Loading...
HomeMy WebLinkAboutContract 45445 (2)CITY SECRET!ssygnCOMTRdCT NO. RIGHT OF WAY ENCROACHMENT AGREEMENT (COMMERCIAL) 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 CW TOO Realty, a Texas limited liability company, acting by and through Frank Kent Motor Company, a Texas corporation, its Sole Member , acting herein by and through its duly authorized William P. Churchill, its President hereinafter referred to as "Licensee", Owner of the property located at 1101 W Magnolia Fort Worth TX 76104 ("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: New steel awning equaling 88 sqft over the 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 i OFFICIML RECORD ©ITYSECRETARY 2012 ROW Encroachment Agreement-Comrier , :;� WORTH, TX RECEIVED MAR 24 2014 Page 1 of 10 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 Licensee of responsibility and liability for concept, design and computation in preparation of such 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 heremabove 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 2012 ROW Encroachment Agreement -Commercial Page 2 of 10 improvements installed by Licensee 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, 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 terms 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. S. 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 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. 2012 ROW Encroachment Agreement -Commercial Page 3 of 10 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 hmited 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 permitting 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 to use or occupy property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permission 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, taxes or rentals provided for by this Agreement or by any federal, state or local statute, law or regulation. 13. 2012 ROW Encroachment Agreement -Commercial Page 4 of 10 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, 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 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 RESPONSIBILITY 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, 2012 ROW Encroachment Agreement -Commercial Page 5 of 10 CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 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 following: $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 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 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 2012 ROW Encroachment Agreement -Commercial Page 6 of 10 recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas. 17. In any action brought by the City for the enforcement of the obligations of Licensee, City shall be entitled to recover interest and reasonable 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 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. A c EXECUTED this 2 � day of ,2 2012 ROW Encroachment Agreement -Commercial Page 7 of 10 City City of Fort Worth By: Randle Harwood Director Planning and Development ATTEST: / V City Secret/ar� Licensee CW TOO Realty, LLC By : Frank Kent Motor Company Its Sole Member BY:rbJu CO Name William P. Churchill Title: President Approved As To Form and Legality Assistant City Attorney NO 1r .- r UFpICIALRECORD ©ITY SECRETARY'; Fri: WORTh, TX 2012 ROW Encroachment Agreement -Commercial t Page 8 of 10 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notar Publi on this da �' C1nandfortheStateof�'e y personai�y appeared Randle xas, Garwood, known to me be the person whose name is subscribed to the foregoing instrument, and acknowledged to m executed the same for the pu�• e that he/she poses and consideration therein expressed, as the act and deed of the City rt Worth, and in the capacity therein state d. i VEN DER AND AND SEAL OF OFFICE thls,'--x fir" da 2_ y of 0 CASSANDRA F. FOREMAN Notary Public, State of Texas My Comnmisslon Expires Aptil 26, 2011 2012 ROW Encroachment Agreement g Went -Cornrnerclal • Notary Public in and for the State of Texas Page 9 of 10 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 Will Churchill, President, 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 CW TOO Realty, LLC, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /8day of 1 &X4L , 20/// . L Deborah Kay Callas Commission Expires 1 1-09-15 Notary Public in and for the State of Texas 2012 ROW Encroachment Agreement -Commercial Page 10 of 10 KENT AND CO. 1101 W. MAGNOLIA FORT WORTH, TEXAS 76104 EXHIBIT A r SOUTH ELEVATION .� INDICATES el PARAPET 1 m m 0J0I0J0J0 0)r0100 MUMUM E� n rn n OGUO Ea' FalE3 tra':ta Era cal PlEa URR IE i ONCE VOTER O WALL rwiTcyGRIII 0 1110 or ok I0I0 STEEL RANG 1 HIGH W/ IWON 0 TALFpD DOOftUN. HT. 3E' EASTELEVATION PATIO SCALE : I% NORTH ELEVATION MALE : 1/4 - 1-0 OJOII 1101010 0,1 0 Al 0 0 REFE�STRRUCCTULW. FOR DETAILS PANT CRP MIL CHIMNEY t FWE —M111 P1100 4 s. W aSLATFRIE ALUMINUM curmt-✓ KWIAR F1M94pC llE AVAINUY DOYRISPOUE KYPROFILE N R DF@ISIT OLAOC STEEL CANOPY-P1100 REFER SIRUCRRAL FOR OETAOS UUMMt Ei E3 E.3 E3 AridEraJ r ra Ea Cara 1.74 07 O FIREPLACE ter rYtpfO WAIL 114V//.1. 4411 /1 I 1'" m STEEL COLUW REFER STRUCTURAL-Pn00 l • z DOOM REF. DOOR SpTD. FRAME PMOD F-1 %HERS i, STEL IAMMO REF. STRUMUAL aS1—MUTT-GAZED L-M10E S . rwaO COLS. @SII? TE, MOLL ERSITHO TH — ND(000R P1100 M111 - P1100 r��Fran Sp!®1 -RPa� —STEEL CANOPY-Pnao I( DETAILS PSSTRUCTURAL POR DETA P�ANF�ESiR 000ft, OH BARN REFER DOCK SGFDUE HELL EaS1NG tWDoW-M107 PaOO RSWaaa«N BAIEI REFER DO* SCHEDULE 2 EAST ELEVATION - BUILDING SCALE : 1/4' - 1*-0' 1 BRICK .7Gc TO OF LET. REFER AZOc —Sim_ COLUMN -P1100 ;env' REFER SIIEUCiURAI. iSTEEL REFER ��� 0i LCUSIW L%� �1TlE-yy C I OOSIMIO BPodc an® NEW OVERHEAD DOOR SET MD NEW OPPENNG--- FFRARIC PPno0 Y106 ilER STEEL COLUMN -PT100 REFER STRUCTURAL. �pBEA11 REFER SSFTRUCTURALII MD1G7F� L FtASINO k IIl1f- FREIIO RPIIXC 1FRMINANCN OF r I DISUN: BRICK ' all ,x nine dal .:rnirr1 WOE WALL sow W/ DATE:PROJECTND.: 1324 Low By 6RlFRS DATE: 12/23/2013 DRAWN SY: SGIEW SCALE: AS NOTED SOFT: SIFF11. NIE P11000 WOE ACTORY —NEW BUTT -GLAZED DOOR RAM PT100 RANDOM SYSTEM SET INTO 107 • WALL aAYEa FRPT100 FrolgeraSAL W/ 1000 3 REVISIONS: EXTERIOR ELEVATIONS W o 0 W Q N- Q SOH O0E- `es 2 z55. 111 o CL r r LL 4, A200 r SITE PLAN s 1 STORY BUILDING 3 STORY BUILDING SIDEWALK CONC mama LAMPT m Dmio TKtFEk WELL d t \\ a)1* \� z d� " \ -N I \\\ -...... L �Ztlin.. NFW c(WFNrn WAI KWAY W. MAGNOLIA AVE --O. ao'-o• tow. CaNC PARKING DOSING SIDEWALK N90 We too.0t r(23 oaSIHG TREE vats 12i 3ZfCOSTING ms 1,2,L AIIP POST / / NFW AWNIND EXISTING 1 STORY BRICK BUILDING -J T LOT DISO N° IANDSGWE tMONO RETAINING WALL k CHAN LAIC FENCE DIISRNO RETAINING WALL k ROOD PENCE I I Milli! II / / / / / 1 Ea JjfW COVFRFD PATIO `yW b I saw CONC DRIVE /49 c t a 1 STORY BUILDING 111111. ..4.. ••• PROJECT NO.: 1324 DATE: 12/23/2013 DRAWN BY: SGIEW SCALE: AS NOTED SOFT: REVISIONS: SITE PLAN -----aill ® o CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/13/2014 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 CON I NAME Tina Tina LaVallev Willis of Texas, Inc PHONE Ip/c No1210-979-7474 (A/C. No. Extl 210-979-7470 1826 North Loop 1604 West E-MAIL Suite 375 ADDRESS:tina.IaVaIIeV@wlllis.com San Antonio TX 78248 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Wausau Underwriters Insurance 26042 INSURED INSURER B:Federal Insurance Company 20281 INSURER C :Liberty Mutual Fire Insurance 23035 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1446504447 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. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD I POLICY NUMBER /MM/DDIVYYYI IMM/DD/YYYYI C GENERAL LIABILITY TB2-Z91-506843-074 1/1/2014 1/1/2015 Frank Kent Motor Company 3500 W Loop 820 S Fort Worth TX 76116 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: I POLICY I .PRO I.T I LOC A AUTOMOBILE LIABILITY X ANY AUTO — ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS l__i AUTOS X B X c Garagekeeper UMBRELLA LIAB EXCESS LIAB DED I RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Commercial Property Special Form Including Theft OCCUR CLAIMS -MADE YIN NIA A22-Z91-506843-064 79877965 YU2-Z91-506843-084 1/1/2014 1/1/2015 1/1/2014 1/1/2015 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE $1,000,000 $100,000 $5,000 $1,000,000 $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 IUUMBINLU SINGLL LIMI I (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $1,000,000 EACH OCCURRENCE $10,000,000 AGGREGATE $ $ TORY IMITS I IOER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ 1/1/2014 1/1/2015 Blanket Building Blanket Contents Business Income DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RM1102 03-09 - Schedule of Mortgagee Holders and Loss Payees CA 20 48 02 99 - Garage Liability - Designated Insured Attached: Texas Insurance Certificate Letter Named Insured Schedule Statement of Values CERTIFICATE HOLDER City of Ft. Worth 1000 Throckmorton St. Ft. Worth TX 76102 ACORD 25 (2010/05) CANCELLATION $31, 508,250 $12,947,900 $13,710,790 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 1988-2010 ACORD CORPORATION. All riahts reserved. The ACORD name and logo are registered marks of ACOF EXHIBIT B