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HomeMy WebLinkAboutContract 44445 (2)� ; '. � � ,; . _ . . _ RIGHT OF WAY ENCROACHMENT AGREEMENT (COddMERC1ALJ THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a municipal coiporation of Tarrant County, Texas, acting herein by and tluough 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 JDFIU Hogan Building, LLC, acting herein by and through its duly authorized JDFIU Hoga�a Building, LLC, Construction Manager hereinafter referred to as "Licensee", Owner of the propet-ty located at 901 Houston Street, Fort Wort{z, TX 76102 ("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: The existing above grade walls are directly on the property line. 1. New roof canopies at the north and west extend 5' horizontally from the above grade walls thus encroaching into the right of way. (543 sf) 2. An existing door at the north is to be removed and replaced with a new door that will swing into the ROW. (The area for this encroachment is included in the area for the canopies) 3. The enclosing walls of the basement are below the sidewalk and are approximately 10.5' into the ROW. A new transformer vault is to be located in the basement with access though new openings in the sidewalk. (47 sf) 4. An existing service ramp is to be removed and replaced with a new service ramp within the alley ROW. (120 SF) See attached Exhibit for plans, elevations and 2012 ROW Encroachment Agreement -Commercial bing encro�chments. ���O�Vt��'� i�U�;f��l��a��L�) a ��� rx i_ j �. � '� FS �' t X� � 1�. . . , , ; . 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 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 constiuction, maintenance or existence of such encroachment and use, Licensee shall pay to City an additional amount equal to such 2012 ROW Encroachment Agreement -Commercial 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. 6. In order to defi�ay all costs of inspection and supeivision 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. : 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 2012 ROW Encroachment Agreement -Commercial 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. 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 pal�ty may have an interest. Licensee agrees that it will obtain all necessary permission before occupying such property. 2012 ROW Encroachment Agreement -Commercial 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. 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 INJiTRY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HIND 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 2012 ROW Encroachment Agreement -Commercial 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, 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 insuz•ance 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. 2012 ROW Encroachment Agreement -Commercial 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 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. 2012 ROW Encroachment Agreement -Commercial � EXECUTED this��day of ,/1���< � , E � 20� � 2012 ROW Encroachment Agreement -Commercial City City of Fort Worth By: RANDLE HARWOOD DIRECTOR PLANNING & DEVELOPMENT ATTEST: --� Licensee JDFIU Hogan Building, LLC By: Name: �;�%�c�.v� � � if�'-� Title: � M �� 1�� ��`�`�'� Approved As To Form and Legality n � - �rn� �.��,�- Assistant City Attorney 80 `�aY 6�N4Ys� llB9d �C ���"��!!d 2012 ROW Encroactunent Agreement -Commercia f � , i. �• , ♦ • 1 { , .1 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Nota�y 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 puiposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN LTNDER MY HAND AND SEAL OF OFFICE this �ay of , 20 �3 • � Notary Public in and for e State of Texas , _ - - - -� -- -�...._.�_�__�..�_r�.�._�. ; .., ;,, �.�. r��;ac� _- - �; �.;....: . ;�� '•": Notary Public, State of Texas ;s,��,c My Commisaion Expires ��'''E �t�`� September 10� 2013 ''��„Rt����° 2012 ROW Encroachment Agreement -Commercial STATE OF TEXAS CK�l�l��r•L�]�IIII_\.�.7:�►�� � � BEFORE ME, the undersigned autho rty, a No�,ta�r,y Public in and f r the State of � ll.�- lLU✓ bf`-� � . � ��'' �```-�cnown to Texas, on this day rersonally appeared , V r, me to be the person whose name is subscribed to the foregoing instiument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of JDFIUHoga�i Building, LLC, and in the capacity therein stated. 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F r � O O C� t�. � N J w wo J � �� N � � JIO Z W 0 p� F- N � � z H � w z Z J O } ��� O Q � J t�i m d � d � Z U � W Z � � � Z O � z � � U W Z � W Z O J U- � � O z w w o o- Q � � L.L m a. QO� ?C�!) � W z � U ��� z C/� � � � � Z � > W m � � U U z � v� X W J w >_ J �i c�o W�o J � C.� O � F- �z zW F- � � W � Wm J � H Ur Z z W H � � w cA W m �� z w W a� � m� WI W�� m � � W W � � � z O � � O _ �� � �_ J � o� m ti Z O � V W � a O Z a U 0 ;, � ■ W W � I- � s � 00 r Z O �\ �1/ W N H � > ! i; i � 1 1 ► � z O H a 0 0 �� z � � N � � N O T � �� W y I� W y h Z= o� �� y � 03 _F- r � �� � , '``� � CERTIFICATE OF LIABILITY INSURANCE 5/7/2013Yrr, 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 CONTACT R3CY1 1 M2fld NAME: Y .. . �_ . . _ � . -.. _, Agents Alliance Services, Ltd PHONE .(940) 382'=9691 ac No: �940)243-30$bs ,,-,�}; Ramey King Insurance aooR�ess:rachylmeadQrameyking.com S 1 O N. I3 S E INSURER 5 APFORDING COVERAGE ��� NAIC #���: r�� Denton TX 76205 iNsuReRa:General Star INSURED INSURER B : JDFIU Hogan Building, LLC iNsuaeRc: 1696 S. Loop 2H8 iNsuReao: Denton TX 76205 ( INSURERF: ' COVERAGES CERTIFICATE NUMBER:CL1261509070 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO Wtil CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUR,4NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE GENERAL LIABILITY � MERCIAI GENERAL LIABILITY CLAIMS-MADE � OCCUR �GEN'L AGGREGATE LIMIT APPLIES PER: X) POLICY � PR� n LOC IE(:T AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS UMBRELLA LIAB EXCESS LIAB below .i��TIL�I7� EACH OCCURRENCE I THIS =RMS, � 1,000,000 10-0,':0 0 0 - 'Sj'000 � � nn.r�.s=n:nn /20/2012 I6/20/2013 I MED EXP (Any one LIMITS 5 $ �) 3 ���� -. .. - PERSONAI&ADVINJURY - GENERALAGGREGATE � ���� PRODUCTS-COMP/OPAGG $ z i'Q � � �- $ _ _ �,� BODILY INJURY (Perperson) $ BODILY INJURY (Peraccident) $ PROPERTY DAMAGE $ Per accident $ EACH OCCURRENCE AGGREGATE WC STATU- E.L. EACH ACCIDENT E.L. DISEASE - EA EN � ? (� y; _ insured as ,tl�e���:;,; z _ "� � E _ $ 'LOYE $ � � � � POLICY UMIT $ � � �� - - - DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedu�e, if more space is required) �:�� � � - Re: 901 Houston Street Fort Worth, TX 76102. Certificate Iiolder is named as additional interest may appear. EXHIBIT B CERTIFICATE CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE W THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ,. ACCORDANCE WITH THE POLICY PROVISIONS SCHEDULED AUTOS NON-OWNED AUTOS OCCUR WORKERS COMPENSATION AND EMP�OYERS' LIABILITY Y� N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDE07 � N�A (Mandatory in NH) City of Fort Worth ' Planning and Development Department " I.00O Throckmorton AUTHORIZEDREPRESENTATIVE � . __ Fort Worth, TX 76102 ACORD 25 (2010/05) INS025 i�mnnF� n� Jeff King/RLM `���� �`-'--�J _ O 1988-2010 ACORD CORPORATION. All rights reserVed. Thn AR(1R�1 name anrl Innn arn rnnicfnrnrl marlae nf AR(1R11 -� � � t�-'r R, e��.' POUCY NUMBER: IMA- 2 8 7 0 8 6 COMMERCIAL GENERAL LI/S,BILITY CG 2011 01 96 THIS ENDORSEMENT GHANGES THE POUCY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement mod�es insurance provided under #he folfowing: COMMERCIAL GENERAL LtABILITY GOVERAGE PART SGHEDULE 1. Designation of Premises (Part Leased to You): 901 HOUSTON STREET, FORT WORTH, TX 7 61 d2 2. Name of Person or Organization (Additional Insured}: CI TY OF FORT� WORTH ATTN:PLANNING AND DEUELOPMENT DEPARTMENT 1000 THROCKMORTON FORT WORTH, TX 76102 3. Additional Premium: 150 . 00 FE ((f no entry appears above, the infocmation required to complete this endorsement will be shown in the Declarations as applicable to this endorsemenf.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule but only wfth respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1, Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural afterations; new constructior� or demolition operations performed by or on organization shown in the SchedLle. behalf of the person or CG 20 i1 01 96 Copyright; Insurance Services Office, Inc., 1994 Rage 4 of 1�