HomeMy WebLinkAboutContract 45488 RIGHT OF WAY Cff Y SECPZ-rARY
ENCROACHMENT' AGREEMENT CWRACT NOo!Ml: 11 WIN
THIS AGREEMENT is made and entered "Into by and between the City of Fort
Worth, a municipal corporation of Tarry County Texas, acting herein by and ugh
its duly authorized City Manager or its duly authorized Assistant City Manager or
Planning and Development,Department Director, hereinafter referred to as, the "City", and
c a har Tea Plasma, Inc. acting hearein by and through its duly authorized. Judy Smith,
Executive Vice President and C. .O. and Bare, Pomeroy, Vice Preside Finance,
hereinafter referred to, as "Licensee,,",, Owner, of the property located at 4085 E. Lancaster
Avenue, Fort Worth, Texas 7610!3 '("Property"),
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AGREEMENT'For and in ensider, . wn of the payment by Licensee �G thefee,set out below and
the true and faithful. perf ri-nane e of the mutual covenants hcontained, C,,i y hereby
grants to Licensee
Improvement(s),rven�uenl
� s), ( ) that encroaches upon, uses and./or occupies portions of
the space under, on and/or above the streets, alleys, sidewalks and other public rights-or-
way, such Improvement(s) are described as follows:
Parking lot lighting and lawn water
The location and description of said Improvement and the encroachment is more
particularly, described n Exhibit "A", atached here � "
� � e h'Or'oin and made
part hereof to r all purposes.
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2012 ROW Encroachment Agreement, Conunere al Page of 1
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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 J ransportation 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 r Fransportation and Public Works, or his duly
authorized representative, but such approval, shall not relieve Licensee of responsiblility
and liability for concept, design and computation in preparation of such plans and
speci.fications.
30
on completion of construction and installation of said Improvement and
there shall be no encroachments, in u�
thereafter, . 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 compani,es 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 ftiture 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
2 012 ROW Encroachment Agreement-Co mniercial 'Page 2 of 1 0
public or for any other public purpose. In this regard, Licensee understands and agrees
that City shall blear 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.
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 application fee in the sum of Two
Hundred and Seventy Five Dollars ($'275.01!0. Upon execution of this Agreement and
annually thereafter, Licensee agrees to pay a fee in the amount of$.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.
810,
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 fails 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 Encroachment Agreement-Commercial Page 3 of 10
it
9.1
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 its exercises, such
powers over the public right-of way as have been delegated to it by the Constitution of'
the to 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 to hereof determine in its solle discretion to use or cause or pen-nit the right of way
1 10
to be used for any other public purpose, inc.I tuaing but not being limited to underground,
surface of overhead corm .unit ation,, drainage, sanitary sewerage, transmission of natural
or electricity, or any other public purpose, whether presently conte laced or not, that
this Agreement shall automatically tern-unate.
10.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of perniitting Licensee to, construct., maintain and locate the Improvements over or within
t. e 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 pen-nission, Me re occupying such property.
11.
Licensee agrees to comply fully with all applicable federal, state and local laws,
statutes, ordinances, codes or regulations in connection, w i th 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.
201 2 ROW Encroachment Agreement-Coinmercial Page 4 of 10
13.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privi,legeS granted hereunder and not as an officer, agent,,
servant, or employee of City and f icensee shall have exclusive control of and the
exclusive right to control, the details of its operations, and all persons, perfonuing same,
and shall be solely responsi,ble 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 Licensee.
14.
LICENSEE COVENANTS AND AGREES TO INDEMNIFYAND 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
ABC R 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, AGENTSI SERVANTS,: EMPLOYEES9 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-Commercial Page 5 of"10
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACT'ORSI, SUBCONTRACTORS, LICENSEES, INVITEES, OR
TRESPASSERS.
15.
While this Agreement is in effect, Licensee agrees to furni'sh 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:
$1,000,000 Commet-clial G' era iabillity
with the understanding ofand 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 (I Ol) days prior
written notice to the Bunaing 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,, blinds and obligates itself, its successors and assigns, to maintain
and keep in force such public liability insurance at all times during, the to of this
Agreement and until the removal f'all encroachments and the cleaning and restoration of
'the city streets. All insurance coverage required herein shall include coverage of all
Licensees' contractors.
1.6.
Licensee agrees 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
2012 ROW Encroachment Agreement-Commercial Page 61 of 10
Agreement in its entirety in the deed records of Taffant County, ",Fe s. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth,
Texas.
17.
r%
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 assigruilent without prior written approval will be
void,
19,
THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION
CONTAINED IN PARAGRAPH 8 SHAL'Itj SURVIVE THE TERMINATION OF
THIS AGREEMENT.
20.
This Agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECtJTED this ay of 20
2012 ROW Encroadunent Agreement-Cornmerclal Page 7 of 10 41
4
IV
City Licensee
City of Fort Wo�rth Octapharma Plasma, Inc.
By- -
Fern do Costa Na,nl'eJ-. j dy Smith
Assistant Manager I itle: Executive V.P,. and COO
B y:
Name,-, Barry Pomeroy
Title. V.P. — Finance
IN
ATTEST: Approved As To Form and Legality
0ty Secretary Assistant City Attorney
mum �NUUlolol�mi�o
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IC10,4L RECOR,Di
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2 012 RO,W Encroachment Agreement-Co nurse rcial Page 8 of 10
city Licensee
City of Fort Worth ctapharma Plasma, Incl.
Byq. _7V B y:
Randle Harwood Nan .-Judy Smith
Nan
Director itle-.Executive V.P. an,d COO
Planning and Development
ATTEST'-,
By:__
Name: Barry: e oy
Title.- V.P.-Finance
Approved As To Fon'n and Legality
City Se6' t/r Asia ranCity Attorney
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OFFICIAL �RECORD ,
Cl"' SECM."TAIRY
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20 12 ROW Encroadmient Agreelnent-Corrmlcl.cial Page 8 of 10
STATE OF TEXAS
COUNTY OF TARRANT
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BE FORE ME, the undersigned authority, a Notary Public in and for the State of exas,
on thi's day personally appeared Ra,ndle Harwood, known to me to be the person. whose
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name is subscribed to the Boregoing instrument, and acknowledged to me that he/she
executed the same for the purposes and consideration therein ekpr ,ssed, as the act and''
deed of the City of Fort Worth, and in the capacity therein stated.
GIVEN ER MY H AND AND SEAL OF OFFICE this day of
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FORIMAN
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my C
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Notary Public in and for the
State of Texas
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2012 SOW Encroachment Agreement-Commercial 'age c of 1
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S1 INATE OF NORTH CAROLINA§
COUNTY OF MECKLENBURG§
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
North Carolina, on this day personally appeared Judy Smith, Executive V-P. and COO
and Barry Pomeroy, V.P. -: Finance', known to me to be the person who�se name is
subscribed to the foregoing instrument, and acknowledged to me that he/she executed the
sarne for the purposes and consideration therein expressed', as the act and deed of
Octapharma Plasma, Inc., and in the capacity therein stated.
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day of M7ay-
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
2013.
Notary Public in and for the
State of North Carollina
REBECCA S. HUFF
NOTARY PUBLIC
mewenburg County, North, Carolina
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My COMMion J7
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2 012 ROW Encroachment Agreement-(".ommerclai Page 1 0 of 10
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Client#:69878 118STRUHCO
ACO AB I R'DT. CERTIFICATE OF LILITY INSURANCE DATE(MMIDDIYYYY)
1 11/0512013
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 ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUINIG II"SURER( AUTHORIZED
REPRESENTA*rl'VE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certifi�a_�holder is an'-AD--D'-ITI—ON""A-L—I-'NS—URED,,—the p`6licy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.A statement on thi's certificate does not confer rights to the
certificate holder in lieu of such endorsemenit(s).
PRODUCER CONTACT"
NAME:
Wortham Insurance&Risk Mgt (AJC, FAA 817 3,36-3,030 fC, �817'336-8257
J NOL:
1600 West Seventh Street E-MAIL
ADDRESS:
Fort Worth,TX 76102-25015
IINSURER(S)AFFORDING COVERAGE NAIC#
8117 336-3030
INSURER A:Cincinnati Insurance Company 10677'
INSURED INSURER B:,TeXaS Mutual Insurance Company 22945
Struhs,Commercial Construction INSURER C:
1,210:9 Belknap
Fort Worth,TX 76102 INSURER D:
INSURER E,:
L INSURER F
COVERAGES CERTIFICATE NUMBER*, REVI'SIION'NUM'BER:
THIS IS TO, CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TICE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERE,I'N IS SUBJECT TOALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
..... .....
INSR ADDL��UBk POLICY EFF P LICY EXP
LTA TYPE OF INSURANCE INSR WVD POLICY NUMBER __!��� YWMMJDDIYYYY) LIM11TIS1111111111
A GENERAL LIABILITY ENP,002671 6/1�512013 06li5/2014 EACH OCCURRENCE $1 000.1,000
x-
DAM�A RENTED
X COMMERCIAL GENERAL LIABILITY PREMIslEs!&REN $5009,000
CLAIMS-M,ADE EXI OCCUR MEIN EXP(Any one person) $10,000
X PD Ded-11,000 1 PERSONAL&ADV INJURY $1,000,000
GENERAL AGGREGATE $2, 00,000
GEN't AGGREGATE LIMIT APPLIES PER.- PRODUCTS-C,OMP/OP AG G s2,000,000
...........
:XXLPRO-
EQT LAC $
...........- .............................
COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY ENP00267116 106/15/2013 06/15/2011 4 a accident) _..`gym
A _Jfic
ANY AUTO
BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS ___..........
N:ON-OWNED PROPERTY DAMAGE $
I–X HIRED AUT`C I x AUTOS Per accident
A X UMBRELLA,LIAR 7-
�ENP0026716 06/15/2013 016/15/20114 EACH OCCURRENCE $520100 000
x OCCUR
EXCESS LIAR CLAIMS-MADE AGGREGATE s5,000 000
DEC rION$ $
WORKERS COMPENSATION WC STATU- O,TH-
B SBP00011135234 08/23/2013 08/23/20__,_�—_x F_wT__0,CM_L,,,,TS,
AND,EMPLOYERS'LIABILITY _Ry 10ER
ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1 110901000
OFFICERIMEMBER,EXCLUDED? NIA
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1 000,000
If yes,describe under
DESCRIPTION OF OPERATIONS be,low E.L.DISEASE-POLICY LIMIT $1 1000
it
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DESCRIPTION OFOPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
Re.-Real Estate Development property situate Fort Worth,TX 76104
G 23 02/07 Contractor's Commercial General Liability Broadened Endorsement
IA4087 08/09 Cancellation Notification
WC4206 1 1/94 Texas Notice of Material Change Endorsement
GA101TX 09/10 Commercial General Liability Coverage
CERTIFICATE HOLDER CANCELLATION
The City of Fort Worth Department of De vellopm,ent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Aftn'" David!Schroeder,Planner ACCORDANCE WITH THE POLICY PROVISIONS.
1000 Throckmorton Street
Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE
Cne It 0-
11988-2010 ACORD CORPORATION,.Ali'rights reserved.
ACORD 25(2010/105) 1 of I The ACOR,D name and logo are registered marks of ACORD 180AS
#S41�3120/M398391
...................WNW"