HomeMy WebLinkAboutContract 44448 CrrY
cowmet
(.1r H OF WAY
ENCROACHMENT AGREEMENT
(.OMA RCI
THIS AGREEMENT EMANT is made and entered into by and between the .1ity of Foy
Worth, a municipal corporation of Tarrant County Texas, acting herein by and t Trough
its duly authorized City Manager or its duly authorized Assistant City Manager or
Planning and Development ent De .rtrr ent Director, hereinafter referred to as the "City", and
Cotulla, .P. a exas Limited Partnership acting herein by and through its duly
authorized General artner, hereinafter referred to as "Licensee,,",,see,,",, Owner of the property
located at 532 Commerce Street ("Prop e y").
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,tained City hereby
grants to Licensee permission to construct/ install and/or allow to remain,,
Improvement(s) ( 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 pr+ovement s are described a follows:
111acement, o f a, c nol over an A TU at e BB&T bank location
The location and description of said Improvement and the encroachment is more
particularly described in Exhibit: "A"', attached hereto incorporated herein and made a
pat herec f'for all pu )oses.
2.
Ail. construction', i aintenauc e and operation in c o necti on with such
Improvement, use and occupancy shall he 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 1'ransportation and Public Works of City, or his duty
authorized representative. All plans and splecl.fi cations thereof shall he subject to the
OFFICIAL
C C'ITY SECRETARY
Ft W&tkilf oacment Age ee -Com mer % � RECE ac I o 1 m 1,
prior written approval of the Director of ]"ransportation and Public Works, or his duly
authorized representative, but such approval shall not relieve Licensee of responsibility
and liability for concept, design and coii:iputation in preparation of such plans and
cations.
speci ffi
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.
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 nstallation, 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 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 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
e,I.Torts to minimize such damage.
20 12 ROW Encroachment Agreement-Commercial Page 2 of 10
6,
In order to defray all costs of inspection on 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 ($275.00). Upon execution of this Agreement and
annually thereafter, I..,icensee agrees to pay a fee in the amount of$.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 A
I greement is executed by the City of Fort Worth. Provided however, this Agreement
shall terminate upon the non-compliance of any of tic terms of this Agreement by the
Licensee. City shall notify Llcensee of the non-compliance and if not cured within thirty
days this Agreement shall be deemed terminated.
8.
t.Jpon terinination 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, te,n-ninates and f.,,icensee falls to remove the
Improvement, Owner hereby gives City permission to reniove the Improvement and any
supporting structures and, assess a lien on the Property for the costs, expended by the City
to remove such 1nip rove went.
9.
It is further understood and agreed upon between the parties, hereto that the public
I
rights-o,f-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
2012 RO�W Encroachment Agreement-Cornmercial Page 3 of 10
..........
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 can-not 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 '. 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 f"o,r any other public purpose, including but not being limited to underground,
surface of overhead, communication, drainage, sanitary sewerag,e, transmission of natural
or electricity, or any other public purpose, whether resently contemplated or not, that
p
this Agreement shall automatically terminate.
10.
Licensee agrees, and acknowledges that this Agreement is solely for the put-pose
of permitting Licensee to construct, rnaintain and locate the Improvements, over or within
the described pub�l,ic 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.
Licensee agrees to comply fully with all applicable 1ederal, state and local laws,
statutes, ordinances, codes or regulations in connection with the construction, operation
cind ma*ntenance of said ImproveMent, encroachment and uses.
U.
-
I icensee agrees to pay promptly when. due all. fees, taxes or rentals provided "r 0 r
by this Agreement or by any federal, state or local statute, law or regulation.
13.
1.,icensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted, I-,tereunder and not as an officer, agent,,
servant or employee of City and Licensee shall have exclusive control of and the
2012 ROW Encroachment Agreement-Commercial, Page 4 of 10
......................
exclusive right to contr l the details of its operations, and all persons p erforming 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
resp ndeat 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 I)OES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITYI ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST
ANY N. 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 CONST RUcTION, MAINTENANCE, OCCUPANCY, USE,
EXISTENCE, OR LOCATION OF SAID IMPROVEMENT AND
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PAR r rl 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 SUIrl"S. LICENSEE SHALL LIKE WISE ASSUME ALL
LIABILITY AND RE SPONSIBILITY 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
TRE4 SPA SSERS.
15.
2012 ROW Encroachment Agreement-Commercial Page 5 of 10
...............
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 public liability insurance covering all public risks related to the
al
proposed use and occupancy otpublic 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 Licensee that such insurance amounts shall,
be revised upward at City's option and that Licensee shall so revise such amounts
ini'mediatelly following notice to Licensee of such requirement. Stich, insurance policy
shall provide that it cannot be canceled or amended without at least ten (101) 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, blinds, 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 ,t
the city streets. All insurance coverage required herein shall include coverage of all
I-,icensees contractors.
t6,
I..,icensee 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 ol.the City of Fort Worth,
Texas.
t 7,
2012 ROW Encroachment Agi-eet'nent-Commercial Page 6 of 10
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.,
1.8.
Licensee covenants and agrees that it will, not assign. all or any of its rights,
privileges or duties under this contract with. t 'the prior written approval of the City
Manager or designee. Any attempted assignment without prior written approval will be
vo
j A
u.
19.
THE PAR-TIES AGR-EE THAT THE DUTIES AND OBLIGATION
CONTAINED IN PARAGRAPH 8 SHALL SURVIVE, THE TERMINATION OF
THIS AGREEMENT.
,RYA *1
]'his Agreement shall be binding upon the parties hereto, their successors and
assigns.
2012 ROW Encroachment Agreement-Commercial Page 7 of 10
n
E
/'(44n
XECUTED this dad
city Grantee (Business Name)
City of Fort Worth Cotulla . ,
a Texas limited partnership
By Camerional L. ,C. ,
it's general partner
/000�,e7
By- "" y.
Mii
�%,w A
Director Title-. General Partner
Planning and Development
ATTEST: Approved As To Form And Legality
o
001
Tli Secret ssis r� City orney
Azf Ok Vw
X5�1* :-
0.I
ic
I
NO M&C REQUIRED
!4QUIRED
OFFICIAL RECORD
CITY SECREll"ARY
8 Of 10 L_Ft WORTRI
STATE OF "I"EXAS §
COUNTY OF "'FARR-ANT' §
BEF0F,E ME, the undersigned aUtIlority, a Notary Public in and for fi'ie 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.
GIVE N' UNDErb MY HAND AND SEAL Off" OFFICE this S y of
2 A�m.
Notary Public in and fo,rVie
,State lex s
R. G. NAREZ
N y PUblic,State of Texas,
My Corn miss ion Expires
Joptembef 10, 2013
20'12 ROW Encroachment Agreleinent-Commercial Page 9 of 10
STATE, OF TEXAS §
...........
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the
Stale of Texas, on this day personally appeared WIL SIV
known to me, to, be the person whose nairne is subscribed to the foregoing
instrument, and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressedl as the act and deed of
Camerina, L.L.C,. , General Partner
and in the capacity therein,
stated,
cc
G,IV'EN UNDER, MY HAND AND SEAL OF OFFICE this ,,,_ day of
2 0 /3
otary,Publfc, in and for the
Sitaite of Texas
COMM o
5S r) -X
MY M
13 91, 2 0 16
10 Of 10
«
llyHdSp 01 -9 .10 IMMAYd
Cy _ --J Vj 'r7-
r°IR*� 6:rw°ti *�`w*""wC "w'w«. i«" ®.+C «� "".. 1*7«F .FR M"• d"]��« 'J"« .« '�w* II
n.
IT,«
I
y'
r wow
I.
CI
C
'
*
buipling
0
:•S I
uw
3
rt �6
.gin�
..
Oe co
Ind
�7
*�
�7r
am
HIV�Gv
', °
«
. .
c
*� 1,3 4
1:4 tt
. M
iS) "
" lj, 3"5 «MCI
Wit, �
em I
' " * "
it
TM.Cs""1«��«��".M *.4w
.;�ijCa`w'�C,a^":«7"�w»"'C,,C„q��t,..�.,".�*.�°"�,".k'....�"", ,.."wAW�", . .W•"J�",C!�«�+:C`"�'w"k«L"«„ �a` , C.« "" ,w.� r..�,�a,."� ��
7 ..._. #I
*
0
V 01 #8 JO J.M3M3AVd
1,31'HL . " dS 83u n!)-v simo '3NOO * w 'O*)J X09
CD
LD
ED
fir--
M
u
LJ
L
Lli
ON
u
LLJ
b—
C)
co
CD
CL
I
w--w
z
pq
-J u
Ldi
z
C
cl
pq
Lj
C
- "
V--
co
LD
u
OL
Li
u
>
<1 Ld `.
w
LJ CL —i Ln
LA w z '
t I
Li
V) CDI
a
.
D OL
Li
NOR-
ON�...�
w
gq
,
r
l
f
/
/ r
r ,
r ,
/
ti11 /
�� ✓/�/ .,, ,. �/ r T��� /iii✓ � i ", /
ap,r
... ;:,,�,.�i � ,,,✓ �" ,,, �, „,� ,r,ai,,ry 1111111 VI...
�/ rr
//, ✓iii r M1�, li r ✓ � / '
pl6/, �r
Irf r//ll J/„
of✓,r ,fll/I!+
/
r r 1 0
,..:, // o � ,,,,,":, r rr rirl�iii/lln', N�111I111i111flJli
a 1 is
Of
Opq
alnllll��»�h/
/,/ fie ✓ ai / ,,
nr,rlki rryr,yiy
_, Irr�exwry�li/ r
IIIl/l,%%Il��llllr,
(��rrti r
V, r/r1111h�, r, /,„.., rrro, r. ,. a ✓ ,,,, i a,
r o
,
l f;
J
lIf(9�IG�>�f1(KnN1fl,, Il sx I//11,11%!
r
a
'7
..,.i 1 ✓ Rf( F.rl7fiil riYfil
r,�,,::o i � r' •,.r� r ir(lfNf0lllWtl, .,., f,/IJ Yfi r/ �)��fl hi���. �Ni6l.. 1 Al
131 �iirrlfllr,%Irclun„ /�/�P/fflflf�l/", Cpl 1� IJJ,,,AJ�,yl�1�Y, /
1
/ o
i
✓ rr,ri� rr,irrr/„ JIIIIlIfl i 1(�i`N�lr Jh��/wlf �� triTllfY �h h� �9 @!J;f i/ (
lk
r �
U/
II uY Jo uuu
uuuuuuuu tt ui
f
I u
OO�um I�I,u uu IIIIIIII
IIIIIII°I 00 Al
/
Ii1 I
r
IIIIIIII
rr i II I
Igii� u u 117 `�1 I
r
�luul
lV li,,hill "Iiiuiuuumli
I, I iii
r�
I
III�u1y M �'
I1'
„
VV
/
IIIIIIIII
1%
r
I
I�
�I
1.
V.
/ c
/
I�� I
/
/
1111111111111
I'I
r
u141 V
V I r
o
uI,
I uuuum
i
i
r
'
r
r
u , I
II Ir°
I� � 1
u I �Yl...iii' VVVV
II p�
,/�,,.. -,,, ,,,rya✓� 1JP ,,. i ,%//l%//rid n ,., .(I �� / ///// �/��.///,
u
i
I it
/ I
/
u�
�
��/ii�/ :/� ..,.,ri//ii�rr/ f licit �/✓iir '%1�� {,.'J �; %// r
nni,
f
f
1
l ,
/
1�
0
�IIIII
rr /
a
,� r/1 , '/ ,. „" �// �, // '.✓ (IIIIIIIIIII IIIIIIII IIIIIIIII III��IIIVIIIIIf(IIIIIII ..;'.'�r„/ 3,
r
� r I
I
l�
r
„�or,
DATE(MM1DDf i'YYY)
CERTIFICATE OF LIABILITY IN'SU'RANCE
5/14/2013
THIS CERTIFICATE IS ISSUED, AS A MATTER OF' INF RIIIIATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COV'E'RAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE AMC DOES NOT CON INSURER(S), AUTHORIZE
E I� INSURANCE CONSTITUTE A CONTRACT I�ET"M�"VIEN THE ISSUING IN D
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLIJER,
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 pollicles may requllre an endorsement. A statement on this certificate dales not confer rights to the
certificate Folder in lieu of such end+e rsernent s
PRODUCER SIT,
NAME ��.�
..._ ..� . _... ..� ._�._�...m.._.
Iur�n�� ��� PHONE
Risk ep� ant
..W_.
E-MAIL
ISO Box 5318 ADDRESS: .I t
Asheville NC 28813 – _. INSulR AFFORDING COVERAGE .......� ..._� � _NAIC
._..�.. —_. �M..,. .............—. INSURER A_M .t. �.�.un.. ..h �
INSURES 1 BBTMAIJ INSURER : l._INSURER s ....
IBB&T Corporation and Subsidiaries INSURER
c B T Insurance Services Inc. .
PO Box 5 ,t INSURERS
Asheville N,C 28813 INSURER E �
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
MBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE E LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD j
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI'S
m
CERTIFICATE MAY BE ISSUED CIS MAY PERTAIN, THE INSURANCE AFFORDED B
DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM$,,
EXCLUSIONS AND CONDITIONS a CF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REN, UCEDIBY PAIN. cLA'I'M-S
Ih�SR _ .... S POLICY FF POLICY S P
LTR TYPE OF INSURANCE INSR �U POLICY NUMBER YYY) M IDDN l
LIMITS
A GENERAL LIABILITY 22UENMS9258 /1/201 3 511/20,14 EACH OCCURRENCE $110,00000
DAMAGE TO RENTED
COMMERCIAL GENERAL LIABILITY PREN"I aES Ea occurrence) $30000
CLAI S-MA ,E ...�..
OCCUR
MED EXT(Any one r on 100 .. .�_
., ... PERSONAL&Aft"INJURY $1000000 ,
GENERAL AGGREGATE ATE $2000000
..._W._ PER: � PRODUCTS COI���OP...� _ �.
CEN'L AGGREGATE LINT APPLIES AC's S,200oboo
POLICY PRO-
A AUTOMOBILE LIABILITY 11/2013 /1/ 011
2�uEN�'N'u1S �` �� pC�
X ANY AUTO BODILY INJURY(Per person)
ALL OWNED � �
SCHEDULE
AUTOS AUTOS BODILY INJURY(Per accident
X NON-OWNED RR PM I 7d I�AI IACaE
HIRED AUTOS AUTOS Per acdideniu
E X UMBRELLA LIAR � � Z�.��IOP'903S313N`'IF 111!013 1112014
OCCUR. EACH OCCURRENCE $25,0100,1000
.. ATE .._
1 EXCESS LIAR CLAIMS-MADE
L7E�
RETENTION
WORKERS COMPENSATION WC STATU,- OTH-
AND EMPLOYERS'LIABILITY I ' ...- ......... I
,.
AMY PREVD'RIETOR/PARTNE E ECUTI E' Y 1 I
I El.EACH CH ACCIDE
T
OFFICER/MEMBER EXCLUDED? I A
(Mandatory in NH) E.L.L.DISEASE-EA
PLOYE $$
II Y s,d s rib under
r
,
DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY L
a
f
r
DESCRIPTION OF OPERATIONS/LOCATIONS f VEHICLES (Attach ACORD 1011,Additional Remarks Schedule,if more space is r quir r",
Location:532 Commerce Street, Fart Worth TX 76102 (ATM location,
The City of Fort Worth is listed as awd+dltNonal Insured with respect to the location listed above.
EXHIBIT B
. I
N
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE,
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Ford Worth ACCORDANCE W'ITH THE POLICY PROVISIONS.
920 Fournier Street
Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE
—dol Mom
MCI r 9 V
4
I
p 1988-.201,0 ACORN CORPORATION. All rights re erved.-
AC RD 2,5(20110/015) The ACO,RD name and logo are registered marks of ACORN �