HomeMy WebLinkAboutContract 43245 (2)ENCROACHMENT AGREEMENT
STATE OF TEXAS �
COUNTY OF TARRANT
COIMPACT RICgo
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 DRD Properties, acting herein by and through its duly
authorized Owner, Ronald D Drake, hereinafter referred to as "Grantee", Owner
of the property located at 1717 S Main Street ("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,
05 -21-1 2 A00 : 5 0 IN 1
OFFICIAL RECORD
CITY SECRETARY I
fl°'m WORTH,
sidewalks and other public rights -of -way, such Improvement(s) are described as
follows!
Private paving improvements, as outlined on attached exhibit
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
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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 of Five Hundred Seventy Five Dollars
($575.00).
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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.
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.
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11.
Grantee agrees to comply fully with all applicable federal, state and local
Taws, 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 DA.ra-=E OR LGSS
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
7
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
ATTEST:
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ttcsei- City Secretary
City
City of Fort Worth
By: (i/
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Randle{ {arvvoo (DRD Properties) by
Director
Planning and Development
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g a proved As To Form And Legality
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Assistant City Attorney
E)CECU I ED this 27th day of April, 2012.
Grantee (Ronald Drake)
d/b/a (DRD Properties)
OFFICIAL RECORD
CITY SEC!OITRY
O MM.; I3Q ntro
10
FT. WeRtiriliii,
STATE OF TEXAS
COUNTY OF TARRAN T
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Randle wood, 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
, 20
llIIli Il •
IRMA SAENZ
Notary Public
STATE OF TEXAS
My Comm
Exp. Jan. 26, 2016 3
•
day of
a au_ ca?t,
Notary Public in and for the U
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 Ronald D Drake, 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 DRD
Properties, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
, 20
NOTARY PUBLIC
STATE OF TEXAS
MY COMM. EXP. 12-31.2a12
clay of
Notary Public in and for the
State of Texas
12
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Grant Engirtering
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3244 Hemphill
Engineers Surveyors Planners
Fort Worth, Texas 761 1 O 817-923-3131 Voice 817-923-4141 Fax
Legal Description
Lots 5 and 6, Block 2, SAINT HELENA ADDITION to the City of' Fort Worth,
Tarrant County, Texas, according to plat recorded in Volume 63, Page 56, Deed
Records of Tarrant County, Texas; SAVE AND EXCEPT that portion conveyed
to the City of Fort Worth by deed recorded in Volume 5780, Page 872, Deed
Records, Tarrant County, Texas.
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Street Address
1717 South Main Street
Fort Worth, Texas 76110
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101 ALLEY
LOT 7
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SCALE: 1" = 30'
In
EArbt1/2 B
II 11A III.9TY INSURANCE
DATE (MM/DDIYYYY)
05/02/2010
CORD C E RTflIh UC�r�`LII�
CTATE FARM
PRO ' UCE
UGAN, 3752
AVIS BLVD
TWORTH, TX 76180
J
INSURED
DRAKE, DIXIE LEE a RONALD
DBA DRD PROPERTY
1717 S MAIN ST
FORT WORT, TX 76110
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.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSR ADD'L'
LTR INSRR TYPE OF INSURANCE
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT X LOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
ANY AUTO
EXCESS/UMBRELLA LIABILITY
OCCUR
CLAIMS MADE
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
OTHER
POLICY NUMBER
9313BU-B358-0
INSURERS AFFORDING COVERAGE
INSURER A: State Farm Lloyds 43419
INSURER B:
INSURER C:
INSURER D:
INSURER E:
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DD/YYl DATE (MM/DD/YYl
06-21=2010 06-21=2012
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
GENERAL OFFICE BUILDING
CERTIFICATE HOLDER INCLUDED AS ADDITIONAL INSURED
CERTIFICATE HOLDER
THE CITY OF FORT WORTH
DEPARTMENT OF DEVELOPMENT
ATTN: DAVID SCHROEDER, PLANNER
1000 THROCKMORTON STREET
FORT WORTH, TX 76102
LIMITS
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurencel
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
AUTO ONLY - EA ACCIDENT
OTHER THAN
AUTO ONLY:
EACH OCCURRENCE
AGGREGATE
EA ACC
AGG
TOWCRYSTALIMITSTU- I I OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
NAIC #
25178
1,000,000.00
5,000.00
1,000,000.00
2,000,000.00
1,000,000.00
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
BOB DUGAN, 3752
ACORD 25 (2001/08)
ACORD CORPORATION 1988