HomeMy WebLinkAboutContract 44653 CITY SECRUARY
A AMMEMMON.A,
OMTRACT NO,
LIGHT OF WAY
ENCROACHMENT ENT A E ENS"
(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 th-rough
its duly authorized City Manager or its duly authorized Assistant City Manager or
Tanning and Development Department artment Director, hereinafter referred to as the "City''', and
Tarrant Services, Inc. , acting herein by and through its dryly authorized Feely A.
Hoover, President hereinafter referred to as "Licensee", owner of the property located
at 708'So uth Main ,51reet, Fort Worth Texas 761'0,4 ("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-
ways, such Ii-nprovernent s are described as follows.-
Awning at fto n of building
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.
26
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
directions of the Director of Transportation and Public Works of City, or l i.s duly
OFFICIAL RECORD
2012 ROW Encroachme " t Page t of 10
FT,WORTHs I")( RECEIVED
1,
authorized, representative. All pilans 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 encroaclunents 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 occuparicy, 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 moire 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 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.
20,12 ROW Encroad-u-nent 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 surn 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 pier square/linear
foot of the encroachment area.
7.
The tens of th,is 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.
81*
Upon terinination of this Agreement, Licensee shalt, at the option of City and at
no expense to City, restore the public right-of-way and ren-iove the Improvement
encroaching into the public right- f"- to a condition acceptable to the D,irector 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 IMprovernent.
9*
It is further understood and agreed upon between the pat-ties hereto that the public
nghts-of-way, alleys, sidewalks ("public right-of-way") to be used and encroached upon
2012 ROW Encroach-ment Agreement-Commercial, Page 3 of 10
as described herein,, are held by City as trustee for the c; 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, inctu(I iing 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 desclibed 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.
III
Licensee agrees to comply ftilly 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 all independent
contractor as to all rights, and privileges granted hereunder and not as an officer, agent,
2012 ROW Encroadmient 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 detalls of its operations, and all persons performing same,,
and shall be solely responsible for the acts and omissions of its officers, agents,, servants,
emp�loyees, contractors, subcontractors, licensees and invitees. The doctrine of
respondent 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, HOI-jD 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, EMPI--40YEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, OR INVITEES OF THE CITY, AND
'LICENSEE HEREBY ASSUMES ALL LIABIIATY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL
LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR
fi
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,1 OR
TRESPASSERS,
20 12 ROW Encroachment Agreement-Commercial Page 5 of 101
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 r1sks, 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:
$1,0001,000 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 IS". 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 iia-mlity insurance at all times during the term, of this
r
Agreem.ent and until the removal, of all encroachments and the cleaning and restoration of
the city streets,. All insurance coverage required herein shal l include coverage of ill.
Licensees' contractors.
160
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.,
2 12 ROW Encroachment Agreement-Co-m-nercial Page 6 of 10,
17.
In any action brought by the City for the enforcement of the obligations of
Licensee, City shall be entilled. to recover interest and reasonable attorney"s fees.
I .
Licensee covenants and agrees that it will not assign a]] or any of its rights,
privileges or dLItieS under this contract WithOLIt, the prior \vritten approval of the,. City
Manager or designee. Any attempted assiunnient without prior written approval will be
vold.
19.
THE PAR"J"IES AGREE THAT THE DUTIES AND 0BL.,1GATION'
C'ONTAINED IN PARAGRAPH 8 SHALL4 SURVIVE THE TERMINATION OF
THIS AGREEMENT.
200,
This Agreenient shall he binding Upoll the parties, he,yet o, their successors, and
assigns.
EXEC'LJTED this da,v of 210
Cy P IC14
2012 ROW Dicroachment A,-1,reement-Cloninierejai e Ot* 10
I
C i tl�,,r Licensee
City of nor Worth "I"YPE Ta,rr,ant Set-vices, Inc.
BI y By
----------- .........
. NDLEF HAR OOD Nanie I. Peru A. flolover
DIRECTOR Title: Pli-esident
PLANNING & DEVELOPMENT
AJ"J"ES"r. Approlved As 'fo Forni, and I...egality
00 A,
................
"t.ant City Attorney
C'ity SecDLC/l "W8,
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OFFICIAL RECORD
FFIC:IA
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CITY SECRETARY
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F"o,%*R1THPjaT*8
1?0 12 ROW E ial
ncroachnient Agreement-Commerc
STATE OF TEXAS §
COUNTY OF TA-RR-ANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Randle Harwood, known to ni.e to be the person whose
name is subscribed to the foregoing instrument, and acknow-ledged 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.
00
IV N UNDER Mv HAND AND SEAL OF OFFICE this day of
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Notary Public in and for the
State of Texas
2012 ROW Encroachment Agreenient-Cornmercial Page 9 of 10
STATE OF TEXAS §
(70UNTY OF TARRANT §
BF RF'. W-1., the undersioned aLlthO["I tV, it NOLary Public in and fOr the State of
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'rexas., on this, clay personally t
appeared known o
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me to be the person who iiaj,,iie. is subscribed to the foregoing inStIlln'ient, and
acknowledged to me that he/she execUted the same, for the purposes and consideration
therein expressed, as the act and deed of and in the capacity, therein
stated.
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GIVEN UNDFR MY HAND AND SEAL OF O FFl(`[.'4" tl'lls
day of
2 01?
..................
Pua,
Notary Public in. and for the
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w State of
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2012 ROW Encroachaient Agreement -Commercial Pale 10 of 10
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