HomeMy WebLinkAboutContract 43615ENCROACHMENT AGR
STATF OF TEXAS
COUNTY OF TARRANT
CHY SECRETiy
EMENT COHTRACTgkn1
THIS AGREEMENT is made and entered into by and between the City of Fort
Worth, a municipal corporation of Tan -ant County, Texas, acting herein by and through
its duly authorized Planning and Development Department Director, hereinafter referred
to as the "City", and Esteban Aguilar and Nellie Villaloando. acting herein by and
through its duly authorized property owners hereinafter referred to as "Grantee",
Owner of the property located at 5827 East Lancaster Street, Fort Worth, Texas
76112 ("Property").
WITNESSETH:
1.
For and in consideration of the payment by Grantee of the fee set out
below and the true and faithful performance of the mutual covenants herein
contained, City hereby grants to Grantee 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,
OFFICGAL RECORD
CITY SECRETMyP
IF!: NYO" trail, TX
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sidewalks and other public rights -of -way, such Improvement(s) are described as
follows:
An awning extending four feet from the face of the building to replace an existing
awning, in order to provide cover for the doors and windows from the elements
especially the entrance of precipitation.
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.
Ail construction, maintenance and operation in connection with such
Improvement, use and occupancy shall be performed in strict compliance with
this Arrnement and thn Charter frdinanees and
ende. of the City and in
accordance with the directions of the Director of Transportation and Public Works
of City, or his duly authorized representative. All plans and specifications thereof
shall be subject to the prior written approval of the Director of Transportation and
P!ihlir kik/nrks or his r+Jily nrathnri'ed representative hut srrnh nnnrnvnl thn!! not
relieve Grantee of responsibility and liability for concept, design and computation
in preparation of such plans and specifications.
2
3_
Upon completion of construction and installation of said Improvement and
s s_ _ ___ s a s_ _ s_.__ _ _� s s
thereafter, there snail 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
4.
Grantee, 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, Grantee snail pay to City an additional amount equal to
such additional cost as determined by the Director of Transportation and Public
Wnrks of the nits nr his nE sthnri; nri renresnntntivn
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 puhlin nr for any ether niihlin nhrnnse In this regard, Grantee
understands and agrees that City shall bear no responsibility or liability for
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damage or rlisrnntinn of imnrnvernentr instnllnrl by Clrnntee nr its snrrnssnrs hut
City will make reasonable efforts to minimize such damage.
6.
In order to defray all costs of inspection and supervision which City has
inrlirred nr V111I1 inrlir nS n result of the rnnstrl,ntinn, mnintennnne insnertinn nr
management of the encroachments and uses provided for by this Agreement,
Grantee agrees to payto City at the time this A- reernent is executed a Tee in the
9 i -jy - -- g
sum of Two_ Hundred Seventy Five Dollars ($275.00).
7.
The term of this Agreement shall be for thirty years, commencing on the date this
Agreement is executed by the City of Fort Worth.
8.
Upon termination of this Agreement, Grantee 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 Grantee that if this Agreement terminates and
Grantee taus to remove ine improvement, Owner Hereby gives City permission io
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.
4
y.
It is further understood and agreed upon between the parties hereto that
nnhlin rightsenf=wan_ nlleyg sidetiva ks ("nuhlir right-of-way") to he
and
encroached upon 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 cu utv and its Ieais!atIve nower 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 ariy tirne 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.
Grantee understands and agrees that the granting of any encroachment
hereunder is not meant to convey to Grantee any right to use or occupy property
in which a third party may have an interest, and Grantee agrees that it will obtain
all necessary permission before occupying such property.
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11.
Grantee 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
Grantee agrees to pay promptly when due ail fees, taxes or rentais
provided for by this Agreement or by any federal, state or local statute, law or
renu ulatinn
13.
Grantee covenants and agrees that it shall operate hereunder as an
independent contractor as to all rights and privileges granted hereunder and not
nn nffiner, anent gervnnt nr emn!nyee of City nnrl frnntee shall hnvn
exclusive control of and the exclusive right to control the details of its operations,
f all
� and E P` E E F _P i S _i
and an persons performing same, snail 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 Grantee, its officers, agents, servants, employees,
contractors and subcontractors, and nothing herein shall be construed as
creating a partnership or joint enterprise between City and Grantee.
14.
GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
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OFFICERS, AGENTS, S, SERVANTS AND tIVIPLOYtt , 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
GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH ULAIlV11 OR SUITS. GRANTEE 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 GRANTEE,
ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS.
15
While this Agreement is in effect, Grantee agrees to furnish City with a
Certificate of Insurance, naming City as certificate holder, as proof mat 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 Grantee that such insurance
amTIQUnIIS shall be revised upward at City s option and that Grantee shall so revise
such amounts immediately following notice to Grantee 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" Grantee agrees to submit a similar Certificate of Insurance annually
to City on the anniversary date of the execution of this Agreement.
Grantee 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 Grantee's contractors.
Grantee agrees to deposit with the City when this Agreement is executed
Relent -It snm nf mnnev to he tined fn ply f1E'!:ennnr1.f tens to rennrr1 thin
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
17.
8
i _ brought
_ i_ _ _ the
_ City
_ for
_ the
_ _ _ _ _ _ _ _ _ t _ € the
_ f_ i _ _ t _ _ _
in any action brought by the City for the enforcement of the oongations of
Grantee, City shall be entitled to recover interest and reasonable attorney's fees.
18.
Grantee 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.
i His Agreement span be binding upon the parties Hereto, their successors
and assigns.
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EXECUTED thisp�G�day of
City Grantee (Business Name)
City of Fort Worth
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Ra-ncl
Director
Planning and Development
ATTEST:
✓city Secretary,
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Est an Aguil- r,Nellie Viflalptndo
Co -Owners
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Approved As To Form And I opality
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10
C-:} ,, ,lflCIAL. RECORD
nr Of SECRETARY
V n WORTH, TX
STATEOF TFZ(AC.
COUNTY OF TARRAN!
BEFORE ME, the undersigned authority, a Nota y Public in and for the State of
Texas, on this day personally appeared known to me to be
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acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed, as the act am deed el me Gity or port vvortn,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OF ICE, this
afr -- , 20
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day of
64._ea Av
Notary Public in and for the \
State of Texas
11
STATE t i C OF i EXAb
COUN I Y OF 1-ARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared Esteban Aguilar known to me to
be tho person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he/she executed the sarrne for the purposes and
consideration therein expressed, as the act and deed of East Lancaster Pet Shoo
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ' day of
i=� rt' tl) / w'( , 20 b . ,�`1i�iC�iili�114.�/��®���j
® aY °t2;C%
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as
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Notary Fithiic :c9
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torah
State of qes
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Saki •/deatiO�� 1,n`t�4a
AIE OF TEXAS
COUNTY OF TARRANT
BEFORE WILL, the undersigned authority, a Notary Public in and for the
Late of Texas, on this day personally appeared Nellie Villaloando 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 expresses, as the act and deed gar Last Lancaster Pei ianoo
and in the capacity therein stated.
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