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HomeMy WebLinkAboutContract 43382ortil r? c n` i �/ (�C'M�)O LeaI I al Ili 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 Sandage Development Partners, LLC , acting herein by and through its duly authorized Manager, Steve King, hereinafter referred to as "Grantee", Owner of the property located at 2816, 2820,2824,2828 Sandage Avenue, Fort Worth, Texas ("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, 07-1 0-1 2 Al 0:21 IN 1 8FFIICIAL RECORD . ©IH`[ V SECRETARY L=»`t © NORTH, TX sidewalks and other public rights -of -way, such Improvement(s) are described as follows: Retaining wall encroachment upon front property line. 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 ofTwo Hundred Seventy FiveD011ars ($ 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 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 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, S UBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR S UCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL L IABILITY 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, S UBCONTRACTORS, 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 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 S IATIJ 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 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this au. �y�� , 20 12 . IRMA SAENZ Notary Public STATE OF TEXAS My Comm. Exp. Jan. 28, 2016 ° ▪ I to day of eue-tki) N otary Public in and for the � S tate of Texas STA (l= OF TEXAS COUNTY OI TARRANT BE -FORE ME, the undersigned authority, a Notary Public in and for the State of Toxas, on this day personally appeared Steve King known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that ho/she executed the same for the purposes and consideration therein expressed, as the act and deed of Sandaqe Development Partners , LLC and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this June , 20 12 . 1 I T F r. ANGELA MOORE Notary Public STATE OF TEXAS My Comm. Exp. July 13, 2013 Notary PuTc'i9 nd for the State of Texas day of 12 _ 444 :41,2414**, ;*4 Lena EA Masa&the Mao /MirIM .411Prn f1► JO4-4 Ay. PC LM+Cr lo• tt.n1.T..I A++r x;1 Lett V V. (Itk ASL''k 4/1 rust•• M•fi Aa'140. iW 104-4 fy. IM 1fn7 F Or North vw (Clot? At, tintreallsftsileel net SSW Ud Ibt .•W-A Po Jet meta • M-• --- F seF 100.00' t STONE RETAINING WALI� (TYPJ-' rl DETAIL C1 z •rr 1/ ar 011 5iRETAIL E/2 N.1•d• u • ., I. .ram n—.r---,r TV--r: MM S1 I it tlr III M—•*4 F Nolte . DETAIL S/2 lal�'-i• —• 's••a.— ■ •I lDis. livr•►•pr/ •• — :R Jl DETAIL 0/2 11•1'�' Jr F�F�•lM�b— "I MOW A s^ nIi�rl, 0 M Sdndffic tvcnuc NOtC5: 1. BASE FROM PLOT PLAN BY ROOKIE LAND SURVEYING. 7. JCE• INC. DOGS NOT PROVIDE OvII EN;INEEWNC OR SURVEYING SERVICES. I4cR17ONfA. AND VERTICAL CONTROL SHOULD OE PROVIDED 8Y OTHERS. PO5111vC DRAINAGE ML1S1 1*1 MAIM -AMC?) OOTH DURING AND AEIER CONSfkUC110N. 4. ALL CONS1R UCTION MUST COMPLY WITH LOCAL OUILDING CODE. R DETAIL A/2 10•P A! ., .. M'''T-t • genriw"-'irlr- I•.IA wN ztJ 0:1; fodt^^y Art P*34 Easj 4 ft Ver. �• F7' vr.O ON( CTrn•••• .• all. •:Of • rr. F.J,�.rL.e F N'4 0... r :• .•.••J•Yuw• : .•..•M"TareN �•: • •am•Y••w S. P•'w :SI•.• '•A-^.• •-♦h. I:•f •aao• .T DATE -( r. Pdl2,04Y7Y4?1,RP f If Exhibit A I —' A rf4rl :�► :••A• turf • •ffJ .•/ „r It 1., • •• ,. 11 /7.4J.•.1 =u123/2- :1 n. no Ct'II!LLD J /Dana i j 2e, 773, i\� car: 4' tr l.�r•PIJ. _iv! tI.c. RETAINING WALL PLAN LOTS so, BLOCK 14. f RISCO HEtQ.ITS A^CITnom FORT WORTH, TEXAS 4. • JORDAN CONSULTING ENGINEERS, INC. 7P • .wr.. •r••w -- .- 1-1 i.e.) Hun •.v.• 2 .20-12 ' ti Ip•r•I r• 1.• .1) 'lf.! 140 7704 1 .. 5 0' FACE STONE 2 FULLY MORTAR FACE STONE TO RUBBLE 4,4 NERT. 0 00- 00 FOR .OR -TARED STONE NUBBLE PLANNED PAR EXPANSION JOINT CAST t ntACE CONCeFrE rooms 314 LAX Pl LOPE IN 1KA1ntn:AISTING CUT SU ESTONE riLtcR FABRIC l ' REAR PROPERTY LINE H=4 0' to 8.0' a �2JN.L5. PL FULL" MORTAR rACE STONE TO RUBOtE No urn.T. 0 5O- CC. MORTARED STONE RUBBLE CAST IN PIACr CONCRETE roonNG 1/ARILO FRONT PROPERTY IINF H=60' FULLY MORTAR FACE STONE TO RUBBLE MORTARED STONE POOL PC C NGRETEFOOTING LAO TO RE PIER SUPP-CRIED 95% COMPACTED FILL P.L WAI} SCHEDULE erne t NORTH PROPERTY LINE N. Feb. FACE STONE FULLY MORTAR FACE SIUNL IU HUDDLE MORTARED STONE RURBtE EXISTING OR AT SUB de CUED Int °tol' I 1 .1 11 T 1F MIN 2CA MAX SOUTH PROPERTY TINE a 9512 COMPACTED FILL-/ 1I 0' IS MIN 20Z MAX 55% COMPACT -TO FILL- J SOLID CAP W/ - EXPANSION .InONT FACE STONE FULLY MIA IA FACE STONE TO RURRIE LAORTARED STONE RUDDL rC CAST IN PIM.F CONCRETE FOOLING 64 0 WAIL SCHEDUIE A, s..18L2rIF t no roa wor r;1 4 fr WOO WALK & DRIVE RETURNS CLAD TO HE PIER SUPPORIEo D OR PEA GRACE FIL c^Y. i anffee ' 45 SC - 13vN • 200. ace WXIN N ((Nay - /APO NI NFR t 1 fhe:t ioccfeob s of* upphcuble only for tma see end rntahad ho;5M (H) thole hvnrn 2PORARY SLOPE ebustle on sal type 4 L. As gaWNelms Ter Stabhly ec solely. TempamV elope® Ir COMPACTED DLL obeli b. conelraeted "tat" and Cut hod( le mend IMm come/tied ®errata 3 SUPCHL+CE LOADS - NONE n chorga le Lad the wmd boo ted greater Sion I sH oetence (rum retaining traps d, ain oe 6on during contraction to recommended by engr ineer el d Obserwuone or mode wily r to develop a saner& opinto° regarding In contractoson tf w ti mrnoMeee rni vendee aPoClhcaUona uv 5. Il anldhare thong® from These doocribed herein. the engineer sonde be noel ed Lmm dMNy m enerm6v the oIeN, A eq. on Cat retelAIL rnM Orion 6 Way den comp1on rile 2006 Intternotronel Glu.rdelg Code. Con,Wcton :hal Do In occodonca rntrtAO/ B-03 Ind Cxy twin MATERIALS I. NORMR - lope S' I .BOO Pei. STEEL - ARIA bl grade tlo CONCRcrr - 2.500 pel 0 t' !O ;' Lump F� r rink. w Tie2. all vlaal Y t6' Waring teRTNE and owner Slone shale Stoll be pattern lant Ineloco0 ,tone.b In c p save strength �05A00 Pa o d compacted Stone Look ho nosed even IoIF�AnnInl end leesort 4. NAIL - da I'XT-r grovel blanlet nun m 12 percent Timttsn T200 dose tv.r Pronto mti Urn• fabricr r/ min. 2 v2/ny night. PO Pda min , diameter step Niel 0 ID' mar, looping, 5. CAP Il inches mmlmam to 1/3 II moncom ll moot lne��c to (educerfletanel rupll. v@dpment and ma bode the! 'oil net pun ego roll' 6. CONTROL JOINTS Nov be prp.ged 0 20 moo s4oc.nq. /. Atl *Ls Prod be bedded In rum CDMPACILO GILL or ationtorbad Ncduo Sat to Inn min (mum deplh (0) root:Zed on Itle Won 9chedUe 4191a RETAINING WALL DETAILS LOTS 5 O. BLOCK 4, FRISCO I IEIOHTS ADDITION FORT WORTH.TEXAS JORDAN CONSULTING ENGINEERS, INC. 22-I 039 Ire 2.314 smtTxo { 2M2 Exhibit A SAVAN-2- OP ID: RH ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE 06/271112 �_ THIS CERTIFICATE IS ISSUED AS "A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIF ICATE HOLDER. THISayiyu -' CERTIFICATE.: DOES NOT AFFIRMATIVELY OR NEGATIVELY -AMEND, EXTEND: OR ALTER THE COVERAGE AFFORDED: BY THE POLICIES BELOW THIS CERTIFICATE :OF 1NSURANCE DOES. NOT CONSTITUTE A - CONTRACT BETWEEN THE ISSUING: INSURER{S), AUTHORIZED REPRESENTATIVE"OR>PRODUCERF:AND THE CERTIFICATE -HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the olicy(ies must. be endorsed. If-p j SUBROGATION IS WAIVED, subject to the tenns":And _conditions- Of the -policy, certain_ policies may require an endorsement., A"statenient-on this ertifieate :sloes not confer :rights to the ent{s certificate holder in -lieu -of such endorsem� PRODUCER Legacy Texas Insurance Services, Inc. - P.O. -Box 851018 Richardson, TX 75085-1018 Charlie Fletcher INSURED Sandage Development Partners tM iAt i 972 r4!l 330 NAME: PHONE 972-461-73 -: C Lo. Ext1: ADDRESS: FAX JA(C, No): INSURER(S) AFFORDING COVERAGE 'INSURER A• Mid COntlnent Casualty Company: INSURERB: INSURER C`c INSURERD-: - INSURERS: COVERAGES CERTIFICATE NUMBER:- REVISION NUMBER: THIS IS TOCERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOWHAVEBEEN 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- LIMITSSHOWNMAY HAVE -BEEN :REDUCED •BY PAID-CLAIMS- =1NSRK.UUL SUSK POLICY- EFF POLICYEXP- SF" ,R uryn P917T1g)UMBER7 „ ..,., ,,,, MMIDDIYWYI tMMIDD n..., TYPE O IN SURANCE RANCE , /'°.„ GENERAL LIABILOY EACH OCCURRENCE A X COMMERCIAL GENERAL LIABILITY "X Q4GL000841002 01/30/12 01/30/13 OAMAGESO RENTED= PREMISES (Ea-bccuri- ncei (.CLAIMS -MADE X 1 OCCUR GENL AGGREGATE LIMITAPPLIES PER: POLICY n T In LOC AUTOMOBILE LIABILITY A ANY.auro ALL OWNED SCHEDULED AUTOS AUTOS.. NON -OWNED X HIRED AUTOS A -AUTOS. UMBRELLA LIAR -EXCESS LIAR W O.RKERSCOMPENSATION -AND EMPLOYER$` LIABILITY ANYPROPRIETORPARTNERIEXECU lVE OFFICER/NEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OFOPERATIONS below OCCUR CLAIMS -MADE XIED EXP (Any one person) PERSONAL & ADV. INJURY GENERAL AGGREGATE PRODUCTS-COMP/OP ASS YIN NIA 04CA002787739. 01/30/12" C.ONSINEIJ SINGLE LIMI I (Ea accident) 01/30/13 BODILY INJURY (Per person.) BODILY INJURY -(Per accident) PROPERTY -DAMAGE (Per accidentl DESCRIPTION OF OPERATIONS (LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of _Fort` Worth is an -Additional Insured in respects to General, Liability as: required bywriten-contract. CERTIFICATE HOLDEt CANCELLATIO( City of Fort Worn! 311 W. 10th Street Fort Wtirtti, TX-761-02 1 ACQRD 25 (2010100. EAGH.oCCURRENCE AGRREGAATE LIMITS $ + jj j $ 1.. ORY STATU- I I ER EL EACH ACCIDENT I$ E.L..DISEASE=EA EMPLOYEE] E "L. DISEASE -*POLICY LIMIT 1 $ Exhibit B 1;000,o0C 1 003000t Excludes 1;000,00t3 2;000,00g 2,000;00tt 1;000;00r CITYF-6 - SHOULD ANYF THE -ABOVE DEScRIBED.POL(C_IES-BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,: NOTICE WILL; BE DELIVERED: IN` ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORI7FD REPRESENTATIVE ,a1al. P4 1988-2010ACORD CORPORATION. All rights_regerved, The"ACORD name and logo are registered marks:of:ACORD