HomeMy WebLinkAboutContract 45414 CITY SECRETA RV(A 5q
CONTRACT NOo
RIGHT OF WAY
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Fort,
Worth, a municipal n r "ation of Tarrant County, Texas,, acting by and through
its duly authorized City Manager or 'Its duly authorized Assistant City Manager or
Plarniing, and Development ent Depar ment Director, hereinafter referred to as the '(.City"
and Sundunee Plaza Buflaings, LLC acting herein by and ough its duly authorized
managing compa ny, Sundanc e Square Management, L.,P. hereinafter referred to as
"Licensee", Owner of the property located at 156 West 4th Street, Fort Worth, Texas,
76102 ("Property").
AGRE,EMENT
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 cerise pern fission to construct/ and/or allow to remain,
mpro ernent s ("Improvement") that encroaches upon, uses and/or occupies :portions of
the space e urn er', on and/or above the streets, alleys, sidewalks and other public rights-of-
way, such Improvement(s) are described as follows:
Install h g Taco,c+ e at Wiest nth street s southwest comer of
wilding
Install curved entry awning
Install 3 awnings over 3 storefront windows on West " Street
FOIFFFICIAL RECORD
RECEIVED MAR 0 7 101k CITY SECRETARY
FT.WORTH,TX
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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.
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
*fications.
s,peci
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 on the hereinabove referred to Exhibit"A".
4.
Licenseel, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
2
encroachment use and occupancy, ir tuaing the securing of approval and consent, Erorn
0
the utility companies and the appropriate agencies of the State and its pollitical
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 i,s made more costly by virtue of the construction,
maintenance or existence of such encroachment and use, Grantee shall pay to City an
additional amount equal to, such additional cost as, deterniined 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, satiety and welfare of the
public or for any other public, pUrpose. In this regard, Grantee understands and agrees
that City shall, bear no responsibility or liability for damage or disruption of
improvements installed by Grantee or its successors, but City will make reasonable
eff"orts to minimize such damage.,
6.
In order to defray all costs of'Inspection, and supervision which City has 'incurred
6 0
ill incur as a result maintenance ins ion or management of'
or w ult of the construction,, I pect'
the encroactunents 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 ($275. . Upon execution of this Agreement and
annually thereafter, Licensee agrees to pay a fee in the amount of$.,56 per square/linear
foot of the encroachment area.
3
7.
The term 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 sliall notify Licensee of the non-compliance and if not cured within thirty
(30) days this Agreement shall be deemed terminated.,
8.
on termination of this Agreement, Licensee shall., .t 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 Licensee falls to remove the
Improvement, Owner hereby gives City permission to remove the Improvement Inc any
supporting structures and assess a lien on the Property for the costs expended by the City
to remove such Improvement.
9.
It is further understood and agreed upon between the parties hereto that the public
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
4
.............
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,
surface of overhead communicatlon, drainage,, sanitary sewerage, transmission of natural
or electricity, or any other public pui-pose, 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 pern-titting, 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, License agrees that it will obtain all
necessary permission before occupying such property.
11.
Licensee agrees to comply fully with all applicable federal, state and local laws,
statutes, ordinances codes, or regulations, in connection with the construction, operation
L 5 P
and maintenance of said Improvement, encroachment and uses.
12.
Licensee agrees to pay promptly when due all 1*'*ees, taxes or rentals provided for
by this Agreement or by any federal., state or local statute, law or regulation.
13.
5
License 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 ornissions of its officers, agents, servants,
emp�loyee!s, contractors, subcontractors, licensees and invitees. The doctrine of
respondeat superior shall not apple 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 Licensee,.
14.
LICENSEE COVENANTS AND A ES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD, HARMLESS AND DEFEND CITY,, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYE ES, FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS
AND 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,
EXJSTENCE 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
6
LICENSEE, HEREBY ASSUMES ALL LIB BILITYAND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITSO 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,
CONTRACTORS9 SUBCONTRACTORS, 'LICENSEES, INVITEES, OR
TRESPASSERS,
15.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance, naming City as certificate hoilder, as proof that 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 ,mounts of such insurance shall be not less than the following:,
S1,000,000 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 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 Worth. A copy of such.
Certificate of Insurance is attached as attached as Exhibit "B". Licensee agrees to submit
similar Certificate of Insurance annually to City on the anniversary date of the execution
of this Agreement.
7
..............
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
Li*censees� contractors.
16.
Licensee gees 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.
In any action brought by the City for the enforcement of the obligations old
Licensee, City shall be entitled to recover 'Interest and reasonable attorney's fees.
18.
Licensee covenants and agrees that it will not ass,ig,n 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
v 'd.
of
19.
THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION
CONTAINED, IN PARAGRAPH 8, SHALL SURVIVE THE TERMINATION OF
THIS AGREEMENT,
8
20.
A
This Agreement shall be binding upon tne parties hereto, their successors and
assigns.
EXECUTED this 20
day of YV�'C�I
9
Ulty Licensee
City of Fort Worth S 'ance Plaza Buildings, LLC
IX,
By- BY ����
Randle Harty c a
e P
Deco r V* esident
Pliarining & Development
ATTEST.-, Ap�pro ed As To, Form And- Legaality
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"ty Attorney,
Sec .. .... istatit C1
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OFFICIAL RECORD
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CITY SECRETARY
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FTs VMRTHj TX l
10
STATE OF TEXAS §
COUNTY OF TAR RANT §
BEFORE ME,, the undersigned authority, a, Notary Public in and for the State of
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Texas, on this day personally appear�ed I kjiown to me to be -the person
whose name is subscribed to the foregoing instrument, and. acknowledged to me that
lie/she executed the same fo�r the puil)oses and consideration therein expressed, as the act
and deed oft e City of Fort Worth, and in the capacity 'therein stated.
GIVENUNDER MY HAND AND SEAL OF OFFICE this day of
ry
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C AS,S AN 1) siate ot Texas
WON Pubi
my comrnission Expires
ApIIIM2017 lotary Public in, and for the
tate of Texas
.......... .............
STATE OF 'TEXAS §
COUNTY OFTARRANT §
BEFORE ME, the unders,ig,ned authority, a Notary Public in and for the State of
Texas, on this, day personally appeared Johnny K. Campbell, Vice President, 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 Sundance Plaza Bufldings, LLC and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL O FF FICE th i day of;
20
AIL-
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pwft,fto Of Tun Notary Public in and :for the
M Cbffwrtbsion Expkw, State of 1.."exas
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JATEIMM/DDN YY
CERTIFICATE LIABILITY INSURANCE I1�R3r I I
THIS CERTIFICATE ATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS,NO RIGHTS UPON THE,CERTIFICATE, HOLDER,, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, 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 MOLDER
IMPORTANT: If the certificate ba'l'der IB an ADDITIONAL INSURED,the policy Ies mulct be endorsed. If SUBROGATION IS WAIVED,'EC, sl bject to
the terms and conditions of the policy,certain policies may require and endorsement.A statement on this certificate does not confer rights to the
certificate holder in Ilea of such,end�arsem nt(.$). c
PRODUCER ry J NaN/IEAC r -
Aon Risk Services Southwest, Inc,
( o ma cw .E tl: � � � c.Ny : (817), 339- 0
Fort worth TC office
301 Commerce merce Street E-MAIL
Suite 2101 ADDRESS: X
Fort Worth TX 76102 USA
INSURER(S)AFFORDING COVERAGE NAIU#
INSURED, INSURER A: Zurich American Ins Co 166 5 3
Sundance Plaza Bui 1 di nqs, LLC INSURER B:
201 main Street, quite 2700
Fart Forth TIC 6102 LISA INSURER c:
INSURER Iii:
INSURER E
INSURER Fa
COVERAGES CERTIFICATE NUMBER:570051732872 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES IES CAF IN'SU'RANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES IE a DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN 11r'IAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested
POLICY�J�HER ' LIMITS TYPE OF INSURANCE IN$R MS W�ITT WN IDDYYYY
A GENERAL LIABILITY CPCB EACH OCCURRENCE $1,0",C ,000
A N D $1 11001Y,000
X COMMERCIAL GENERAL LIABILITY REMISES Ee ac urren e
CLAIMS-MADE OCCUR MEND ESP(Any one person) $5,000
PERSONAL ADD JURY
PERS IN $10000,000
Per L A� 1 NJrn�ul
GENERAL AGGREGATE $21,000,000
cl)
CEN L AGGREGATE LIMIT APPLIES PER:
PRODUCTS-CCMPIOP AGG $2,0010,000 LO
POLICY PRt- 7X LOC, 0
Ln
r~-
AUTOMOBILE LIA131UTY COMBINED SINGLE LIMIT
Ea acciden0
ANY AUTO BODILY INJURY(Per person)
ALL OWNED SCHEDULED BODILY INJURY(Per accident)
AUTOS AUTOS
PROPERTY DAMAGE
Nth N ,W�FN E d
AUTOS HIRED AUTOS Per accident)AUTOS
UMBRELLA LIAR OCCUR
EACH OCCURRENCE
EXCESS LIB CLAIMS-MACE AGGREGATE
IEC� RETENTION
WORKERS COMPENSATION AND WC, STATU- 4TH-
EMPL
DYERS"LIABILITY YIN TORY LIN IITE ENS
ANY PROPRIETOR/PARTNER/EXE+CU I I'VE E.L.EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? N/A
(Mandator in NH) E.L.DISEASE-EA EMPLOYEE
It es,describe under If OF OPERATIONS below E.L.DISEASE-POLICY LNMPT �.�.
DESCRIPTION OF OPERATIONS aTION S I LOCATIONS T VEHICLES ,Attach ACO,RD 1011,,Additional Rernarks Schedule,if more space is required) .
Re: ��nag»� Encroachment for Taco Diner 156 4th Street, Fort wocrth, TIC
certificate Holder s included a Additional Insured as required by written contract, but limited to the operaLicns of the
insured under said contract, per the applicable endorsement with respect to the General Liability policy.
HOLDER CANCELLATION
CERTIFICATE HC R�
SHOULD MY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, (NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS. NMI
City of Fort worth AUTHORIZED REPRESENTATIVE
1000 Throckmort an
Fort worth TX 76102 USA
et,�C9
@1988-2010 C AC ORD CORPORATION,All Fights reserved.
AC ORD 25(2010/05) The ACORD name and logo are registered marls of AC ORD
EXHIBIT