HomeMy WebLinkAboutContract 45467 n
CITY SECRETARY
CONTRACT NO, I CD
RIGHT OF WAY
ENCROACHMENT AGREEMENT
THIS AGREEMENT s made and entered into by and between the City of Fort
Worth, a municipal corporation, of Tarrant County, Texas, acting Derain by and through
its duly authorized City Manager or its duly authorized Assistant City Manager or
Plannincy and Development Department Director, hereinafter rare-red to as the "City"", and
Magnolia,olia, May, LL C, acting herein by and through its duly au"thor zed Co-managing
Mernber hereinafter referred to as "Licensee", Owner of the property located at 401 West
Magnolia Avenue, Fort or 11, "texas 76104 ("Property"),.
AGREEMENT
For and in consideration of the payment by Licensee of the fee set out below and
the true and f"aithf"ul performance an.ee L the mutual covenants herein contained, City hereby
grants to Licensee permission. to construct/uct/ i�nstall and/or allow t o remain.,
mpr emen,t.$) ('Improvement") that encroaches upon., uses and/or occupies portions of
the space under,er + n an alleys,�r a � � t � streets si 'ewalks, ��and�other public rights- f„
,
way, such Improvement(s) are described as rollows
Construction of handrails for stairs in f of builtling anplacement: of a 2,000 gallon
grease trap
The location and description of said Improvement and the encroachment is more
particularly described �� �� �r ed in exhibit A attached hereto, -inco o ra
.µ tad herein and made a
art hereof for all purposes.
2
All construction', ni.aintenance and operation in connection, with such
Improvement, use and Occupancy s � . . li- with this
i
shall � �r � �d � street`
Agreement and the Charter, Ordinances and Codes of t it' � � � e wi,th the
directions, of the Director f Transportation and P'uh u�� � ity*jlor��Jiis duly
g000ll
MAR 2 8 ZOR
2012 ROW Encroachment Agreement-Coniniercial Page I of 10
authorized representative. All plans and specifications thereof shall be subject to the
or written p,r i *tten approval of the Director of Trans,portati,on 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 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,
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 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.
2012 ROW Encroachment Agreement-Commercial Page 2 of 10
6;.
In order to defray all costs of 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 a plication fee in the sum of Two
Hundred and Seventy Five Dollars ($275.00). Upon execution of this AgTeement and
annually thereafter, Licensee agrees to pay a fee in the amount of$.56 per square/linear
foot of the encroachment area.
7.
The term of this Agreement shall be for thirty(3 ') 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-co,mpliance 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 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.
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
2 0,12 RAW Encroachment Agreement-Conn mercial Page 3 of 10
as described herein, are held by City as trustee for the public; that City exercises such
powers over the public nght-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 ri*g ht-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 penult 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.
104
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.
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
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.
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,
2012 ROW Encroachment Agreement-Commercial Page 4 of 10
Y.
servant, or employee of City and Licensee shall have exclusive con troi of and the
exclusive right to control the details of its operations, and all persons per fon-ning 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 sub contractors, and nothing herein shall be
construed, as creating a partnership or joint enterprise between City and Licensee.
14,
LICENSEE COVENANT S 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, EMPLOYE S, CONTRACTORS,
SUBCONTRACTORS, LICENSEES OR INVITEES, OF THE CITY P 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,
CONTRACTORS, SUBCONTRACTORS9 LICENSEES, INVITEES, OR
TRESPASSERS.
2012 ROW Encroachment Agreement-Commercial Page 5 of 10
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
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, Commercial General Liability
with 'the understanding of and ages ment 'by Licensee that such insurance an-iounts shall
be revised upward at City's option and "that Licensee shall so revise such ai-nounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall provide that it can-not 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
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
I
and keep in force such public liability insurance at all times during the term of this
Agreement and until the removal of all encroachirents and the cleaning and restoration of
the city streets. All insurance coverage, required, herein shall include coverage of all
NS 1�
Licensee contractors.
16,
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of more 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.
2 012 ROW Encroad-u-nent Agreement-Commercial Page 6 of 10
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 this contract without the prior written approval of the City
Manager or designee. Any attempted assignment without pn*or 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,.
EXECUTED this ,jL day of 120141 .
2 012 ROW Encroachment Agreement-Commercial Page 7 of 10
u
ty
Licensee
City f Fort Worth TYPE a no a May, LLC.
Randle Hai o a eAn rew Blake
Director Title_C'o-managi: g Member
Planning and Development
ATTEST: Approved As To Fors- anci Legality
C-7
!��Sf City Secretary Assistant City A o ey
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2012 ROW Encroaclunent Agreement,-Commercial Page 8 of
STATE OF TEXAS §
COUNTY OFTARRANT §
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 bethe 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 C1*tY of Fort Worth, and in the capacity therein stated.
s da y of
GIVE UNDER AND AND SEAL OF OFFICE thi
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tA�,FOREMAN
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Notary Public in and for the
State of Texas
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2012 ROW Encroachment Agreement-Commercial Page 9 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 Andrew Blake, Co-mama gmg Member, 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 Magnolia May, LLC.,, and in -the capacity
therein stated.
GIVEN "UNDER MY HAND AND SEAL OF OFFICE this day of
120
JENWER NICOLE BARNES
R"ES
MY Comftssion Exp1m N' ary Pub -tI 'in and for the
if"
Fobruary 14,2018
<0M State of Texas
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2012 ROW Encroachment Agreement-Conunercial Page 10 of 10
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MAC AY-01 J"'NI ILL OAT
DATE��f�IG�IYYY'Y
CERTIFICATE OF LIABILITY ICI RAN DATE
2/26/2014
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 AMEND, EXTEND, OR AFTER THE COVERAGE E AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT T BETWEEN THE ISSUING INSURER(S),AUTHORIZED,
REPRESENTATIVE CSR P"RO'DU!CER,AND TIME CERTIFICATE HOLDER.
IMPORTANT: If the certificate! holder is an ADDITIONAL INSURED,the policy es must he endorsed. It S'UEROGAT'iON 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 II i hits tt the
certificate holder in lieu of such endoraement s.
PRODUCER CONTACT'
NAME:
Gus Bates,insurance&Investments PH0NE I I 1 ��3 '- 5 mm� (A/CF..,. �� 2
2409 Forest Park Blvd. TMAIL ICti_�I�a.�Ext�_ No. 1"� .338-14,2.. .........
Fort Worth,TIC 76110 ADDRESS:
IIN�URER S AFFORDING IINC C "ERAGE INAIC
INSURER A.Essex Insurance Company
INSURED IINSURER B
Magnolia May,LL,C -INSURER C —.....
2929 W 5th'Street,Suite A INSURER c
Fart Worth,TIC 76107 INSURER E
INSURER F
COVERAGES CERTIFIICATE NUMBER: REVISION NUMBER,*,
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
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IINI DICAT"EI . NOTVVITHI:STANDINGi ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT Af T 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 THE TERMS,
EXCLUSIONS NS AMID CONDITIONS S CAF SUCH POLICIES.LIMITS SHOWN MAY HAND BEEN REDUCED BY'PAID CLAIMS.
m9 ' _ 1 IT I.SUI R,... .ry _ m_..... 'POLICY EFF POLICY E}CP .,.
LTR TYPE CAF'IINSURANC POLICY NUMBER III IDD Y MMIDO LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 190001,000
A X COMMERCIAL C EINEI AL LIABILITY 3DN7291 08/09/20113 08/0119/2014 IAA A ��
:)_. 101 ,000
CLAIMS-MADE OCCUR MEIN EXP(Any one person)IT_
GENERAL AGGREGATE ,a! ,C`I
GENIN'L AGGREGATE LIMIT APPLIES PER
PRODUCTS-CCIMPIOP AG
P
POLICY' R�� ,! LCC
COMBINED AUTOMOBILE LIABILICOMBINED SINGLE LIMIT
BCIIL
ANY AUiTC
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_. ...... . ..
A LL OWNED SCHEDULED
BODILY INJURY P r accident)
AUTOS AUTOS
ONLOWNED
PROPERTY DAMAGE
HIRED AUTO' AUTO .
LIMBRELLA LIAR OCCUR LEACH OCCURRENCE
Ex EIS LIAB CLAC N�-MAM E AGGREGATE
[AEI RETENTION
WC:ETA
TU- I CTH-
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AND EMPLOYERS'LIABILITY ILITY Y 1 N 1
ANY PR4 PRIETORIPARTI'NEI II E UTIVE E.L.EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? � N/A .� ......_...._ �..
(Mandatory In NIH) E.L.DISEASE-F—A EMPLOYE
If« ,describe under
IS
DESCRIPTION OF OPERATIONS NS bel E.L.DISEASE�POLICY'LIMIT
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach A CIRD 1011',Additional Remarks Schedule,,If more space is required)
CERTIFICATE HOLDER CANCELLATION
;SHOULD ANY OF THE ABOVE DESCRIBED POLICIES IIES BE CANIGELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE E 4 ILL BE DELIVERED IN"
City of Fort Worth ACCC,RDANC E WITH THE POLICY PROVISIONS.
1000 Throckmorton
Fort Worth,TIC 76102
AUTHORIZED REPRESENTATIVE
@'19,88-2010 AC Cmr'
AC O,RD 25(2010/05) The AC ORD name and logo are registered marks of AC OR .EXHIBIT