HomeMy WebLinkAboutContract 31816 CITY SECRETARY
CONTRACT NO.
ENCROACHMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
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 duly designated Assistant City
Manager, hereinafter referred to as the "City", and Tarrant County, Texas
acting herein by and through its duly authorized Tarrant County Commissioner's
Court
hereinafter referred to as "Grantee", Owner of the property located at 200 Feliks
Gwozdz PlaceProperty").
WITNESSETH:
1.
For and in consideration of the payment by Grantee of the fee set out
below and the true and faithful performance of the mutual covenants herein
contained, City hereby grants to Grantee 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,
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sidewalks and other public rights-of-way, such Improvement(s) are described as
follows:
An aerial high speed fiber connection runninq between JPS Hospital and the
Tarrant County Medical Examiners Office which requires crossing Feliks Gwozdz
Place
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 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 Grantee of responsibility and liability for concept, design and computation
in preparation of such plans and specifications.
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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.
Grantee, 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, Grantee 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, Grantee
understands and agrees that City shall bear no responsibility or liability for
3
damage or disruption of improvements installed by Grantee or its successors, but
City will make reasonable efforts to minimize such damage.
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,
Grantee agrees to pay to City at the time this Agreement is executed a fee in the
sum of:
Five Hundred Thirty Five and nol100 dollars (535.00)
7.
The term of this Agreement shall be for thirty years, commencing on the date this
Agreement is executed by the City of Fort Worth.
8.
Upon termination of this Agreement, Grantee 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 Grantee that if this Agreement terminates because
the Business ceases to operate and Grantee 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. _
MY MICI�VTAI�Iff
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9.
It is further understood and agreed upon between the parties hereto that
the City streets, alleys, sidewalks and other public rights-of-way, including the
portions of such streets, alleys, sidewalks and other public rights-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 streets 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
streets for the use and benefit of the public. It is accordingly agreed that if the
governing body of City should at any time during the term hereof determine in its
sole discretion to use or cause or permit the said portions of the streets, alleys,
sidewalks and other rights-of-way to be used for any other public purpose,
including but not being limited to underground, surface or overhead
communication, drainage, sanitary sewerage, transmission of natural gas or
electricity, or any other public purpose, whether presently contemplated or not,
then this Agreement shall be automatically canceled or terminated.
10.
Grantee understands and agrees that the granting of any encroachment
hereunder is not meant to convey to Grantee any right to use or occupy property
in which a third party may have an interest, and Grantee agrees that it will obtain
all necessary permission before occupying such property.
11.
Grantee 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.
Grantee 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.
Grantee 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 Grantee 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 Grantee, its officers, agents, servants, employees,
contractors and subcontractors, and nothing herein shall be construed as
creating a partnership or joint enterprise between City and Grantee.
14.
GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
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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
GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. GRANTEE 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 GRANTEE,
ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS.
15.
Grantee 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.
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After being recorded, the original shall be returned to the City Secretary of the
City of Fort Worth, Texas
16.
In any action brought by the City for the enforcement of the obligations of
Grantee, City shall be entitled to recover interest and reasonable attorney's fees.
17.
Grantee 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.
18.
THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION
CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF
THIS AGREEMENT.
19.
This Agreement shall be binding upon the parties hereto, their successors
and assigns.
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EXECUTED this day of ( " . 2005.
CITY OF FORT WORTH, GRANTOR , GRANTEE
1
By:_ �� _ By: AYY?Lf/,214Z
Dale Fisseler, Asst. City Mgr. J dge Tom Vandergriff
ATTEST: APPROV AS TO FORM AND LEGALITY
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City Secreta �SS� City Attorney
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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 Dale Fisseler, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this qVa — day of
I1 , 20 - j _.
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KgTW mmiS IONEDURPUM Notary Publi in and for the
=" SAV r, Iy�4,lAOD EXPIRES
State of Texas
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 Tom Vandergriff ,
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 Tarrant
County, Texas , and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
44cir e"� , 2005.
p�"PY Gam
GR,-,'-'"E . . RHODEN Notary Public in and for the
itotery Public State of Texas
S TAI. OF TEXAS
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N1:101 I'D
REGARDING: ENCROACHMENT AGREEMENT WITH CITY OF FORT
WORTH: CROSSING FELIKS GWOZDZ PLACE
APPROVAL FORM FOR DISTRICTTTORNEY
By:
Assistant Di ' Attomey*
*By law, the District Attorney's Office may only advise or approve contracts or
legal documents on behalf of its clients. It may not advise or approve a contract
or legal document on behalf of other parties. Our review of this document was
conducted solely from the legal perspective of our client. Our approval of this
document was offered solely for the benefit of our client. Other parties should
not rely on this approval, and should seek review and approval by their own
attorney.
AUDITOR APPROVAL OF FUNDS
CERTICFICATION OF FUNDS AVAILABILITY
By:
S.RENEE TI ELL, COUNTY X M ITOR
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EXHIBIT "A"
LEGAL DESCRIPTION
ENCROACHMENT AGREEMENT AREA
BEING a 10 foot wide strip of land located within the public right-of-way
of Feliks Gwozdz Place (a variable width right-of-way) in the City of
Fort Worth, Tarrant County, Texas . Said 10 foot wide strip of land being
more particularly described by metes and bounds, as follows :
BEGINNING at a point in the North right-of-way line of aforesaid Feliks
Gwozdz Place, and the South boundary line of the Tract of land
conveyed to County of Tarrant according to the deed recorded in
Volume 9090 , Page 2336 of the Deed Records of Tarrant County,
Texas, and being located S 890 55 ' 25" E 201 . 65 feet, from the
Southwest corner of said Tarrant County Tract, being the
intersection of the North right-of-way line of Feliks Gwozdz Place,
and the East right-of-way line of St . Louis Avenue;
THENCE S 890 55 ' 25" E 10 . 01 feet, along the North right-of-way
line of said Feliks Gwozdz Place, and the South boundary line of
said Tarrant County Tract, to a point ;
THENCE S O10 59 ' 41" E 57 . 17 feet, crossing Feliks Gwozdz Place,
to a point in the South right-of-way line of said Feliks Gwozdz
Place, and the North boundary line of Lot 1, Block 1, John Peter
Smith Hospital Site according to the plat recorded in Volume 388-
213 , Page 60 of the Plat Records of Tarrant County, Texas ;
THENCE N 890 57 ' 14" W 10 . 01 feet, along the North line of said
John Peter Smith Hospital Site, and the South right-of-way line of
said Feliks Gwozdz Place, to a point ;
THENCE N O10 59 ' 41" W 57 . 18 feet, crossing Feliks Gwozdz Place
to THE POINT OF BEGINNING, containing 572 square feet of land.
OF
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EXHIBIT "Af f BRmAIN &CRAWFORD
LAND SURVEYING Ac
10' HIDE TOPOGRAPHIC MAPPING
1617)Ott-0111 —1"0 4Mi11t
ENCROACHMEI�'r FAX ... (617)6t6—W47
►.4 60X 11374-3606 60UTH FREEWAY
MTS FORT WORTH. TEXA6 76110
AGREEMENT EMIL: AOYIIMIRITTAM-CRA1FORC.0011
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ANUARY 12, 2005
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COUNTY OF TARRANT z
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a VOLUME 9090, PAGE 2336 I 0 r
I I D.R.T.C.T. W In o
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S 89`55'25"E I m
10.01' I
SOUTHWEST CORNER POINT OF
I I TAR °1l1�TM BEGINNING
S 89'55'25"E 201.65'
N 01°59'41'W
57.18' 0 '
of
FELIKS GWOZDZ PLACE 10' WIDE 57.17'
(A VARIABLE WIDTH RIGHT—OF—WAY) ENCROACHMENT
AGREEMENT AREA
572 SQ. FT.
LOT 1. BLOCK 1 N 89° 7.14"W
JOHN PETER SMITH ,
HOSPITAL SITE �}RP�r
VOLUME 388-213, PAGE 60 ��y,�q�"' R� YS6M�9��
P.R.T.C.T.
Encroachment Agreement with City of Fort Worth to run Fiber
High Speed Cable across Felix Gwozdz Place
Approval Form for District Attorney
By:
Assistant District Attorney*
*By law, the District Attorney's Office may only advise or approve
contracts or legal documents on behalf of its clients. It may not advise
or approve a contract or legal document on behalf of other parties. Our
review of this document was conducted solely from the legal perspective of
our client. Our approval of this document was offered solely for the
benefit of our client. Other parties should not rely on this approval,
and should seek review and approval by their own attorney.
AUDITOR APPROVAL OF FUNDS
CERTIFICATION OF FUNDS AVAILABILITY
By:
S. RENEE TIDWELL, COUNTY AUDITOR
CDS E�" Ra V
i
TARRANT COUNTY
BUDGET & RISK MANAGEMENT
DEBBIE IG SCHNEIDER
DIRECTOR
January 20, 2005
CERTIFICATE OF SELF-INSURANCE
To Whom It May Concern:
Re: Tarrant County High Speed Connection from
JPS Hospital to Medical Examiner's Office
10/01/2004—09/30/2005
Please be advised that Tarrant County is self-insured and furnishes this Certificate of Self-
Insurance in lieu of the required general liability insurance certificate.
In the event of a claim, please contact the Tarrant County Budget & Risk Management Office at
(817) 884-2645.
Sincerely,
Paul wood
Paul Wood
Risk Management Specialist
PW:vt
TARRANT COUNTY ADMINISTRATION BUILDING
100 E.WEATHERFORD ST.,SurrE 305,FORT WORTH,TExAs 76196-0102 817-884-2640 FAx 17-212-7202
rage i of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/5/2005
DATE: Tuesday, April 05, 2005
LOG NAME: 06FELIKS AERIAL REFERENCE NO.: C-20637
SUBJECT:
Authorize Encroachment Agreement with Tarrant County, Texas, Authorizing Use of Right-of-Way
for an Aerial Fiber Optic Cable in the 200 Block of Feliks Gwozdz Place
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into an encroachment
agreement with Tarrant County, Texas authorizing use of the right-of-way for an aerial fiber optic cable in
the 200 block of Feliks Gwozdz Place.
DISCUSSION:
Richard Boykin, Operations Manager for Tarrant County Information Technology, is requesting use of the
right-of-way to install an aerial fiber optic cable in the 200 block of Feliks Gwozdz Place_ The cable will
connect John Peter Smith Hospital to the Tarrant County Medical Examiner`s office located at 200 Feliks
Gwozdz Place. The purpose of the cable is to provide access to a much faster network, improve
connectivity between buildings and provide more efficiency to public employees and save tax dollars while
contributing to the services these entities provide to the public.
The Encroachment Committee has reviewed this request and is recommending approval.
The encroachment will be in Council District 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Dale Fisseler(6140)
Originating Department Head: Bob Riley (8901)
Additional Information Contact: Bob Riley (8901)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 04/06/2005