HomeMy WebLinkAboutContract 45468 CITY SECRETARY
CONTRACT NO,,
RIGHT OF WAY
ENCROACHMENT G ■MENT
O MME C
THIS .G E NT is 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 duly authorized City Manager or its duly authorized Assistant City Manager , r
Planning and Development e artment Director, hereinafter referred to as the "City", and
Paulus Properties, LLC, acting herein by and through its duly authorized President
hereinafter referred to s "Licensee", er of the property located at 13'16 Fast
Lancaster A venue, P"ort Worth', Texas 761 O2 ("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
ants to Licensee permission to onst c install and/or allow to remain.,
Improvement(s) ("Improvement") that encroaches upon, uses and/or occupies portion of'
the space under, on and/or above -the streets, galleys, sidewalks and ether public rights-of-
way, such Improvement(s)) are described as follows.-
Tilt-wall' masonry building extends 28" into the easement on the west at Poplar Str et
f6r 2'adjacent to s e a
The location .n.d description of said Improvement and the encroachment is more
particularly described in Exhibit A"'. attached hereto, incorporated herein and mead.e a.
part hereof for all purposes.
20
All construction, maintenance and operation in connection with such
Improvement, use and occupancy shall be performed in �
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�ROW Encroachment Agreement-Commercial Page I of 1
improvements in seal ted by Licensee or its successors'. but City will make reasonable
efforts to minimize such damage.
6.
In order to defray all costs of inspection and supervision wh:ich 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 application fee in the sum of Two
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 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 shall notify Licensee of the non-compliance 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-o-f-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 to rates and Licensee fal"Is 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.
910
2012 ROW Encroachment Agreement-Commercial Page 3 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 e ormin g, 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 partnership0l7joint enterprise between City and Licensee.
1,4*
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/Olk 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 GRANTEDHEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, OR INVITEESI OF THE CITY; AND
LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKIEWISE 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 ROW Encroachment Agreement-Commercial Page 5 of 10
recorded, the original shall be returned to the City Secretary of the City of''Fort Worth,,
Texas.
1701
to 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.
1,8*
1-,icensee 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.
19'a
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 th is 1,%day of f VV, C, 2,0
2 0,12 ROW Encroachment Agreement-Commercial Page 7 of 10
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE MEN, the undersigned authority, a Notary Public in and for-the State of Texas,
on this day personally a eared." andle Harwood, known to me to be the person whose
name is subscribed to the foregoing nstrrument, and acknowledged t o 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.
4
BEN U ER MY AND SENL OF OFFICE th.i dad of
� N
CASSANDRA F. FOREMAN
or lI
My CornmIssion Explires
rile ,
Notary i c in and,for the
State of Texas
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GARK Y wo v'IL LE" B R O'er K E S BAKER SURVEYORS p ddROOKIM MAXAM( 2*1 i
Al P'110FNCN10"A L CORPORATIon JOHN F.IMAXAS4, CONSULTAM
FR=1 NON'. I+NONiN'IS, LAND DOL11V6DARY AND TOPOORAPHIC SURVIMylNa 11-J-N "Ro CO N,SULT ,
a RICHARD DAVIS, Jam,. 4117-335-7151
ULTRO 412-6 1 1
FORT WORTH, TEXAS 76102
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adjacent t t 1 in Block 89 of Texas & Pacific Railway Company's A
in the o �y Texas
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the map recorded in volume 33 page 141 the Tarraiat County Deed Records ;r
Prepared January 10I
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Encroachment ..
adjacent tol.Lot 1 in, Block Texas & Pacific Railway Company a Addftim
in the City Fort, Worth, in Tarrant County Texas as said Lot appears upon
the' recorded volume 3, I e 1,41 of the Tarrant County� ' I
Prepared January 10, 1986.
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PAUPR-2 CAP ID CCU
CERTIFICATE OF' LIABILITY INSURANCE DATE
03/0712014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON, 'TH'E CERTIFICATE HOLDER. THIS
CERTIFICATE ATE D ES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AP"EORDED BY THE POLICIES
ICIES
BELOW'. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE STITUTE Ar CONTRACT BETWEEN THE ISSUING IN S,URER(S), AUTHORIZED
IZED
REPRESENTATIVE:OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: It the certificate holder is an ADDITIONAL INSURED,the poIIcyP(i ) must be endorsed. It 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 endorsement
PRODUCER INAIIAIIE: Kim Terrell
Kilpatrick Insurance PHONE �?"- ��� �AX
er� ,Inc. vc � 8117-731-05,20
2 10 N"+�ontgomery Streit AIDRESS:
Ft.Worth,TX 76107
Kim Terrell INSURER(S)AFFORDING COVERAGE N AIC
INSURER A:Union Standard Insurance Col. A .
INSURED Paulo Properties erties LIc INSURER I
6708 Ashbrook Dr.
Fort Worth,TX 76132 INSURER C
INSURER D
INSURER E
INSURER F.
COVERAGES RAC ES CEIRI FIC A►TI NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUES TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING DINS ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO,WHICH THIS
CERTIFICATE I1111A"Y ICE 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 BEEN REDUCED BY PAID CLAIMS.
IN SR TYPE OF INSURANCE ADDL LIMII POLICY NUMVIBER I�� C � IC EXP LIMITS
LTR
GENERAL LIABILITY EACH OCCURRENCE $ 1111000:,0:00
A� C C�WIfII+'IERC�IAL GENERAL LIABILITY +�P'�4�I7I�142�35 �M1101eI�"I14 Q1l�l'I1�I1;� PREMISES MISES Ea oc+currenge 100,00
E
CLAIM'S-MADE X OCCUR MED EX (Any one person) $ 15,00
PERSONAL&ADV INJURY 11000,00
GENERAL AGGREGATE $ 2,0100,010
EN"L AGGREGATE LIMIT APPLIES P"ER. PRODUCTS-C� P/C P5 A $ 21000,
7 POLICY PRO- L $
COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY (Ea acoiclegt
ANY A,U�TCJ
BODILY INJURY or person), $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
HIRED AUTOS AIJT-OWNED PROPERTY'DAMAGE $
PER A�CCIDEI
$
UMBRELLA UAS BUR EACH OCCURRENCE $
EXCESS I. C CLAIMS-MADE E oAG REGATE $
DEl RET"EItiNTI $ $
WORKERS COMPENSATION �STATLJµ C>TI-I
AND EMPLOYERS' I
ANFF RIPTt ART ERJE EC UTIVE N l A E.L.EACH
ACCIDENT $
OFFICER/MEMBER EXCLUDED?
(Mandatory In N'H) E.L.DISEASE-EA EI4�P"LC3�'E
If es,d scfi,be net
0 SC�R�IPTION OF OPERATIONS be E.L..DISEASE-POLICY LIMIT
DESCRIPTION IP"TIC'I N CAF OPERATIONS I LOCATIONS t VEHICLES (Attach,AC O RD 101,Additional Remarks,Schedule,If more space Is required)
13,16 E.Lancaster AVe. ; Ft. Worth, TX
CERTIFICATE HOLDER CANCELLATION
CITF'T-1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED EL.LED EFO E
TIME EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Fort WCII""th ACCORDANCE WITH THE POLICY PROVISIONS.
David, Schroeder
1I 010 ThM"+CIM II m+ M"t+I n _ AUTHORIZED IZED REPRESENTATIVE
1988-20111 O ABC ORD CORPORA-rm. All rights reserved.
AI4C OR 25(2010/05) The AC C RC name and logo are registered marks of I C GRID