HomeMy WebLinkAboutContract 39658CITY SRCRETAR)f
CONTRACT NO. 39 �5�a
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,
hereinafter referred to as the "City", and
acting herein by and through its duly authorized p„,�� _ ; t,,., 1„,�
hereinafter referred to as "Grantee", Owner of the property located at
(ola r� . &OKc hawle AVIc
Fart w.ruktft . T - ("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,
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
sidewalks and other public rights -of -way, such Improvement(s) are described as
follows.
Por+abIc Shoe shok 5-Vae,44 Wk(J*► will ®etL?/ a ?if tow ar A6 Stgty,oc
direektJ tN RONA off' 4;lc Whtiz E1e4149+ 154l"r4 LJtS 66*wm I«a ticl+164 A)
51%ioc 5A•wA ►S e6afr#04 , 141ekeA 4.,ti ItA 44� rjIJI+
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
K�
Upon completion of construction and installation of said Improvement and
thereafter, there shall be no encroachments in, under, on or above the surface
area %J the streets, alleys, sidewalks and other public rights -of --way involved,
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 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
pf 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
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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 off 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.
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 than 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
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.
11.
Grantee agrees to comply fully with all applicable federal, state and local
laws, statutes, ordinances, codes %J regulations in connection with the
construction, operation and maintenance of said Improvement, encroachment
and uses.
12.
Grantee agrees to pay promptly when due al! 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 respondent 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.
GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
C�
• • ,
INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY,' USE,
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 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
cIeaning and restoration of the city streets. All insurance coverage required
herein shall include coverage of all Grantee's contractors.
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.
0
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 will be void.
THIS AGREEMENT.
19.
20.
This Agreement shall be binding upon the parties hereto, their successors
and assigns.
E
EXECUTED this
City
City of Fort Worth
By:
Su:
Director
Planning and Development
"I day of NO , 2001 .
%�5.� ity Secretary
Grantee (Business Name)
t Olq49i1
Name:
Title:
Approved As To Form And Legality
Assistant City Attorney
io
in/ht EIqNft-t
�N'IsTOVS =w
6 d A rz /7 ki e Lk
OFFICEAL RECORD
CITY SECRETARY
FT WORTH, TX
STATE OF TEXAS §
COUNTY OF 1 ARRANT S
BEFORE ME, the undersigned authority, c, 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 day of
f o . , 20�
Notary Pbblic in and for the
State of Texas
AN6ELA ESiRA�A
Notary Public, State of Texas
My Commission Expires
August 21, 2011
11
STATE OF TEXAS §
COUNTY OF TARRANT u
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared' ;Al <<j
known to me to be the person whose name is subscribed to the foregoing
instrumentI and acknowledged to me tha# he/she executed the same for the
purposes and consideration therein expressed, as the act and deed of
1ppj k4vx,k � and in the capacity therein
stated.
GIVEN NDER MY HAND AND SEAL OF OFFICE this ��'� day of
Nov , 20m_.
a,FJAdkII:!q:m6*1 Notary Hubhc)nP •
r..
. State of Texas
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✓,�hlbr� g
Client#: 51493 WHITE30
ACORDTM CERTIFICATE1/22/
F LIABILITY INSURANCE M/DDlYYYn
Oi /22/09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
WEATHERFORD- COMMERCIAL ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Higginbotham &Associates, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
120 Palo Pinto Street
Weatherford, TX 76086 INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURER A: Republic -Vanguard Insurance Co. 40479
White Elephant Enterprises, Inc.DBA INSURERB:
108 E. Exchange Ave. INSURER C:
Fort Worth$ TX 76106 INSURER D:
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,
TYPE OF INSURANCE
A I GENERAL LIABILITY �RGL32361206 � 11/01/OS � 11/01/09 � EACHOCCURRENCE
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE L OCCUR
PD Ded:250
LIMIT APIPL�IE►S PER:
PFrT I I LOC
AUTOMOBILE ANY AUTO
LIABILITY
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
AGE LIABILITY
ANY AUTO
EXCESSJUMBRELLA LIABILITY
OCCUR ❑CLAIMS MADE
DEDUCTIBLE
WORKERS COMPENSATION AND
EMPLOYERS' LU\BILITY
ANY PROPRIETOR/PARTNERlEXECUTIVE
OFFICER/MEMBER EXCLUDED?
If yes, describe under
OTHER
I DESCRIPTION OF OPERATIONS /LOCATIONS! VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
City of Ft Worth
1000 Throckmorton
Ft. Worth, TX
LIMITS
PERSONAL & ADV INJURY
a1
000
000
GENERAL AGGREGATE
I $2,000,000
_
PRODUCTS - COMP/OP AGO
1$2.000.000
COMBINED SINGLE LIMIT I $
(Ea accident)
BODILY INJURY 13
(Per parson)
8001LY INJURY 13
(Per accident)
PROPERTY DAMAGE
� $
(Per accklent)
ONLY - EA ACCIDENT
OTHER THAN
AUTO ONLY: AGG
TE
E.L. DISEASE -EA
E.L. DISEASE -
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL �.0_ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 30 SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
''�I�D 29 (20r)1IOS11
of 2 _ #523234�/M23�2>�3
AUTHORIZED
BUSINESS ORGANIZATIONS INQUIRY -VIEW ENTITY
Page 1 of 1
UCC�
L_ o�out
Business Or anizations � Trademarks � Notary � Account � Help/Fees � Briefcase �
BUSINESS ORGANIZATIONS INQUIRY -VIEW ENTITY
Filing Number:
Original Date of Filing:
Formation Date:
Tax ID:
Duration:
Name:
38294700
June 14, 1976
N/A
17515162802
Perpetual
Entity Type:
Entity Status:
FEIN:
Domestic For -Profit
Corporation
In existence
WHITE ELEPHANT ENTERPRISES, INCORPORATED
Address: 106 E EXCHANGE AVE
FT WORTH, TX 76164 USA
REGISTERED FILING ASSUMED ASSOCIATED
AGENT HISTORY NAMES MANAGEMENT NAMES ENTITIES
Last Update Name Title Address
July 13, 2009 TIM LOVE DIRECTOR 2400 MISTLETOE BLVD
FT WORTH, TX 76110 USA
July 13, 2009 TIM LOVE PRESIDENT 2400 MISTLETOE BLVD
FT WORTH, TX 76110 USA
July 13, 2009 EMILIE LOVE DIRECTOR 2400 MISTLETOE BLVD
FT WORTH, TX 76110 USA
July 13, 2009 EMILIE LOVE VICE 2400 MISTLETOE BLVD
PRESIDENT FT WORTH, TX 76110 USA
July 13, 2009 ALISON MORRIS DIRECTOR 516 IRONWOOD DR
KELLER, TX 76248 USA
July 13, 2009 ALISON MORRIS TREASURER 516 IRONWOOD DR
KELLER, TX 76248 USA
Order Return to Search
Instructions:
� To place an order for additional information about a filing press the 'Order' button.
hops://direct. sos.state.tx.us/corp_inquiry/core_inquiry-entity. asp?spage=mgmt&: Spagefi•... 12/09/2009
Tarrant Appraisal District
Business Personal Property
12/09/2009
Account Number: 08333033
Business Name: White Elephant Saloon
Property Location: 106 E Exchange Ave, Fort Worth
Owner Information: White Elephant Enterprises Inc
106 E Exchange Ave
Fort Worth Tx 76106-8210
Property Type: Business Personal Property
Taxing Jurisdictions: 026 City of Fort Worth
099 Regional Water District
220 Tarrant County
224 Tarrant County Hospital Dist
225 Tarrant County College Dist
613 Cfw Pid #11 (Stockyards)
905 Fort Worth ISD
This information
is
intended for
reference only and
is subject to change. It may not accurately reflect the
complete status
of
the account
as actually
carried
in TAD's database.
Certified Values for Tax Year 2009
2009 Market Value $116,186
5-Year Value History
Tax Year
Appraised Total
Market Total
2008
$101,994
$101,994
2007
$73,420
$737420
2006
$48534
$48534
2005
$48X5
$48X5
2009 Rendition Received? Y
2009 Notice Sent: 06/05/2009
Exemptions: None
Property Data
Worked? Y Extension Filing
Code:
Protest Deadline: 07/06/2009
State Code: L1 Commercial BPP
SIC: 5813 Drinking Places
Real Estate Account: 01078224
Agent: None
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