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HomeMy WebLinkAboutContract 44685 (2)Transportation and Public Works of City, or his duly CITY SECRETA NTRACT NOS / L RIGHT OF WAY ENCROACHMENT AGREEMENT (COMMERCIAL) 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 Inland American Communities Group, Inc., acting herein by and through its duly authorized President, Travis Roberts hereinafter referred to as "Licensee", Owner of the property located at 3201 South University ("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, sidewalks and other public rights -of -way, such Improvement(s) are described as follows: Placement of blade sign 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 purposes. 2. All construction, maintenance and operation in connection 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 direction of the Director of_ OFFICIAL RECORD CITY SECRETARY 2012 ROW Encroachment Agreement — Commercial FT. WORTH, TXe 1 of 10 RECEIVED AUG -62013 authorized representative. All plans and specifications thereof shall be subject to the prior written 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 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, 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 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 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 efforts to minimize such damage. 2012 ROW Encroachment Agreement -Commercial Page 2 of 10 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, 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 (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 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. 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 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 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. 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 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 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 Encroachment Agreement -Commercial 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 insurance 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 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. 2012 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. 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 assignment 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 AGREEMENT. 20. This Agreement shall be binding upon the parties hereto, their successors and assigns. EXECUTED this day of Y 1 A 6 LI J , 201_14 . 2012 ROW Encroachment Agreement -Commercial Page 7 of 10 City City of Fort Worth (IP ,' 1 ABy: Al li;/► RANDLE HAR '• OD DIRECTOR PLANNING & DEVELOPMENT ATTEST: City Secret 2012 ROW Encroachment Agreement -Commercial Licensee TYPE :Business Name ()Mu aq--5 !COE F2 itft)L,L,Oaao L LiNI7r! By = 14t1WMS' f l yp(L7t, .12.) G1 f✓(P'L(Z�,f,E (4(- ` (11b. t + a i� C'e_ 61 LI z y Czar. a x t�etc i., l�ctacvr tic [F5 So«F'i 141cr� By: % " c Name: -r . AV1 S i ft.2 ,Tl Title: fai13.40-7-. Approved As To Form and Legality L�UC� tip/ Assistant City Attorney OFFICIAL RECORD. ClTageEo'EETARY FT. WORTH, TX 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 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. GIVEN it ER MY HAND AND SEAL OF OFFICE this6. ' 20- day of \� p:i N,,,; CASSANDRA F. FOREMAN r` A .� a Notary Public, State of Texas r_I My Commission Expires April 26, 2017 2012 ROW Encroachment Agreement -Commercial Notary Public in and for the State of Texas Page 9 of 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 Ty,e pa�ue e ' n I ;e-tale, 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 +�^�m'nf ent; y, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this d �1,- day of N.,r\-k ,2013 Notary Publiin and for the State of Texas -- KIMBERLY K DUNLAP My Commission Expires March 23, 2015 2012 ROW Encroachment Agreement -Commercial Page 10 of 10 V:RT4A-L FRAMING. 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ES.0 0 0 Z m Go m University House TCU Inland American Fort Worth,Texas 'ONCRL IL PAVEMENT 4PE PLANS IIL TYPE H' COFW RAMP Perna • ent Esrrm't. .Vol. 5905, 'g. 253, DRTCT BL4I7E SIGN MOUNTING LOG,4TION TREE GRATE (TYP) (6 LOCATIONS) TRENCH DRAIN W/ADA GRATE (TYP) (6 LOCATIONS) T 03:001.2..0101,1100,' NJUIRreff ftatY7 (.9 CD C CD g CD .5178 CD 11 ••••• .0 FE 00,0100,0 COVOLLTI LLT LAS020.00 .0.05 (2'.) irtsX.nroor r • (F70.48480 7870208741 101. PROPOSED WILD 2 0=0 Le, , Trilrfe! =Pr 16' ALLEY 906 mam _711518M3INIPS k de. v 00 B00-AD r AWN —RAT (MEV 20. Mc,. • ADO. 0/F ID. L_- ms V LVS 1,04 ‘7441500 4150950) .0411C,) 11100100. /A61 TOV0S1 I ALL 1120010lt COLOLLIII.001017 0610.1050110 RAYS („0L South University Drive (80 R)GHT-OF-WAY) DIMENSIONAL CONTROL PLAN P MINNIE PM nu. NOANDAFF NAM OWE NM As LOMA/4 mamma arnoriramoraor BNB ALL BUILDING nES D LLMENSICKS SHALL BE C0ORDINA770 AND VERIF7(:0 MTN DIE ARC:KYLES PLANS PRIOR TO GONSIRUCTION. Owl ALL KAPROvEMEN FS WHIN PUBUG RIGHT -OE -WAY SHALL BE 009S7400IE0 UNDER A PARKWAY PERMIT. GONIRACIOR SHALL COORDINATED lora Ci, roar WORN STREET PEWIT DEPANDIENT. DIMENSIONAL CONTROL NOTES: F. V. /CM • %All Or 029 LO MOM. Air CLOYLII0122 Or a mr woo: memo.. XS 0200.017. SAL PROMOLD 0 ASSIST IN I.A1110 Lrlf 010 ILIOROLLYINIS COVIPACILR SMALL 1128, COMIVALL FIN Di OOKNOONG MOVED ON RC RANG 2. ALL DIAILICIONS 010 COMMA= A.02 10 LK FALL 00 LIM MD MIL0010 2 ALL MILO. PCS 0012ILSONS SMALL .02 COORDNA. v(20DED AIDI mormers ,17-ANSidLL INANZOLVO.SILDI,..1121LAIL BE 4 AU. CURB RADII ARC .0 MISS 01000022 NO. 10 • a ID I FF GRAPFIC SCALE 1.rdt .e,ock. a r 1.0001001 0aW02 I tal.p 1 DI Owe I I KOOSII I MAN IIE 1001015 I MUM J MIFF507 Fr f1i=1/6 3 00200 1,20141 1002107 MAN (7 104141I AVMs aurae.) 10=20 NMI! WO CRIN 47 747 = t FLOG OWN 13 1022S20 II ITIZ1 BOA owow) 70=70 I '0574X= valrippA sen..outd licunchVon ;71 820.7 wwwwvu MAY2,2011 4 4r 4 ADDOCUM 6 201$03.26 DIMENSIONAL CONTROL PLAN 7, C 1 .03 PRODUCER Aon Risk Services Central, Inc. Chicago Office 200 E. Randolph 12th Floor Chicago, IL 60601 ACC0 DATE (MMIDDIYYYYj �,, . CERTIFICATE OF PROPERTY INSURANCE 07/02/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. If this certificate is being prepared for a party who has an insurable interest in the property, do not use this form. Use ACORD 27 or ACORD 28. 1-312-381-1000 (CONTACT NAME: Valeria Pizarro/Jennifer Trenz PHONE I FAX (q/Cfto, Est): 312-381-1000 (A/C. No): (ADDRESS: CSG.RE.Regs@aon.com (PRODUCER CUSTOMER ID: INSURED Inland American Communities Group, Inc. c/o 2901 Butterfield Rd. Oak Brook, IL 60523 COVERAGES CERTIFICATE_ NUM_ B_ F_R: 34612480 LOCATION OF PREMISES / DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Property Name: University House Fort Worth FICA The Vue Property Address: 3201 South University Drive, Fort Worth, TX 76109 Named Insured Includes: University House Fort Worth, LLC, a Delaware limited liability company INSURER($) AFFORDING COVERAGE INSURERA:LEXINGTON INS CO IINSURERB:ZURICH AMER INS CO I INSURER C : I INSURER D : I INSURER E : I INSURER F : REVISION NUMBER: NAIC # 19437 16535 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 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. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE LTR DATE (MM/DD/YYYY) A X PROPERTY CAUSES OF LOSS BASIC BROAD X SPECIAL EARTHQUAKE WIND FLOOD INLAND MARINE CAUSES OF LOSS NAMED PERILS CRIME TYPE OF POLICY DEDUCTIBLES BUILDING CONTENTS B I BOILER & MACHINERY/ EQUIPMENT BREAKDOWN 084543366-03 TYPE OF POLICY POLICY NUMBER BM508760908 POLICY EXPIRATION DATE (MM/DD/YYYY) COVERED PROPERTY 12/01/12 12/01/13 I BUILDING PERSONAL PROPERTY BUSINESS INCOME EXTRA EXPENSE RENTAL VALUE X BLANKET BUILDING BLANKET PERS PROP BLANKET BLDG & PP X Loss Limit X Deductible 12/01/12 12/01/13 X X SPECIAL CONDITIONS / OTHER COVERAGES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Evidence of Property Coverage only. CERTIFICATE HOLDER City of Fort Worth 1000 Throckmorton St. Fort Worth, TX 76102 CANCELLATION Property PD Deductible EXHIBIT B LIMITS $ $ $ $ $ Included $ $ $ 100,000,000 $ 10,000 $ $ $ $ $ $ 100,000,000 $ 10,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE USA mgorman2 © 1995-2009 ACORD CORPORATION. All rights reserved. ACORD 24 (2009/09) The ACORD name and logo are registered marks of ACORD 34612480