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HomeMy WebLinkAboutContract 32510I i Y E=CRET�' TRACT q.,,���� CON ACT 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 -X1- V, I- TD A Lrmxs abA L_A<- O.I.A 71 r Y. / �K acting herein by and through its duly authorized MAMA61T.MCi hereinafter referred to as "Grantee", Owner of the property located at �A�K j�e5r�-$Ot�trEYa,Tt� �11� ,/jg („Property„). 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, I u sidewalks and other public rights -of -way, such Improvement(s) are described as follows: 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. 2 U 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. 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, Thirtv-five and no/100 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. 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. 4 Q 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. 9 ..5 L a dQ'I. _ c U r 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 r. 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. While this Agreement is in effect, Grantee 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: Property damage, per occurrence Bodily injury, per person $100,000 $250,000 Bodily injury or death, per occurrence $500,000 with the understanding of and agreement by Grantee that such insurance amounts shall be revised upward at City's option and that Grantee shall so revise such amounts immediately following notice to Grantee 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". Grantee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Grantee 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 Grantee's contractors. 16. 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. s After being 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 Grantee, City shall be entitled to recover interest and reasonable attorney's fees. 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. 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. Z' dual/EXECUTED this Leday of , , 20 C' CITY OF FORT WORTH, G ANTOR c J LI< N O i I , GRANTEE By j Bvx Dale Fisseler, `d-' - Asst. City Mgr. r ��A.V ATTEST: City Secre6ry Cor.t ac Au*.0 zatiox date APPROVED A TO FORM AND LEGALITY City Attorney 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 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 _JS��, day of 4 11 Notary Public in and for the State of Texas KATHY F. DURHAM ='*;f MY COMMISSION EXPIRES -; January 24, 2009 ,I � 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 m(1 � c" It Y 1 f 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 cQnnsideration therein expressed, as the act and deed of c I LK L-.� �� �l L^ 1 1� and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this z�''� day of 20 D:C DEBRA JUNKIN MEERS O ary P lic i and for the My commi"ioe Expires July 31, 2008 State Of Texas a M GUIDELINES FOR PLACEMENT OF SUBDIVISION MARKERS IN PUBLIC RIGHT-OF-WAY CITY OF FORT WORTH A. GENERAL 1. All marker proposals are subject to review to assure that they possess no safety problem and to assure that they will not reduce traffic or maintenance efficiency. These policy guidelines in no way imply that the City is obligated to approve subdivision marker proposals. 2. Applicants for marker placement must own or legally represent the ownership of property on both sides of the subject street and must own or legally represent a subdivision which is logically entered into on the subject street and which encompasses an area of at least 100 acres. 3. The entity making request for markers is responsible for all maintenance and repair associated with such markers and must submit an affidavit to that effect. Should such entity fail to perform adequate maintenance or should such entity dissolve their legal existence, the City can take whatever action is necessary to cause the entity to perform maintenance and repair or the City may require that markers be removed or City may have markers removed. 4. If at any time markers must be removed to facilitate street expan- sion, turning lanes, alternative forms of transportation, inter- section changes or other work determined to be necessary for the health, safety or welfare of the general citizens, then the City can have such markers removed and will be under no obligation to pay for such markers or relocate such markers. B. PROCEDURES FOR REQUESTING CITY COUNCIL APPROVAL OF SUBDIVISION MARKER ENCROACHMENT 1. Owner for his representative) submits requests to Department of Development. Four sets of design and construction drawings shall be submitted to the City Development Department for review and _ approval. In addition to construction details, such drawings shall show specific location in reference to surrounding streets and intersections. An application fee as prescribed by the Building Code, must accompany such requests. 2. Department of Development notifies utility companies and affected City Departments of the proposed installation. The recipients have ten (10) working days to respond to the proposal. - 1 - 3. After the ten days have passed, the Encroachment Committee meets, reviews the comments, discusses potential problems, and votes to ;approve or disapprove the application. 4. If the application is disapproved, the owner is notified and given the reason for disapproval. S. Should the.Encroachment Committee recommend approval, the application is forwarded to the City Council. 6. If the application is approved by the City Council, the owner is notified and the Consent Agreement is circulated for approval and signature. An insurance certificate must accompany the agreement as proof that the applicant 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. The amount of such insurance coverage shall be determined by the City. C. PHYSICAL CHARACTERISTICS 1. Subdivision markers shall be of a size and scale compatible with the surrounding environment. 2. Subdivision markers shall only include subdivision name, and a simple subdivision logo. 3. Markers should be constructed of solid, durable materials designed to have a 30+ year life with no maintenance. Masonry materials such as cut stone, brick, reinforced concrete are recommended. Markers of wood, metal, plastic are discouraged and will normally not be approved. Markers should be solid stone, solid reinforced concrete, solid brick walls, and shall not be open core walls or other types of construction that would be subject to deterioration. 4. The subdivision name and /or logo must be permanently and solidly attached or imprinted into the marker. 5. The size, color, shape, and texture of marker shall generally be compatible and in good taste using commonly accepted good design standards. Bright colors will generally not be acceptable. Earth tone colors are recommended. Painted surfaces are not allowed. Surface colors shall be the natural color of the material used. 6. Footings and foundations for markers shall be sufficient to avoid any settling or other structural failure. Marker bases shall include concrete mow strips at least 16" in width and flush with the finished ground level to facilitate easy maintenance. :WIC D. LOCATION The guidelines which follow are based upon the need to protect lateral roadway clearances, high probability impact areas, and intersection sight'distances. 1. The placement of subdivision markers in public right-of-way must comply with all safety design criteria contained in recognized traffic manuals and be approved by the Director of Transportation and Public Works. It is the responsibility of the applicant to prove that his request meets this criteria. 2. The following sections describe, in general, where markers may be placed and be in compliance with such safety criteria. There may be instances where these generally described rules do not apply. If the applicant can -prove to the Department of Transportation and Public Works Director that a marker can be placed in such a manner and location that the motoring public can operate in a safe environment, the Director can waive any specific criteria. 3. Subdivision markers shall be placed where they do not interfere with the placement, maintenance, or operation of utilities or storm drains. 4. Safe Lateral Roadway Clearances a. Subdivision markers shall not be permitted within 6' laterally of the face of the curb. b. If there is no curb. Subdivision markers shall not be permitted with 16' laterally of the edge of the pavement. This offset will provide for the future widening of arterial; e.g., a 10' left -turn lane, and still maintain the 6' minimum clearance standard after widening. 5. High.Probability Impact Areas a. Subdivision markers will not be permitted within 50' of the end of the nose of a median. b. Sub --Standard Design Curves: In areas where the design speed of a horizontal curve of the roadway through lanes is less than the desired design speed of the remainder of the roadway, markers with massive structures which can be hazardous when struck by an auto- mobile shall be restricted from a point of 150' beyond the point of a curvature (beginning of curve) to a point 150' beyond the point of tangent (end of curve). This is illustrated on Figure 1 attached hereto. - 3 - 6. Intersection Sight Distance a. Uncontrolled Crossing Intersection Between 0' and 150' from the nose of a median no subdivision marker shall be placed. b. T-intersections or Crossing Intersections Under Control: 1. For approaches controlled by stop signs or traffic signals, no subdivision marker shall be placed in the median of the controlled street between 0' and 50' from the nose of the median. 2. For approaches controlled partially or totally by yield signs, no subdivision marker shall be placed in the median of the yield -controlled approach in such a way as to encroach upon a triangle formed by the following points: (1) the point of potential collision of the through vehicle and the yield -controlled vehicle; (2) a point 130' from Point 1 back along the uncontrolled approach a distance equal to the safe stopping distance of the vehicle assuming it is traveling at the roadway design speed and has a 1.5 second perception - reaction time. In no case shall the setback from the nose of the median be less than 50'. 3. For approaches for the intersection which my not be controlled, the marker shall be (1) located between 50' and 75' from the nose of the median, and (2) not more than 15' in height, 12' in length, and 5' depth. r AGREED TO BY (signature) Name (Printed) & Title (Printed) MLA Q fflaf V�L r*� tl:�Lr -4- ISO, a. N THIS AREA FIGURE 1 HIGH PROBABILITY IMPACT AREA SUBDIVISION MARKER POLICY GUIDELINES CITY OF FORT WORTH STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public ip an4n� ►�' f r the State of xas, on this day personally appeared n Ylr , know to me to be the person whose name is subscr' ed o 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 cJ LK Libel 0 and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z4�'"/V day —off-- -Jo+ n u& o% r N 2 O b f DEBRA JUNKIN MEERSbi Y1 w My commission Expires *oary Pu 'c ' and for July 31, 2008 the State of Texas -5- SUBDIVISION MARKER #1 13300 HUNDRED BLOCK PARK VISTA BLVD ENTRY F:EA7TJPE 13 3 t, UNDIZED BL OCIK . PARK VISTA BL VD. \ L T M 1 Off' WORK f r i - � I LOT1 ti- I LOT 1. - I GPASSY GLEN DRIVE EXISTING LIGHT B AS TYPICAL North EXHIBIT A j A SC�iLE:.1 �,=?a'-0" I 10'--0" LC-01) 61' - 6" 1, 6„ 6 _O" 1 `-6" (.LC-1) o Rutting i M Meadows CAST STONE SIGN MILSAP STONE VENEER W/ STONE TIES EVERY OTHER COURSE STONE ROWLOCK L 0 O h 6" 3" c 4" 4N #6 VERT. REBAR @ 16" O.C. STONE ROWZOCE STONE VENEER W/ STONE TIES EVERY OTHER COURSE (4) #S REBAR TOP AND B6TT6M EACH WAY W/#4 TIESS a@ 12" O.C- (4) #S REBAR PERT. W/ 4ff 12" (LG 12" CONCRETE PIER @ 10'-0" DEPTH W/24" BELL OR 3'--0" I1V7O SOLID ROCK. SUBDIVISION MARKER #2 13190 HUNDRED BLOCK PARK VISTA BLVD / 1-1 /EUSTING LIGHT BASE / TYPIC4L ` ff-n„ ` LC C-01 6„ - 6„ 1 6„ 6`-0,► 1, 61 1 - -= -- , �LG01 -. - - J trig M 4 Aleadows 3" �. -V �, s- ENTRY ELEVATION fi -�- A SCALE: I /2 "= P-0" xj CAST STONE SIGN MILSAP_STONE VENEER Wr STONE TIES EVERY OTHER COURSE STONE ROWLOCK i CAMBLOCK_WIDUR-O- WALL HORZ. TR USS E• VER Y OTHER COURSE 'COLOR OF CMU TO MATCH STONE TW O ALL CELLS SOLID W1 TWO PSI CONCRF_TE #6 VERT. REBAR na16" O.C. CAST STONE. SIGN STONE ROWLOCK _ STONE VENEER W1 STONE TIES EVERY OTHER COURSE ENTRY SECTION SCALE: 1/2"=P-0" I r 611 v ENTRY SECTION SCALE: 1/2"=1'_0" r--- SL-Bh0Cf#,-W1- _ I7ALI, IIORZ. TRUSS EVERY OTHER COURSE / COLOR OF CAlU TO MATCH STONE FILL ALL CELLS SOLID W1 2500 PSI CONCRETE CAST STONE SIGN #6 VERT. REBAR @ 16" O.C. STONE ROWLOCK STONE VENEER W1 ` - STONE TIES EVERY OTHER COURSE (4) #5 REBAR TOP AND BOTTOMEACH WAY W1 #4 TIES @ 12" O. C. (4) #5 REBAR VERT. W1 #4 TIES @ 12" O.C. _ 12" CONCRETE PIER @_10'-0" DEPTH W124" BELL OR 3'--0" INTO SOLID ROCK. M&C Request Review Page 1 of 2 wwwXFWNet,,a COUNCIL ACTION: Approved on 9/6/2005 DATE: 9/6/2005 REFERENCE NO.: C-20966 LOG NAME: CODE: C TYPE: NON -CONSENT PUBLIC HEARING: Pr 06PARKVISTASIGI 70 1% SUBJECT: Authorization to Enter into an Encroachment Agreement with JLK Land, LTD Allowing Use Right -of -Way for Installation of Two Subdivision Markers in Park Vista Boulevard RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an Encroachment Agreement to allow use of the right-of-way for installation of two subdivision markers in Park Vista Boul DISCUSSION: JLK Land, LTD, a Limited Partnership of Dallas County, Texas, through its agent, Ironwood Design Grc Texas is proposing to construct two subdivision markers (or monument signs) in the median of Park Vi: Boulevard. One marker will be placed in the 13300 block of Park Vista Boulevard and the other will be placed in the 13190 block of Park Vista Boulevard. They will be located in the subdivision known as Rc Meadows in close proximity to Alliance Gateway Corridor. The markers will be constructed of stone an include cast stone sign with the name "Rolling Meadows." The purpose of the markers is to provide identification for the "Rolling Meadows" development. The Encroachment Committee has reviewed this request and determined that the proposed installation meet the requirements of the City of Fort Worth. Therefore, the Committee is recommending approval application. The encroachments will be in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for Citv Manaaer's Office bv: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Dale Fisseler (6140) Bob Riley (8901) Bob Riley (8901) ATTACHMENTS http://www.cfwnet.org/council_packet/mc review.asp?refnum=C-20966 10/31/2005 M&C Request Review Page 2 of 2 Attachments for M&C 1 of 4 tif.tif Attachments for M&C 2 of 4 tif.tif attachments for M&C 3 of 4 tif.tif Attachments for M&C 4 of 4 tif.tif http://www.cfwnet.org/council_packet/mc review.asp?refnum=C-20966 10/31/2005