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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
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2012 ROW Encroachme ��a�n����oiiimeicialp ' Page 1 of 10
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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
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PLANNING & DEVELOPMENT
ATTEST:
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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'�
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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
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���,�Y'P� • CASSANDRA F, FOREMAN� ` J, ��-�-�
r�'��' 8;�� Notary Publla State of Texas , c�_._,.._ � f]„�/�>
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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'
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§
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
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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 /� .
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2012 ROW Encroaclunent Agreement -Commercial Page 10 of 10
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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)
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F��rt Wo���th 5ewen c��ok. f�dote location nf. ��;anholF�� r�a�.
nor�ha�est co��ner� of this par•cel.
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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.
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EXHIBIT A
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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
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EXHIBIT A
Main Level
Fort Worth �un Emporium
709 S M�in St
�art Wo�kh, %xas 761E�4
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�repo�ed c�rruc�at�i metal awninr� with w� frar�e w`rth ce��r ci�tiais
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The awning structure and anchorage
meet current IBC specifications.
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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
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( �� s- ���
O 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) 'f7ie ACORD name and Iogo are registered marks of ACORD