HomeMy WebLinkAboutContract 45187 CITY
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AITRAPAr
RIGHT OF WAY
ENCROACHMENT AGREEMENT
T S AGREEMENT 1s 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 du.1y authorized City Manager or its duly authorized Assistant City Manager or
Planning and Development Department Director, hereinafter referred to as the "City", and
LINBECK, GROUP, L,LC acting herein by and through its duly authorized Vice
President hereinafter referred to as "Licensee"', wrier of the property Ideated at
Feat 7th Avenue, Fort Worth, Texas 76104 ("'Property").
AGREEMENT
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
rants to
Licensee permission, construct/install and/or allow to reriarn, Improvement(s)
("Improvement"') that encroaches upon, uses and/or occupies portions of the space under,
on ark./or above the streets, alleys,, s c,ewa ks and other public rights-of-way, such
Improvement(s) are described as follows:
This encroachment s for the foundation and piers for a hewer crane. The crane will be
used for the construction of a new tower at Cook Children's Medical Center. after the
construction of the tower, the crane will be removed. The foundation and piers will
remain in place and be covered by the pavement for the street.
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.
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2 1 12 ROW Encroachment Agreement-Commercial
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 his duly
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
speci cations.
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 o�n,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 b�y, constructed by or on behalf of the
public or at public expense is made more costly by virtue of 'the construction,
nse
maintenance or existence of such encroachment and use, Lice e shall pay to City an
I
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
20112 ROW' Encroachmetit Agreement-Commercial Page 2 of 10
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.
6,
A
In order to defray all costs of inspection and supervision which City has incurred
ill incur as a result of the construction, 0 1 #
or w 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 ($,2,75.00). Upon execution of this Agreement and
annually thereafter,, Licensee agrees to pay a fee in the amount of$.56 per sure linear
foot of the encroachment area,
70
The term of this Agreement shall be 1"or 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
jo -compl* I I
Licensee. City shall notify 1.icens,ee of the non iance and if not cured within thirty
days this Agreement shall be deemed terminated.
8*1
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 L'icensee 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.
2012 ROW Encroaclunent Agreement-Commercial Page 3 f 10
..........
9•
It is further understood and agreed upon between the parties hereto that the public
rights-of-way, alleys, s,idewalks ("public right-of-way") to be used 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 duty and
its legislative power to control the public right-of-way for -the use and benefit of the
p�ublic. 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.
it,
Licensee agrees to comply fully with all applicable -federal, state and local laws,
statutes, ordinances, codes or regulatio�ns 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.,
2012 1 W Encroadirnent Agreement-Commercial Page 4 of 10
.............
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,
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 I'icensee.
I .
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 OIL 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
2012 ROW Encroachment Agreement-Comr-nercial Page 5 of 10
LICENSEE, ITS OFFICERS, AGENTS9 SERVANTS9 EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS9 LICENSEES, INVITEES, OR
TRE SASSES.
151#
While this Agreement is in effect, Licensee agrees to furnish City with a
I It
Certificate of Insurance ing City as certificate holder, as proof that it has secured and
nami I
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 I-,icensee 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 i's 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, as, successors and assigns,, to maintain
and beep i 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 sure of money to be used to pay, necessary fees to record this Consent
2012 ROW Encroachment Agreement-Commercial Page 6 of 10
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 or Worth,
'I"exas.
170
In any action brought by the City for the enforcement of the obligations of
Licensee, City shall be entitled to recover inter st and reasonable attorney's fees.
186
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.
,1 9.
THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION
CONTAINED IN PARAGRAPH 8 SHALL SURVIVE T:HE TERMINATION OF
THIS AGREEMENT,
20.
This Agreement shall be binding upon the parties hereto,, their successors and
assigns.
,0/ 201
EXECUTED, th's day of
1
'VIM,
2 012 ROW Encroac4ment Agreement-Commercial P age 7 of 10
City of Fort Worth L n eck Group LLC
Randle Harwood Name: Mark A. Linenberger
Director Title: Senior Vice President
Planning and Development
ATTEST ,approved As To arm and Legality
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City Seer ° ssis an't City Attorney
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0 OFFICIAL RECORD
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CITY SECRETARY
7
F I WORTH,
To W TX
2012 ROW Encroachment Agr a t-Com m r�cia
STATE OF TEXAS §
COUNTY OF TA NT §
BEFORE ME, the undersigned authority, a Notary Public iii, atid for the State of Texas,
on, this day personally app�eared Randle Harwood, known to me to be the person w,hose
nan'ie 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 Cifty of Fort Worth, and in the capacity therein stated.
GIVEN D R Y. ' AD AND SEAL OF OFFICE this day of
v
A�, CASSANDRA F. FOREMAN
Notary,PUWC,SPWO of TWO$
my commission svires
'PIP
April 261, 2017
Notary Public in and for the
State of Texas
2012 ROW Encroachment Agreement-Comm nercial Page 9 of 10
STATE OF TEXAS §
COLNTY OF TAR RANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
110 exas, on this day personally appeared Mark A. LinenBerger, Se or Vice Presi"dent,
known to me to be the person, whose name is subscribed to the foregoing 'instrument, and
acknowledged to me that he executed the same for -the purposes and consideration therein
expressed, as the act and. deed of Lineck Group, LAC, and in the capacity therein
stated.
GtVEN UNDER MY HAND AND SEAL OF OFFICE this 4 bV4%`day of
120
ML AOL AOL 'ALL AEL
NOR:MA IDALIA ZAMARRIPA
my commission Expires No Publi in an for the
r or October 3, 2014
State of Texas
2012 ROW Encroachment Agreemeiit-Commercial Page 1 0:of 10
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LIN GRO02 SINGH,S
DATE lI IrtY
CERTIFICATE LIABILITY INSURANCE
1122/20 3
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"ELY A END, EXTEND OR ALTER THE COVERAGE GE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
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REPRESENTATIVE OR PRODUCER,AND THIN CERTIFICATE HOLDER
.....� �...... �.........
IMPORTANT If the certificate holler is an ADDITIONAL INSURED,the policy ieS must be endorsed. If S IFIROGATIO,N IS WAIVED,Subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement parr this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Willis of Texas,Inc., � )�... ......�'-237 Ext �` 6 Cent EIv'd. +
��P.O.Eon 3t �1
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ADDRESS:
Nashville,TN 37230-51911 ..........
INSiIJRER(S)AFFORDING COVERAGE NAIC
INSURER A,Arch Insurance Company 11150
INSURED INSURER B
Linbeck Group,LLCM. INSURER C
Cindy Gernirlllo IINS...�,. �.....m
Attn�O Ww�........�_. ..
3900 Essex Lane,Suite 12001 _�__.........
Hiou ton,TX 77027 INSURER E
INSURER F
COVERAGE,COVERAGE,S, CERTIFICATE LIMBER REVISION NI„IMDIER:
THIN IS TO CERTIFY ""HAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO,THE INSURED NAMED ABOVE FOR TRIP POLICY PERIOD
INDICATED. NOTWITHSTANDING DING AIRY REQUIREMENT, TERM OR CONDITION ITION OF ANY CONTRACTOR CSR 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 TIME TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.S.LIMITS SHOWN MAY HA"" E(SEEN REDUCED BY PAID CLAIMS.
LTR 'PE OF INSURANCE INS "M�'W'VD POLICY NUMBER �MMtP MlVPI9I�D LIMITS
INSR l� ..... .. I�f�L I� _�.. .... POLICY E'FF POLICY��..... _. .. ...
GENERAL LIABILITY EACIII C1C;C:URIENCE $ 2,000,+x'00
41 P1�G83913ti4 1�2012012 12120120113 � � .
DA CAE TC 'E��JTE .....
A r
COMMERCIAL GENERAL LLA ILITY PREMISES � ........ ,� '
CLAIMS-MADE
OCCUR IvIF ESP An one person) '
PERSONAL&AI's'INJURY $ 23 + O',00Cl'
' . .
I ' .
[GENERAL AGGREGATE. � �W
4,' , 0
N"L AGGREGATE LIMIT APPLIES PER: PRODUCTS
-COMP/OP AGG 4, 00,00
RO-
POLIC Y F"
IE T I LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
� I�denl
ANY AUTO BODILY INJURY(Per person) $
BODILY INJUR.....m
ALL OWNED SCHEDULED EOWW Per accident)
AUTOS AUTOS
C
N N-OWNE I PR P ff R-r_YD AMAAOE
HIRED AUTOS AUTOS PIT,ACCIDENT)_.................. ........
UMBRELLA LIAR OCCUR EACH OCCURRENCE $
EXCESS LIAR CLAIMS-MADE
AGGREGATE
DEU
_RETENTION �..m..
ORKER..mm,._ _.. ...A _
S,COMPENSATION WC,STATL CTH
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TORY LIU�
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AND EMPLOYERS'LIABILITY Y ITS
ANY P O RIETOR/PARTNERIE ECUTIVE['— EL.EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L,CI EA SE-EA E MPLOYE
If saes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE POLICY LIMIT $
...................
DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (Attach ACORD 101,Additional Remarks Schedule,III more space is required)
CERTIFICATE HOLDER CAA NCELL.ATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPI TIC I DATE THEREOF, NOTICE WILL. BE DELIVERED, IN
ACCORDANCE WITH THE POLICY PROVISIONS.
.�a... �.... _..... ..
AUTHORIZED REPRESENTATIVE Exnmff
City of Fort Worth
1000 T hrockr rorton Street
___rt..,Worth, X 761 q
1988-2010,ACORD C
AC ORD 25(20110/05) The AC ORD name and logo are registered marks,of AC ORD