HomeMy WebLinkAboutContract 44444 CITY SECRETARY"
CONTRACT
aw
RIGHT OF WAY
ENCROACHMENT. GREE T
THIS AGREEMENT 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 r
Plai iron and Development Department Director, hereinafter referred to as the "City",
and San uinct uimin , L.P., acting herein by and through its duly authorized
managing company, Sundancc Square Management, L.P. hereinafter referred to as
"Licensee,,". Owner of the property located at 400 Throckmorton Street, Fort Worth,
Texas, 76102 ("Property").
AGREEMENT
..
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 t e streets, alleys, sidewalk sand and ther public fights-of-
way, such Improvement(s) are described as follows:
Install new PF Chang's blade sign and � ne v PF Ch ng's canopy signs.
The location an escri tion of said Improvement and the encroachment is ore,
particularly described in Exhibit "A", attached hereto, incorporated herein and made a
part hereof for all purposes.
OFFICIAL RECORD
CITY SECRETAV RECEIVED
FTO WORTH,TX
2.
All construction, maintenance and operation in connect on with such
Improvement, use and occupancy shall be performed in strict compliance with this
11 1
Agee,ment and the Charter, Ordinances and. Co cs of the City and in accordance with the
1
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 is 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
specffl cations.
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 herein above 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
encroactu-nent, 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 owne d by, constructed by or on behalf of the
public or at public expense is made more costly by virtue of' the construction,
2
maintenance or existence of such encroachment and use,, Grantee shall pay to City an
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 maintainingimprovements necessary for the health, safety and welfare of the
public or for any other public purpose. In this regard, Grantee understands and agrees
that City shall 'bear no responsibility or liability for damage or disruption of
improvements installed by Grantee 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, i s eetion 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 tee in the sum of TWO
Hundred and Seventy Five Dollars, ($27'5.0�0). Upon execution of this Agreement and
annually t�hereafter, Licensee agrees to pay a fee 'in the amount of$.,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
3
Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty
(30) 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 hi's duly authorized representative, and 'in
accordance with then existing City splecifications. It is understood and agreed to by
Licensee that if this Agreement terminates and Licensee faids 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 i's 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 pennit 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 c,lectricity, 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 party may have an interest. License 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.
License 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,
5
employees, contractors, subcontractors, licensees and invitees. The doctrine of
respiondeat 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 INqj'URY, 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,
E XIS,TENCE 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 INVIT' S, 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
61
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVIT'EES, OR
TRESPASSERS.
15.
While this Agreement 'i's in effect, Licensee agrees to, furnish City with a
Certificate of Insurance,, narni*ng City as certificate hoilder, as proof that it has secured and
policy paid for a o public liability insurance covering all public risks related to, the
al I
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 Genera I 'Liabi lit
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 fo illy lwing notice to Licensee of such requirement. Such insurance policy
shall provide that it cannot be canceled or amended without at least ten (1 0) days prior
written notice to the Building Official of the City, of Fort Worth., A copy of such
Certifi cate of Insurance is attached as attached as Exhibit ""B". Licensee agrees to, submit
similar Certificate of Insurance annuallyto City on the anniversary date of 3the execution
of this Agreement.
Licensee agrees., binds an liglate,s '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.,
1.6.
Licensee agrees to deposit with the City when this Agreement is executed a
suaicient 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 attomey'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 assigru-nent without prior written approval will be
void.,
19.
T' E PARTIES AGREE THAT THE DUTIES AND OBLIGATION
CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF
THIS AGRE EMENT.
20.
This Agreement shall be binding upon the parties hereto, their successors and
assigns.
this is day of
8
City Licensee
C'I*ty of'Fort Worth Sanguinct Bufldl'ng,
a Texas limited partnership
By Sanguinet Genpar, L.L.C.,
a Texas, limited liability c,ompany
its Gelieral Partner
1000%
Rv. By*- sw
Thomas, White
:CANDLE HARWOOD Vice President
D1 R.ECT0R.
PLANNING & DEVELOPMENT
ATTEST.- Appi-ovelclAs To Form. and, Legality
i 'y Sec 0410: s, Assistant, City Attol ley
1 0
�ppio qw
Q
C3
OFFICIAL RECORD,
CITYARY
SECRET
[ENO ML&iC REQUIRIJEEDD
T
P WORTHO TX
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
A)61on to im to b th
Texas, on this day personally appeared]; OJY\&<441, w e e e 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 Ay of'
2 '
Notary Pule in and for Q
State of Texas
R G. NAR'EZ
Notary Public,State of Texas
My Commission Expire,,;,;
itq' Septernber 10, 2013
10
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 Thomas White, Vice President, 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 San guinet Building, L.P. and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this, 4ay of
22) 20
I j1L,
BRENDA E NORMAN Notary Public in and for the
NOT PUBUC State of Texas
EV.WIO-2016
-44PPM-low-191mr—W 'Iqqp�-IMF-
fI �
Alf
wi Or
LAJ
" '+ �� Quo
Ix
WO
�0) u !
to
IAN x
Li .1 A.
✓; �� '� � � � Imo""
Z
r
I
a
U
Lu
CO z
ton
r
i
Poloi
CO
AN�wmmw SAMOAN""*VIA w�40 onomowwmw~A� AM MoNamm".
MAL
VVI
i
1
o
�o
0
r..
,
a
w
,
n
g {
qq
l
x
wn. �...,
MANA..�..����N..��«�...
W �
F
r
mp
8
v
�r
� 1
d .
u
N
r
a
°
r AN
rA
Lu `.
cx
cl
os
,ro a,E
,.a.
1
_ «
,S
f '
Wo
� � � � �" way � � � N
csj f
w
I
Li-
r
m a :m
L-
in
Lwi
/ F, f +
Iwl'ICY/I.
�rlywa�i
�rwrr r r
dr
All/
/L t Its
� p 1/fit (
CIS
u. W11X
uj
wz
p C4L• q I G ;, j' r/r�r'/it/ �JI j! (�,6J
p
I a
1 k
i Iu
kk u
I w
Xneremazi 9F.; FtlYld^;:MAtI�TT:' IN ..........e�,��,�.��..............�......�:....
mulrrm�x*�mnmm'wux wun04.�ar~ e H,,....i:. I 2�rxrxr�2»xmm�x: rnn�,x m; '"" -+,d
i 4 b
X I 1
X tl 1
r
. ,,,„ww._„„wrmwrmanrvwrrmi.� .••
Y w
,,. mrr Iw,wm. Y t
i r
9 N
-, uowuwuuu uwowwnr um mums of Idl
.
b I
w I
w
X `M Y
' 7ys�-uPol ill.. tl� ._•...... A
tl fi�� k
q tl
�.. Ty.,, tl wuww iwmmnl�m.. ll'IRV+I;WWiVh'4ItlRS. i
r�� � Y�AIPnriMlwhHmri � � a u.
{
i
u
E=,
AM
Y � 9
.artrrmrmv�mmrr ,...._,,.,..�,•..,, ...... 0. � ��i.:e�.re.,
{
I tltl
{ X
ww' wwwmmmmmwww w,''.,. X
uravuuxGxmnminm•r °r,... t '''.
4
i y
awev,wm'mmerastmusv�m•�z� .��w 1 ,.,��m�wmx _. ww�,
'. •�mma cw.:�-�^..; nrr^amsue��.,.wrrm
� d
.o.
V °u
!I 4
M
t A
Y A
mw. A
mrzn
r
1l Y
w,.wr, rte... m.lr; wpGV &fir
xrrv�•^^•rrrnnmm r°.'� I ,au;;vaeui.. ...,,.rra..xss
� I
I 40
I & i
4
i
umma�rramwewrosrrrrwwmm f eww rae� r -;...:
1 rmrc m .rl�rnumrmruuv
�rwnn vrvrr w..n,r.i. w, A
Y I
�urvrul ��e
r
000m w.�n<wx w�� .. t- uwoi�Immn�mmrvnm
W
w
p
tl +�
w
re
u J
�rn� onlulu, �w�wwwwuw�w�w o �
w rws
III {
Yi
moom�• nm
am .euca^a ��Mn�_nnr*.
Y
Y
tll
.-----------------------
........,,„.�
LLI
9-
^hh�.:. u�,mmmm"m�*rr. a'-Ftma.u'unvNw
.w
�•.,�.,II..� ice.a'uw..P�... �n,vrvevens:;, r;�.a�r.arrwta...:.rm
^rnnnC au.!nilvrlNru( IIF mm'P". ...,..
•. eeesrkattuu rvmgn i
as f
rh'2UWC•PAVPJIp/�17zTA«��naw� -. � Y.�f
a aH/hNlib'n!1"�"'
W
uutlm o0o a� uu nryx
- r
a
/
r
I
a 11
/
i �-�' f jGi/llNll%llrillV�lllh'l�l�r� II
rf
tlr�� ultl I� `{ •.
r VV
f
ro
I
I
I
I�
I
I
I
I
IIIIIIII
I
lot
lot
�. .. LU
w
ce
ce-
F
r �
1 q" K, Lu
CPO
uj
� I
''
LLJ
p
hi LJ
I
co
0. U tJ 1
I
V
uMii
LU
LU
LA LcLa
Lo
Y
Z LU W,fly.,
co
un Li
iNi
uJ
ev
�.
z I=8e�0
r C► +� �- CA!ham-
i S Lcn,U1 0
< Z
UJ
WO
g'L-u
3t u
tue
gam '
Ln
Irr%/ r
LXLJ
if
�fi n
rr1ff t � r�/
� I
l/
r/ l;
L-CSi
K
r%l
rtii� 1 1 �i
r
y'
JI
5
w
d '
,y wn °
0�
„s
«' en
C+�?
C3 LLI
Ne LU
Loy.y N
r ^^^A r I�
i
w
CL
LOIN An
in 10 all J
41 0
%///M ii ��%i:.�/iii///��q/�I i r✓j!/�i/i'��:,,fl/��'/i/r�/��� �r/�%4i(//,/�/id �i.�'„!�/�/.iii
i.'�r ,
LLJ
da'S diJ
+s 0 E, �' yaw � �'
C) cc
¢ry r- t uu
C 4 —ate' � g tWB
� = � , �=
C) Zj U13
;
LLJ l,” - (A
dga ' do Z
co
LLJ
Cal-d
td
Lw
m
LLJ o cc MUJ C)
M" F du F ? U kd
Z_3 CL LU a 0
r—�CL d C1. d . LL as�COD uj Y:
CID
I
l
1/2*4-112*
j
UJ
col
co
LD
ui LL z
UJ
..... �1
d
.1°,
---------- �.�e. ....._ �.._. m�.a.. _��..w. ....� _........ ............_ .
�1 f
�w
w
r
a�
kO
32 LAJ L4 w
wi
�� aa,Y j
-IANIA-40 dOi 01
nobble.. ..m-
riirr a/
%/ Gi
r j N i
/ Y
%j�%
CL
yr,
f% %/
/
uj
uj
i
ACM
DIY
u T_ C �E OW LIABILITY INSURANCE
03/26/2013
THIS CERTIFICATE I'S 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.
ED, the pollcy(i s) must be endorsed. If SUBROGATION N' IS WAIVED,subject t+� �.
IIWII�C)RTANT�if the certificate holder Its an ADDITIONAL INSURED,
b"
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). C
PRCI UCER av�E
Acre Ri sI Services Southwest, Inc. PHONE.� ��: (817) 10-40 FAX�N .. (817) 339-7019 � r �w
Fort worth TX Office
301 Commerce Street E-MAIL
LI1 ' 1N' ADDRESS:
Fort Worth TX 76102 LISA
INSURER(S),AFFORDING COVERAGE NAIL#
w
w
INSURED INSURER A: Zurich American ins Co, 1653S
sanqullnet Building, L.P'. INSURER
701 Main Street, Suite 2700,
Fort Worth Tx 76102 USA INSURER c: r
INSURER D�:
INSURER E.
INSURER F:
COVERAGES CERTIFICATE NUMBER:570049352666 REVISION NUMBER:
THIS I'a TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING Q ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT T "M"ITH RESPECT TO WHICH THIS
CERTIFICATE MAY RE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED'N IBED HEREIN IS SUBJECT TO ALL TIME TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN,REDUCED BY PAID CLAIMS. Limiits strewn are as requested
A 7TYPE OF INSURANCE IN SR W VD POLICY NUMBER MMIDD IM MIDD LIMITS
GENERAL LIABILITY CPC _ EACH OCCURRENCE -,CICICI,0100 DAMAGE TO 1117NTED-COMMERCIAL GENERAL LIABILITY PREMISE (Ea occurrence) �1,a�C9 s�Q�CN
PREMISES
CLAIMS-MADE OCCUR IMIED ESP(Any one person) $5,0:00
Per Lac Aa iSi°tI B'mil Cap PERSONAL&ADD INJURY $1.,000,000
GENERAL AGGREGATE ,000,000
CEN
"L AGGREGATE LIMIT APPLIES PER: PRODUCTS-CRuPI�P A� ,a��-00t
PRO-
POLIICY FX]LCC
AU7 MOBILE LIABILITY COMBINED SINGLE LIMIT „*
Eau accident
ANY AUTO BODILY INJURY(Per person)
.,ALL.uC'dAINED SCHEDULED BODILY INJURY(Per accident)
AUTOS AUTOS
AIRED AUTOS NON-CM'MNED; PROPERTY DAMAGE
AUTOS (Per acciclenit
UMBRELLA LIAR OCCUR EACH OCCURRENCE
EXCESS LIIAR CLAIMS-NhAADE AGGREGATE
DED I RETENTION
WORKERS COMPENSATION AND WC, STATU- OTR-
EMPLDYERS"LIABILITY Y I Ni
TORY LIMITS I IER
ANY PROPRIETOR/PARTNER E'ECUTI"M"IE, E.L..EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? NIA
(Mandatory in NH) E,L.DISEASE-EA EMPLOYEE
U es,describe under SCRIPTION 3F OPERATION belo E.L,DISEASE-POLICY LIMIT
I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 1011"Additional Remarks Schedule,if more space Is required)
Silging door Fund a niiii encroachiment for Thrccl mN rton and r l Street F Chan 's , For
EXHIBIT
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE "FINE;
EXPIRATION DATE THEREOF, NOTICE WILL 13E DELIVERED, IN ACCORDANCE WITH: THE �
POLICY PROVISIONS.
City of Fort worth AUTHORIZED REPRESENTATIVE
1000 Thrcckmcrtan
Fart unearth Tx 76102 USA
@1988-2010 ACORD CORPORATION.ATION.Alll rights reserved..
ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD