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HomeMy WebLinkAboutContract 39263CONTRA SECRETARY NO 3 ENCROACHMENT AGREEMENTC r ��; Se ADO 6 2008 STATE OF TEXAS § p9 200q COUNTY OF TARRANT §�'>Iih FariTlties planning THIS AGREEMENT is made and entered into by and betw� 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 COLLEGE DISTRICT, a political subdivision of the State of Texas, acting herein by and through its duly authorized Chancellor or duly designated agent hereinafter referred to as "Grantee", Owner of the property located on the north and south sides of the Bluff Street right-of-way (known as proposed Lot 1 R, Block 1 of the Tarrant County College Downtown Campus Addition) between Calhoun Street and Commerce Street, Fort Worth, Tarrant County, Texas ("Property"). W/TNESSETH: 1. The City maintains a 54" sanitary sewer line known as M-282 (the "Sanitary Sewer Line"), contained within a proposed 60' wide sanitary sewer easement hereinafter referred to as "Easement", located approximately 90' below the surface of the Property. Grantee desires to build its Downtown Campus facilities on the surface of the "Easement" after the Bluff Street right-of-way, currently located on the Property, is vacated. By this agreement, the parties desire to allow Grantee to encroach upon the "Easement" for purposes of the Downtown Campus while making provision for the continued maintenance and operation of the Sanitary Sewer Line as presently located. 2. For and in consideration of the payment by Grantee of the fee set out below and the true Cl"d faithful performance of the mutual covenants herein contained, City hereby grants to Grantee permission to construct/ install and/or allow to remain, Improvements ("Improvements") that encroach upon, use, and/or occupy portions of the space on and/or above the "Easement" , such Improvements are described as follows: Two proposed school buildings (designated as buildings '8' and '9') with a courtyard between buildings. The location and description of said Improvements and the encroachment is more particularly described in Exhibit A, attached hereto, incorporated herein and made a part hereof for all purposes. 3. All construction, maintenance and operation in connection with such Improvements, 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 Development of City, or his duly authorized representative. All plans and specifications thereof shall be subject to the prior written approval of the Director of Development, 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. Ur� IMCIAL RECORID nITY SECRETARY � 'il". WORTH, 4. upon completion of construction and installation of said Improvement and thereafter, there shall be no encroachments affecting the Sanitary Sewer Line, except as described herein and shown on the hereinabove referred to Exhibit A. 5. Grantee shall rehabilitate the Sanitary Sewer Line by sliplining the line in accordance with City specifications, and with the City's prior concurrence, or by another method acceptable and approved by the City. The rehabilitation of the sanitary sewer line shall be performed by January 1, 2010. In connection with such work, Grantee shall secure all necessary approvals and consents from any utility companies or appropriate agencies of the State or its political subdivisions. Following completion and acceptance of Grantee's work in connection with the rehabilitation of the Sanitary Sewer Line, the City agrees to use reasonable effort to ensure that any maintenance or other work necessary on the sanitary sewer line in the future do not disturb the improvements installed thereon. 6. City may enter and utilize the easement for the purpose of repairing or maintaining the Sanitary Sewer Line. In this regard, Grantee understands and agrees that City shall bear no responsibility or liability for damage or disruption of Improvements installed by Grantee or its successors, but City will make reasonable Worts to minimize such damage. 7. 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. 8. 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 Improvements, encroachment and uses. 9. 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. 10. Grantee covenants and agrees that it shall operate hereunder as a separate political subdivision of the State and 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 A 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. 11. 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 Encroachment Agreement in its entirety in the deed records of Tarrant County, Texas. 2 After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas 12. 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. 13. 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. 14. This Agreement shall be binding upon the parties hereto, their successors and assigns. EXECUTED this day of , 2009. 0 CITY OF,FORT WORTH, Grantor TARRANT COUNTY COLLEGE DISTRICT, Grantee By: (`ernando Costa Assistant City Ma ATTEST: By: City Secreta STATE OF TEXAS COUNTY OF TARRANT i APPROVED AS TO FORM AND LEGALITY: By: NU I 1UA City Attorney BEFORE ME, the undersi ne��autl�o Ih/, a �`otary Public in and for the State of Texas, on this day personally'peare"c �FNO COSTA, 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 2009. OFFICE this o1 n(d, day of S�Pr otary Public, State of Texas :��'�YeY'�; EVONIADANIELS `*� '`` MY COMMISSION EXPIRES ��rf 4F �*�� July 10, 2013 RECEIVED SEF o 2 zoos 3 P:\F'W\20514000\Documents\Encroachment Agreement_54-inch Sewer, 10-20-06.DOC TCCD Facilities Planning 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 Erma Johnson Hadley , 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 COLLEGE DISTRICT, and in the capacity therein stated. GIVEN 2009. #561857.1 UNDER MY HAND AND SEAL OF OFFICE this 9th day of September KAREN S, BURKHARY Notary Public, Stale of Texas My Commission Expires .May 19, 2013 State of Texas Pcco,c v2�o09 Qc','�esp�4 �FFICIAR. ��CC�� I 0'41TY . EGRETAIRY 0 P:\FW\20514000\Documents\Encroachment Agreement_54-inch Sewer, 10-20-06.DOC EXIST. 48" S.S. '' EXIST. 48" S. 'TO BE ABANDO�IE� '� C] B�-vlri 9 n ��'� i i.; I� I a a z m 54` S.S. 1 " � 100' 8�. PGt 1 CALHOUN ST. � — WA-T6�L FCATLIQE CFot�I�T/}ln)� PEpt,, CA�DI►JGr �A�"Z �T �� EXHIBIT —A EASEMENT ENCROACHMENT EXHIBIT TARRANT. COUNTY COLLEGE, DOWNTOWN CAMPUS DECEMBER 12, 2006 v-�,�►sip ��Sc �, ��t FORT �ORTH LDPEZ6ARRIA GROUP Mcw,a.R rgat.re, film FAriMC1� IraY�Rbr)Nn ��� •.ar.aana�aacr�a«�a•we��ne.o�a..n�aau.-•..w...w t.tih�a>�...a.. w• ��-�'. - a.ta as W �v �sitow �'IT`1t'-���i�'� M���' r I�a i�'OI�TIi, Tx �xbibit "B" CERTIFICATE OF INSURANCE Issue Date: 9/29/2009 PRODUCER This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend, or alter the coverage Wm. Rigg Co. afforded by the policies below. 777 Main Street, Suite G50 Fort Worth, Texas 76102 COMPANIES AFFORDING COVERAGE Company Letter A American Home Assurance Company INSURED Company Letter Tarrant County College District B Westchester Fire Insurance Com any 1500 Houston Street Company Letter Fort Worth, TX 76102 C Company Letter D Company Letter E COVERAGES This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated, not withstanding any requirement, term or condition of any contract or other document with respect to which this Certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. CO Coverage Policy Number Policy Effective Policy Limits of Liability LTR Date Expiration (MM/DD/YY) Date (MM/DD/YY) General Liability General Aggregate $ 4,000,000 X Commercial General Liability Products Comp/Ops $ 4,000,000 _ Claims Made X Occurrence Aggregate _ Owner's & Contract Protection Personal & Adv. Injury $ 2,0001000 A X Waiver of Subrogation GL 189 49 67 10/17/08 10/17/09 Each Occurrence $ 2,0005000 Fire Damage (Any 1 Fire) $ 509000 Med. Expenses (Any 1 $ 107000 Person Automobile Liability Combined Single Limit ..Any Auto _ All Owned Autos Bodily Injury (Per Person) _ Scheduled Autos _ Hired Autos Bodily hijury (Per Accident) _ Non -Owned Autos _ Garage Liability Property Damage Other Excess Liability Each Occurrence $ 2520005000 B X Umbrella form G22011716001 10/17/08 10/17/09 Aggregate $ 25,000,000 Other than Umbrella form Statutory Workers' Compensation Each Accident And Employer's Liability Disease Policy Limit Disease Each Employee Description of O erations/Locations/Vehicles/Restrictions/S ecial Items Project: TCCD Downtown Campus Public and Private Utilities City of Fort Worth is Additional Insured on General Liability as regards referenced project as their interest may appear per written contract, subject to policy terms and conditions CERTIFICATE HOLDER CANCELLATION Should any of the above described policies be cancelled before the expiration date City of Fort Worth Thereof, the issuing company will endeavor to mail 30 days written notice to the 1000 Throclanorton Street Certificate Holder named to the left, but failure to mail such notice shall impose no Fort Worth TX 76102 Obligation or liability of any kind upon the company, its agents or representatives. 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