HomeMy WebLinkAboutContract 45604CITY SECRET4LJW
RIGHT OF WAY CONTRAcr m
ENCROACHMENT AGREEMENT
(COMMERCIAL)
ipoq
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 City Manager or its duly authorized Assistant City Manager or
Planning and Development Department Director, hereinafter referred to as the "City", and
MR & RW, LLC , acting herein by and through its duly authorized Mark Richardson,
Director hereinafter referred to as "Licensee", Owner of the property located at 3051
South University, Fort Worth, Texas 76109 ("Property").
AGREEMENT
1.
For and in consideration of the payment by Licensee of the fee set out below and
the true and faithful performance of the mutual covenants herein contained, City hereby
grants to Licensee 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:
Awning that extends into public ROW
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
RECEIVED P44Y 138.2014
2012 ROW Encroachment Agreement -Commercial
\k OFFICIAL RECORD
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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 .,Licensee of responsibility
and liability for concept, design and computation in preparation ofsuch plans and
specifications.
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.
Licensee, 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, Licensee 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, Licensee understands and agrees
that City shall bear no responsibility or liability for damage or disruption of
improvements installed by Licensee or its successors, but City will make reasonable
efforts to minimize such damage.
2012 ROW Encroachment Agreement -Commercial Page 2 of 10
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,'- Licensee agrees to pay to
City at the time this Agreement is requested an application fee in the sum of Two
Hundred and Seventy Five Dollars ($275.00). Upon execution of this Agreement and
annually thereafter Licensee agrees to pay a fee in the amount of $.56 per square/linear
foot of the encroachment area.
7.
The term of this Agreement shall be for thirty (30) years, commencing on the date
this Agreement is executed by the City of Fort Worth. Provided however, this Agreement
shall terminate upon the non-compliance of any of the teinis of this Agreement by the
Licensee. City shall notify Licensee of the non-compliance and if, not cured within thirty
days this Agreement shall be deemed terminated.
8.
Upon termination of this Agreement, Licensee 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
Licensee that if this Agreement terminates and Licensee e fails to remove the
Improvement, Owner hereby gives City permission to remoyethe 'Improvement and any
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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
2012 ROW Encroachment Agreement -Commercial Page 3 of 10
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 teiin hereof determine in its sole discretion to use or cause or peiuiit 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.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of peutltitting Licensee to construct, maintain and locate the Improvements over or within
the described public right of way and is not a conveyance of any `right, title or interest in
or to the public right of way nor is it meant to convey any right dtouse or, occupy property
in which a third party may have an interest. Licensee agreesthat it will obtain all
necessary pellnission before occupying such property.
11.
Licensee 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.
Licensee agrees to pay promptly when due all fees; t4xes: or rentals provided for
by this Agreement or by any federal, state or local statute, law or regulation:
13.
Licensee 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,
2012 ROW Encroachment Agreement -Commercial Page 4 of 10
servant or employee of City and Licensee 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 Licensee, its officers, agents,
servants, employees, contractors and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
14.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND , DEFEND CITY, ITS
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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
LICENSEE HEREBY ASSUMES ALL LIABILITY AND; RESSPONSIBILITY FOR
SUCH CLAIMS OR SUITS. LICENSEE 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
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR
TRESPASSERS.
2012 ROW Encroachment Agreement -Commercial
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15.
While this Agreement is in effect, Licensee 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 followings
$1,000,000 Commercial General Liability
with the understanding of and agreement by Licensee that such,insurance amounts shall
be revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee 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". Licensee agrees to submit
a similar Certificate of Insurance annually to City on the anniversary date of the
execution of this Agreement.
Licensee agrees, binds and obligates itself, its successors and assigns to maintain
and keep in force such public liability insurance at all times during the teen of this
SI :In
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
Licensees' contractors.
16.
Licensee 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.
2012 ROW Encroachment Agreement -Commercial Page 6 of 10
17.
In any action brought by the City for the enforcement of the obligations of
Licensee, City shall be entitled to recover interest and reason able:attorney's fees.
18.
Licensee 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.
AND
,
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.
EXECUTED this aday of
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2012 ROW Encroachment Agreement -Commercial Page 7 of 10
City
City of Fort Worth
By:
Randle Harwood
Director
Planning and Development
ATTEST:
City Secr- tart'
2012 ROW Encroachment Agreement -Commercial
Licesee
M1WW, LLC
By:
Name:Mark Richardson
Title:Director
Approved As To Form and Legality
Assistant City Attorney
r i-`'. ,1
FFICIAL RECORD .
airy SECRETARY
FT, WORTf9 112
_ _ Page 8 of 10
STATE OF TEXAS
COUNTY OF TARRANT
BEFO ME, the undersigned signed authority, a Notar Pub
on this day erso � lic in and for the State of
p na11y appeared Randl Texas,
e Harwood, known to me to be the person whose
the foregoing instrument,
name is subscribed to
executed nt, and acknowledged
the same for the o g to me that he/she
purposes and consideration
therein
deed of the Cityn expressed a of Fort worth and � s the act and
in the capacity therein
stated.
MIVEN
ER MY
20
SEAL OF OFFI
CASSANDRA F, FOREMAN
Notary Public, State Of Texas
My Commission Expires
April26 2017
2012 ROW Encroachment Agreement Bement -Commercial
this
Notary Public in and for the
State of Texas
t
day of
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Page 9of10
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, y, a Notary Public in and for the State of
Texas, on this day personallyappeared Mark
pp Richardson, Director , known to me to be
the person whose name is subscribed to •
the foregoing instrument, and acknowledge
d to
me that he/she executed the same for the u
p rposes and consideration therein expressed, as
the act and deed of MRRW, LLC, and in
the capacity therein stated.
GIVEN UNDER MY
20
AND SEAL OF OFFICE thi`Ss*
day of
1
if
1
Tee% :Z. 4is • r
CASSANDRA F. FOREMAN
Notary Public, State of Texas
My Commission Expires
April 26, 2017
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2012 ROW Encroachment Agreement -Commercial
Notary Public in and for the
State of Texas
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Page 10 of 10
PARTS LIST
ITEM PART NUMBER
1 3/8"x3x3x5 1/2" Corner Angle
2 1/2"x2" SS Bolt w/Nuts/Lock washer
3 5/8"x3" SS Hex Bolt w/Nuts/Lock washer
4 1/2"x2 SS Hex Head Bolt
5 1/2" SS Hex Head Nut
6 1/2"x4x6 T-Plate
7 3/8"xl SS Hex Head Nut
8 3/8"xl SS Hex Head Bolt
9 1/2"x4x6 T-Angle
10 1/2" Lag Screw
11 1 1/2"x Sch. 40 Pipe
12 Left Channel (.210x6" Ext. channel)
13 Right Channel (.210x6" Ext. channel)
14 Front Channel -A
15 Rear Channel -A
16 Alum. Louver Blade -A
ROOF COLOR SELECTION
CUSTOMER TO PPOvIDE
Clear Anodized
FRAME COLOR SECTION
CUSTOMER TO PROVIDE
Clear Anodized
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Date:10/18/2013
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-INPRo FABRICATION RELEASE BOX -
THESE SET OF DRAWINGS PROVIDED HAVE BEEN BASED OFF
THE AGREED CONTRACT INFORMATION. ALL MATERIAL WILL BE
PURCHASED AND FABRICATED WHEN WE ARE RELEASED UPON
YOUR APPROVAL ON THESE SET OF DRAWINGS.
INPRO FABRICATION
4200 LUBBOCK AVE.
FORT WORTH, TX 76115
(817)-926-5050
WWW.INPROLTD.COM
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GLOBAL RESTAURANT GROUP
Pizza Snob
Fort Worth, TX 76109
Shop: 10/18/2013
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THESE SET OF DRAWINGS PROVIDED HAVE BEEN BASED OFF
THE AGREED CONTRACT INFORMATION. ALL MATERIAL WILL BE
PURCHASED AND FABRICATED WHEN WE ARE RELEASED UPON
YOUR APPROVAL ON THESE SET OF DRAWINGS.
INPRO FABRICATION
4200 LUBBOCK AVE.
FORT WORTH, TX 76115
(817)-926-5050
WWW.INPROLTD.COM
November 13, 2013
Builder: InPro Fabrication
Address: 3051 South University
Fort Worth, TX
Ref.: Proposed Awning
Dear Sirs,
P-delta Engineering and Materials, LLC
Ability + Integrity = Quality
222 West Las Colinas Blvd.
Suite 1650 East Tower
Irving, TX 75039
Texas Firm Registration Number: 14814
Based on an installation drawing and verbal clarifications of the subject structure's construction, it is our
understanding that window awnings are proposed to be added to the subject building.
The awning is fabricated from a 6" channel frame with aluminum louver blades. The assembly will be
suspended from the structure with 1-1/2" dia. tension struts fabricated from standard pipe.
It is our understanding the awning will be attached to the structure via 9" long anchor bolts that will be drilled
through the CMU block walls. Washers and nuts are proposed to secure the structure on the inside of the
wall.
It is our opinion that the proposed awning may be added to the existing structure without reducing the
structural integrity of the building No additional reinforcement to the CMU block is necessary, however we do
recommend that the anchor bolts be through bolted to a 3/8" thick steel backing plate on the inside of the
CMU wall. The plate will help distribute the load from the (4) bolts to the wall without stress risers.
With this condition fulfilled, the performance of the existing structure will not be adversely affected.
We appreciate the opportunity to be of service to you, our clients, and the public.
Sincerely,
/Robe . Kramm, PE
P-delta Engineering
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o ROBERT
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EDWARD KRAMM�
89360 ,:Ai
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Office: (214) 496-0575 www.pdelta.net
Fax: (214) 496-0577
Client#: 90927 18MRRW
ACORDTm CERTIFICATE OF LIABILITY INSURANCE
IN TYPE OF INSURANCE
A GENERAL LIABILITY
IDATE (MM/DD/YYYY)
03/13/2014
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 POLICIES
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
Wortham Insurance & Risk Mgmt.
1600 West Seventh Street
Fort Worth, TX 76102-2505
817 336-3030
INSURED
MR & RW, LLC
5209 Rancho Verde Pkwy
Crowley, TX 76036
CONTACT
NAME:
PHONE 817 336-3030
WC, No, FAH:
E-MAIL
ADDRESS:
(NC. No): 817-336 8257
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A: Mesa Underwriters Specialty Ins
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
36838
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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.
ADDL SUBR POLICY EFF POLICY EXP
INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY)
MP0042002001007 04/17/2013 04/17/201 EACH OCCURRENCE
LIMITS
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED
PREMISES (Ea occurrence)
X
CLAIMS -MADE
BI/PD Ded: 250
X
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY I I JECT I X I LOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
UMBRELLA LIAB
EXCESS LIAB
SCHEDULED
AUTOS
NON -OWNED
AUTOS
OCCUR
CLAIMS -MADE
_ DED I I RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
$1,000,000
$100,000
$ 5 000
$1 000,000
$2 000,000
$ Included
$
COMBINED SINGLE LIMIT
(Ea accident) $
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
(Per accident)
EACH OCCURRENCE
AGGREGATE
STATU-
TORYI WC LIMITS I I EERH
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
RE: 3051-3053 S University Dr, Fort Worth, TX
CERTIFICATE HOLDER
City of Fort Worth Dept. of
Development
ATT. David Schroeder, Planner
1000 Throckmorton St.
Fort Worth, TX 76102
CANCELLATION
$
$
$
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
EXHIBIT B
ACORD 25 (2010/05) 1 of 1
#S443883/M432109
1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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