HomeMy WebLinkAboutContract 43866 ciTY SECRETARY -
ENCROACHMENT AGREEMENT CONTRACT N0 ;,.
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is rude 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 Artes de la Rosa, a non-profit
organization, acting herein by and through its duly authorized Board President,
William Giron hereinafter referred to as "Organization", or Lessee of the property
located at:
Lott, Block 58, NORTH FORT WORTH TOWNSITE COMPANY'S
SUBDIVISION of part of NORTH FORT WORTH ADDITION to the
City of Fort Worth, Tarrant County, Texas according to the plat
recorded in Volume 105, Page 54, Plat Records, Tarrant County,
Texas. Address of Property: 1442 North
Main street, Fort Worth, TX ("Property").
WHEREAS, the City and Organization are parties to a Lease Agreement
wherein City is Lessor or landlord .of 1442 North Main street, Fort Worth, Texas.
(City Secretary Contract No: , and amendments thereto, the
"Lease."; and
WHEREAS, the City/Lessor and Organization/Lessee are parties to
Banner Program Management Agreement (City Secretary contract No: 42455),
the "Banner Agreement."; and
OFFICIAL RIECORD
CITY SECRETARY
11 -o9-12 A08 : 47 IN TX
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WHEREAS, organization desires to construct/place two canopies and a
marquee sign upon the building which will encroach into the public sidewalk; and
WHEREAS, to accommodate the needs of organization, City will permit
the Encroachment under the terms and conditions set forth in this Agreement.
NOW "THEREFORE, the city and organization hereby agree as follows:
WITNESSETH:
1.
For and in consideration of the payment by organization of the fee set out
below and the true and faithful performance of the mutual covenants herein
contained, City hereby grants to organization 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 Improvements) are
described as follows:
Install two new metal canopies and one digital marquee sign over entrances which
encroached U-0" over existing Public Sidewalk ROW. Canopies encroachment shall
extent to approximately 5-0" away from face of existing curb.
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.
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.
Organization, 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, organization shall pay to City an additional amount
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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, organization
understands and agrees that City shall bear no responsibility or liability for
damage or disruption of improvements installed by organization 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,
Organization agrees to pay to City at the time this Agreement is executed a fee in
the sum of two hundred seventy five Dollars ($275.00).
■ .
The term of this Agreement shall be for thirty years, commencing on the
date this Agreement is executed by the City of Fort Worth.
H.
Upon termination of this Agreement, organization 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
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representative, and in accordance with then existing city specifications. It is
understood and agreed to by organization that if this Agreement terminates and
Organization fails to remove the Improvement, the City may remove the
Improvement and any supporting structures.
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.
Organization understands and agrees that the granting of any
encroachment hereunder is not meant to convey to organization any right to use
or occupy property in which a third party may have an interest, and organization
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agrees that it will obtain all necessary permission before occupying such
property.
11.
Organization 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.
Organization 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.
Organization 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 organization 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 organization, its officers, agents, servants,
employees, contractors and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between city and
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Organization, and is not intended to after any previsions regarding the same
under the Lease.
14.
ORGANIZATION 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
ORGANIZATION HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY
FOR SUCH CLAIMS OR SUITS. ORGANIZATION 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 ORGANIZATION, ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,
INVITEES, OR TRESPASSERS. THIS PROVISION IS NOT INTENDED TO
ALTER ANY PROVISIONS REGARDING THE SAME LINDER THE LEASE.
15.
While this Agreement is in effect, Organization 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 Organization that such insurance
amounts shall be revised upward at city's option and that Organization shall so
revise such amounts immediately following notice to organization 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". organization agrees to submit a similar certificate of
Insurance annually to City on the anniversary date of the execution of this
Agreement.
Organization 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 organization's contractors.
16.
Organization 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
Organization, City shall be entitled to recover interest and reasonable attorney's
fees.
18.
Organization 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.
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20.
This Agreement shall be binding upon the parties hereto, their successors
and assigns.
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EXECUTED this day of , 20 .
city Organization (Artes de la Rosa))
City of Fort Worth
By: By: /f r
Ran le Harwood - -��� Name:
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Director IF 0 e■ 1 /biO0000000 Q
Planning and Development' q� O
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ST: o *;loved As To Form and Legality
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jLL 4 0,VO
,4sr 6itySecretary Assistant City Attorney
cloryajeckerAFly
OFFICIAC RZC0jtD
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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 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 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 day of
--------- --------
IRW SAENZ �, � ~4-
Notary Put& Notary Public in and forth .
STATE of TEXAS State of Texas
My Comm.Exp.Jan.28,2016
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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 William Ciron, 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 organization, Artes
de la Rosa, and in the capacity therein stated.
F �'
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
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ACCRO� DATE�MMfDD1YYYY}
CERTIFICATE OF LIABILITY INSURANCE
�.� 10/15/2012
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 Peter Walker - Rep
P
Frampton Insurance Agency PHONE (972} 34-1300 A FAX N (97 2)234-1385
P.O. Box 833194 E-MAIL .peter @framptonins.coin
2097 N Collins Blvd Ste 200 INSURERS AFFORDING COVERAGE NAIC#
Richardson TX 75083-3190 INSURER A:Travelers Lloyds Insurance
INSURED
INSURER B
Latin Arts Association Of Fort Worth INSURER C:
1440 N. Main St. INSURER D:
INSURER E:
Fort Worth TX 76164-9119 1 INSURER F:
COVERAGES CERTIFICATE NUMBER:CL12101500276 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTA POLICY NUMBER MMf00/YYYY MM/DD/YYYY
GENERAL LIABILITY EACH OCCURRENCE $ 1,000►0 00
COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 10D 000
PREMISES Ea occurrence $ ►
A CLAIMS-MADE [i] OCCUR x x 6600736CS9612 9/1/2012 9/1/2013 MED EXP(Any one person) $ 5►000
PERSONAL&ADV INJURY $ 1 r 0 0 0►0 0 0
GENERAL AGGREGATE $ 2■0 0 0 r 0 0 0
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2►000►000
_�X POLICY PRO LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident 1000000
ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED x X 660736C89612 9/1/2012 9/1/2013 BODILY INJURY(Per accident) $
AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE
X
HIRED AUTOS x AUTOS Per accident $
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAR CLAIMS-MADE AGGREGATE $ -
DED RETENTION $
WORKERS COMPENSATION WC STATU-
TORY QTH-
AND EMPLOYERS'LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE F-] E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N/A
{Mandatary In NH} E.L.DISEASE-EA EMPLOYE $ -
If yes,describe under
DESCRIPTION OF OPERATIONS Wow E.L.DISEASE-POLICY LIMIT $
3'
DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES {Attach ACORD 101,Additional Remarks Schedule,it more space is required}
Certificate Holder is Additional Insured for General Liability. Waiver of Subrogation for General
Liability for City of Fort Worth
CERTIFICATE HOLDER CANCELLATION
Cassandra.foreman@ fortwort SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Fort Worth
Cassandra Foreman
1000 Throckmorton AUTHORIZED REPRESENTATIVE
Fort Worth, TX
P Walker -- Rep/PETE
ACORD 25(201 0/05) 1988-2010 ACORD CORPORATION. All rights reserved.
INS025(201005).Q1 The ACORD name and logo are registered marks of ACORD v
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