HomeMy WebLinkAboutContract 45563 ary sECROAV
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RIGHT OF' WAY CONTRACT ENCROACHMENT G E E T
THIS AGREEMENT is made and entered into by and between the City of Fort
Worth, a municipal corporation e ffare:amt County, Texas, acting herein by and through
ugh
its duly authorized City Mana. er or its duly authorized assistant City' Manager or
Planning and Development elopment Department Director, here,inafter referred to as the "City", and
g � � � p et, LLB, acting,n g herein by through its authorized "President
hereinafter referred to as "Licensee", Owner of' the property located at 6800 Harris
Parkway, Fort Worth, Texas 7 132 "Property" .
AGREEMENT
1.
For and in consideration of the payment by Licensee see of the fee set out below and
the t rue and faithful performance of the mutual covenants herein contained, City hereby
grants to Licensee pe ssion to construct/ install and/or allow to remain,
Improvement(s) encroaches upon, uses and/or occupies portions of
the space under, on and/or above the streets, alleys, sidewalks and other public rights- f way, such Improvement(s) are described as fellows-
Retaining wall
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 p oses.
2.
All eonstsnietion, maintenance and operation in connection with such
Improvement, use an. ! occupancy, shall be perforined in strict compliance with this
Agreement and the Charter, Ordinances a.nd Codes of the RO Y , f 6801 "with the
117
molo"I directions of the Director transportatra and Public , is dull
erry SE:CRETARNI`
RECEIVED MAY 0 1 2 W00"THo 'I'TX
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20,12 ROW Encroachment Agreement-Commercial Page 1 of 1
authorized representative. All plains and specifications thereof shall be subject to the
prior written approval of the Director of Transportation and Pub�lic, 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 hrents 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 horeinabove 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 t he appropriate agencies of the State and its political
subdivisions. In the event that any installatio , reinstallation, relocation or repair of any
existing or titure utility or i : rovernen.ts 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 offer public purpose. to this regard, Licensee understands and agrees
that City shall bear no responsibility or liability for dania e or disruption of
improvements installed by Licensee or its successors, but City will make reasonable
efforts to minimize such damage..
2012 ROW Encroaclunent Agreement-Conunerei l Page 2 of 1
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 ill the sum of Two
Hundred and Seventy Five Dollars ($275.00). Upon cxccut on of this Agreement and
annually thereafter, Licensee agrees to pay a fee in the amount of$,.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 o the terms of this Agreement by the
Licensee. City shall notify Licensee of the non-compliance and ifnot 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,ve, and in
accordance with ten 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
�� for the casts ended b the but
ng structures and assess a lien n t Property�" '
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 light-of-way"), to be used and encroached upon
2012 ROW Encroaclu-nent Agreement-Commercial Page 3 of 10
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 Legis,lature, and that City cai-inolt 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 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 terminate.
10.
Licensee agrees and acknowledgles that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain and locate the In 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 night of way nor is it meant to convey any right to use or occupy prolperty
in which a third, party may have an interest. Licensee agrees that it will obtain all
necessary permission before occupying such property.
IL
Licensee agrees to comply fully with all applicable, federal, state and local laws,1
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.
131.
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 Encroaclu-nent Agreement-Conunercial Page 4 of 10
servant or employee of City and Licensee shall have exclusive control of and the
exclusive right to! control the ear is of its opera ins, and all persons performing 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
res,plondeat 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 enter prise between City and Licensee.
14.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND; DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND, CITY., ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES.1 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 CON N ECT;ION' WITH, DIRECTLY OR
INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE,
EXISTENCE OR LOCATION OF SAID IMPROVEMENT AND
ENCROACHMENT AND, USES GRANTED HEREUNDER,, WHETHER OR NO
CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS;, SERVANTS,, EMPLOYEES, 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
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES,., OR
TRESPASSERS,
2 012 ROW Encroachment Agreement-Commercial Page 5 of 10
1.5 4,
While this Agreement is In effect, Licensee agrees to fu. us 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-,
$11,000,000 Commercial General Liability
wit the understanding of and agreement by Licensee that such insurance amounts shall
he 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'I. 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
and keep in force such public liablility insurance at all tiuues 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
sl
Licensee contractors.
16.
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
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.
20 12 ROW Encroaclunent,Agreement-Cominercial Page 6 of 10
17-
In any action brought by the City for the enforcement of the obligations of
Licensee,l 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 prior 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.
200,
This Agreement shall be binding upon the parties hereto, their successors, and
ass,igns.
EXECUTED thil day of/- 1201
2,012 ROW Encroachment Agreement-Commercial Page 7'of 10
'---j.
Uty Licensee
City of Fort Worth Megha Development, LLC
Bily. B y
Randle Harwo Nanle,-Sai Duvvurl
Director
P' aiming and Develop Ment
ATTEST.-, Approved As To Form and Legial,ity
City Sec War Assistant City Attorney
FN
10
(A
FORMAL RECORD
CITY SECRE"TARY"
a TX
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NO M&C aaQUIRBM "M 00,
2,012 ROW Encroachinent Agreemena Page 8 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 Randle Harwood, 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 the City of Fort Worth, and in the capacity therein stated,
EVEN UNDER M�".AND AND SEAL OF OFFICE this day of
,Oool 2 0
:!N2,
A F. FORM N
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Apfil 26, 2017
Notary Public in and for the
State of Texas
2012 ROW Encroachment Agreement-Commercial Page 91 of 10
STATE OF TEXAS §
COUNTY OF TARRANT' §
BEFORE, ME, the undersigned authority, a Notary Pubfic in and for the State of
Texas, oil this day personally appeared Say. Duvvuri, President, known to me to be the
person whose name is subscribed to the foregoing instrument", and ac edged to me
that lie/she executed the same for the purposes and consideration therein expressed, as the
act and deed of Meglia Development, LLC , and in the capacity therein stated.
A%
' UNDER MY'HAND AND SEAL OF OFFICE
QIV day of
20
CASSANDRA F.FOREMAN
WOW Pubfict State of TeXCIS
my commission Expires
Apal 26, 201 17 Notary Public in and for the
State of Texas
201 2 ROW Encroaclunent Agree W-Commercial Page 1 0 of 10
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L IABILITY INSlU'R,ANCE DATE(I'�I�NNMIf 4/23l/2 014
11114�� CERTIFICATE OF 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. THIS COVERAGE AFFORDED BY THE POLICIES
BELOW.. THIS CERTIFICATE ICATE OF INI SLIRANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollicy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions Of the policy,certain policies may require an erld'Orsernent. A statement OIL this certificate dOSs not confer rights to the
certificate holder In lieu Of such endorsement(s).
PRODUCER CONTACT Agape_ liea .,theare
NAME:
AgaP4 Hea t Ca "e Partners PHONE No,Exti: (817)X29-4200' 1=6X (817)329- 01
538 Silicon Dr. Suite TOO E-MAIL cc ox@agapeins.com
INSURERS AFFORDING COVERAGE NAIL�!
Southlake TX 76092 INVSURER A;Sent ine Ins. Co. LTD 11000
INSURED INSURER I:
O O HARRIS PKWY INSURER D.,
INSURER E
ORT WORTH TX 76132 2 INSURER
COVERAGES C ERTIFICATE NUMBER:CL,14 42303320 REVISION NUMBER:
THIS IS TO CITIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME D ABOVE FOR THE POLICY Y F ERIO
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 E AFFO RDED, BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AN D CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR AA I POLICY EFF POLICY EXP
LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY M1,DDfYYYY
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,O'O O
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DAMAGE TO R
ENT 1,000,0010
X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence)
A C LAIMI S- MADE OCCUR 4 SB AUJ4574 3/26/2014 3 26 2015, N IED E P(Any one person) 10,000
PERSONAL&ADV INJURY 11000,000
GENERAL AGGREGATE 2,O O O,000
2,0100,0001
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" AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP ACC
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AUTOMOBILE,LIABILITY CCf�+1I�INIEC SINGLE LIMIT
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ANY AUTO BOD11Y INJURY(Per person)
ALL OWNED
SCHEDULED BODILY INJURY(Per accident)
AUTOS, AUTOS
NON-OWNED PROPERTY DAMAGE
HIRED AUTOS AUTOS Per acciderMli
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAR CLAIMS-MADE AGGREGATE
DED RETENTION "
WORKERS COMPENSATION TORY C�TATiI OTH�
ANY NCROPRIETOR/PAI TNNERIEXECUTIVE N E.L.EACH!
AND EMPLOYERS'LIABILITY
R E)CCLIa�uE � � �ACCIDENT
OFFICER/MEIwMBE EXCLUDED? NIA A
(Mandatory In NH) E.L.I NSEASE-EA EN II LOYIE
If yes®describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT
DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Attach ACORD 101,,Additional Remarks Schedlule,if more space is required)
RE Real Estate Development Property situate tat Fort, Worth, Texas 76104
Certificate Holder is hereby naxned Additional Insured
CERTIFICATE HOLDER CA ICEL.L,ATI
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE,
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE IPOLICY PROVISIONS.
T' e City of Fort Worth
Department of Development~
Planner
At t David Schroeder., c`��nee AUTHORIZED REPRESENTATIVE
1,000 'T hroc or ton S t
Fort Worth,, TX 76102 Clare Cox/CCOX
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ACORD 25(2010/05)
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