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HomeMy WebLinkAboutContract 37428CiT`t SECRETARY COf J!"3ACT NO . ) T 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 Planning and Development Department Director, acting herein by and through its duly authorized �,�,.�, �,� �C)��vl �- �l% r kt� hereinafter referred to as "Grantee", Owner of the property located at ("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, QFFICI�#L RECORD CITY SECRETARY FT. (NORTH, TX sidewalks and other public rights -of -way, such Improvements) are described as follows: &IM C 01.A Z 5 "#%4 W r v('w 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". 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. 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, Grantee agrees to pay to City at the time this Agreement is executed a fee in the sum of J____q Dollars 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. E� 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. L� 9. It is further understood and agreed upon between the parties hereto that the public rights -of -way, alleys, sidewalks ("public right-of-way") to be used and encroached upon as described herein, are held by City as trustee for the public; that City exercises such powers over the public right -of way as have been delegated to it by the Constitution of the State of Texas or by the Legislature; and that City cannot contract away its duty and its legislative power to control the public right -of --way for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the right of way to be used for any other public purpose, including but not being limited to underground, surface of overhead communication, drainage, sanitary sewerage, transmission of natural or electricity, or any other public purpose, whether presently contemplated or not, that this Agreement shall automatically terminate. 10. 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 OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE %J 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 tHIV 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 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. 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 attorneys 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. 0 EXECUTED this City City of Fort Worth By S� Di Planning and Development ATTEST: City Se OF�lCl�►L RECORD CITY SECRETARY FT. WORTH, TX day of ` 20 - . Grantee (Business Name) By: Nar Title Approved As To Form And Legality Assistant City Attorney io 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 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 OF OFFICE this S}' day of 20� Notary Public in and fdrie State of Texas Notary Public, State of Texas My Commission Expires September 10, 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 �- \ CIS VA�e , known to me to be the person whose name is subscribed to the foregoing instrumentI and acknowledged to me that he/she executed the same for the purposes stated. and consideration therein expressed, as the act and deed of :n and in the capacity therein GIVEN UNDER MY HAND AND SEAL OF OFFICE thisday of 20 O . TAMMY RIOT M1l Canmlalon EttpUw, JWW 1 So 2011 Notary Public in and for the State of Texas 12 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Intermediaries, Inc. HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6460 Busch Blvd., Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. [K•7 U 1111 •J! F-� ��J i fC 6f.IA-rl'i �� 91922 _• • • 413E Yellowleaf Dr. Ft Worth, TX 76133 COVERAGES INSURERS AFFORDING COVERAGE NAIC# INSURER A: Scottsdale Insurance Co. INSURER B: INSURER C: INSURER D: INSURER E: 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, INSR LTR DD' INSW TYPE OF INSURANCE POLICY NUMBER POLICY �TNE POLICY EXDATE MHRATION LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMSMADE OCCUR PS0941136 07/21/2008 11/21/2008 EACH OCCURRENCE $ RENTEDDAMAGE TO PREMISES PREMISES Ea occurence $ MED EXP (Any oneperson) $ "if 000 PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ GENT AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ ECCE3a/UMBRELLA LIABILITY OCCUR El CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ 5 $ $ WORIEiS COM PERSATION AND EdPLO`fER9 LIABILITY ANY PROPRIETOR/PARTNEIVEXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER PROPERTY PS0941136 07/21/2008 07/21/2009 WC STATU- SER OTH- E.L. EACH ACCIDENT 5 E.L. DISEASE - EA EMPLOYEO $ E.L. DISEASE - POLICY LIMIT $ LDG-200,000 $DED-500 BASIC DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / E(CLUSICNS ADDS) BY ENDORSEMENT / SPECIAL PROVISIONS 3tw Arc. G City of Fort Worth AMA 1000 Throckmorton St Fort Worthr TX 76102 ACORD 25 (2001 /08) DS#4913115 LEGEND OF ABBREVIATIONS AND SYMBOLS B,t, d Bullding Linn I.P.F. = 1r Plpo F&.A P.A.E, - Public Aecaaa Eaeamant 4M. 0 Control Monument I.R.F. a Iron Rod Found P.O,5.E. - Public Open GPC& Dralnpge Easormt LEES. PANIron Rnd Bet Spoea E� mt D,U,E. . Drnlutility M.E. Maenmce ;�tE050mmt R.O.W. Right of Way ET a ElccWc Tro tero mer ( ) PPPRernrd Data R-W. - Retalfling Wall F,P, Fence Post AVENUE G Fence I/IRS o por ch a, 3 0 Y ' .. r't�cre4c. tY-2'.'' TWG� STORY FRAME tWa SWry franc ( 9100 AVENUE G g6 FT2tl7-g0B001261 Date: 0A/26/08 MWM In black ink. ACCEPYEO 6Y, DATE: 0 W LOB 8 BLOCK 41 15` ALLEY 0 -0:- 0- N- o� S.E. 9ewar Eaacrncnt U.E. Utility Easement X,T.R.H. . Rollrood Tte ReWnlnp Woll O.1l.E Frame I/�2" IRF 1/2" IRF found "x" I00.00' Mils t.ot is croon m bets Ipcatsd In Zane 'Xa by Flood Inaurancs Rote Mop No. A0139G0g10 J, dated August 29, 2000. It I� not shptu't ae befrnt�0 located in a Bpeclal flood Narad Free Inundated by t>X)-Yoa' Flood, LEGAL. pESCRIPTIpN L addition at A, in Blank 41 of PolgtaehalC Heights Addition, an to the City of Fort Worth, Tarrant County Tezcae, according to the plat recorded in Volume 83, , Page 1DU, Plat Records, Tarrant County, TnXae. 4304 7ATE SPRINGS ROAD st 200, gRLINGTON, TX. 76016 - PFilt (0I7)478-6802, A.L.S. LAND SURVEYING Q Pryle..�ar.ei Lm,d B.aveytxsp 8r.ctaaa FAXtt (817)478-68621 METROa (817)Gl(�9225 LEGAL. pESCRIPTIpN L addition at A, in Blank 41 of PolgtaehalC Heights Addition, an to the City of Fort Worth, Tarrant County Tezcae, according to the plat recorded in Volume 83, , Page 1DU, Plat Records, Tarrant County, TnXae. 4304 7ATE SPRINGS ROAD st 200, gRLINGTON, TX. 76016 - PFilt (0I7)478-6802, A.L.S. LAND SURVEYING Q Pryle..�ar.ei Lm,d B.aveytxsp 8r.ctaaa FAXtt (817)478-68621 METROa (817)Gl(�9225 Corporations Section P.O.Box 13697 Austin, Texas 78711-3697 Funding USA, LLC File Number: 800646565 Roger Williams Secretary of State The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the above named Domestic Limited Liability Company (LLC) has been received in this office and has been found to conform to the applicable provisions of law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing filing effective on the date shown below. The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act, or the common law. Dated: 04/26/2006 Effective: 04/26/2006 Roger Williams Secretary of State Come visit us on the Internet at http://www.sos.state.tx.us/ Phone: (512} 463-5555 Fax: (512) 463-5709 TT`Y: 7-1-1 Prepared by: Dee Harris Document: 127431100006 ecretary of State .O. Box 13697 ustin, TX 78711-3697 AX: 5121463-5709 Fee: $300 Certificate of rormation Limited Liability Company - ng entity being formed is a limited liability company. The name of the entity is: Filed in - • - t Secretary of State of 0000 for -, III I'll dIddl, name of the entity must contain the words "Limited Liability Company" or "Limited Company," or an accepted abbreviation of such terms. e e must not be the same as, deceptively similar to or similar to that of an existing corporate, limited liability company, or limited partnership e on file with the secretaryI'd " of state. A preliminary check for name availability' is recommended. The initial registered agent is an organization (cannot be company named above) by the name of: The business address of the registered agent and the registered office address is: �A. The limited liability company is to be managed by managers. _ _ _ OR B. The limited liability company will not have managers .Management of the company is reserved to the members. The names and addresses of the governing persons are set forth below: purpose for which the company is organized is for the transaction of any and all lawful business for which limited ity companies may be organized under the Texas Business Organizations Code. attached addendum, if any, is incorporated herein by reference.] 6k This document becomes effective when the document is filed by the secretary of state. ................... _.............._...-.. . OR JoB. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its igning. The delayed effective date is: e undersigned signs this document subject to the penalties imposed by law for the submission of a materially false fraudulent instrument. el III- d"I ell ias Akei -- -- — - — nature of Oraanizer FILING OFFICE COPY