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HomeMy WebLinkAboutContract 45604 »J i mrf r Cia", SEC RIGHT of WAY CONTRA ENCROACHMENT AGREEMENT (COMMERCIAL) THIS AGREEMENT 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 or Plaiming and Development Department Director, hereinafter referTed to as the "City", and M RW, LL,C , acting herein by and through its duly authorized Mar k Richardson, Director hereinafter referred to as "Licensee", Owner of the property located at 3051 South University, Fort Worth, Texas 761 (",Property"). AGREEMENT T 1. 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 grants to Licensee permission to construct' install and/or allow to remain, Improvement(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 rights-of- i way, such Improvements are described as follows: 1 )n Am ng that extencl s into public ROW 1: 1'. r; 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 purposes. i 2. All construction, maintenance and operation in connection with such I 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 �J directions of' the Director of Transportation and Public Works of City, or his duly 01IFFIC1,AL t EICO RECEIVED MAY ¢ vvutivti'i"aarapsarr+rvwrr'P '^ w l ; u r 201 2 ROW Encroachment Agreement- `r mmercial ge l of 10 oiriu f, ryrvPu"®mmimm!msa�'ousmw®raasn'imwuwnwrti4:momrr�!meurrwww m^^mo�nawwurm xau+v;ruwurr,icwwnmCrnu' ' authorized representative. All plans and specifications thereof shall be subject to the prior written approval of the Director of Transportation and`Publ c Works, or his duly authorized representative, but such approval shall not relieve{{.Licensee of responsibility r is and liability for concept, design and computation in preparation of.-;such plans and specifications. e 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. t Licensee, at no expense to the City, shall male prpper 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 deterrmn( by the Director of Transportation and Public Warps of the City, or his duly'auti6rzecl'representative. S. i City may enter and utilize the referenced areas• at any t me..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 mare reasonable efforts to minimize such damage. .:: 2012 ROW Encroachment Agreement-Commercial - =r Page 2 of 10 F q 60 In order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, in`5 cti"Onz or management of the encroachments and uses provided for by this Agreemerit,� i�icensee agrees to pay to City at the time this Agreement is requested an application fee in the sure of Two Hundred and Seventy Five Dollars ($275.04). Upon execution. of this Agreement and annually thereafter, Licensee agrees to pay a fee in the amQunt;a f$,5 d 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 sf,not cured within thirty days this Agreement shall be deemed terminated. 80 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 rem oyeJhe":Improvement and any supporting structures and assess a lien on the Property for the.cogs expended by the City to remove such Improvement. t 90 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 2012 ROW Encroachment 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 Legislature; and that City cannot contract away its duty and its legislative power to control the public right-of-way for the u§e and benefit of the public. It is accordingly agreed that if the governing body of City may at:any time during s. the term hereof determine in its sole discretion to use or cause f 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. 108 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'rlht, title 0 interest in {i J or to the public right of way nor is it meant to convey any ht�to txse or occupy ro ert p g y Y ny. g py p p y. in which a third party may have an interest. Licensee a rees.1hat 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. ilj Licensee agrees to pay promptly when due all fees; t-xes�or`recitals provided for by this Agreement or by any federal, state or local statute, acv or regulation•. Licensee covenants and agrees that it shall operate hereunder as an independent u contractor as to all rights and privileges granted hereunder and not as an officer, agent, 2012 ROW Encroachment Agreement-Commercial Page 4 of 10 a f servant or employee of City and Licensee shall have exclusive -control of and the exclusive right to control the details of its operations, and aiI'persons performing same, and shall be solely responsible for the acts and omissions of its dficers, agents, servants, employees, contractors subcontractors licensees and ihVitb es; 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 INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND( CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FRONT AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY. DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH: ` ` AN AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR E ASSERTED, ARISING OUT OF OR IN CONNECTION WIT H9 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, EMPLOYEES r: CONTRACTORS, SUBCONTRACTORS LICENSEES OR INVIT TH E ES' OF, 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. OMISSIONS of LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. i i. 2012 ROW Encroachment Agreement--Commercial 7` �t�'�r_. - Page 5=of 10 15. While this Agreement is in effect, Licensee, agrees, 10F 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: $1,000,000 Commercial General Liability with the understanding of and agreement by Licensee that such ihsurance amounts shall be revised upward at City's option and that Licensee -sha"U.Sol,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 le'a'st ten 00) 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 and keep in force such public liability insurance at all tunes during the term of this Agreement and until the removal of all encroachments and the,clearing and restoration of the city streets. All insurance coverage required herein shall include coverage of all Licensees' 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. a 1:•5 2012 ROW Encroachment Agreement-Commercial Page 6 of 10 1 f. In any action brought by the City for the enforcement'"of the obligations of Licensee, City shall he entitled to recover interest and reason4 ld;attar 6y's fees. Licensee covenants and agrees that it will not assign all . r 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 he veld. 1 . THE PARTIES lARTIES E THAT THE DUTIES, ;A , OBLIGATION. CONTAINED IN PARAGRAPH PH 8 SHALL SURVIVE T���„'T �l�. i" 'L+ T OF THIS, AGREEMENT., 2040 This Agreement shall be binding upon the parties heret.9, them:, successors and assigns. i EXECUTED s day of �`d p, r �,���� `4 i l T n w^v I j 1 1 1 f f I f ff' I 1 i 1 1 t 20112 ROW Encroachment Agreement-Commercial Page 7 of 10 j e n City Licensee P:�4 City of Fort Worth M W " Af B : Randle Harwood Name:M rk Richardson Director Title Director Planning and Development ATTEST: Approved As T o Form and Legality RTW� 'City Secs l r 00 Assistant City Attorney 40 too- „w. i { 1 u ti 1 ir.�i'�srrvim�uari�a;,manewom�rr�uvmm�m!mua ... uHm;r,��i�i�nimr;mrc mmuuN Y,a OFFICIAL, RECORD d D C11TIf SECRIFFARYY F T C.,R I 2012 SOW Encroachment Agreement-Co -m ercia � 8 of 1 rc�r�rr�r�owm�rtrt�n�niXminrr�uu�imimimuuo��murr�aruau�t�vra a m�gVilmum �„ STATE OF TEXAS COUNT' OF TA 1" T BEFORE ME, the undersigned authority, a Notary Public in and for the State of Taus, on this day personally appeared Randle Harwood, kcriown to me to he the person whose name is subscribed to the foregoing instrument, and acknowledged ed to me that he/she executed the sa me for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. -TIVEN UNDER MY AND AND SEAL OF OFFICE this d .y of , 20 VI�641N iwi umm uwtw�uw�inrr a �x�iw � ����1UlWl i�m uo of o rc�um mnu � y� rye^I!,�w1}`�' �I � I,I!O MN':�IV91 w WIO J���iM,', MkN f I �1 1/� GII lIN Y��rc�.�IwIUV"h I!UI Il J ^vY32"Il�u�� Wlwr�/i'�wV���'� I d ,6 00' wi l� � i yy AY�''(mroim�ry �7G�b V�)d mtru'J,S,�1�,� �,. jj ���„.,gym. s uwou ioou�miau��"' uo�owwioo umwumuwmwio�uw:�^'�mmMirNu p�00010NO IP U �p���I�I0�IINI w' i'�J&WYW'�N�VO N!WVW�pO(�V.ID0I�ONU�J00 Ow��""fM NI I SVwW4!^O M�WSW NNI OIfW'd:W',. Notary Public in and for the State of Texas l C 2012 IOW Encroachment Agreement t-Commercial Page 9 of 1 m 1 STATE OF TEXAS COUNTY OF TAB NT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Teas, on this day personally appeared Marls Richardson, Director, , lulown to me to he 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 MRR , LLC, and in the capacity therein stated.. GIVEN ER �► SEAL F OFFICE tai day of IiN I wimuwwowuwwwwuui nwwawwwmwww.uwuao�ww mwwmW,w:WwwONPwwowwwwNUG ww�wau wuoa�mwwwww uiuowru ourtmwmonwwiwiwuNwowuMOM � �w !VVNVVI(IIIUUUU�IIUUIIVIIUIWMII Iwiw uwui nmuwowwiw,uwrvwwwwuowulmwo wwww @iioiowwwwww i � �� FOREMAN E ��I CASSANDRA wmoiwoi is ww nn wwww UVO hour w ft y i c I e w T w ry + Notary Public in and for the qqp April "�iri r 2 0+ifs �V k �w � i wl IDwUpoulwwWUw01w!wwwWwW!gWgww�IwI01w4GIwI0pVw@ wwwwowumwlwwwuloVwwwww0000�owwlo�oowuuoloaiwN'Iwmiwowwuoo�wwnwwwmoww rtomowuu oowuUUI�wwolomwNwUwo�w w���OUV��w{wl����aowww IpOUIIU��I�I�IIIIUI . , ww° lul��lolo�lU�l��l��lo��luulull�olul�l�ll��l�l�lu�oll��lou�uololll� State of Texas y f'. I 2012 ROW Encroachment Agreement-Conunercial Page 10 of 10 I oo rn w o L to kv N Qti o a H W v `a 1. 01 tJi 44 W N t--► O � y x m ;0 r- I.- W W to w -.....,_._....................... ,.. 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UJI c) '' Production: F A B R C A T 0 FART WORTH,Tx 75€€5 w v (817)-926-5450 00 WWW.INPRO LTD.COM W ,— ddl w = Lk) C:) w F.►Lrl 0 0 1 � o I H1000"� m Ln ro � I �• N m W m 1- 10 �--i7 ON 0 .A, o © 6% co v 1 W 0 0 1-dA + o a I— o 01. �'" 0 9 1 3 -n R O 3 •e 0 4 v v 0 0 v° i^] Y �1 a e M M M to Lf)rn I m � m 00 � JC ti 03 C rQ y>� C s a o °• °s 1--z A I� o a 0 €—A I. I— 0 Q o o GLOBAL RESTAURANT GROUP -INPRo FABRICATION RELEASE B4x- �. p- THESE SET OF DRAWINGS PROVIDED HAVE SEEN 13ASE[3 DFfi rD•• z Pizza Snob THE AGREED CONTRACT INFORMATION. ALL MATERIAL WILL BE D C: PURCHASED AND FABRICATED WHEN WE ARE RELEASED UPON m ° Cr Fort Worth..TX 76109 YOUR APPROVAL ON THESE SET OF DRAWINGS. .. °�° ' Shop: 10/1$/2013 INI7Ra FABRICATION w 0 F r �'" 4200 LUBBOCK AVE. w Production: A B R 1 L A T 0OR(817}-92654 115 aV4 WWW_€NPROLTD.COM D rn r rrr r ! _ r ; • - 1 r a .. 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THESE SET OF DRAWINGS PROVIDED HAVE BEEN BASES OFF (� to •• Z Pizza Snob THE AGREED CONTRACT INFORMATION.ALL MATERIAL WILL BE :3 C PURCHASED AND FABRICATED WHEN WE ARE RELEASED UPON ID ° 3 Fort Worth,TX 76109 ' YOUR APPROVAL ON THESE SET OF DRAWINGS. i Cr 00 CI] � i NPR O FABRICATION Sho . 10/18/2013 4200 LulOCx AVE.o LO Production: F A B R j C A T � 0N rflR(817)-926-5050 000 WWW.INPROLTD.CO L r •} 4 SW hL 4 1 1 y P-delta Engineering and Materials, LLc ° Ability+Integrity = Quality �F 222 west Las Colinas Blvd, Suite 1650 East Tower Irving,TX 7503 November 13,2013 Texas Firm Registration Number:14814 Builder: InPro Fabrication Address: 3051 South University Fort worth,T Ref: Proposed Awning Dear Sirs, Based on an installation drawing and verbal clarifications of the subject structure's construction, it is our understanding that window awnings are proposed to be added to the subject building. f The awning is fabricated from a 6"channel frame with aluminum louver blades, The assembly will be suspended frorn the structure with 1-1/21 di a.tension struts fabricated frorn standard pipe. It is our understanding the awning will be attached to the structure via 9" long anchor bolts that will be drilled through the CMU block walls. washers and nuts are proposed to secure the structure on the inside of the wallit 3 It is our opinion that the proposed awning may be added to the existing structure without reducing the structural integrity of the building. No additional reinforcement to the CMU block is necessary,however we do recommend that the anchor bolts be through bolted to a 3/8" thick steel backing late on the inside of the CMU gall. The plate will help distribute the load from the(4)bolts to the gall without stress risers. a � With this condition fulfilled,the performance of the existing structure will not be adversely affected. We appreciate the opportunity to be of service to you,our clients, and the public. Sincerely, NA F . o s //Robe : liramm, E P-delta Engineering f1�U1Aa6i#M,= #,� y.;rkii7�M#g3l1YY ROBERT EDWARD KHAMM if. � as saia+�rliWsStMr► tN khi1 t 89360 Y Office,-(214)496-0575 www.pdelta.net Fax:(214)496-0577 ._ _JI Client#:90927 18MRRW ACORDT. C OF L INSURANCE DATE(MMIDDIYYYY) 03/13/2014 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 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.if SUBROGATION IS WAIVED,subject to IMPORTANT: 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(s). PRODUCER CONTACT NAME: Wortham Insurance&Risk Mgmt. PHONE g►i7 336-3030 FAK . 81?-�338�#3�51 1600 West Seventh Street E-MAIL°,Ext A/C,Nv. Fort Worth,TX 76102-2505 ADDRESS: 817 336-3030 INSURER($)AFFORDING COVERAGE NAIC# INSURED INSURER A:Mesa Underwriters Specialty Ins 36838 MR&R�111, LLC INSURER B 5209 Rancho Verde Pkwy INSURER C: Crowley,TX 76036 INSURER D: INSURER E., INSURER F: COVERAGES CERTIFICATE 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 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A©DL SUER POLICY EFF POLICY E3CP LTR TYPE OF INSURANCE IN5R WVD POLICY NUMBER MMlDD MMIDDIYYYY LIMITS A GENERAL LIABILITY MP0042002001007 4117/2013 04/17/2014 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED occurrence) $1009000 CLAIMS-MADE Q OCCUR MED EXP(Any one �arson $5 000 P � X BI/PD Ded:250 PERSONAL R ADV INJURY $110D0,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $Included POLICY R Fx-]LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ AU $NON-OWNED AUTOS PROPERTY DAMAGE HIRED AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ r. WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY ❑ E ANY PROPRIETOR/PARTNER/EXECUTIVE Y N OFFICERlMEMBER EX NIA E.L.EACH ACCIDENT $ Mandatary in N I f yes,describe under E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS!VEHICLES[Attach ACDRD 101,Additional Remarks Schedule,if more space Is required] RE:3051-3053 S University Dr,Fort Worth,TX CERTIFICATE HOLDER CANCELLATION City of Fort Worth Dept.of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Development ACCORDANCE WITH THE POLICY PROVISIONS. ATT: David Schroeder,Planner '1000 Throckmorton St. AUTHORIZED REPRESENTATIVE EXHIBIT B r Fort Worth,TX 76102 C�7 1988-2010 ACDRD CORPORATION.All rights reserved. ACDRD 25(2010105) 1 of 1 The ACDRD name and logo are registered marks of ACDRD #S443883/M432109 18B KS