HomeMy WebLinkAboutContract 44735 CrrY SECRETARY ,W
CONTRM mob
RIGH F WAY
ENCROACHMENT AGREEMENT
HIS AGREEMENT' is made and entered into by, and between the City of Fort
worth, ;municipal corporation of Tarrant County, Texas, acting her eii"I 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
SSG Realty, LP, acting herein by and through its duly authorized SNG Realty, Lf
Manager, hereinafter referred to as "Licensee", Owner of the property located at, 500
Lipscomb Street, .fort Worth, Texas 7'6104 ("Property").
AGREEMENT
1.
For and in consideration of the payment by Licensee of the fee set out below and
the true and faithful perfon-nancc of the mutual covenants herein contained,, City hereby
grants to licensee permission to construct/ install and/or alloiw to re ain,
Im rove, cnt s ("Improvement") that encroaches upon, uses and/car occupies portions of
the space under, on and/or above the streets, alleys, sidewalks s anal other public rights-o f-
way, such Improvement(s) are described as follows-,
Installation of multiple street lights
The location and description of said h i rovement and the encroach.n-.cat is more
particularly described in Exhibit 44A11 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
directions of the Director of Transportation and Pubilic Words of City', or his duly
RECEIVED AUG 2 2 2013 OFFICIAL RECORD
11
t R IW Encroachment Agreement Cori�~� rc a age f'� 0 Tx
11, 1 FT WO H,
authorized rep�resentative. 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
Is
and liability for concept, design and computation in preparation of such plans and
specifications.
3.
Upon completion of construction and installation of said 1. proveme nt 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,i 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.
2 012 ROW Encroachment Agreement-Commercial Page 2 of 10
6.
0
In order to defray all costs, of inspection and supervision which City has incurred
0 0
"ll incur as a result of the construction maintenance., inspection or mana ernent of
or wi 9
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 ($2751.0101),. Upon execution of this Agreement and
annually thereafter, Licensee agrees to pay a fee in the amount of$.56 per square/linear
foot of the encroachment area.
70,
The to of this Agreement shall be for thirty (3 0) years, commencing on the date
this Agreement is executed by the City of Fort Worth., Provided however, this Agreement
the shall terminate upon the non-compliance of any of the terms of this Agreement by the
Licensee. City shall notify Licensee of the non-coimpiliance 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 spice i fications. It is understood and agreed to by
Licensee that if this Agreement terminates and Licensee falls to remove the
Improvement, Owner hereby gives City permission to remove the Improvement and an,y
supporting structures and assess a lien on the Property for the costs expended by the City
to remove such Improvement.
910
It 'is further understood and agreed upon between the parties hereto that the public
rights-olf-way, alleys, sidewalks ("public right-of-way") to be used and encroached upon
2012SOW 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
silo
pu I mic. 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 perm it the right of way
to be used for any i
other public purpose, ncluding but not being limited to underground,
surface of overhead communication'. drainage,., sanitary sewerage, n
�rage trsmission of natural
s t
or electricity,, or any other public purpose, whether presently contemplated or not, that
this Agreement shall automatically terminate.
too,
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.
H.
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.
U
Licensee agrees to play promptly when due all 'fees, taxes or rentals provided for
by this Agreement or by any federal, state or local statute,l law or regulation.
U.
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,
2 012 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 detaills ofits 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
res,pondeat superior shall not apply as between City and 1...icensee, 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, CONTRAC TOR S,1
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 ALIj ACTS OR OMISSION'S OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONT,RACTORS., SUBCONTRACTORS, LICENSEES,, INVITEE,S,, OR
TRESPASSERS.
2 012 ROW Encroachment Agreement-Commercial Page 5 of 1 0
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
al
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 b .�icensee that such insurance amounts shall
b'e revised upward at City's option and that Licensee shall, so revise such amounts
inmediately 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 Wo'rth. 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.
20,12 ROW Encroachment Agreement-Commercial Page 6 of 101
17,
In any action brought by the City for the enforcement of the obligations of
Licensee,, City shall be entitled to recover interest and reasmiable 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 mitten approval of the City
Manager or designee. Any attempted assignment without prior wntten 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.
F
this
2
EXECU'TED day,o I
j
2012 ROW Encroachment Agreement-Comm,ercial Page 7 of 1 0
I Licensee
City offort Worth TYPE #1.Bu,sw* ess Name
loloo Cav,f' G
By*- By
0........
Rundle Harwood
Director Title: CLV%Il
Planning and Developnient olhle�
ATTEST.: Approved As To Fonn and Legality
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oil
l4n
City Secretary Assistant City'Attorney
01
MUM
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OFFICIAL RECORD]
CITY SECRETARY
FT WORTH,TX
2 012 ROW Encroachment Agreement-Commercial y 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 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.
G A UNDER MY HAND, AND SEAL OF OFFICE this day of
120
CASSANDRA F. FOREMAN
s Notory Public,state of Texos
S
my Commission Expifes
Sit% 'OV0 i i 1 1) 1 i "I
moo. April 26, 2017
Notary Public in and for the
State of Texas
2 012 ROW Encroachrnent Agreement-Commercial Page 9 of 10
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in ana I to�r the State of
Texas, on this day personally appeared Po ah Sankar', MD, Manager, known to me to
be the person whose name is subscribed to the foregoing strumeat, and acknowledged
to me that he/she executed the same for the purposes and consideration therein expressed,
as the act and deed of S Realty, LP,and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20
00001- Ion
v
z JO JORDAN
Notary Public in and for the
MY COMMISSION EXPIRES
S epto
imber 2,2013
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State of'I"exas
2D)2 ROW Emvm�hment Agreement-Conm.ercial Page 1 0of 1,0
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AC CERTIFICATE OF LIABILITY INSURANCE
DATE(MWDDNYYY)
/l0/2013
H,IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS U.P'ON TIE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEN,DI �, 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.
IMPORTANT:RTANT: It'the certificate holder,Is an ADDITIONAL INSURED,,the policy(ies) must be endorsed, It SUBROGATION IS WAIVED, Subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME; Bart Tucker
132,0 South University Drive No 1�.EMAIL �3�� ... _ ��N�:...�..8�, ' 3�2�_..
ADD btuckar@rhs .co
Fort Worth TX 7610"7 �__�_.._.® a �. �a_��___ __® e,. e�. �.�. �,.w...._...-- .e
INSURER(S)AFFORDING COVERAGE, NAIE
INSURERA:Central Mutual ;ins Co 20,230
INSURED INSURER s
SNG Realty, LP
INSURER C w
4425 W Airport FWY Ste 310 INSURER D
Irving TX 7 50 E INSURER E
INSURER r
COVERAGES CERTIFICATE NUMBER:Cert ID 24885 REVISION NUMBER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ALCOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,ENT, TER OR CONDITION OF ANY CONTRACT OR OTHER DOCU MENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,TAIN, TIME INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS USIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY AVE BEEN REDUCED BY PAID CLAIMS.
„...,,,,... ,,,..,,,.. ..m................................... ....._,........... ..,w,,, ., ,,,,.,..... ,.,,.,,,....,.,.......,.,. ,::..,n...-,�...... ,.._ ,,..,.,.,,_.......,,..... ..,. .,, ,.,.,....,,,,..,...._.,,,.,,, ,...., ...... .......
II�R AI ILL UI R -,06te I dY EF F.. PO..,,.L..pI.C..,�Y...m..,EXP
LTR TYPE INSURANCE POLICY NUMBER IIMIDD[YYYY rrIDD/YYYY..,...... .......w .M-. ,. .,,,,....,,,,,........,,,,.... ,..,_...,.,L..II,,.I..T S
_........... .... ...,.. .._.,..m_ ....,.,,,. ,
GENERAL LIABILITY � � OCCURRENCE �..._ 1,1 0 0 0,0 0 0
I AWAt3E`T0'RL NTE0
COMMERCIAL GENERAL LIABILITY CLP 888'2998 3/30/2013 3/30/20 14 PREMISES $ 300,000
I
(A.Any ore person)...m.. $ 5,000
PERSONAL&ADS'INJURY 11000,0100
GENERAL AGGREGATE.. $ 2100010
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS OIvIPIOP AGG $ 2,0100,000
F-1 a
PRO- Rmp l Benefits Lia lM/2"M
POLICY J ECT ILOC
AUTOMOBILE'I IM C I II_I=I IAI II.Ifi
COMBINED SINGLE LIMIT
BODILY
I Ea �det
�
ANY AUTO INJURY(Per person)
ALL OWNED SCHEDULED BODILY INJURY(Per accident)
_w AUTOS ... AUTOS d
HIRED,AUTOS A..OP'EI TY DAMAGE
OCCUR EACH OCCURRENCE 3,000,000
X..'EXCESS LIAR CLAIMS-MAKE AGGREGATE $ 3,000j 000
""T''I EI RETENTION$ $
-
WORKERS COMPENSATION
..�..... ....ST TU,-.r.,...
NTH�-
AND EM PLOYERS'LIABILITY Two-CH _ E-9 a-
.... .... -. _... .",",
� �� I �N ��}ECUTI'E YI E.L.EACH ACCIDENT� I + E � I� NIA
..._ _. w... _...... ..
(Mandatory In NI-I'
U EMPLOYEE
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD'0,1,Additional Remarks.Schedule,If more space Is required)
Blanket additional Insured:
The general liability policy ncludes a blanket automatic additional insured ender /g z on
provides additional insured status to the cert .f icate holder only when there /Pro vi
that � �r� �s anw:�l.tten
contract between the named insured and the certificate solder that requires such status.
'B1an)r,,et Waiver of Subrogation:
The general liability of c includes a blanket automatic waiver of subrogation
en.dors ent/ rovision that provides this feature only when there is a written contract between the
named d in.su.red and the certificate holder that rewires it.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE,
THE EXPIRATION DATE THEREOF,EOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Fort r-rth
Department opment
+� .I��ev�l AUTHORIZED REPRESENTATIVE
Attn: David Schroeder, Planner
1000 Throckmorton Street
Fort Worth TX 76102
1988-20110 ACORD CORPORATION. All rights reserved.
ACORD 25(201,0105) The ACORD name and logo are registered marks of ACORD
Page 1 of
DESCRIPTION OF OPERATIONS SECTION CONTINUED '
CERTIFICATE HOLDER: INSURED-
City of Fort Worth SNG Realty,, LP
Department of Development
Attu: David Schroeder, Planner 4425 W .Airport FWY Ste 310
1000 4 Throc Orton Street Irving TX 75062
Fort Worth TX 76102
DESCRIPTION OF OPERATIONS CONTINUED:
Re: Eight of way agreement for 500 Lipscomb
DOC f
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(1 012003)
A
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