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HomeMy WebLinkAboutContract 44268 11P r My C �m C,0 OW , v RIGHTOF WAY ENCROACHMENT AGREEMENT THIS AGREEMENT s made and e: tered .into by and between the City of ort orthl a municipal, corporation of Tarrant County Texas, acting herein by and through ou h 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 201 S Calhoun Partners LL C , acting herein by and through its duly authorized president, Eddie Vanston hereinafter referred to, as "Licensee", Owner of the property located at 201 South Calhoun Street, Fort Worth, Texas 76104 Propwerty"). 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 ereb grants to Licensee permission to construct/' install and/or allow to remain Improvement(s) 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 rn rover ent s are described as follows: Handicap ranip, landing and swinging doors 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. 20 All construction,, maintenance and operation in c0rinection 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 e directions of the Director of Transportation and Public Works of City, or his duly aim I OFFICIAL RECORD' RECEIVD�,E 'Z'0'i's 2012 ROW Encroachment regiment ommerSci Page I of 1 "e 'WORTH9 TX .. ..... .m ...._.. ..w..... authorized representative. All plans and specifications thereof shall be subject to the rr,% prior written approval of the Director 01 1 ransportation 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 spec*f 0 S. cat 1i i * n 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 ilghts-of-moray ivolved, except as described herein and shown on the herein above referred to Exhibit''A". 40, 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, City an maintenance or existence of such encroachment and use, Licensee shall pay to 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. 2 012 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 constructio�n, 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 ($2" 5.00). Upon execution of this Agreement and annually thereafter, Licensee agrees to pay, a fee, in the amount of$.56 per square/linear footof 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 temimate upon the non-comphante of any of the terms of this Agreement by the Licensee. City shall notify I,censee of the non-compliance and if not cured within thirty days this Agreement shall be deemed terminated. 8. Upon termination of this A reement, Licensee shall., at the option ofCity and at 9 no expense to City,, restore the public right-of-way and remove the Improvement encroaching into the public 6ght-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 specit7 cations. It is understood and agreed to by - the Licensee that if this Agreement terminates and Licensee icensee f ails to remove 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 ftirtber 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 2 012 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 govemIng body of City may at any time during, the to 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 i's 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. 110 Licensee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations m* connection with the construction, operation and maintenance of said Improvement, encroachment and uses. U. Licensee agrees to pay promptly when due all tees, 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, 2012 ROW Encroachment Agreement-Commercial Page 4 of 10 servant or employee of City and Licensee shall have exclusive control of and the exclusive, night to control the details of its operations, and alb 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 CAUSE L,, 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 lIN DEMNIFY 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. 2 012 ROW Encroachment Agreement-Conimercial Page 5 of 10; 150 While this Agreement is M' effect, Licensee agrees to furnlish 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*., 10't $1,000,000 Commercial Gene i 1 General Li 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 iis 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 to of this Agreement and until the removal I`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 J."arrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth, 'Texas,. 20�12 RO�W Encroachment Agreement-Commercial Page 6 of 10 170, 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. censele covenants and agrees that it will not assign all or any of its n*gbts, 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. 19.0; 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_)A4ay of 74W 2 0, 2 012 ROW Encroachment Agreement-Commercial Page 7 of 10 U ty Licensee City of Fort Worth TYPE 201 S Calhoun Partners PLC y-� Beadle Harwood Name-, u �Director Planning and Development Title ATTEST: Approved As To :ion- and Legality �U6 City Seer ss start City Attorney OFFICIAL RECORD CITY SECRETARY 2012 ROW Encroachment Agreement-Commercial RY Page 8 of 1 ffe ,� STATE OF TEXAS § COUNTY OF TARRANT § BEFORE NTEI, the undersigne(: uthorIty,, a Notary Public in and for the State of Texas, on this, day personally appeared 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 For Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND, SEA1. OF OFFICE this �.C_-4.�Iay of 2 0- R. G. NA,REZ AJ Notary Public,state of i'exas j My Commission Expires Notary Public in and for the septernlDeT 101, 2013 State of Texas 2012 ROW Encroachment Agreement-Commercial Page 9 of 10 STATE OF TEXAS COUNTY OF TARRANT BEFORE , the undersigned authority, a Notary Pybtic in and for the State of Texas., are th is day personally appeared � � � � known t me to be the person whose name is subscribed to the oregu g instrument, and acknowledged to me that he/she executed the same for the purposes and consideration emir expressed, s the ;pct and deed cif" d -the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 REGINA JOY iN . my!Commission x re's "u � March ,201'' + tar; uc an r the State of Texas 2012 ROW Encroachment Agreement-Commercial Page 10 of ^ 1 OWL sexa91 lgpo :WoIj jawlS uIno+leo gjnoS X47 ��y tlkp`rL 1LMX1Jk "'MANwfbM 1L NN[d■ A as D N l I D 3 11 H:)S V x,'I Is u tu W osnoTmjvAk qlj,oAk poj ru w T'j AO iN3V4dO-13A303*d IMF 1 011 ISHII ci 0 z w C MIMS- LU he I y � 6 � .gyp m UJI N u CL�1•. rt � N LU .7 M.%«p,. .w...,, sm._. Yuww�. ���!suw ae•. .,.. �,�2mm El �r. w � m .• 7. TENANT V, ENTRY 9Llw„ � IS ! OHWJ l i 3 La ��� w i[L 00 Z �„ad w 9 � trr „� t C-5 0 VAN r„ w a d , a r un 4t m s ZO m I�ryI&p 1 a $� 9 a C1.", f tj y raw°" ' rcq 6 t ' y� .. ` FL a. t• r„ w9XZ r" LLJ w - 0 < rn Cw„, w �cI N i a u Ica .6 u 0 0 Y N it II f 4 II I i I a I b I 4 Arl r i altl nUnun T. I a µ o i I N I i M r I I I I i I c III r-T I I I i 9 Io I I . I L z t 1� 7. rA ryl RU I I �I u, w I .. I I I I I I rL LE .., .W k Al 11 I . I W I 9 F. I I I I qyd 4 U i MILLMOTT DATE(MM/DDNYYY) ,, EVIDENCE OF PROPERTY INSURANCE 111712013 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPONI THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE,OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE I ISSUING INSURER(S),AUTHIORIZED1 REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. .............. AGENCY PHONE (817)335-19547 COMPANY .. �(AJC.Na,Ext): -—---- Hartford Fire Insurance Com�pany Gus Bates Insurance&Investments 24091 Forest Park Blvd. One Hartford Plaza Fort Worth,TX 7'6110 Hartford,CT 06155 FAX .1422 E-MAIL (A/C.No):(817)338 ADDRESS: CODE, 465108085 17;e CODE: AGENCY VKRCONS-01 CUSTOMER I©,#: INSURED LOAN NUMBER POLICY NUMBER 46MSNG,7561 VKR Construction,Inc. EFFECTIVE DATE EXPIRATION DATE 209 S Main CONTINUED UNTIL 4/412012 4/412013 TERMINATED IF CHECKED Fort,Worth,TX 76104 THIS REPLACES PRIOR EVIDENCE DATED: ,P� AA PROPERTY INFORMATION �10 ,gwo�',Xv/ LOCATIONIDESCRIPTION 15 5, A A 2, V5, .2 THE POLICIES OF INSURANCE LISTED BE L bw AVE EE N, IT E D THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO,TWITH STAN DING ANY REQUIREMENT, TEFW OR C/0NDiTI'ON",,`,',, F AN,,Y,/,,,',,ONTRACT OR OTHER DOCUMENT W'ITH RESPECT TO WHICH THIS E'V'IDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR Mk��PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS 7-77; Ir,1710 SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDT TT NS OF S- ,',-H POLICI ITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION 'n COVERAGE PERILS AMOUNT OF INSURANCE DEDUCTIBLE A. 41,1 01 E'; 'T 7 REMARKS(Including Special Conditions `7 7 —77T "N' Special Conditions,: Location Address:2018 Calhoun,Fort Worth,TX 761"111 "A Now Construction $2,30010010 JYgp Existing Structure(if renovation or addition�55��0 000$1,3010,0010 0, , Ren tal Income Maximum,Limit $4,150,000 ........... Covered Property in Transit $100,0001 r Mfr SEE ATTACHED ACORD,101 CANCELLATION Jl//;r IRATION L BE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE, CANCELLED BEFORE�J;�-, DATE DELIVERED IN ACCORDANCE,WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS RTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN# City of Fort Worth Department of Development AUTHORIZED REPRESENTATIVE attni: David Schroeder,Planer 1000 Throckmorton Street Fort Worth,TX 76102 ACORD 27(2009112) 19931-20019 ACORD1 CORPORATION. All rights reserved. The ACORD name and logo are reg�istereld marks of ACORD J AGENCY CUSTOMER 11):VKRCONS-01 J'ILL CC)Rv�4 �..� ADDITIONAL REMARKS SCHEDULE Page of 1 .................................... I'AGENCY NAMED INSURED Gus Bates Insurance&Investments VKR Construction,,Inc. - ......... 209 S Main POLICY NUMBER Fort Worth,TX 76104 46MSNG'7561 'CARRIER NAIL CODE 19,682 EFFECTIVE DATE,4/4/2012 ADDITIONAL RENI�A, RK,S, ........ ..... ................. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 27 FORIVITITLE: EVIDENCE OF PROPERTY INSURANCE ............... .................. ........................... Covered Property Off Site $100,000 Deductible(except as shown below) $,57000 Deductible for Rental Income 5 Days I........... 4w 11/dy, .......................... .... I,/W1,11 0, VIP w goq lka aria r iii r Vii, A g Ml`t L 0 pg/ ON/ki, t g/ j,"INIL 'A P, %i rr '6 1A IE"IBITIB, ..................... ................. ....................... ACORD 101 (2008101) 9 2008 ACORD CORPORATION. All rights reserved. The ACORID name and logo are r giisteredi marks of ACORID