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HomeMy WebLinkAboutContract 45002 CITY SECWARY CONTRACTNO. ENCROACHMENT AGREEMENT STATE OF TEXAS COUNTY OF TARRANT § THIS AGREEMENT is made and entered into by and between the City of Fort or h, a municipal corporatio n of Tarrant County, Texas, acting herein by and through its duly authorized Planning n Development epartmen Director, hereinafter referred to as the ' Ci '''', and Witcher Properties, L , acting herein s ley and through its duly authorized agent, Loftin Witcher hereinafter referred to as, "Grantees'', Owner of the property located at 13613 west Vicke ("Property"). For and in consideration, of the payment by Grantee of the fee set out below and the truce and faithful performance of the mutual covenants herein contained, fit y h�r� rants to Grantee permission to nstruct instal and/or allow to relmain, In r vernent s) ("Irriprovement") that encroaches n, uses and/or occupies portions of the space under, on ain or above the ,streets, alleys, rsa sidewalks and other public rights-of-way, such lm provemont s are described as f 11 ow' offICIAL RIECORD CjTy SBCRBTARY 4 *W'llMm�uM ry,.. "'rY'..!N 1wa:N0!dwm'n ra m 5 C E I V E D i,,jg Private pgrkinq I dge ROW' g.nd drive aisle in Rutle The location and description of said Improvement and the encroachment is more particularly described in Exhibit "'Aar attached hereto, incorporated herein and made a part hereof for all purposes. 2. t All construction, maintenance and operafion in connec i h such ti w 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 authorized representative. Ali plans 8rid'specific" ations thereof sihialil be subject to the prior written approva�l of the Director of 'Transportation and P bilk Works, or his duly authorized representative, but such approval shall not relieve Gir tee of responsibility and liability for concept, design are computation in preparation of such plans and specifications. 2, 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 invoilved, 11 1 except as diesicribed herein and shown, on the hereinabove referred to Exhibit "A 4. Grantee, at no expense to the City, shall make proper provisions, for the relocation, and ins,talilation 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 shall pay to City an additional amount e ual 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 ublic or for any other public purpose. In this regard, Grantee understands, and agrees that City shall bear no responsibility' or liability for, 3 damage or disruption of improvements installed by Grantee or its successors, but City will make reasoinabile efforts to, minimize such densge. 6. In order to defray all cost's of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspect,ion or management of the encroachments and uses provided, for by this Agreement, Grantee agrees to pay to City at the time this Agreement is executed a fee in the sum, of Two Hundred Seventy Five Dol'l'ars ($275.00). 7. The term of this Agreement shall be for thirty years, cornmencing on the date this Agreement is executed by the City of Fort Worth. 8. 1: op o ' Upon termination of this Agreement, Grantee sh61t,', 6't the tio n f 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 Publ,ic Works, or his duly authorized repire sent ative, and in accordance with -then existin g City, speci'fications. It is understood and agreed, to by Grantee that if this Agreement terminates and Grantee falls 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. 4 9. It is 'further ulnderstoo�d and agreed upon between the parties hereto that the public righits-of-way, alleys, sidewalks It publ,ic right-of-way") to be used and encroached upon as described herein, are held by City as trustee for the publicM 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 plubilic 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,1 surface of overhead comr-riunication, drainage, sanitary sewerage, transmission of natural or electricity, or any other public purpose, whether presently contemplated or not, that this Agreement shall autornatica' lly'terminate. 10.1 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 wh,ich, a third party may have an interest, and Grantee agrees that it will obtain all necessary permission before occupying such property. 5 Grantee agrees to comp,ly fully with all applicable,federal, state and lo�call I laws, statutes, ordinances, codes or regulations in connection: with the construction, operation and maintenance of said limprovementy encroachment and uses. 12. Grantee 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. Grantee covenants and agrees that it shall operate hereunder as an independent contractor as to a,ll rights and privileges granted hereunder and not as an officer, agent, servant or employee of City and Grantee shall have exclusive control of and the exclusive right to control the details of its operations,1 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 rosy 'ndeat superior shall not apply as between City and Grantee its officers, agents, servants, employees, contractors and subcontractors, and nothing herein sh6111 be construed as creating a partnership or joint enterprise between City and G 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND, DOES HEREBY INDEMNIFY, HOLD HARMLESS AND, DEFEND, CITY, ITS 6 OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM, AND AGAINST ►IDLY 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 Y INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, CCUPANCY"`, USE, EXISTENCE LOCATION OF SAID IMPROVEMENT ANC ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, I WHOLE OR IN FART, BY ALLEGED, NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY- AND GRANTEE HEREBY Y ASSUMES ALL LIABILITY AND RESPONSIBILITY ILITY" FOR SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITE( PROPERTY ARISING, OUT OF OR IN CONFECTION WITH ANY AND ALL ACTS OR OMISSION'S OF GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,ES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS, 15. While this Agreement is In effect, Grantee agrees furnish City with a Certificate of Insurance, naming City as certificate hol w br„n as proof that it has w secured and paid for a policy of public liability insurance covering all public risks .r related to the proposed use and occupancy public µpro' rty as loicated arid 7 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 amounts sh, ll! be revised upward at City's option and that Grantee shell 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.' 16. Grantee 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 17. 8 In any action brought by the City for the enforcement of the obligations 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 Mager 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. 9 w.. v, EXECUTED this d4ay of 21 City Witcher Properties, Ltd. City of Fort Worth By. Witcher Properties Management Trust Its, Gener ui Partner By. Eby: a Ran Me Harwood d 1r 6. �0oftin Director for Title:Trustee Plan, ing and Development ATTEST: Approved As To Forma And Legality o� F city" Secre Senior Assistar it C ty Attorney FO M 10 X FoFFICIAL RECORD, CITY 6' r� SECRETARY FT* WORTH,, X '10 J., STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on, phis day person lly 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, arid, in the capacity therein stated'. IV E UNDER MY D AND SEAL OF OFFICE this Ldaay of 20 ISSANDRA F FOREMAN R A O:N CA '0 EM xos te ot T PublIC r StOte 0'TOXOS Notaly x onnMis,61ion Expires, my C ) 0 1 Notary Public in and for the 2017 Aiptil 26:ol:; State of Texas 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 Loftin Witcher,, known to me to be the person whose name is subscribed to the foregoing instrument,, and acknowledged to me that he!/'sih�e executed the same for the purposes and consideration therein expressed, as the act and deed of Witcher Properties Ltd., and ins the capacity therein stated. (231VE UNDER MY HAND AND SEAL OF OFFICE this day of 20 ay of I M AIN el �t 7exas VK CASSANDRA F. 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IV ��.,,arar�rwauwraana�ewaa�auwanvo�nww:wrwfmwml rrvar to��riwoirJnrr/orw�✓ ;',,,°„ -. .:ter,,,,,�r�r wwr/r°nmlw� � 400.0rrrwfanwartuxowM Jmmwm mramwmwr:oii /i ri z;,,;ter, www�d ,.rva?r�ruurrmra�i��ri,i r �,3 34 V` "W' ," 14 'lJQ)' �V swm DATE(MM/DD1YYYY1 CERTIFICATE O LIABILITY N NCB 7/30/2013 THIS CERTIFICATE, IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NCB RIGHTS LIIPON THE CER11FICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIV"EL"Y' AMEND, EXTEND OR ALTER THE COVERAGE,.AGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE E DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(), AUT'HI RI'ZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSLIRED, the poli ;y(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain p o,licil s may require an endorsement.ent. A statement on this certificate does not confer rights to the certificate holder in lieu of such endors+erl e,nt . PRODUCER CONT CY NAME: HUB Intl Insurance services PHONE 7.7 ��-� ..... TACK �.- 777 Main St Bata C-5 P No.,[Ext: ( C,No (817) 8701-0310 E,I"rllAiL ADDRESS. Fart Worth TX 781 : .... .....m INSU LER S)AFFORDING COVERAGE NAJC INSURER A:Travelers Lloyds Insurance Co. 41262 INSURED INSURER B: Witcher Properties, Ltd. INeURENN 3985 W. Vickery Blvd. INSURER D: Fort Worth TX 78107 INSURER E INSURER F COVERAGES GE,S CERTIF'ICATE NUMBER:C ert ID 45889 RE' ISIO NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWfTHSTANDING ANY REQUIREMENT,EI" ENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MENT WITH RESPECT TO WHICH THIS CER71-IFICATE MAY BE ISSUED OR MAY PERTAIN', THE INSURANCE AFFORDED BY THL POLICIES DESCRIBED HEREIN IS SUBJECT T TO ALL THE TERMS, EXCLUSIONS A D CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED E D B PAID CLAIMI S. INSR TYPE OF . UI POLICY Y EUF POLICY E�GII"' LIMITS LTF� INSURANCE IN WV POLICY NUMBER MIIMDIY1N'Y'4+'` MiMIL1►IYYY"' GENERAL,LIABILITY EACH OCCURRENCE $ 1,000,0001 E TO,A ACV COMMERCIAL GENERAL LIABILITY +88 038 22377' �� ,7 1 12/31/2013 PREMISES Ea Darren 500,00 0.-.— 51— OC'CUIR I E D EXP(Any one person) 10,1000 CLAIMS-MADE .� .. PERSONAL&A V INJURY $ 11000,000 .... ....... GENERAL AGGREGATE $ 2,0001,000 GEN'L AGGREGATE LIMIT LIES PER: PRODUCTS-CQI'wIIPIOP G► 2,0010,000 PRO-POLICY J LCC Iidanl $... AUTCriIC'�IILE LIABILITY E�NhJIB�NN'EI'SINGLE LIMIT I ANY AUTO BODILY INJURY(Per person) ALL OWNED SCHEDULED BODILY INJURY(Par AUTOS accident)� AUTOS AUTOS AINI CS"II"+IE© PROPERTY DAMAGE � P�ar acdtnl �-IRI �AUTOS ALI� .� —,[:— __..I—_UMBRELLA LIAR OCCUR ET EACH OCCU�NCE $ EXCESS LIMB AGGREGATE CLAIMS-MADE 2ED RETENTION WC WOWORKERS COMPENSATION!ATIONI S TATU'- C�1"I-I! AND EMPLOYERS"LIAIBIILITY TORY LII�w+IITB._, EFL ANY pR!r PRI!E`ORIP I TNER/E, EC'UTI "E Ll II� E.L.,EACH ACCIDENT T C'�FFiC�ERIMEmSffi EXCLUDED?.. NIA ndatoy in N) El.DISEASE E EMPLOYE ....... . n f I C 7J EL. II SEASE POLICY LIMIT CRIPTION OF OPERATIONS below DESCRIPTION RIPTIONN OF OPERATIONS I'LC'I«I ATIONS I VEHICLES (Attach AGOR'U 101,,Additional Rerna rks Schedule,it mare space is required) CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE ESC RIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ATIC N [SATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE FIANCE WITH THE POLICY P'ROVISIIC NS. city of Fort 'Worth 1000, ThrC41cklorton 'Street AUTIi I�EI7�REF"R ENTATIW'E Fort worth,h TX 76102 C 1588-2010 ACCORD CORPORATION.N. All rights reserved.