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HomeMy WebLinkAboutContract 37635CITY SECRETARY CONTI�1'ACT NO* ENCROACHMENT AGREEMENT STAT€ 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 s13 Company, Lta. acting herein by and through its duly authorlZ�d General Partner, 800's Company, Inc. by: O. K. Shannon, President hereinafter referred to as "Grantee", Owner of the property located at 813 Taylor Street ("Property"). WITNESSETH: 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 aHow 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 Improvements) are described as follows: encroachment into alley of 1'-4" as shown on attached Exhibit A-1 & A-2 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 alf purposes. 2. All construction, maintenance and operation in connection with such improvement, use and occupancy snail 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-o€-,�ay tr<volved, except as described 'Herein and shown on the hereinabove referred to exhibit . 4. Grantee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or fufiure 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 cost{y 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. b. 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 vrhich City has incurred Qr will incur as a result or" 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 Dollars ($ ). 7. The term of this Agreement shall be for thirty years, commencing on the date this Agreement is executed by the City of Fgrt Worth. g. Upon termination of this Agreement, Grantee shah, at the option of City a�,d at no expense to City, restore the public right-of-way a, �d 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 b_y 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 roperty 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 contemplated or not, that this Ay~reement shall automatically terminate. 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 properly in which a third party may have an interest, and Grantee agrees that it will obtain all necessary permission before occupying such property. s 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 ail 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 ofincer, agent, servant or employee of City and Grantee shall have exclusive control of and the exclusve 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 FiEREDY iNDEnnNiFY,tfOi.D HARMLESS AND DEFEND CITY, ITS C OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL RERSONS, OF WHATSOEV€R F(IND OR CHARACTER, WHETH€R R€AL OR ASSERTED; ARISING OUT OF OR IN CONNECTION WITH; DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, E�iSTENCE OR LOCATION OF SAID iMPROVEnnENT AND l��C�3Z�ZZ�a��l���r_\�I�llh��•lei7_1Ti���T.I�:T��1�I7-���iTl:r�'.I�t77►Ci1 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. GRANTED SHALL LiiCE11VIS� ASSUME ALL LIABILITY A�"ID RESPONSIBILITY A�.D SHALL INDEI' �I`.IFY 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: 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 Gity 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 a!i times during the term of this Agreement and anti! 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. or After being recorded, the original shall be returned to the Clt y Secretary of the City of Fort Worth, Texas E3 In any action brought by the City for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorneys 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 wiil 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 shaii be binding upon the parties hereto, their successors and assigns. 0 EXECUTED this(3 'day of , 20 City City of Fort Worth 3 Fernando Costa, Assistant City Manager ATTEST: City Oecretary I =.ct Au Cojtract �uthorizatiox Date OFFICIAL RECORD CITY SECRETAR`� GranteQ Name: o. K. Shannon Title: President Approved As To Form And Legality io City Attorney FT. WORTH, Tat STATE OF TEXAS § COUNTY OF TARRANT � BEFORE YIE, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared o. x. Shannon 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 813 Company, Lta. and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 12612. MY COMMISSION EXPIRES V March 10, 2011 �r4f 12 Notary Public i d 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 Fernando Costa, 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 car�acity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this / day of 20pf HEITIE LANE Notary Public in and for the MY COMMISSION EXPIRES State of Texas July 26, 2011 r�� eWoo .�.. O�z Sketch shoring dl of Lot 4R, Rlock 3 according to the plat thereof recorded of the Plat Records of Tarrant County, thru 4 in Block S. end all of lot I at Block S of BIRSHFIELD ADDITION, to 4 Tarrant County, T, We marked or referenced the corn The visible conditions along the Lot lb The location of the improvements relat shorn hereon. Surveyed on the ground Brookes Baker Sun — _ ,.i'L _ - .' � c x tXvl� dre Got two :a. r.._.MW w. torts sm�r �" krd a�Rur_ a T ;. 9%1 l66rtY C(0.wi �iR ]if5 ]EM9 i PLACE �F COMMENCING PARCEL Imul 3 DESCRIPTIQN L07 4 AD BALCONY TO BUILDING / I �f LOT 3 BLOCK 6 813 COMPANY, LTD., VOL 12832 PG 14 D.R.T.C. LOT 5 BLOCK 6 HIRSHFIELD ADDITION 1 � � Z 0 LOT 4 BLOCP I TRAC1 APPROXIMATE PER C BUILDING LOCATION OF GF# 0 GENERATOR ON RAISED STAIRWAY TO UPPER T 9.00 4CC,PADONCRETE LEVEL. 1090 z /�7!z/ LOT ! I 11-41 LL' Illl LPL I / BLQCI I TfT N 0 �//////�/����/����////// >5.30' � CONCRETE EAST 100.00* 5331 DOORWAY BETWEEN TOP t; FLOOR OF PARKING LOT LEAD PLUG AND BUILDING TO NORTH WITH TACK SET P A F INSET 28, fee* 0.393 OF � 813 CO VOL 12832 / / 1,008 SQUARE FEET / TRACT / TO / 813 COMPANY LTD., / VOL 16020 PG 48 O.R.T.C.T. PLACE OF BEGINNING PARCEL N0. 3 DESCRIPTION PARCEL �1t3. 2 PARCEL ND. 3- 21,487 square feet. 1,059 square LOT 4R BLOCK 3 feet. HIRSHFIELD ADDITION / CABINET B, SLIDE 2503 / j P.R.T.C.T. OVERHEAD MULTI STORY jCONCRETE PARKING PASSAGEWAY / GARAGE BETWEEN BUILDINGS 490 PARKING SPACES OF WHICH 13 j ARE HANDICAPPED SPACES 1\ % 00 21, 487 SQUARE FEET 4 Client#: 68888 18OGDENK ACORDTm CERTIFICATELIABILITY INSURANCE DATE (MMID 07/01/08 D/YYYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wortham Insurance & Risk Mgt ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1600 West Seventh Street HOLDER, THIS CERTIFICATE DOES NOTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth, TX 76102=2505 817 336-3030 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Travelers Lloyds Insurance Company 41262 Ogden K. Shannon ttl INSURER B! Travelers Indemnity Company of CT 25682 813 Company, LTD.; 307 West 7th Street INSURERC: Suite 1724 INSURER D: Fort Worth, TX 76102 INSURER E: COVERAGES 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR N R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE M DD POLICY EXPIRATION DATE M / LIMITS ' A GENERAL LIABILITY ILPACP6621 B341TLCO 01/24/08 01/24/09 EACH OCCURRENCE $1 0001000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE D OCCUR DAMAGE TO RENTED PREMISES lEa occurrence $300 000 MED EXP (Any one person) M000 PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE s2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $2 000 000 POLICYf�l 'JE LOG AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS/UMBRELLALIABILITY ISMCUP1131Y237TCT0 01/24/08 01/24109 EACH OCCURRENCE $10 000 000 OCCUR El CLAIMS MADE AGGREGATE $10 000 000 DEDUCTIBLE $ $ X RETENTION $ 10000 B WORKERS COMPENSATION AND IEUB8821B11308 01/24/08 01/24/09 WCSTAIT OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTNE E.L. EACH ACCIDENT $500,000 OFFICERIMEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE $500,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $500,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS City of Fort , Worth 1000 Throckmorton Fort WorthTX 76102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE 70 THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 80 SHALL NO OBUOATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE ACORD 25 {2001/08)1 of 2 #S45750/M45749 � 18KMA ©ACORD CORPORATION 1988 Page 1 of 2 • • • DATE: Tuesday, September 09, 2008 LOG NAME: 06813COMPANY REFERENCE NO.: *�C-23023 SUBJECT: Authorize Execution of an Encroachment Agreement with 813 Company, Ltd., Authorizing Use of an Alley Right -of --Way for an Encroaching Decorative Pre -Cast Concrete Element Extending from a Parking Garage Located at 813 Taylor Street RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a standard encroachment agreement with 813 Company, Ltd., allowing the use of the alley right-of-way. DISCUSSION: 813 Company, Ltd., has requested use of the public right-of-way for an existing pre -cast piece of concrete which extends 1'-4" into the alley right-of-way from their parking garage located at 813 Taylor. he parking structure is covered under an encroachment agreement which gained City Council approval in 2004 (Reference number C-19433). However, this decorative pre -cast concrete portion of the structure was not included in that approval. The Encroachment Committee, consisting of staff from Transportation and Public Works, Water, and Planning and Development has reviewed and approved this encroachment. The fee for the privilege granted by this agreement will be $575. The term of the agreement will be 30 years. The subject property is in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Planning and Development Department is responsible for the collection and deposit of these fees due to the City under this agreement. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 421232 0062000 575.00 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Fernando Costa (6140) Susan Alanis (8042) David Schroeder (2239) http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 9/22/2008 Page 2 of 2 http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 9/22/2008