HomeMy WebLinkAboutContract 41821 (2)STATE Ol TI=)(AS
CITV SECRETARY
CONTRAcT t ad
ENCROACHMENT AGREEMENT
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 Carlyle/Cypress West 7th, LP, a
Delaware limited partnership
acting herein by and through its duly authorized Brian Parro,Vice-President &
Chief Financial Officer hereinafter referred to as "Grantee", Owner of the property
located at 2853 Crockett Street, Fort Worth, TX 76107 ("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,
sidewalks and other public rights -of -way, such Improvement(s) are described as
follows:
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, 1i X
1
sidewalks and other public rights -of -way, such Improvement(s) are described as
follows:
Parking structure over an alley
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
3
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 Two Hundred Seventy Five Dollars ($275.00).
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.
8.
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.
4
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.
5
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 covenant? 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
6
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 Tess 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
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.
8
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.
9
EXECUTED this 3k9r day of IM026 .20\ .
City
City of Fort Worth
=-H woo
11
-D-eve
ATTEST:
City Secret
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Grantee( Business Name)
CARLYLE/CYPRESS WEST 7TH, LP,
a Delaware limited partnership
By: Carlyle/Cypress West 7th GP, LLC,
a Delaware limited liability company
By: Carlyle/Cypress Retail I, LP,
a Delaware limited partnership
men-t
0
efOrl
Ay ft 000000 N
By: Cypress Equities, LLC,
a Texas limited liability company,
its general partner
0.
By:
Brian Parro
%Vice President & Chief Financial Officer
Approved As To Form and Legality
Assistant City Attorney
.faao e‘
Contract Au hor i zf ioa
Date
STATE OF T
so
)(AS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Randle Harwood, 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.
i/Waet
i� GIVEN UNDER MY HAND AND 51�/�L OF OFFICE this day of
, 20f
-r t. brJ. y•
EVONIA DANIELS COMMISSION EXPIRES
~idly 103 201�3
11
4
otary 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 ir'/ct A., %fro
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
C,- /7/e/� k,rst 7f I , c L and in the capacity therein
// 7r
stated.
GIVEN NUUN ER MY HAND AND SEAL OF OFFICE this Frday of
cearakl,20 1t .
Teerxemzt, G 4A,
Notary Public in and for the
State of Texas
•-%
EE
IJJ
0)
Et
tJJ
iii)gideontoal
CROCKETT STREET
FUTURE RETAIL
ANL
MORTON STREET
ROPERTY LINE
REFER TO ENLARGED PLAN
OVERALL PLAN
EXHIBIT A
09.155.00
MARCH 4.2010
B1 OF 4
gideontoal
PARKING STRUCTURE LEVEL 1
ENLARGED PLAN LEVEL 1 -
EXHIBIT A
09.155.00
MARCH 4, 2010
B2 OF 4
gideontoal
RESIDENTIAL
111 PARKING STRUCTURE LEVEL
ENLARGED PLAN BRIDGE TYPICAL
EXHIBIT A
09.155.00
MARCH 4, 2010
B3 OF 4
RESIDE
gideontoal
.c.i\c•
-.......
co
1
-c,
r-Nc-
j co
1
0
z—Nc-
cs.1
co
2\ 0, V-8"
1 i6"-8"
1 00"4"
R AIL
PROPERTYLINE
STRUCTURE LEVEL6
161111111111111MIIIIIiiii111111
PARKIN
T RE LEVELS
PARKIN
PARKIN
11111111.1111111111111111Malla
ALLEY
SECTION A —A
EXHIBIT A
111
PARKING
.TRUCTURE
••••••••111
•••••••••••••INI.
OW
112
09.155.00
MARCH 4. 2010
B4 OF 4
ACOR®`
CERTIFICATE OF LIABILITY INSURANCE 10/24/2011
DATE (MM/DD/YYYY)
4/27/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POL CIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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).
PRODUCER LOCKTON COMPANIES LLC-N DALLAS
717 N. HARWOOD, LI3#27
DALLAS TX 75201
214-969-6700
INSURED Cypress Equities Operations, LP.
1338436 8343 Douglas Avenue, Suite 300
Dallas TX 75225
CONTACT
NAME:
PHONE
(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURERIS) AFFORDING COVERAGE
INSURER A : Mt. Hawley' Insurance Company
INSURER B : Liberty Insurance Underwriters Inc
INSURER C :
FAX
INC.
0No):
NAIC #
37974
19917
INSURER D :
INSURER Ej
INCI IRFR F •
•
THIS IS TO CERTIFY THAT 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
AWL
SUBR
POLICY EFF
POLICY
EXP
1 TR
TYPE OF INSURANCE
NCR
YAM
POLICY NUMBER
POLICY
LIMITS
A
GENERAL LIABILITY
y
N
MGL0169816
10/24/2010
10/24/2011
EACH OCCURRENCE
$
1,000,000
X
COMMERCIAL GENERAL LIABILITY
DAMAGE
(aEOWirr
nce)
$
50,000
CLAIMS -MADE
X
OCCUR
MED
EXP (Any one person)
$
5,000
PERSONAL
& ADV INJURY
$
1,000,000
GENERAL
AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS
- COMP/OP AGG
$
11000,000
POI ICYpIFa
I{)C
A
AUTOMOBILE LIABILITY
N
N
MGL0169816
10/24/2010
10/24/2011
fEo
acB.nideDt?INGLE
LIMIT
$
11000,000
ANY AUTO
BODILY
INJURY (Per person)
$ XXXXXXX
AUTOWNED
SCHEDULED
BODILY
INJURY (Per accident)
$ XXIXXXXX
X
X
ED
PROPERTY
DAMAGE
$ XXXXXXX
HIRED AUTOS
rum
(Per accident)
$ XXXXXXX
B
X
UMBRELLA LIAB
X
OCCUR
N
N
EXCDA2118352
10/24/2010
10/24/2011
EACH
OCCURRENCE
$ 25,000,000
EXCESS LIAB
CLAIMS -MADE
AGGREGATE
$ 25,000,000
DED
RETENTION
$
$ XXXXXXX
WORKERS COMPENSAT ON
ITWC STATU-
IDTH-
AND EMPLOYERS' LIABILITY
ORY I NITS.
FR
////�NNNNNI
NOT APPLICABLE
ANY PROPRIETOR/PARTNER/EXECUTIVE
tYYYYV
N / A
E.L EACH ACCIDENT
$ XXXXXXX
OFFICER/MEMBER EXCLUDED?
1
1
(Mandatory In NH)
E.L DISEASE - EA EMPLOYEE
$ XXXXXXX
If describe
yes, under
DESCRIPTION OF OPERATIONS belay
L DISFASE - POUCY LIMIT
S XXXXXXX
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES /(Attach ACORD 101, Additional Remarks Schedule, if more space is required)
RR Exhibit B. The City of Fort Worth is lis ed as additional insured as their interest may appear where required by written contract.
CERTIFICATE HOLDER
CANCELLATION
11229860
City of Fort Worth
Attn: Dave Schroeder
1000 Throckmorton
Fort Worth TX 76102
1
ACORD 25 (2010/05)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
rarC)L4n
1988-2010 ACORD CORPORATION. All rights reserved
The ACORD name and logo are registered marks of ACORD
M&C Review Page 1 of 1
COUNCIL AGENDA
COUNCIL ACTION: Approved on 5/24/2011
Official site of the City of Fort Worth, Texas
FORT WORTIJ
DATE: 5/24/2011 REFERENCE C-24921 LOG NAME:06CARLYLE/CYPRESS W 7TH
NO.: ALLEY ENCROACHMENT
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize the Execution of an Encroachment Agreement with Carlyle/Cypress West 7th,
LP, for the Construction of a Parking Structure Over an Alley at 2853 Crockett Street, Fort
Worth, Texas (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a standard encroachment
agreement with Carlyle/Cypress West 7th, LP, for the construction of a parking structure over an alley at
2853 Crockett Street, Fort Worth, Texas.
DISCUSSION:
Carlyle/Cypress West 7th, LP, has requested use of the public right-of-way for the construction of a parking
structure at 2853 Crockett Street.
The Encroachment Committee, consisting of staff from the Transportation and Public Works Department,
Water Department and the Planning and Development Department has reviewed and approved this
encroachment request.
The fee for the privilege granted by this Agreement will be $575.00. The term of the Agreement will be 30
years.
The property is in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Planning and Development Department is
responsible for the collection and deposit of funds due to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421232 0062000 $575.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Dave Schroeder (2239)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15295&councildate=5/24/2011 05/25/2011