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HomeMy WebLinkAboutContract 44653c�r�r ���cc��� ///��� ��v�v M Y'�f1� ��e ���� RIGHT OF WAY ENCROACHMENT AGREEMENT (COA9AIERCIAL) 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 or Planning and Development Department Director, hereinafter referred to as the "City", and Tarrant Services, Inc. , acting herein by and through its duly authorized Pei•�y A. Hoover, P��eside�zt hereinafter referred to as "Licensee", Owner of the property located at 708 Sozctl� Mai�7 St�•eet, Fort Wo��th Texczs 76104 ("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) ("Improvement") that encroaches upon, uses and/or occupies portions of the space under, on and/or above the streets, alleys, sidewallcs and other public rights-of- way, such Improveinent(s) are described as follows: Ativ�iiizg at fro���t of birilding 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 puiposes. 2. All construction, maintenance and operation in comlection 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 directions of the Director of Transportation and Public Works of City, or his duly -- C �. ii3f�;(;,o;f'�:�i�� ���N <; a 2012 ROW Encroachme ��a�n����oiiimeicialp ' Page 1 of 10 � ��. �����;'��i'�; � y i��':;�?� � R E C E I V� ��.I U l, 2 3 21�� �: authorized representative. All plans and specifications thereof shall be subject to the prior written approval of the Director of Transportation and Public Worlcs, 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 specifications. 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, sidewallcs 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 malce 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, maintenance or existence of such encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as deternlined 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 tiine 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 daniage or disruption of improvements installed by Liceilsee oi- its successors, but City will malce reasonable efforts to minimize such damage. 2012 ROW Encroaclunent Agreement -Commercial Page 2 of 10 6. In order to defray all costs of inspection and supervision which City has incun•ed 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 suin 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 (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 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 Worlcs, 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 peimission 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 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 2012 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 governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or pernzit 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 acicnowledges 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 nqt as an officer, agent, 2012 ROW Encroaclunent 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 pe�sons 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 aild Licensee. � 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 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 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. 2012 ROW Encroaclunent Agreement -Conm�ercial Page 5 of 10 15. 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 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: $1,000,000 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 immediately following notice to Licensee of such requirement. Such insm�ance 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 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 lceep 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. 2012 ROW Eucroachment Agreement -Conunercial Page 6 of 10 17. In any action brought by the City for the enforcenlent of the obligations of Licensee, City shall be eiltitled to recover interest and reasonable attorney's fees. 18. Licensee covenants aild agrees t11at it will not assign all or any of its i•ights, privileges or duties under this contract without the prior written approval of the City Manager or clesignee. Any attempted assignnlent without prior written approval will be void. 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEM�NT. 20. T11is Agreemeilt shall be binding upon the parties hereto, their successors and assigns. EXECUTED this _= day of ,.�/y �� , 20 /� 2012 ROW Encroachi��ent Agreement -Commeccial Page 7 of 10 City Cit�� of Foj•t Worth � C �/ i � � _ � . ���. % � � • � ' ' � � � � � 1' • ' PLANNING & DEVELOPMENT ATTEST: --� � Licensee TYP� : Tar-rant Se►•vices, Inc. 13y: Name: Pert�y A. Hoover Title: President Approved As To Fot•m and Legality OFFICOAL RE�Q�[9 �IiY SE�RET�IR'� �• ��R��'Pa��8 ,f 10 2012 ROW Encroachment A�reement -Commercial STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notaiy Public in and for the State of Texas, on this day personally appeared Randle Harwood, lcnown to me to be the person whose name is subscribed to the foregoing instrument, and acicnowledged 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. `if� . IV N LTNDER M HAND AND SEAL OF OFFICE this day of ( � f�� J v � 2� , ���,�Y'P� • CASSANDRA F, FOREMAN� ` J, ��-�-� r�'��' 8;�� Notary Publla State of Texas , c�_._,.._ � f]„�/�> � �.: � My Commission Expires _�'��� / / ((���,, �;��;�.+'� Aprii2b.2Qi7 �._,.,� __�_ _ Notary Public in and for the State of Texas 2012 ROW Encroachment Agreement -Commercial Page 9 of 10 S"I,ATE OF TEXAS COUNTY OF TARRAN"I' � § BEFORC ME, die uildersigned authority, a Notary Public in and Cor t(le StaCe of Texas, on this day personall�� appeared .���-�.�,/ �Ud � r°� _ , Icnown to / me to be ihe person whose namc is subscribed to the foregoing instrulnent, and acknowledged to me that he/she executed the same %r the purposes and consideration thei-ein expressed, as the act and deed of , and in the capacity tl�erein stated. GIVEN UNDEK MY HAND AND SEAL OF OFFICE this � day of —� � , 20 /� . \������iii►ii��� .�`�� w � ST,4'% m��Ci;�;oTPa'v 'atiei� pG = ` �'• � :, 0= - i = = �. � ; _ s,,� -1� .. � v �'• �OF�I�TM' : � � � �i�'�/L'•�.O(PIRE? .• ��� `� , �qFiY 1? �2�`�� ��'���r�ist������� Notary Public in atld for the State of Te�as 2012 ROW Encroaclunent Agreement -Commercial Page 10 of 10 /, // � � i , - , ; ti.._ i i � _ ._r.. ... . . � . . ✓ _� ._. i.jl� t7. % �f � �:\ I•��-. �/ ,... ..-� .c� �;�;` -. �: - � . . � E[Ecr.¢iC � .: -{ •.•- � . i�:'�;I . TELLP//GWE I SE,?t�/CE L/. . � i I •. % . I ." t % . � � � ; • •, � . �� I / : I i �_. t ' 7U k/Q- •t�E!//LLE, . - - - - �- :., �--- - - - t�G[. �985, ¢99, �. wp�� , />.?. T. C. T . oS . � i . 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SC� L E ^- /'�' 2G � _ _. � SKETCH SHOWING the results of a survey made of property located at 710 South Main Street in the City of Fort Worth, Tarrant County, Texas, described as the south 100 feet of the east _190 ___ feet of Block �7, TUCKER'S ADDITION,-� in the City of Fort LJorth, Tarrant__ County, Texas, accbrding to plat thereof recorded in Volume 63, Page__ 124, of the Plat Records of Tarrant_ County, Texas. � property more fully described on accompanying description) 0• _',\Vp� �c�• 6 .4�b°��P6 :y.- :- .v ,-.. :�. .;, ; � '�.��-. - � •. ' 0•' �• • i �: Q:. � � � y:'. '�. '.�_.. / �.-�:.' J:��: / (�•: ��.: —�_�-_: T � F� � � On \ \ � � � j�.d �� � � � W � �� J 'J � � � v 1 Q O \' Q � h � �� (�� � "J -.�;:; �� . • ' ' � . �'cFv � �,Q�4 S7G?M SElN�.? ..v��r � �.��..�.� �� . - ==-- = ---- . , o � �.� ` ii ii/ i r/iiii/ i/ � ii/i/i�ii/�/�i9 ��/ii, � i//ii�ii/ i i ri i:i /% _ i �; ;*- — -► . "ai4�s- �o c�i "ofi�;�-__ � �l�EST ' "%9U G ' � • . . : . : . � . . . - . . j-fi�L.�' - : . . ' - • . na�cg�t oN�' .. , ' • . - ' ,9rsi �-- . . . . . ' .c . ✓/'��t/.✓Tr 0 ' �'G%t9 /�/LET f��C S�GH SE�✓EQ LEU�� ST,QEET (.�c'Qa w� Co,vc. c�.efs/ /Js�ri��r ��ue-,c/�'.c/r , �� .�,� � � . ly�-� �; If�: E'a�cor�diry to t,ity �if For�t l�lor�th rec��rds, a 5a���it����y �,ewer 1 ine �'uns east and ���est ap��roxir,�atf:�l y 5 feF�i. ��o��th of thr no� th 1 ine of this portian of Llc�ck ?1 ; said sani tary sewer 1 i ne sho��n on Paye K-2(�; F��rt Wo���th 5ewen c��ok. f�dote location nf. ��;anholF�� r�a�. nor�ha�est co��ner� of this par•cel. f '.i:r �� � q �'i �: - � , ..; , �: . , �` r - � , � �,. �,��GJk�� �.�.�JKiI`, ti`_�S(�CINir`_,, i"��,. ;urveyor� p�) F:ox 966� f or't �,�Jorth, Texas 76107 817/334-03P�I Surveyed on the ground, under my supervision; we show apparent improvernents, easements, and encroa�.hments as we found them. 4^' '( y' ' ' : ( . ' EXHIBIT A 0 i �_ . � C7U-b-U:ui7 �' � ��' —� �z, � �i.� � Cedar Fascia ,���� rreate+d 2x6 I�dc,�er �40 !f an top far raFt�rs and �4 If on battom for ,jafsts) �it� �C1�D CTtr��t)Ij!!')/ 'Wi� g�� X��$�� 1rV�t� i�iCl'@�L' �rlg �� t� Z�i�� (�. Rai��r� screw�d tr,� �ming with 3"' r�dc �w�. All hotes pre-tirilled. 2x� r�fter= #2 whi�� pine �x4 joi�t- #� white Rin�e 2x6 ��c�g�r #� tr��t�d P�t�� ix�l lath fc�r coruc,�t++�cci rovf- #2 white pine ��dar fa��a�= �" di�►�ter e�dar posts natched at jaints a�d bc�lted ta�th�r wlt� �6`► � 3j'8" carriage boits and nuts Ec���� e�:�i�==-�-� i_�': t� hi8#i1 C9YBi Page: 1 EXHIBIT A Main Level Fort Worth �un Emporium 709 S M�in St �art Wo�kh, %xas 761E�4 ��� 12'� ��� c� 2xa ���e► �repo�ed c�rruc�at�i metal awninr� with w� frar�e w`rth ce��r ci�tiais 4�' .�_..__ � ___._. r.._ �_. ��...__..__. „__..�., � ._�w.� .. ..k ---�_. .____._ _..�__. ._�_.._ ___ _ ___ _..._.__ , i ' � _.� �.� � � ` i ; � f� s i . ..,,----. _...__..�...:�..����11 ::.....,__<� __t.,. �:. .,:x<< >....�.,. � �reated T"'-� t�. '� - �l -J I ' �n �•., r __ _4��� � � .� � - -- i --�` ~ :1 " -_ -�. _ .�� J _ �,y � - ---�. �� 7 �r r, �,,,.,,, � ""�.�"""� �x4 ��r SIE� €���Vc'�[011 The awning structure and anchorage meet current IBC specifications. , k. �� �� � �, �U1d�,� E . �{ ����- _ �� � � � �� r� � .4� �t � `1 AC R� CERTIFICATE OF LIABILI"fY INSURANCE DATE(MM�DnYYY) �,....--'" 07/01 /2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERIIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR AITER THE COVERAGE AFFORDED BY TH E POLICIES BELOW. THIS CERIIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTA'(1VE OR PRODUCER, AND THE CERTiFICATE HOLDER. 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 poiicies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Iieu of such endorsement(s). PRODUCER Lana Perks NAME: The Parks Group, Inc. A,oNN EXL :(817) 608-0150 fAic No :(817) 608-0152 PO Box 1670 nnnRFGc loarks�parksqroup.com Arlingt< INSURED TX 76004 Four Seasons Restoration, Inc Tarrant Services Inc PO Box 269 INSURER(Sj AFFORD�NG iNsuRERn: AdmirallnsuranceComp� INSURER 8 : INSURER C : INSURER D : INSURER E : FOI� WO�fh TX 76101 � INSURERF: � OVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAAAED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERA4 OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE RFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R TYPE OF INSURANCE POLICY EFF POLICY EXP S D POLICY NUMBER {MMIDDIYYYY) (MMlDD1YYYY) IiMITS --- GENERAL I.IABILITV FnrH nrri i�RFN�F s 1,000.000 � COMPAERCIAL GENERAL LtABILfTY CLAIMS-P11ADE � OCCUR A GEN'L AGGREGATE LIMff APPLIES PER: X POLICY P�� LOC AUTOMOBILE LIABILITY ANY AUTO AL� OVbNED SCHEDULED AUTOS AUTOS NON-OVV�JED HIREDAUTOS AUTOS UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS-M/�DE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y IN ANl'PROPRIETOR/PARTNER/EXECUTNE❑ N�A OFFICER/MEMBER EXCLUDED'7 (Ma�datory in NH) If ves. descnbe under CA000016148-02 I 10/19/2012 I 10/19/2013 DESCRIPTION OF OPERATIONS /LOCATIONS 1VEHICLES (Attach ACORD 101, Additlonai Remarks Scheduie, ff more space Is reqWred) EVIDENCE OF INSURANCE PREMiSEs Ee occurrence 5 50,000 MEo E>:F 1a.nv one person) S _ 5,000 PERSONAL F ADV �rlJURY � 1,000,000 GE�'ERAt_ AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ 2,000,000 v COMBWED SINGLE LIMIT Ea acadent EODILYIN,AJRY(PErparson) $ BODILYINJURY(Peraccident) $ PROPERTY DAMAGE � (Per accider�tl �� __. EACH OCCURRENCE 3 AGGREGP.TE $ $ WC STATU- OTH- T EL EACH ACCIDENT $ EL DISEASE - EA EMPLOYE $ F i nisvo�F _ Pni iry i innrr � EXHIBIT B City of Fort Worth; Department of Development Aitn: David Schroder 1000 Throckmorton St SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth TX 76102 � ( �� s- ��� O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 'f7ie ACORD name and Iogo are registered marks of ACORD