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HomeMy WebLinkAboutContract 44315 CITY SECRETARY. CONTRACTNO, RIGHT OF WAY ENCROACHMENT AGREEMENT THIS AGREEMENT ENT 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 "r he Starr Co nspiracy, LLC acting herein by and through its duly authorized Limited Liability Company,' ice Pre i rat hereinafter referred as ""Licensee'", Owner of the property located at 122 S. Main St., Ft.Worth,Tx 61� "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) ( that encroaches upon, uses and/or occupies portions of the space under, on and/or above the streets, alleys, side alks and other public rights-of- way, such Improvement(s) are described as follows- Right of Way Encroachment Including Door,Swing, Rarnp Guardrail, are Awning The location and description of said Improvement and the encroachment is more particularly described in Exhibit "A", attached hereto, incorporated herein and made e 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 compiliance with this Agreement and the Charter, Ordinances and Codes of the City and in accordance with the directions of the Director rector o "ran sportati on and Public Works of City, or his duly OFFICIAL RECORD LFFI.CIAL RE 'ORD 'y C 2012 ROW Encroachment Agreement-Commercial Page I of 1 _,X of "b WORTH,TX RECENED 27 we 'mom 01 rr authorized representative. All plans, and specifications thereof shall be subject to the priwri -tt or en 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 p,lans, and spec'ficatioins. i 31. Upon completion of con i struction and nstallation of said Improvement and thereafter, there shall be no encroachments 'in, under, on or above the surface area of they 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 securinp, 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 I 'pay to City an IN additional arnount equal to such additional cost as determined by the Director of Transportation and Public Works of the City, or his duly authorized representative. 51 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 60 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 ( 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. 91• It is further understood and agreed upon between the parties, hereto that-the public rights-of-way, alleys, sidewalks ("public rig,ht-of-way") to be used and encroached upon 2012 ROW Encroachment Agreement-Commercial Page 3 of 10 I - that City exercises such described herein, I a are held by City as trustee for the, public powers over the public right-olf 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 acknowled�ges 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. 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 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 super or 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 O�FFIC'ERS,, 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. 2 0112 RO,W Encroachment Agreement-Commercial Page 5 of 10 1510, 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 pu' lic 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: $1,0100,000 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 (l 0) 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 recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas. 20,12 ROW Encroachment Agreement-Commercial Page!6 of 10 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. op Li censee 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 col ol . 1.94, THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20, This Agreement shall be biriding upon the parties hereto, their successors, and assigns,. EXECUTEDthis_ISPNd-ay of 20 . 2 012 ROW Encroachment Agreement-Commercial Page 7 of 10 V City t-,icensee City of Fort Worth T Starr Cons pilra icy, LLC By#_ By. 14 ow Al RANbLE HARWOOD Name.-Briet Starr DIRECTOR Tjtle*.V'Ice President PLANNING & DEVELOPMENT kl,kk,�L,iv",L v,V�l ATTEST.- Approved Asil'ol Form andLegaility I......... 1,0 City Secrets A,ss"stant,City Attomey Do omel %* Q low 0 (oil 0 LOFFICIAL RECORD CITY SECRETARY n 11 W 2012R W E en ncroachmt Agree mm ment-Commercial 01 Page 8 of 10 FiTs WORTMV TX MON—Aws"M STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Pubilc 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 For Worth, and in the capacity there-in stated. GIVEN UNDER MY HAND AND SEAL, OF OFFICE this day of 1 20 --------------- IRMA SAENZ Notary P'' we Notary'Public in and for the STATS OF TEXAS My Comm.Exp.Jan.28,2016 State of Texas No-.--18101 2012 ROW Encroachment Agreement-Commercial Page 9 of 10 pi FACE OF CURB _....,_.... _._ 1101 , y #411 41-8111 T-1 1/2"' x`_91"miry. -6 i C,()o -- � ull _P'ROP'ERTY LINE CONFERENCE 00 _ ---- — r/ / / / / / r / / /% ,/ /./iii / r ✓ /. 5 March 2013 BE C 0 IN P I R A Scale:1/4" l'-0" ARCHITECT'S+PLANNERS NNERS ��� '�� i AGREEMENT - EXHIBIT #1 0 1" ELEVATION KEYNOTES 0 PATCH AND FILL EXISTING OPENINGS IN BRICK AND MORTAR AND REPAIR OPENINGS WHERE MISCELLANEOUS CLIPS AND HOUSINGS HAVE BEEN REMOVED 02 IEFIJIBISH EXISTING GLAZING TO REMAIN NE's+'METAL BOX AWVNiING WITH()ROD AND T RN BACK I�c�N�AND TI1N N�GI4 aINN�I�GRT SUPPORTS REFER 3/A411 TG ALIGN WITH VERTICAL METAL MULLION IN GLASS BLOCK (D POWER FOR KEYPAD EXACT I CCATI NN TO BE COORDINATED WITH ARCHITECT PRIOR TO ICNSSALLATION *X6'STLIREFRCNT FRAMES IN ANODIZED ALUMINUM WITH NEW'I" I'NSULATFD GLASS,TINT TB AWNING TO BE WRAPPED WITH PUNCHED-LETTER SI PGE OTHERS 60 ALL NEW STOREFRONT GLAZING SHALL HAVE A MAXIMI..NM SHGC OF 0.30 ANNA A MAXIMUM J-FACTOR OF 0.60. . . I ..' ,..Starr NEW ALLNMINLJNWI WRAPPED SILL T REPLACE EXISTING ». ,.. ».»` 4 LNG AN TLN'HN aACK S PNPOr S METAL IT�JXI�I�AWNING WITH . �" NEW STAINLESS STEEL GUARDRAIL,42'"ABOVE FINISHED:LANDING .. ... RAMP NEW CONCRETE 1.1 DAMP.S'LENGTH SHOWN FOR 5"EXISTING .,.. .... .. LT LIKENING IN UNDERSIDE OF AWNING TO PROVIDE ILLUMINATION OF STOOP DROP.'IEI.�13�VERIFY PIIII,TO CINST"IU�CTIwCN,,. LIGHTING TAN BE PROVIDED BY OTHERS,, Ifl LARGER MULLION TO ALIGN WI EXISTING METAL STRAP @'DOOR OPENING TO HAVE DIFFUSING LENS HEADER FIXTURES WILL ALSO PROVIDE ILLU'MINATIO N TFiIRC7L7t»TI�#FRONT FACE OF BIGJ'� GKNOX BOX LOCATION TO E COORDINATED'I�WITH ARCHITECT PRIOR TO,INSTALLATION .... FA� a a 1 Fe starr, conspiracy 8 if JIF , 2013 r BEMETTs II'IIII PETTIT T H E T AI " R ACE INC�I 11 N rr.... w-0" 11 A Scale:ARCHITECTS+PLANNERS C u C SNIT AGREE ENT EXHI IT # 111 2" BASIS OF B RIGHT-CF-WAY UNE OF ACCOFMXNQ TO DEM RECORDED IN oomb VO. MWe PG. 9, D.R.T.C,.Ts Land ziurvey Inc., P.+ :fox 1 ,3,x"0 Tex Th% Imo` DEN07ES IRO ROD FOUND 0-7 7 7617 FAX LOT 1 Coh JACK R.]BROW VOLa I M It,P0.574 T. T. 0 11 II I T .510, C*M" AREA L L 00 VYA lAA 120 S. ,MU im T.C. . PLAOR Ell UNIT mAw 0 I 5843"E 150.11 UNff I'm � I S LO OF LOT J co eve 11 HN 1"411, I a*WN AREA V 9P57108'V 1 '.1 NORrM 0109, —M, imm"m I Mil No I SOUTH • s 119P57%"]Pd 150,12 ONE-9MY MN�N AREA"B" PLAOR OF 7478 S.F. I e I MIMI I we Nf S 89P57'00"W 15,01,612! M,, LOT 4 F 4 126 S. r L= � � INSE No.D212035691 T.C.T. lqlx� W!" i(l 17 M112t oil A" aloe 5294 ; LOTS 2&39 BLOCK 1 � DAGGETT*S SECOND ADDfflON s ' �'woo A to the City of Fort W SCALE. 1 4 Tart CAunty,Texas LEGAL DESCRIPTION U NIT "AI" BEING a portion of that certain tract of land described in deed to 120 S. Main,, Ltd., recorded in Volume 15207, Page 9 of the Deed Records of Tarrant County, Texas, said tract being Lots 2 and 3, Block 1. Daggett's 'Second' Addition to the City of For Worth. Tarrant, County, Texas, and more particulody described as follows.- BEGINNING at a point in the East boundary line of said 120 S. Main Tract being the West dght—of—way line of South Main Street and lying SOUTH, 98.98 feet along sold right--of—way line from a Mag not set at the Northeast corner of said 120 S. Main Tract and the Northeast comer of said Lot 2.- THENCE SOUTH$ 49.73 feet along said West right--mof—way fine to a point at its intersection with the projection of the interior wall of a building; THENCE N 89* 57* 08" Wo 150.12 feet along interior wall of said building wall to a point at it 'Intersection with the East right—of—way line of South Houston Street; THENCE NORTH, 49,66 feet along said East right—of—way I'Ine to a point at its 'intersection, with the projection of the North exterior face of' a building- 0 'THENCE S 8Gr 58* 43" E. 1510.11 feet along the North exterior face of said building to the PLACE OF BEGINNING, containing 7460 square feet of' land. OF 0000 91pa 0 RIONALO W. COOMBS 52" %0 Al t S$I LEGAL DESCRIPTION U NIT "B 0 BEING a portion of that certain tract of land, described deed to 1,20 So Moin, Ltd. recorded 'in, Volume, 15207,, i Page 9 of the Deed Records of Tarrant County, Texas, said tract being Lots 2 and 3, Block 1, Daggett's Second Addition to the City of Fort Worth, Tarrant County, Texas and more particularly described as followsO BEGINNING at a 3/8—inch 'iron rod found at the Southeast comer of said 120 So Main, Tract and the Southeast comer of said, Lot .3 lying in the West right—of—woy line of South Main Street; THENCE S 8W 57* 00" Wo 150.12 feet Tong the South boundary line of said 120 S. Main Tract and said Lot, 3 to a 1/2- inch iron rod found at the Southwest comer thereof lying in the East right—of—way line of South Houston Streat-, 0 THENCE NORTH, 49.94 feet along said East right—of—way line to a point at its Intersection with the projection of it the interior wall of a building; THENCE S 891* 517" 08," F., 150.12 feet along the interior wall( of said buf"Iding wall to a point at 'Its intersec0on with the West right- —way line of South Moin Street-, THENCE SOUTH,, 49.69 feet clung said West right—of—w oy Ilona to the PLACE OF BEGINNIll containing 747'8 square feet of land, OF tow Oft RON" W. =Me$ M4 8,;S GAL DESCRIPTION COMMON AREA ` * BEING P r Uon of that certain tract of lard described in deed to 120 S. Main, Ltd,, recorded in Volume 15207111 Page 9 of the Deed Record's of Tarrant County, Texas, said trod a'a `g Lots 2 and 3, Block , Daggett"s Second Addition to the City of Fort Worth, T r County, Texas and more porticularly desar as follows: BEGINNING at a M g no l set In asphalt pavement at the Northeast comer of said 120 S. Main Tract being the Northeast corer ' said Lot 2 and lying In the West ng of—wlay lire of South Main Street; THENCE SOUTHI, 98.98 feet along soil West right—of--wcy line to a Point at its intersection with the projection of thel exterior face of 'the North will of a building THENCE N' 89* '' 4Y Wr 150.11 feet along the exterior face said wall point at '' intersection with the East r"g mmo1~—way line of South Houston Street; THENCE NORTH, 98.93 feet along said East right—of-,way lime to ra 1�1 2—ln h iron stake found at the Northwest corner of aforesaid 120 S. Male Tract and the Northwest comer aforesaid Lot 2 THENCE EAST, 150-11 feet along the North h boundary lire of said 2 , S. Main Tract and said Lot 2 to to PLACE OF B'E'GINNING," containing 14,8514 square feet of land. OF R W MUGtwo 4n 4k S LEGAL, DESCRIPTION COMMON AREA BEND a portion of thot certain tract of land describes ion deed to 120 S. Mat n, Ltd. record n Volume 1 5207, Page 9 of the Deed Records of Taint County. Texos, of � � � � � Addition to the City of Fort Worth, Tarrant County, Texas and more particularly descnibed as follows: BEGINNING at a polint in the East boundary line of said 120 S, Main Tract being the West ri*ght -way line of' South Mai n Street and ling SOUTH, 48.7' feet along said rigI t-- f—°goy line from a Mag nail set at the Northeast comer o sod 120 S. Main Tract and the Northeast c mer of said Lot 2 THENCE SOUTH, 0.80 feet along said West r ht—of—w y line to a point at Its intersection with the projection of the 'intenor wall of a bufldingo, THENCE N 89* 57' 08" W, 150.12 feet along the interior wall of said building wall to, a point at 'its intersection with the East rngt-of—way line of South Houston Street; THENCE NORTH., 0.80 feet along said East n'g t—of—,way lire to i tr at its intersection with the projectlon of the interior wall of for of building; THENCE S Off' 58' 43" E, 1 50.11 feet olong the interior wail of said build1ing to the PLACE OF BEGINNING,. containing 20 square feet, of land.. 0 F so f %0 M N I I i x h bi I t Certl icate of Insurance M lie T t THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO, RIGHTS I IPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES, BELOW. THIS CERTIFICATE OF' INSURANC'E: DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE, rMN PRODUCER,,AND THE,CERTIFICATE,HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL ' w terms and conditions . * certain policies x . an endorsement. tl statement A certificate, .. lieu of such .� '!. w rvr r PRODUCER ytl of • - CIC McClendon,,LLP 1701 River ,� , 817-614-18351 ` 817-614-1835 No *ortWorth y w d 9NI Tim McClendon AFFORDING M INSURED The,Amphibian Conspiracy,A - Business Condo Fort, N INSURER - LIMITS rw' ■. ,III � '�Mr M•; I � ®: � ww� � � � I -I r �I y '. � µw, �.wrw �'�IYr I� ~� • �► J "' / M GENERAL N CH OCCURRENCE off fit A X COMMERCIAL GENERAL LIABILITY • PREMISE a' OCCUR 1!0 0 0 11 I u GEN'L AGGREGATE LIMIT APPLIES PER" PRODUCTS-COMP/OP AG "`- �r POLICY � s AUTOMOBILE M I� I�.II�INJURY NII- ui�M�ICI ANY AUTO B5086079969 05114/12 BODILY AUTOS AUTOS ALL OWNED SCHEDULED tl HIRED X OCCUR EACH OCCURRENCE EXCESS LIAB CLAJMS-MADE B5085080006 AGGREGATE RETENTION�1 10A00 WYM WTI d WORKERS COMPENSATION ANO EMiPLOYERS'LIABILITY YIN; ANY � ��II � III I■ PROPRIETOR/PARTNER/EXECUTtVE E.L.EACH ACCIDENT' OFFICERAAEMBER EXCLUDED? jMandatory In NH') Lj E.L.DISEASE M EMPLOY F �I u� .e DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional R*mfts Schedule,if mont spac*Is r*qulr*di) CITYFTW SHOULD ANY'OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE I EXPIRATION r - •F, NOTICE WILL BE - ACCORDANCE City of Fort Worth A- 1000 Throckm orton UTHORIZED REPRESENTATIVE Fort Worthi, 76102 as