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HomeMy WebLinkAboutContract 45735CITV SECRETARY CONTRACT No. J&7 3 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 Richard & Chandra Riccetti, acting herein by and through its duly authorized owners hereinafter referred to as "Licensee", Owner of the property located at 2100 Hemphill Street which encompasses addresses 715 Hawthorne Ave. and 801 Hawthorne Ave. ("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: Two 18-22' gates crossing the Travis Ave. alley at the 2100 block between Hawthorne Ave. at the north end and Lilac Street at the south 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 comp i 't this c c ,, mmi 2012 ROW Encroachment Agreement -Commercial iniefalat j 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 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 2012 ROW Encroachment Agreement -Commercial Page 2 of 14 improvements installed by Licensee or its successors, but City will make reasonable efforts to minimize such damage 6. Licensee agrees to pay to City at the time this Agreement is executed a fee in the sum of zero Dollars ($0.00) to pay necessary fees to record this Agreement in its entirety in the deed records of Tarrant County (fee waived in accordance with NEZ Tax Abatement Policy (M&C G-17133). 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 totaling $672.00 for the entire teitn of the Agreement Licensee shall pay the total amount of $672.00 at the execution of this Agreement. 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. 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 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 14 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. 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 14 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 14 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 14 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. EXECUTED this day of qt,i v , 20/ 2012 ROW Encroachment Agreement -Commercial Page 7 of 14 City City of Fort Worth By: Ramie Harwoo Director Planning and Development ATTEST: Licensee Richard & Chandra Riccetti By: Name: Richard Riccetti_ Title: Owner BY: (11 444aut Ateve,t, Name: Chandra Riccetti Title: Owner Approved As To Form and Legality 1 sistant City Attorney 201 2 ROW Encroachment Agreement -Commercial ©1,11 _:[4AL f;h[ ©010i) Page 8of 14 STATE OF XAS COUNTY OF TAItRANT s BEFORE ME, the undersigned authority, on this day4 , a Notai yr Public in Personally appeared and for the State of Texas, Randle Harwood, whose name is subscribed d' known to me t bed to the fore to be the person going instrument �v��ose executed the same ,and acknov��ed�-ed for the purposes �' to me that he/ p s and considerate he/she deed of the �� on therein ex t3' °f Fort Worth, preSSed, as the a ' and in the capacity act and � y therein stated. --}ricit TINDER 0 SEAT, OF OFFICE thi CASSANDRA F. FOREMAN Notary Public, State of Texas My Commission Expires April 26, 2017 2012 ROW Encroachment Agreement -Commercial Notary Public i,n and for the State of Texas Page 9 of 14 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 Richard Riccetti and Chandra Riccetti, 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 2100 Hemphill Street & 801 Hawthorne Ave., and in the capacity therein stated. GIVEN UNDER MY HAND AND SFAL OF OFFICE this 2,21thday of j ,20tit . a LUZ EMILIA TREJO My Commission Expires December 1, 2016 1 Notary Public State of Texas • and for the 2012 ROW Encroachment Agreement -Commercial Page 10 of 14 Exhibit "A" Area of encroachment: Two 20-22' gates crossing the Travis Ave. alley at the 2100 block. (Highlighted in yellow) ( 60 R/W ) HAWTHORNE AVENUE D EAST POINT OF 20.00' BEG(NNMNG PhD. WEST" � 227.00' 6 E3 O 0 LOTA LOTA I— 0 0 z to BLOCK E5 BLOCK F6 '%+'EST 20.00' POWEL L'S SU B DIVISION V O I. U U E 63. PAGE 2 4 LOT E FENCE POST' CO r to dw to -J (1) LOT D J[ r 1-- 0 0 N WEST 54.00' LI LAC STREET ( 60' R/W ) LOT D i i f Ptt `it ¶.OBNAa4NTffl3) A 41 sll aa, SUR`js;- November 25, 2013 SCALE: 1" = 30' Grant Engineering, Inc. S244 Jt a 2 i straz ?at Wo , Tau 741104014 1117 9 nt 2012 ROW Encroachment Agreement -Commercial Page 11 of 14 2012 ROW Encroachment Agreement -Commercial Exhibit "A" Gate will be constructed of iron pickets opening out (southward) dueto alley grading - Drive in pocket wi I I be 19'10" from Hawthorne Ave. (street). 8.0 d - • POINT OF 15 21.00 block of Travis Alley We.- *4; TRACT 1• u .+ Z • .we.'•�M A fN�7 "or ' 7 »� Pedestriangate 0 area of encro,ach en r.. ' M Iltl 'a a ��� w 'arc •. �'• w . R� ur r t d Yy'1 •L ., i rid owe y it1YL rl� irkCiStaThCe '.i �a rr ai[d1 " . •'r. 4. f Vs, Aro 1.014 ' 3N CCL • �i r,44 [pocket) =la $" tight middle of grate —0 .44 �I,aoo ae arta �3Pa : r.� �t kCaJd36142 1l1.4�f2 i 0 The distance between the two cable Lay poles is now only 18'10' Y " « ..ca' 4 111. �_ • •1 1 • r Kayaw O.� &demos! arm ;,,,+ • _4 • . CD 0 1-1 CD §3" CD rr-r 0 I-� 00 N 'ice N M 0 O • cZ V `K • J CD t 53 0.1 VJr CD CD �1 N O O ^Q l x „v„ 3!q!q L 2012 ROW Encroachment Agreement -Commercial Exhibit "A" 2100 blockofTravis Alley (South) 201 area of encroachment Custom made "L shape cedargate _ The height is 6' cedar gate built on existing metal gatefrarne (photo below). M e gate will be "Ln shape in order to swing unobstructed into cur existing park;ng lot 5' soK MCC 50.00' Doublefaced cedar plank on steal gate frame_ 1• Q - •'1 Y,1 JC q • 101) .110I IV'sr T "w '• •1 4. a*, 4.1 i1 r •1 . ems, ;• IC S ' ► 4 u S. _4_kra uk let° rt. i. • .•... •b,r• 413 r FENCE POST AT CORNER A. r41• •• ai r, ACcn CERTIFICATE OF LIABILITY INSURANCE 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 poticy(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 Higginbotham Insurance Agency, Inc. 500 W. 13th Street Fort Worth TX 76102 INSURED Bastion Restaurants, Inc. Richard & Chandra Riccetb 2204 Lipscomb Street Fort Worth TX 76110 EXHIBIT "B CONTACT MAE PHONNE EA(c. No E>np817-349-2234 so�DRFss:ksh odenfahiooinbotham-net DATE (MY.JODIYYYY) 3/19/2014 FAX uoi817-347-6981 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:Northfeld Insuranc_e�panv 27987 BASTI INSURER 8: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1507567999 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 CONDRION 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 SHOVMN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AUUL SUER POLICY EFF j POLICY EXP LIMITS LTR IHSR �1WD POLICY NUMBER IhtMEDIYYYY' fMMIDDIYYYYI A GENERALLIABRUIY NH193780 115(2013 (15(201A I EACH OCCURRENCE 51,000,000 X , ( DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY • ( PREMISES (Ea occurrence) $100,000 CLAIMS -MADE IX OCCUR I MED EXP(Arr; ane person) 55.000 X 250 1 PERSONAL & ADM INJURY $1,'UJ0,000 GENERAL. AGGREGATE 52,000,000 PRODUCTS-COMP/OPAGG $21000,000 GEWL AGGREGATE LIMIT APPLIES PER POLICY IP(7TT ` . LOC AUTOMOBILE LIABILITY ANY AUTO ALL O'ATIED AUTOS HIRED AUTOS UMBRELLA LIAR EXCESS LIAB OEO I I RETUIUON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / t ANY PROPRIETOR,PARTNEWEXECUTIVE OFFICERMEMBER EXCLUDED? (Mandatary In NH) If yes, discnbe under DESCRIPTION OF OPERATIONS MbYW SCHEDUI Fn AUTOS ItOIC-OWNED AUTOS OCCUR CLAIMS -MADE N IA 5 cots BINtts Sit`GLE Lit II tEa acdderil 5 BODILY INJURY (Per person) 5 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ _LPeracndent) S EACH OCCURRENCE IS AGGREGATE $ {Ivan! 10AH- EL EACH ACCIDENT 5 EL DISEASE- EA EMPLOYEES S EL DISEASE -POLICY LIMIT S DESCRIPTION OF OPERATIONS f LOCATIONSIVEHICLES (Attach ACORD 101. Additional Remarks Schedule, If more space Is required) 2100 Hemphill, Fort Worth, TX 76110 2104 Hemphill, Fort Worth, TX 76110 2110 Hemphill, Fort Worth, TX 76110 801 Hawthorne, Fort Worth, TX 76110 CERTIFICATE HOLDER City of Fort Worth 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 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 2012 ROW Encroachment Agreement -Commercial Page 14 of 14