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Home My WebLink AboutContract 45767 MY SECRETAW COWRACT NO. Z` RIGHT OF WAY ENCROACHMENT AGREEMENT (COMMERCIAL) THIS AGREEMENT is made and entered into by and between the it of Fort Worth, a home rule municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized City Manager, its duly authorized Assistant it Manager or Planning and Development, Department Director, hereinafter referred to as "City", and Cassco Development Co, Inc., a Texas corporation, acting herein by and through its duly authorized Vice President, hereinafter referred to as "Licensee", the owner ("Owner") of the real property located at Bellaire Drive and Bryant Irvin Street, Fort Worth, Texas 76109 ("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, it hereby grants to Licensee permission to constructlinstall and/or allow to remain, certain improvements (whether one or more, the "Improvements") that encroach upon, use and/or occupy portions of the space under, on and/or above the streets, alleys, sidewalks and other public rights-o.f way (collectively, the "public right-of-way"), such Improvements being described ast'ollows: Various irrigation line crossings to serve the landscape maintenance of the public rights of way and private open space parks The location and description of the Improvements and the encroachment are more particularly described or depicted in Exhibit "A", attached hereto and incorporated herein for all purposes. RECEIVED JUL ........... rITIC RECJORD CITY PW 2014 ROW Encroachment Agreentent-Commercial RETAW ®f 11 IV. Cassco Development Co,Inc.-Bellaire Dr.and Bryant Irvin St. r /2014 .T ............................... 2. All construction, maintenance and operation in connection with the Improvements and their use and occupancy shall be performed in strict compliance with this Agreement and the City's Charter, Ordinances and Codes, and in accordance with the directions of the City's Director of Transportation and Public Works, or his or her duly authorized representative. All plans and specifications for the Improvements shall be subject to the prior written approval of the Director of Transportation and Public Works, or his or her 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 the construction and installation of the Improvements, there shall be no other encroachments in, under, on or above the surface area of the public right-of-way, except as described herein and depicted on 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 any affected utility companies and the appropriate agencies of the State of Texas 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 in the reasonable discretion of the Director of Transportation and Public Works, or his or her duly authorized representative. 2014 ROW Encroachment Agreement-Commercial Page 2 of 1 I Cassco Development Co,Inc.—Bellaire Dr.and Bryant Irvin St. rev.04/2014 5. Upon prior written notice to Licensee, except in the case of an emergency, 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 the Improvements, but City shall make reasonable efforts to minimize such damage. 6. Licensee agrees to pay to City an application fee of $325.00 at the time this Agreement is requested in order to defray all costs of inspection. and supervision which it 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 a fee in the amount of $227.92 on execution of this Agreement and annually thereafter. 7. The to of this Agreement. shall be for 30 years commencing on the date this Agreement is executed by City. However, this Agreement shall terminate upon Licensee's non-compliance with any of the terms of this Agreement. it shall notify Licensee of the non-compliance in writing, and if Licensee has not cured within 30 as of such notice, this Agreement shall be deemed terminated unless such non-compliance is not susceptible to cure within 30 days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such steps as are necessary to remedy the non-compliance within 30 days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 8. Upon termination of this Agreement, Licensee shall at no expense to City remove the Improvements encroaching into the public right-of-way, and restore the public right- 2014 ROW Encroachment Agreement-Cornmercial Page 3 of 11 Cassco Development Co,Inc. - Bellaire Dr.and Bryant Irvin St. rev,04/2014 of-way to a condition acceptable to the Director of Transportation and Public Works, or his or her duly authorized representative, in accordance with then-existing City specifications. It is Understood and agreed by Licensee that if this Agreement terminates and Licensee fails to remove the Improvements and restore the public right-of-way, Owner hereby gives City permission to remove the Improvements along with any supporting structures, restore the public right-of-way and assess a lien on the Propeity for the costs expended by the it in taking such actions,, 9. It is further understood and agreed upon between the parties hereto that the public right-of-way to be used and encroached upon is 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 to of Texas or by the Texas Legislature; and, that City cannot contract away its duty and its legislative power to control the public nght-of-way for the use and benefit of the public. It is accordingly agreed that if City's governing body at any time during the to hereof determines in its sole discretion to use or cause or permit the public right-of-way to be used for any other public purpose, including but not limited to, underground, surface or overhead communication, drainage, sanitary sewerage, transmission of natural as or electricity, or any other public purpose, whether presently contemplated or not, that this Agreement shall terminate upon 60 days' written notice to Licensee. In the event this Agreement is terminated under this Section 9, Licensee shall perform the obligations regarding removing the Improvements and restoring the public right-of-way described in Section 8. 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 any property in which a third party may have an interest. Licensee agrees that it will obtain all necessary peri-nissions before occupying such property. 2014 ROW Encroachment Agreement-Commercial Page 4 of 11 Cassco Developffient Co,Inc.Bellaire Dr.and Bryant in St. rev.04/2014 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 the Improvements,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. 13. Licensee covenants and agrees that i t s hall 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 it 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 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 CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE IMPROVEMENTS AND 2014 ROW Encroachment Agreement..Commercial Page 5 of 11 Cassco Development Co,Inc. --Bellaire Dr.and Bryant Irvin St. rev,04/2014 ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR 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 OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, 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 described or depicted in Exhibit "A". The amounts of such insurance shall be not less than $1,000,000 Commercial General Liability with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts promptly following notice to Licensee of such requirement. Licensee agrees that it shall not cancel or amend such insurance policy without at least 30 days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit `B" and incorporated herein for all purposes. 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 term of this 2014 ROW Encroachment Agreement-Commercial Page 6 of 11 Cassco Development Co,Inc.—Bellaire Dr.and Bryant Irvin St. rev.04/2014 Agreement and until the removal of all encroachments and the cleaning and restoration of the public right-of-way. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 16. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay the fees to record this Agreement in the Real Property Records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 17. City shall be entitled to recover interest and reasonable attorney's fees in any action brought by the City for the enforcement of Licensee's obligations. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this Agreement without the prior written approval of the City Manager or his or her designee. Any attempted assignment without prior written approval shall be void. In the event Licensee conveys the Property, Licensee may assign in writing all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default shall not require City approval provided that said lender notifies City in writing within 60 days of such foreclosure or assignment in event of default and assumes all of Licensees' rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 2014 ROW Encroachment Agreement-Commercial Page 7 of 11 Cassco Development Co,Inc.—Bellaire Dr.and Bryant Irvin St. rev.04/2014 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATIONS 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. [SIGNATURES APPEAR ON FOLLOWING PAGE] 2014 ROW Encroachment Agreement-Commercial Page 8 of 11 Cassco Development Co,Inc. - Bellaire Dr.and Bryant Irvin St. rev.04/2014 THIS AGREEMENT may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. CITY: LICENSEE: City of Fort Worth, Cassco Development Co., Inc., a Texas municipal rporation a Texas corporation By: By: arwood, Director Name: Paxton Motheral anm g and Development Department Title: Vice President APPROVED AS TO FORM AND LEGALITY Assistant City Attorney ATTEST: aDUU �° , aa>a> 4 „r r City Se Ufa ��'"...� �`,�� 0 �4R�4ACAQb¢gG"rQ°� O��'FICI A1. RECORD WORTH, T 2014 ROW Encroachment Agreement-Commercial paj'e"O"61'TT Cassco Development Co,Inc.—Bellaire Dr.and Bryant Irvin St. rev.04/2014 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me n , 201 by Randall Harwood, Director of the Planning an -velopmck.t Department of the City of Fort Worth, on behalf the City of Fort Worth. i t t i y Public, State of Texas I „ �ei�i� l ia�Ni 2MMA f i 1ii After Recording Return to: Cassandra Foreman Planning and Development Department 1000 Throckmorton Street Fort Worth TX, 76102 2014 ROW Encroachment Agreement-Commercial Page 10 of 11 Cassco Development Co,Inc.—Bellaire Dr.and Bryant Irvin St. rev.04/2014 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 2014, by Paxton Motheral, as Vice President of Cassco Development Co., Inc., a Texas corporation, on behalf of said corporation. _`�'e��a 'a LORI DURCHOl1 hlA.'W y Public,State of Texas Notary Public; in and for the �r Commission Expires State Of Texas [seal] °,4 June 30, 2011 2014 ROW Encroachment Agreement-Commercial Page 11 of 11 Cassco Development Co,Inc.—Bellaire Dr.and Bryant Irvin St. rev.04/2014 Edwards Ranch Riverhills Phase 3A ARB®RLAWN DRIVE Crossing#6 and#7 �f 147` 14f 144 138 139 140 141 1,42 143 z z ®' BENT ELM LAME v 137 177- 178... 179 1 176 116 73 174 179 172 1"36 192 Crossing#5 191 119 1 134 194 Crossing#4 133 Crossing#3 �� ' � 132 131 20 197 1A8 199 29'9 139 196 2,16 314 2�8 X12 � X1'6 219, 31T Z16 'f 219 127 Crossing#2 WUN RY pRiWE i ' 166 L ,i 171 xv CLOUDVEILTER: ' /i "'Al Crossing#1„'” ist ISS s, BELLAIRE DRIVE r Edwards Ranch` �� Legend Riverhills,Phase.3A Storm Man Sanitary Soarer 1 inch=25 feet `` Domestic Water Line r .� t. Irrigation Crossing#1 (50 Feet) a Bore Contractor( J Carroll)to verify depth of utility lines, ensure 36"clearance and "depth requirements are met, call in utility locates, and contact COFW Water Department for onsite supervision (per 6/20 comments). Bellaire Drive -_._._... ._. A .... ._ ..� . _ .m._ „_ _. ..... woo Edwards Ranch A Legend Riverhills Phase 3A —Storm Drain 1 inch=25 feet S.I.,p sewer Domestic Water Una 218 217 HUNTLY DRIVE 4 Manassas Namac Men Men Irrigation Grossing#2 (50 Feet) t W Bore Contractor(RJ Carroll)to verify depth of utility lines, ensure 36" clearance and "depth requirements are met, call in utility locates, and contact COFW Water Department for onsite supervision (per 6/20 comments). Edwards Ranch Legend Riverhills Phase 3A Storm cirain 1 inch 25 feet Sanitary Sewer Do tic Water Une 194 NIGHT $AGE LANE NOR M Irrigation Crossing#3 (50 Feet) W J' W UJ Bore Contractor( J Carroll)to verify depth of utility lines, ensure 36" clearance and "depth requirements are met, call in utility locates, and contact COFW Water department for onsite supervision (per 6/20 comments), Edwards Ranch Legend Riverhills Phase 3A --Storm Drain 1 inch= 5 feet carry Spar®r wwr ura 193 Irrigation Crossing#4 (70 Feet) i i NIGHT SAGE, LANE 196 I I Bore Contractor(RJ Carroll)to verify depth of utility lines, ensure 36" clearance and "depth requirements are met, call in utility locates„ and contact COFW Water Department for onsite supervision (per 6/20 comments), Edwards Ranch Lnd Riverhills Phase 3A Storm Drain 1 inch= 25 feet - Sanitary Sewer -i Domestic Waterline 191 Irrigation Crossing#5 (70 Feet) NIGHT SAGE LANE 198 ............ I Bore Contractor(RJ Carroll)to verify depth of utility lines, ensure 6"clearance and 42"depth requirements are met, call in utility locates, and contact COFW Water[Department for onsite supervision (per 6/20 comments). Edwards Ranch Ss, Legend - Riverhi11§ as Phe 3A Storm Drain 1 inch=25 feet CA SaattaryS 1z Danmfiv Yfatar Linn •-°I M M 0 144 Z M Irrigation Crossing#7(60 Feet) i I i Irrigation Crossing#6 ( 7 Feet) 176 i Bore Contractor( J Carroll)to verify depth of utility lines, ensure 36" clearance and 4 "depth requirements are met, call in utility locates„ and contact CGFW Water Department for onsite supervision (per 6/20 comments), EXHIBIT`B" Insurance Certificate [see following pages] 2014 ROW Encroachment Agreement-Commercial Exhibit`B" Cassco Development Co,Inc.—Bellaire Dr.and Bryant Irvin St. rev.04/2014 ........... At OWL> CERTIFICATE OF LIABILIW INSURANCE DATE INVY"k�Yyyy� 6/2512 14 THIS CERTIFICATE", IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON 'TME CER I I AT HOLDER. THIS CERTIFICATE DOES NOT AFFIRMA,71VELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ISELOW. THIS CERTIFICATE OF INSURANCE DOES @90T CONSTITUTE: A CON'rRACT BEIWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE LIOLDER. IMPORTANT,. It the ceilificaft holder Is an ADDITIONAL,,INSURED,the p~fes)must be endorsed,, IF SUBROGATION IS WAIVED,subject to .......... the terms and conditions of the policy,certain policiam may requirer an endorseiTient, A statement on thh;cerfficate does not conter rights to the cortfficate IwIder In Neu of Such erndorserrnewRl 7RODU= MH8T1nc.-FW PHONE 301 Corn pert Strom.t,Sts.-D 2201 iNk-141,91 Fort Worth'TX 761102 AkqAem., -—---— RAr WSURER A-N -orth Anerican Caparzfty In.surame C aumsLawRE CASSCDEV py. Cassco DeveIoprnent C o, Inc. INSURER C 4200 S,Hulen,Suite 614 WSURER D Fort Worth"TX 76109 URER E: WSU RER F ..................... ...... ... .......... ............... .......... EOVERZiS CERTIFICATE NUMBER:314488448 REVISION NUMBER: = rH S IS—TOCERTWY—THAT THE—P0UC=ES0F—9&NSU'-RX—NCEUSTE—DB-E'—L0W 110E BEEN—ISSUEFT—TTHE INSURED NAMED ABOVE FOR THE PCALICY PERIND INDMATED. NOTOTHSTANDW3 ANY REOUIRELIENT,TEIRM OR CONT)rru,)N OF ANYCONTRACT OR OTHER DOCUMEN71"N'TI-1 RIE-SPECT TD wHr,,ii mm CERWIFICATE.MAY BE MSUED U:1 MAY PERTAIN, 1HE INSURANCE AFFORDED BYTHE P(N.LCIES DESCROED ilEIRERO IS SUBJECT TO ALL. THE F1 MS, EXCLUSIONS AND CONDrTIONS OF SUCH POLICIES,LIMU'S SIH0NN IWAY HAVE BEEN REDUCED BY PAID CLAIMS,pt SR, rYPE OF WSURANCE L UM P60CYi,`.FF 0N.JCVE0- P A GENERAL LK0,1TY �N(3100213900 �W12014 U3112016 EACH OCCURRENCE $1,000,000 to ANDI Tea PRNPIa COMME R04L(WNERAi LWW V FY X ClAdw,-MA W, OCC3IR MEDEXPALy irpmon) $5,000 x n&ADVWURY $jW0,000 ERAL GI!E WE GENI AGGREGATE U11W7 APPLIES PER 4P�RQ- S .............. AUTOMOWLE LIABILITY A94Y AUTO I 80nH Y�NJURY(Pem Person) $ SCHFIXX ED W)MLY kClanRNTN'L {APUnm E r acodort) S AUTWJ, AM" NON-OWNED U PPdrdEugaAdAgLDmn AUTOS ........... M 'L r 7=14 BRELLALIAB (=UR 88598L140 AU 3 5 EACH OCCURRENCE $s,000,000 X EXCESS AO GI.MMF,4AAnE AGGFt 0000 GATF $5110 LDut L 1WRIKERS COMPENSAnOi- ST LA COTW AT% AND EMPLOYERS'LIABILITY ANY PWOIRM VORIPARTNEFUE.,XECUTNE, OFFICER AMEMSER EXCLUDED? I A (M&Rds" E�9,,MEASE.-EA EMPLOY' $Ra&nTrtlPCbaFmm B OF OPERATONS bekw EA DISEASE-POI)C)UM-1-11 ............... ............... .......... DESCROPTON OFOPERATIONS I LOCAliONS I VEHWLES (Attach ACORD 101,AddlfflonW Remmis Schaduk,If iimua&pmp pF,mquked) Additional Insured foffn#CG20,26 edition 11185 apphes to the GenerW Uabflity poficy. The Gencwal UaWfty fxfty includes a bIanket addffionW InsurcA endorsement to the cerfificate holder only when there Is a wriften qzntract between the named insured and the cerfific ate holder that reqOros suchstatu& CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE VALL BE DELIVERED IN The City of Fort Worth ACCORDANCE VdTH THE POLICY PROVISIONS, 10007hrockmorton Street r(,)rt Worth TX76102 AUTHORIZED REPRESENTArVE (9)19BB-2010 ACORD CORPORATION, All rights reserved. ACORD 25(20101051, The ACORD name and logo are registered marks of ACORD