HomeMy WebLinkAboutContract 45561 CrrY SECRVAW
RIGHT OF WAY
ENCROACHMENT AGREEMENT COWRACT No,,
THIS AGREEMENT is made and entered into by and between the City of Fort
"
girth, a municipal corporation of Tarrant County, Texas, act
g herein y and through
its dull authorized City ale or its duly authorized Assistant City Manager or
Plam-ling and Development Department Director, hereinafter referred to as the "City,", and
Career Development, LP, acting herein by and through its duly authorized Managing
rtner, Thomas B. eyno s, hereinafter referred to as "Licensee", Omer of the
property located at 459 South Calhoun Street, Fort Worth texas 761 "is ed as 50,E
,56 (alhoun on some records) rope y")-
AGREEMENT
For and in consideration of the payment by Licensee of the fee set out below and
the true and faithful performance of themutual covenants herein contained, City hereby
rants to Licensee permission and/or allow to ,
ror. to ccrstr�ct install a��
Im rovcrnent
s) (",Improvement") that encroaches upon, uses and/or occupies portions of
the space under, on and/or above the streets, alleys, sidewalks'and other public r`i hts-of-
way, such Improvement(s) are described as follows:
Exterior entry door swinge out over the Right of Way
The location and description of said Improvement and the encroac hment 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 itl such.
Improvement, use and occupancy shall be pier on-ned in str16 �-compliancic with this
Agreement and the Charter, Ordinances and Codes of the City and in accordance with the
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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 completioii of construction and installation of said Improvement and
thereafter, there shall be no encroachnients, in, under, on or above the surface area of the
streets alleys, sidewalks and other plubilic rights-of-wa, )lved, except as described
y Invc
herein and shown on the her einabove referred to Exhibit"A"',
40
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 fron-i
the utility c mplanies, and the appropriate agencies of the State and its political
subdivisions. b.-i the event that any installation, reinstallation, relocation or repair f'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 vtrt,ue, of the construction,
maintenance or exist ence of such encroachment and, use
'Li ice shall pay to City an
additional amount equal to such additional cost, as deten-nihe'd by the Director of
Traiiisportation and Public Works of the City, or his 61y authorized representative.,
5,
City may enter and utilize the referenced areas at any ti.me for the purpose of
installing or maintal-ning 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
2012 ROW Encroachment Agreement-Commercial Page,2,of 16
improvements installed by Licensee or its successors, but City Will make reasonable
efforts to minimize such damage.
66,
In order to defray all costs of inspection and supervis1 on'w'hich-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 Agreerrient", feens,ee agrees to pay to
pity at the time this Agreement is requested an al ptication fee in the sum of Two
Hundred, and Seventy Five Dollars ($275.00). Upon execution of this Agreement, and
aruivally thereafter, Licensee agrees to pay a fee in the amount of$.56 per square/linear
foot of the encroachment area.
7*
The ten-n. of this Agreement shall be for thirty (30): years, commencing on the date
this Agreement is executed by the City offort Worth. Provided however, this Agreement
shall terminate upon the non-compliance of any of the term,s of this Agreement by.the
Licensee. City shall, notify Licensee of the non-compliance,a not cured within thirty
days this Agreement shall be deemed, terminated.
86
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 spectfications. It is u rs,tolold and agreed to by
Licensee that if this Agreement terminates and Li.consee,' fails to remove the
Improvement, Owner hereby gives City permission to remove't "Improv' ement and any
supporting StrUCtUres and assess a lien on the Property for the costs expended by the City
to ren-iove SLIch. Improvenlent.
9#
20 12 ROW Encroachment Agreement-Commercial Page 3 of 1,01
It is Further understood and agreed upon between, the pa'.rties, 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 delegated4o'''I"tt by the Constitution of
the State of Texas or by the Legislature, and that City car of contract away its duty and
its legislative power to control the public right-of-way forA,-,he, use and ben.e.-fit of the
public. It is accordingly agreed that if the governing body of City may at anytime 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 communication., drainage, sanitary sewerage, transmission of natural
or electricity, or any other public purpose, whether presently contemplated or 'not, that
this Agreement shall automatically terniinate.
pa
1-0.
Licensee agrees and acknowledges, that this Agreement is sollety for the purpose
of permitting Licensee to construct, maintain and locate the im,rovements 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 ruse or occupy property
in which a third party may have an, interest. Licensee! agrees that 'it will obtain all
necessary pei-mission before occupying such property.
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 us'es.
12.
Licensee agrees to pay promptly when due all fees, t'a' xe's o�'.rentas provided for
J�4
by this Agreement or,by any federal, state or local statute,, lav' r"regulation.
13.
201 2 ROW Encroachment Agreement-Comniercial Page 4 of 10
Licensee covenants and agrees that it shall operate hereunder as an i.r dependent
contractor as to all r ghts 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 saine,.
and shall be solely responsible for the acts and omissions, of%ts fficers, agents, servants,
errs l� ees, contractors, subcon trae ors, licensees and i nvitees.,
respondeat superior
shall � � �1 �s between City
and Licensee its officers, aents,.
servants, employees, contractors and subcontractors, and nothing herein shall he
construed as creating a partnership car,joint enterprise between City-and Licensee.
1W
LICENSEE COVENANTS AND AGREES, TO INDEMNIFY,, AND DOES
.:14ERIEBY INDEMNIFY, VI I I HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS,TS, AND, EMPLOYEES FROM AND AGAINST
Y AND ALL CLAIMS OR SUITS FOR PROPERTY TY DAMAGE OIL LOSS
N
AND/OR PERSONAL INJURY, INCLUDING DEATH TO ANY AND ALL.
PERSONS, OF WHATSOEVER KIND• R CHAR CT 'Ri 1OR,.
ASSERTED, ARISING OUT OF OR IN CONNECTION'KITH, DIRECTLY OR
INDIRECTLY, THE CONSTRUCTION, MAT OCCUPANCY, USE,
EXISTENCE OR LOCATION OF SAID IMPROVEMENT AND
ENCROACHMENT ND: USES GRANTED E U E WHETHER NOT
CAUSED, IN WHOLE OR IN PART,, BY ALLEGED -NE LICENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS.,
SUBCONTRACTORS, LICENSEES OR INVITEES OF, THE CITY; AND
LICENSEE HEREBY ASSUMES ALL LIABILITY AND SPONSIBILITY FOR
SUCH CLAIMS OR SUITS. LICENSEE SHALL. LI"WtSE ,ASSU E ALL
LIABILITY AND RESPONSIBILITY AND SHALLMNIFY CITY FOR
ANY AND ALL INJURY OR DAMAGE TO CITY PROPF, TTY,ARISING OUT
OF OIL Ili CONNECTION WITH ANY AND ALL ACTS' OR OMISSIONS OF
b
LICENSEE, ITS OFFICERS, AGENTS, SER TS; EMPLOYEES,
20112 ROW Encroachment Agreement-Commercial Page 5 of
iy
C T TO S' SUBCONTRACTORS, SEES, INVITEES, OR
TRESPASSERS,
1
While this Agreement is in effect, Licensee agrees furnish City with a
Certincate of Insurance, naming City as certificate older, as proof that a it has secured an
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 he not less than the follo in
$1,0001,000 Commercial General Liability
with the understanding of and agreement by Licensee that such insurance am punts shall
he revised upward at City's option and that Licensee shall so revise such aniounts,
immediately ollo ing notice to Licensee of such, requirement. Such insurance policy.
shall provide that it cannot be canceled or amended without at least ten 0 days prior
written notice to the Building Official eia f the Clity of For Worth. A copy of such
r,
ff
Certificate of Insurance is, attached as attached as Exhibit "B". Licensee agrees to submit
a similar Certincate of Insurance annually to City on the anniversary
execution of this Agreement.
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
Licensees, contractors
a
16
Licensee agrees to deposit with the City when this "Agreement is executed a
u aF
sufficient sum of money to he used to play necessary fees to record this Consent
Agreement in its entirety in the deed records of Tarrant County,, Texas. After being
2012 ROW Encroachment Agreement C erciat Page 6 of 10
recorded, the original seal l be returned to the City Secretary of the City of` Fort Worth,
Texas.
1.7,
In any action brought by the City for the enforcement of the obligations of
Licensee, City s,hall, 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 prior written approval will be
void.
19.
THE PARTIES AGREE THAT THE DUTIES AND I OBLIGATION
CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF
THIS: AGREEMENT.
20.
This Agreement shall. be binding up the parties hereto, their successors and
assi,gns.
EXECUTED thit" iday of 10 2(1
2 012 ROW Encroachment Agreement-Conunercial age 7 of 10
City Licensee
City of Fort Worth Larimar Development,L P
I. 327 Bryan Avenue
Fort Worth,TX 76104
y:
3v
Femando C A, Nanie:Thornas B.Re ds
Assistant C anager Title: Managing Partner
ATT T: Approved As To Forin and Le ity
s
City Secretary Assistanit Att ey
74�1
2012 ROW Encroachment Agreement-Conirnercial Page 8 of 10
City f Licensee
City of Fort Worth twimar Development, .
3'2 r an Aven e
FortWort h TX7619X
I
o Few
o�
- By, ,
Randy Arwood Na &;
Director 0,1e
Plan-nilig and, Development
ATTEST: Approved, As To Form, ana Legrality
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NO M&C JR1.41QUIRED
STATE OF TEXAS §i
COUNTY OFTA-RRANT §
BEFORE ME, the undersigned authority, a Notary Public M and for the State of Texas,
on this day personally appeared Randle Harwood, known to me to be, the person whose
fare ing instrument,, and acknowledged to me that he/she
name is subscribed to the re go*
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.
GIVEN UNDER M IRAN AND D A SEAL OFFICE OF OFCE this day of
AT I]
2 0
CASSANDRA F. FOREMAN'
'111MAW
9 o]
i f Te�0
'c' s
Nokuy Public,State of Texas
My Comrvisson Expires
17
Aptill 26, 2017
Notary Public in and fort he
State of Texas
20 12 ROW Encroachment Agreement-Coy unercial 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 Thomas B. Reynolds, Managing Partner, 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 purpo, es, and consideration
therei expressed, as the act and deed of Larimar Development, LP, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this At_day of
Oct"
DIANNI DOTSON
A.
MY COMMISSION EXPIRES
00ter 30,2017 Notary Public in and for the
State of'Texas
2012 ROW Encroachment Agreement-Commercial Page 10 of 10
Exhibit "A
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SITE PLAN ENCROACHMENT AGREEMENT Scale: 1/64$1=V-0$I
11,251 West Magnolia Avenue
Port Worth,TX76104 R'ENOVATIONS TO Project N .
817 207 o699 Telephone 459 �OU IH CALHOUN STREET 13003
817 207 0879 Facsimile
F` T WORTH, TEXAS Chi ote
I No, 10-08-2013
APICH TECTS fender arc hit ect Dr awing
s.corn SKA
AC 0 E,x h i bit "B DATE(IIlWII[IJYY�)
CERTIFICATE OF: LIABILITY INSURANCE,,
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 A►IIIrI,EN:III , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSUR ANCE DOES NOT CONSTITUTE CONTRACT BETWEEN THE ISSUING INISURER(S), AUTHORIZED
I,ZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.:
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollicy(ies) must be endorsed. If SUBROGATION ORATION IS WAIVED, subject to
the terms,and conditions of the policy,,certain policies may reqlu,ire an,endorsement. A statement on thlis certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Beth Roseburg
NAME
Lucien Wright Insurance Services,, Inc. PHONE (817)335-3400 FA N :(8 17)877-3.010
60010 Western Place #1,00 ADDRESS:beth@luc i enwright-com,
INSt15ER S FF�RDING COVE CAE NAIC
Fort Worth INSURER�:����
�X 7610 " :Scottsdale Insurance CqLnpany 41297U
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INSURENI
INSURER s
' ar Zmar Development LLC INSURER C
3,27 Bryan Ave INSURER D
INSURER E
,,Fort r th TX 7 610 -2 4,4 1 INSURER F
COVERAGES CERTIFICATE N' IIIIEIER:13/14 459 Calhoun REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO T,HI'E"I1 N V1kED NAMED ABOVE FOR THE POLICY PEROD
INDICATED,, NC,TWITHSTAN`DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT T C, N 'OTH5R DOCUMENT WITH RESPECT T6" kid t.HIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, INSURANCE N� .4w.,
THE AFFC�P�E� BY THE F"CI_I�IE:� I CRI��� I""�EEI'I"�I N� «�I,.NE�gE�T T« , A.,Lm T ., �. �
EXCLUSIONS S AN" CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PANT ,C;LAJ S
INSR ADDLSUBR POLICY EFF PQ,LICY ESP
LTR
TYPE OFINSURANCE POLICY NUMBER MM/Q,D1YYYY MM/DDfY. LIMITS
GENERAL LIABILITY' EACH OCCURRENCE 1,010 0.000
DAMAGE TO RENTED ,
X COMMERCIAL GENERAL LIABILITY PREMISES Ea o uLmng 11100
_:::J CLAIMS-MADE L_ J OCCUR P S 17 0 3 2 5 21/16/2013 MEIN E An r n person) 16,Vol 0
PERSONAL_&ADV INJURY 1--'V C Q 0 0 0
GENERAL AGGREGATE 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS.COMP/OP AGG 2,i Q M 0 0
PRO-
X1 POLICY LOO, . Ma..
AUTOMOBILE LIABILITY' COMBINED SINGLE LIMIT
Evil accident
ANY AUTO BODILY INJURY(Per person)
ALL OWNED SCHEDULED
AUTOS AUTOS BODILY INJURY(Per accident)
NON-OWNED PROPERTY DAMAGE
HIRED AUTOS AUTOS 3 Per accident
UMBRELLA LIAR OCCUR EACH OCCURRENCE
EXCESS LIAR CLAIMS-MAI,E AGGREGATE
,
LIEU RETENTION
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WORKERS COMPENSATION ��1,
t H ry N
AND EMPLC YERS LIABILITY
Y IN
0
ANY PROPRIETOWPARTNERIEXECUTIVE
EXCLUDED? El.EACH ACCIDENT $
O"F I CE�/MEMBER N/A
n
IM and: tort'in NHS E.L DISEASE-EA EMPLOYE $
If
yes,describe under ;
DESCRIPTION OF OPERATIONS belt
E:L.DISEASE W POLICY LIMIT
DESCRIPTION OF OPERATIONS l LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more spruce is required)
Property Reference 459 S. Calh+ un, Street, Ft. Worth, T
CERTIFICATE HOLDER CANCELLATION
NCELLATION
SHOUI LD ANY OF THE ABOVE DESCRIBED POLICIES BE,CANCELLED BEFORE
THE EXPIRATION I Aw~TE THEREOF, NOTICE WILL EE DELIVERED, IN
ACCORDANCE WITH THE POLICY PROVISIONS.
hNS.
City of Fort Worth
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AUTHORIZED REPRESENTATIVE'
Ft. Worth., TX 1761,02
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