LIMITS 'i ijj��''G��ENERAL LIABIUTY A I X � J� I. COMMERCIAI GENERAL LIABILITY CP0378531201 �I � CLAIMS MADE C OCCUR � GEN'L AGGREGATE LIMIT AP�PL'�IES PER: � ani icv � Pcr�r I� I LOC A AUTOMOBIIE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS �X HIRED AUTOS NON-OWNE�AUTOS GARAGE LIABILITY � ANY AUTO TAP591563101 FACH OCCURRENCE $ 5/1/2006 5/1/2007 pREMISES Ea occurence $ MED EXP (Any one person) $ PERSONAI 8 ADV INJURY $ GENERALAGGREGATE 8 � PRODUCTS-COMP/OPAGG S COMBINED SINGLE LIMIT � 5!1/2006 5/1/2007 (Eaaccident) EXCESSIUMBRELLA LIABILITY B X I occuR � CLAIMSMADE 9746421 5!1/2006 5/1/2007 IDEDUCTIBLE . i X RETENTION $ � O�OOO WORKERS COMPENSATION AND '. EMPLOYERS' LIABILITY - ANY PROPRIETOR/PARTNEfLEXECUTIVE OFFICERlMEMBER EXCLUDED? , I( yes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICIES / EXCl11510NS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS BO�ILY INJURY I � (Per person) BODILY INJURY I $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC $ AUTO ONLY: qGG 5 EACH OCCURRENCE S AGGREGATE S $ $ S E.L. EACH ACCIDENT $ E.l.. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT S 1,000,0 1,OOU,O 10,0 1,000,0 2,000,0 2.0��.0 1,0 ,000,0 arriers financial strength is AX-V E: Clarion Hotel in Ft. Worth Texas 600 Commerce St., Ft. Worth, TX. The certificate holder it's o�cers and employees are included as iditional insured per CG2010 (10/93) for this project and waiver of subrogation is included perCG2404(10/93). Subject to 10 day cancellation �r non-payment of premium. THIS CERTIFICATE VOIDS AND SUPERCEDES THE CERTIFICATE ISSUED 4/24/06. ;ERTIFICATE HOLDER CANCELLATION City of Fort Worth Transportation & Public Works St. Mgmt. Dept 311 W. 10th St. Fort wortn, TX 76102- ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EN�EAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLOER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSUREft, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE �O ACORD CORPORATION 1988 SYNEPRO-01 JOVI IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) INSURED: Synergy Hotel, Inc./ PRL Investments, Inc. 5-1-0615-1-07 POLICY NUMBER:CP0378531201 COMMERCIAL GENERAL LIABILITY INSURANCE COMPANY:American Zurich Ins. Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under khe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Ft. Worth Transportation and Public Works Street Management Dept. Its officers & employees 311 W. 10'" St. Ft. Worth, TX 76102 As respects: Clarion Hotel 600 Commerce St., Ft Worth, TX. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. ACORDIA OF CALIFORNIA INSURANCE SERVICES, INC. CG 20 10 10 93 Copyright, Insurance services Office, Inc., 1992 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG24041093 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 5-1-2006 Named Insured: Investments. Inc. Policy Number: CP0378531201 12:01 A.M. standard time Synergy Hotels, Inc. / PRL Countersigned by: SCHEDULE Name of Person or Organization: City of Ft. Worth Transporation & Public Works St., Mgmt Dept., it's officers and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV—COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: 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. CL 675 {10-93) CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 By CITY OF FT WORTH 1000 THROCKMORTON FT �JIIURTH TX 76102 Submitter: CITY OF FT WORTH/J CRAIG EATON �U�ANNE HENDEF�SON TARRAN'T COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 s ��' .�.- �s + '� �' �' : +,�..v �a,�.. !^,4 `( .. N�� `Y�Y i� S 4 �t R + : i �Y* ,.�t,� � � + i ` +F�'a se+'� t� DO NOT DESTROY WARN/NG - THIS IS PART OF THE OFFICIAL RECORD. Filed F�Qr Registration: 03/16/2007 01:24 PM ?astrument #: D207093652 A 20 PGS I III III IIII IIIII II II IIIII IIIII IIIII II II IIIII II II IIII III D207093652 $88.00 ANY Pf20VISfON WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.