HomeMy WebLinkAboutContract 37073CP'i'Y SECRETARY
Ci NTI ACTT NO , 7
ENCROACHMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is made and entered into by and between the City %J 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 Presidio Hotel Fort Worth, LP acting herein by and through its duly
authorized its general partner hereinafter referred to as "Grantee", Owner of the
property located at 1701 Calhoun Street, Fort Worth Texas ("Property").
WITNESS E T H:
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, sidewalks and other public
rights -of --way, such Improvement(s) are described as follows:
Sidewalks and Street Lamps per approved plan
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 jwritten, a?pro vOl 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.
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.
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 damage or disruption of
improvements installed by Grantee or its successors, but City will make reasonable
efforts to minimize such damage.
In orderlo,defray all costs of inspection and supervision which City has incurred
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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 None Fees are Waived
Dollars ($0.0).
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 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
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
contemplatggo not, that this Agreement shall automatically terminate,
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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.
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 OFFICERS,
AGENTS. SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS OR SUIT& FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL
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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:
$1,000,000 Commercial General Liability
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. In'surance annually to City on the anniversary date of the execution of this
Agreement.
j',l �,.
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
sufficient sum of money to be used to pay necessary fees to record this onset
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
Grantee, City shall be entitled to recover interest and reasonable attorney's fees.
18.
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.
_ .��Jalj
EXECUTED this 2� day of 20 G
City
City of Fort Worth
Acting Director
ATTEST:
City Se
Grantee
Presidio Hotel Fort Worth, LP
A Texas Limited Partnership
By Presidio Hotel GenPar, LLC
Its Managing Member
By: �
Name:
Title:
Sy f t+� � ('►�1-I i 7�
Approved As To Form And Legality
Assistant City Attorney
STATE OF TEXAS S
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Susan Alanis, 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
1200Ma .
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OF OFFICE this ��.day of
Notary Public in and for the
R. G. NARE2
Notary Public, State of Texas
My Commission Expires
September 10, 2009
oa va �a �a.,� sa. �a a•,c�..:�e,c�>eSc✓.�c!g,•�..,�¢,c�
State of California
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County of '
On "l�il"vO %�, �QU�1 before me, ��i �1)ck s X) o �fl� ,y�'�G(i� �CC Ji(C
Date Here Insert Name and Title of the Officer
personally appeared U�'�
Names) of Signer(s)
1$ .
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(Wwhose name,W is/am subscribed to the
within instrument and acknowledged to me that
he%s#e/e}r executed the same in hisAaefAheir authorized
capacity,(iesj, and that by his/4er- ftir signature < on the
instrument the person(aror the entity upon behalf of
which the personks) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
/11
WITNESS � y (hand and offici
Signature
OPTIONAL
Signature of Notary Public
Though the information below is not required by
law,
it may prove
valuable to persons relying on the document
and could prevent fraudulent removal
and
reattachment
of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name:
❑ Individual
❑
Corporate
Officer
❑
Partner —
❑Limited
❑General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
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Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer
❑ Partner — [I Lim ❑General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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