HomeMy WebLinkAboutContract 46910 Q� 123466
CITY Sr=CRETAP*y
CONTRACT NO.
a p�G �wpR'� RIGHT OF WAY
G�ZF So�GR��g`E a ENCROACHMENT AGREEMENT
,�
G (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 Planning and Development Department Director, hereinafter referred
to as the "City", and LHS 200 BROADWAY LLC, acting herein by and through its duly
authorized MANAGER JESSE STAMPER hereinafter referred to as "Licensee", Owner
of the property located at 200 EAST BROADWAY FORT WORTH, TX 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, 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:
ADA RAMPS AT WEST AND NORTH ELEVATIONS OF 200 EAST BROADWAY
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.
2.
All construction, maintenance and operation in connection with such
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
directions of the Director of Transportation and Public Works of City, or his duly
OFFICIAL RECORD
CITY SECRETARY
2014 ROW Encroachment Agreement-Commercial FT. WORTH, TX Page 1 of 10
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 in the sum of Three
Hundred and Twenty-Five Dollars ($325.00). Upon execution of this Agreement and
annually thereafter, Licensee agrees to pay a fee in the amount of$.56 per square/linear
foot of the encroachment area.
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 if not 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, 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 remove the Improvement and any
supporting structures and assess a lien on the Property for the costs expended by the City
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 right-of-way") to be used and encroached upon
2014 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 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.
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 it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
2014 ROW Encroachment Agreement-Commercial Page 4 of 10
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 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 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, 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.
2014 ROW Encroachment Agreement-Commercial Page 5 of 10
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 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.
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.
2014 ROW Encroachment Agreement-Commercial Page 6 of 10
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 Director
of Planning and Development. 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 day ofa�� ' 20/
`.
UFFItGlAL UECDRD
CITY SECRETARY
FT. WORTH, TX
2014 ROW Encroachment Agreement-Commercial Page 7 of 10
City Licensee
City of Fort Worth LHS 200 BROADWAY, LLC
By: By:
Rand a Harwoo , Director N e: J SSE STAMPER
Planning and Development itleMANAGER
ATTEST: Approved As To Form and Legality
r If OR
'.
City � %°"°�°°� Assistant City Attorney
O
NO M&C REQUIRED
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
2014 ROW Encroachment Agreement-Commercial 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.
8MN�rD MY HAN AND SEAL OF OFFICE this day of
I
CASSANDRA
NotorypubflStoiP6 AN
My cornmissi a of Texas
Aprll 26 °n Expires
2017
Notary Public in and for the
State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
2014 ROW Encroachment Agreement-Commercial 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 JESSE STAMPER, MANAGER, 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 LHS 200 BROADWAY,LLC, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7` day of
20
D.DULL
Notary Public Notary Public in and for the
STATE OF TEXAS
emy Comm.EV,Nov.30,2017 State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
2014 ROW Encroachment Agreement-Commercial Page 10 of 10
EXHIBIT A
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BRYAN AWNUE
> x Renovations to the building at •
—L
Q 200 E Broadway Ave
Q Fort Worth,Texas 76110
-•� LARCHIL-01 KROOSZ
ACORN DATE(MhVDOIW`/Y)
CERTIFICATE OF LIABILITY INSURANCE 7!15!2015
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 INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to
the 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:
Gus Bates Insurance&Investments aONE Ext):(817)33 -9547 Ac No: (817t 338-1422
2409 Forest Park Blvd.
Fort Worth,TX 76110 ADDRESS:
INSURER($)AFFORDING COVERAGE NAIC 0
INSURER A:Essex Insurance Company
INSURED INSURER B:
LHS 200 Hattle,LLC INSURER C:
4420 Overton Crest St INSURER D:
Fort Worth,TX 76109 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 CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTOALLTHE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ADULLTR POLICY EFF POLICY EXP
INSR TYPE OF INSURANCE INSD yyyp POLICY NUMBER MIDD MIDDNYYY LIMITS
A X COMMERCIAL GENERAL L LABILITY EACH OCCURRENCE $ 1,000,00
CLAIMS-MADE O OCCUR 2CT8734 12102!2014 12/0212015 PREMISES(Ea occurrence) $ 100,00
MED EXP(Any one person) $ 5,000
PERSONAL&ADV INJURY $ 1,000,000
GEN'LAGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,OW,OW
X POLICY F-1 JE CT FILOC PRODUCTS-COMP/OP AGG $ 1,000,000
OTHER $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
(Ea accident)
ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
NON-OWNED $
HIREDAUTOS AUTOS (Per acadenI
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EEXCESS UAB HCLAIMS-MADE AGGREGATE $
DED I RETENTION$ $
WORKERS COMPENSATION SER OTH-
AND EMPLOYERS'LIABILITY YIN STATUTE _ ER
ANY PROPRIEfORIPARTNERIEXECUTIVEE L EACH ACC(DENT $
OFFICERIMEMBER EXCLUDED? NIA
(Mandatory In NH) E L DISEASE-FA EMPLOYEE $
If yes,descnbe under
DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT 1$
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHCLES(ACORD 101,Additional Remarks Schedule,may be attachedif more space is requlrod)
Certificate holder has been added as Additional Insured of the General Liability policy
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CI Of Fort Worth
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City ACCORDANCE WITH THE POLICY PROVISIONS.
Fort Worth City Hall
1000 Throckmorton St
Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE
O 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014!01) The ACORD name and logo are registered marks of ACORD
EXHIBIT B