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
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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
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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
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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
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60 ALL NEW STOREFRONT GLAZING SHALL HAVE A MAXIMI..NM SHGC
OF 0.30 ANNA A MAXIMUM J-FACTOR OF 0.60. . .
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LEGAL DESCRIPTION
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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-
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'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.
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LEGAL DESCRIPTION
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BEING a portion of that certain tract of land, described
deed to 1,20 So Moin, Ltd. recorded 'in, Volume, 15207,,
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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-,
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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,
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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.
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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..
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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
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