HomeMy WebLinkAboutContract 45735 MY SECRUAW
COWRACT NO.
RIGHT OF WAY
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
Planning and Development Department Director, hereinafter referred to as the "City", and
Richard & Chandra Riccetti, acting herein by and through its duly authorized owners
hereinafter referred to as "Licensee", Owner of the property located at 2100 Hemphill
Street which encompasses addresses 715 Hawthorne Ave. and 801 Hawthorne Ave.
("Property").
AGREEMENT
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-
way, such Improvement(s) are described as follows:
Two 18-22' gates crossing the Travis Ave. alley at the 2100 block between Hawthorne
Ave. at the north end and Lilac Street at the south
The location and description of said Improvement and the encroachment is more
particularly described in Exhibit "A", attached hereto, incorporated herein and made a
rr,
r part hereof for all purposes.
r
2.
C,
r-,
C. All construction, maintenance and operation in connection with such
Improvement, use and occupancy shall be performed in strict comp lance_,.wi.
OFFICIAL RECORD
C1 rYSECREII'ARY
2012 ROW Encroachment Agreement-Commercial
--------------
Agreement and the Charter, Ordinances and Codes of the City and in accordance with the
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 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.
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 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 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 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 14
improvements installed by I...icerlsee or its successors, but City will make reasonable
efforts to minimize such damage,
6.
Licensee agrees to pay to City at the time this Agreement is executed a fee in the
sum of zero Dollars ($0,00) to pay necessary fees to record this Agreement in its entirety
in the deed records of "Tarrant County (fee waived in accordance with NEZ Tax
Abatement, Policy (NUCI G-17133). Upon execution of this Agreement and annually
thereafter, Licensee agrees to pay a fee in the amount of$.56 per square/linear foot of the
encroachment area totaling $672.00 for the entire to oft e Agreement, Licensee shall
pay the total amount of$672.00 at the execution of this Agreement.
7®
The to of this Agreement shall be for thifty (30) years, comniencing on the date
this Agreement is executed by tile City of Fort Worth. Provided however, this .Agreement
shall terminate upon the ji.on-cornpliance of any of the terms of this Agreement by the
Licensee, City shall notify Licensee of the non-compliance and if not cured within thirsty
days this Agreement shall be deemed terminated.
8.
Upon termination of this Agreetrient, 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 tenninates and Licensee ails to remove tile
Improvement, Owner hereby gives City perimission to remove the Improvement and any
supporting striictures and assess a lien on the Property for the costs expended by the City
to remove such Improvement.
9.
2012 ROW Encroachinent,Agrminew -Contmercial Page 3 of 14
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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 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 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 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 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 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.
i1
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.
13.
2012 ROW Encroachment Agreement -Commercial Page 4 of 14
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 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
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 DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY A GE OR LOSS
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER AL 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 E UNDER, WHETHER NOT
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
F OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
2012 ROW Encroachment Agreement-Commercial Page 5 of 14
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR
TRESPASSERS.
15.
While this Agreement is in effect, Licensee agrees to 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 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 (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". 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 times during the to 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.
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
2012 ROW Encroachment Agreement-Commercial Page 6 of 14
recorded, the original shall be returned to the City Secretary of the City of Fort Worth,
Texas.
17.
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 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.
20.
This Agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED this; z day of
2012 ROW Encroachment Agreement-Commercial Page 7 of 14
.......................
City Licensee
City of Fort Worth Richard & Chandra Riceetti
By: • By:
-
Rand e Harwo4p Name: Richard Riccetti
Director Title- Owner
Planning and Development
By:
uill
Name- -Chandra Riccetti
Title.- Owner
ATTEST: Approved As To Form and Legality
.I..............
City Se ary sistant City Attorney
..........
(WFICIAL RECORD
CITY SECRETARY
2012 ROW Encroachment Agreement-Commercial P I a I g I a-of
STATE OF TEXAS §
COUNTY OF T §
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,
V1E?N
UNDER VAND AND SEAL OF OFFICE ti
cc 20
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jpj� 26, ?,017
Notary Public in and for the
State of Texas
2012 ROW Encroachment Agreement-Commercial Page 9 of 14
STATE OF TEXAS §
COUNTY OFT ANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Richard Riccetti and Chandra Riccetti, 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 2100 Hemphill Street & 801 Hawthorne Ave.,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2- ay of
201�_.
LUZ EMILIA TREJO
my Commission Expires Public Notary ic
v and for the
December 1, 2016 ry
State of Texas
2012 ROW Encroadurvent Agreement-Commercial Page 10 of 14
Exhibit"All
Area of encroachment: Two 20-22' gates crossing the Travis Ave. alley at the 2100 block.
(Highlighted in yellow)
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LOT E ® November 25. 2013
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SCALE: 1" = 30'
LILAC STREET
Grant Engineering, Inc.
60. R/-& )
2012 ROW Encroachment Agreement-Commercial Page 11 of 14
Exhibit"A"
Area of encroachment- Two 1 ®22' gates crossing the Travis Ave.alley at the 2100 block.
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2012 ROW Encroachment Agreement-Commercial Page 14®f 14
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