HomeMy WebLinkAboutContract 45188 CITY SECRETARY
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CONTRACT NO,
RIG OF WAY
ENCROACHMENT AGREEMENT
(COMMERCIAL)
THIS AGREEMENT is made and entered into by and between the City of Fort
Worth, a municipal core rati n of Tarrant County, exas, acting herein by and through
its duly authorized City Manager or its duly authorized Assistant City Manager or
Planning and Development Department DTrector, hereinafter referred to as the ""City" and
LINBECK GROUP, L C , acting herein by and through.ugh, its duly authorized Vice
President hereinafter referred to as "Licensee Owner of the property looted at 8
West 7th Avenue, Fort Worth, Teas 761014 ("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
�" npro "ement' that encroaches up on, uses and/or occupies portions of the space sunder,
on and/or above the streets, alleys, sidewalks s and other public rights-of-way, such
Improvement(s), are described as follows:
This encroachment is for encased electric conduit lines. The encasement is ±2.6' wide
and runs the width of 7th Avenue (±57')
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.
All constrtuction., maintenance and operation in connection with such
Improvement, use and occupancy shall he performed in strict compliance with this
Agreement and the Charter, Ordinances and Codes, f"'the City and in accordance with the
OFFICIAL RECORD
2012 ROW Encroachment Agreement-commercial cITY SE,CR F�'E 0 �j
Fre WORT
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
specifications.
3.
Upon completion of construction and ins,talla,tioln 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 on the hereinabo�ve 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, relo�cation 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
20,12 RO,W Encroachment Agreement-Commercial Page 2 of 10
4:
i improvements nstalled by Licensee or its successors, but City will make reasonable
efforts to minimize such damage.
6.
I of n order to defray all costs 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 ap lication fee in the sum of Two
It
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 per square/linear
foot of the encroachment area.
7,
The to of this 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 ji not cured within, thirty
days this Agreement shall ,he deemed terminated.
so
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
Fransportation and Public Works, or his duly authorized representative, and in
i
eN
accordance with then existing (-,, ty specifications. 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 any
supporting structures and assess a lien on the Property for the costs expended by the City
to remove such Improvement.
9.
201 2 ROW Encroachment Agreement-Commercial Page 3 of 10
It is further understood and agreed upon between the parties hereto that the ub,lic
p
rights-of-way, alleys, sidewalks ("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
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 tea 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.
to,
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 icens,ee 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 regulations, in connection with the construction, operation
and mainteriance of said Improvement, encroachment and uses.
U.
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.
2012 RO,W Encroachment Agreement_Commercial Page 4 of 10
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 enter prise between City and Licensee.
I .
LICENSEE, COVENANTS, AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANT'S 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, 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
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
2 012 1 OW Encroachment Agreement-Commercial Page 5 of 10
CONTRACTORS, SUBCONTRACTORS9, LICENSEES9 INVITEES, OR
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
aid for a policy of public i bi ty suranc e coveri,ng, all public risky related o the
proposed use and occupancy of public property as located and described in Exni it A",
The amounts of such insurance shell be not less than the following:
$1,000,000 Commercial General Liability
with the understanding,ding, of and agreement by Licensee that such insurance amounts shill
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 he canceled cele or amended without at least ten ) days prior
written notice to the :wilding ficial of the City of Fort Werth. A copy of such
Certificate of Insurance is attached as attached as Exhibit "B". Licensee grass to submit
a similar Certificate of Insurance annually" to City on the anniversary date of the
execution
of this Agreement.
Licensee agrees, hinds and obligates itself, its successors and assigns, to maintain
and beep in fo�rcc 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 accessary fees to record this Consent
Agreement is its e tircty i n the decd records of Tarrant County, Texas., After being
2012 ROW Encroachment Agreement Commerci 11 rage 6 of 10
recorded, the original shall be returned to the City Secretary of the City of Fort Worth,
Texas.
17.
In any action brought by the City for the enforcement of the obligations of
Licensee, City shall be entitled to recover interest and reasonable attorney's fees,.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under the contract without the prior written approval of the City
Manager or designee. Any attempted assignment without prior written approval will be
void.
1940
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.
sift
EXECUTED this lay of 20
- 1
2012 ROW Encroachment Agreement Page 7 of 10
City 1,".icensee
City of Fort Worth Lin k Group LLC
;>
6-00' 110000
By.- By
Rand]l4Harw,,d Name-. Mark, A. LinenbeLger
Director lltle.-- Senior Vice President
Plann.ing and Development
ATTEST Approved As To Form and', Legality
1100 0/
City Slecretar Assistant City Attorney
"t 000000000CP
112
,OFFIC,IAL RECORD
2012 ROW Encroach Illient A reeme nt-Commercial CITY SECRMWo i o
9
"I TX
STATE OF TEXAS, §
COtJNT'Y OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of rl"exas,
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 UNDER MY HAND AND SEAL OF OFFICE this a,y of
MAN
f Texas
pirs
MY '01nm e
April, 26' '0'21017
Notary Public in and for the
State of".Fe as
2 0,12 RAW Encroachment Agreement-Commercial Page 9 of 10
STATE OF TEXAS §
COUNTY OF TA §
BEFORE ME, the und erg,ifined authority, a Notary Public in and for the State, of
Texas, on this day personally appeared Mark A. Ll*nenBerger, Senl'or Vice President,
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 Ll*nb�eck Group, LLB", and in the capacity therein
state..
GIVEN UNDER MY 11A AND SEAL OF OFFICE this day of
2 01
...........
BECKY FREE
�y F R
J',j()tjf'y blic, State of Texos
C rn n'i i s s i c
,c Expires
�2
June '10, 2017 Notary Pubhc in and for the
State of'I"exas
201,2 ROW Encroachment Agreement-Commercial Page 1 0 of 10
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L.INBGR - 2 SI GHSU
CERTIFICATE OF LIABILITY INSURANCE
DATE(1MIIV,IDDI'YYYY)
11/22/2013
THIS CERTIFICATE IS ISSUED AS A. MATTER OF INFORMATION iIATION NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE' DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER TIFF COVERAGE AFFORDED BY THE POLICIES
BELOW. 'TH'IS CERTIFICATE ATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING,INSURERS ,AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE,HOLDER.
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an ADDITIONAL IIrJSU ..
II"�M�'C�RTAINT: If the certificate IC�lder is � ED,the pMMicy(Me rrlul:t be endrarsed. If 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 endorsements . p
CONTACT
P t LMCER� NAME
I� tug Texas, PHONE E. _.._._�.. �.u .� _.... ..
;(87 945-7�
P.O.Box 30591 ADDRESS-
Nashville,TN 37230-519I
INSURER(S)
INSURER A:Arch Insurance Company 11150
INSURED
lNsl..lRER
Linbeck Group,LLC. INSURER C
Attn:Cindy Camarillo
,..._ .
...�.._J. �.....e __.... _ _.e._. �._ � _ .....
3900 Essex Lane,Suite 1200 Iihl���� D1:_1
Houston T'X 77027 INSURER E.
COVERAGES CERTIFICATE NUMBER: REVISION,NUMBER-
TA IS IS TO CERTIFY" THAT THE POLICIES OF INSURANCE NCE LISTED BELOW HAVE BEEN,ISSUED TO THE INSURED NAMED ABOVE FOR TIME POLICY PERIOD
INDICATED.,ATEL. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT CST CSR OTHER DOCUMENT WITH RESPECT T01 WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH!POLICIES LIMITS SHOWN MAY HAVE BEEF REDUCED BY PAID CLAIMS.
ILT Arai L WV POLICY I�LIMBEI� I POLICY �"... _
POLICY ExP — LIMITS—. _ � ....
.. ..._�,. �._ ..._TYNN�E IhI�LIRAN�I�E _.��..� _..W.__
GENERAL LIABILITY EACH OCCURRENCE 2s000j000
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PREMISES Ea occurrence
.CLAIMS-MADE � OCCUR � QED ESP(Any one-person) ...... _...._ 101,00,
PERSONAL W
PERSOhJAL D INJURY ..v_
GENERAL AGGREGATE $ 4s()001000�
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EN'L AGGREGATE LIMIT APPLIES PEA. PRODUCTS-CaIPrtP �� ......�.....___..._...� "..1�0 ...._,O 0
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POLICY X PRO- � $
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AUTOMOBILE LIABILITY
COMBINED ED SI GLE LIMIT
ANY AUTO BODILY INJURY Per person).�... ..�.. _ � ..�...
ALL OWNED SCHEDULED BODILY INJURY Y Per accident
AUTOS AUTOS
NON-OWNED....._..v_� � ....�PROPERTYDAMAGE
BIPED AUTOS ALTS �E.EC,.A. T
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B
UMBRELLA LIAR OCCUR _EACH OCCURRENCE $
EXCESS LIAB � AGGREGATE
=0ED1 RETENTION$,
N I MI NI ER COMPENSATION W STATIC.. OTH-
AND EMPLOYE S'LIABILITY Y/..N FE.L.�_.�.TORY Y L�� �� _...
��Y PR PRIET PARTNE ACCIDENT $
PIQ�EI�'IVIEI1riEEl�EDLLID��' E:DUTI"E F-1,.. I I�I A EACH A�...., ,... a..._ .v._� —....� ..._
(Mandato ry in NCI � E.L.DISEASE-EA EMPLOYE $
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If Yes,describe under E.L.DISEASE POLICY L. $DESCRIPTION O OPERATIONS below
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DESCRIPTION OF OPERATIONS I'LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
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CERTIFICATE H OLDER CANCELLATION,
SHOlUL D ANY OF THE ABOVE DESCRIBED RIBEL P LICIES BE CANCELLED BEFORE
THE EXPIRATION IRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED F IZED REPRESENTATIVE E"1131T B
City of Fort Werth
1000 Throickmortoin Street it
--jF,ort W rt l�TX `ICI
19881-2010 ACOR D CORPORATION. All rights reserved.
AC RY 2 (2010/05) The ACC RC name and low are registered marks of ACORN