HomeMy WebLinkAboutContract 43580 (2)STATE OF TEXAS
NCROACHMENT AGREEME
COUNTY OF iARRANT §
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 Trinity Basin Preparatory Inc.,
acting herein by and through its duly authorized C.E.O., Randal C Shaffer,
hereinafter referred to as "Grantee", Owner of the property located at 101 West
Pafford Street ("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,
sidewalks and other public rights -of -way, such Improvement(s) are described as
follows:
OFFlicleV, , ' ( -4) 12,,
CITY SE k o 4jL4V
12 A11:40 IN
1
Ft WORM, `ulK
i
• Underground boring of a 2" conduit under the street at St Louis Avenue
for a data line only to connect the buildings with Cat5 cabling.
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
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 and seventy five Dollars ($575.00).
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 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
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 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.
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.
5
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
6
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:
$1,000,000 Commercial General Liability
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.
After being recorded, the original shall be returned to the City Secretary of the
City of Fort Worth, Texas
17.
8
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.
18.
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.
9
ATTEST:
City Secrete
EXECUTED this
City
City of Fort Worth
Randle Harwood
Director
Planning and Develop
�Q
,e04,000
%,*4
otv
clay of
20
Grantee (Business Name)
TRINITY BASIN PREPARATORY
INC
Q By:
k--?-
csArt,aamtl Name: ass,„adedri P CCit arr
it tit/Title: es oc. o
ll
0000 °000
r 0
0�:,
0
o0 n
OgoO°icy
proved As To Form And Legality
(1)WIn
Assistant City Attorney
NO ll '10 -vim I
err, c- ,r
\\it �)iC
STATE OF TLXAS
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.
a
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 day of
e3-e- , 20
• 1. 1 • 1
.I I E ; a I . a.
Edit
IRMA SAENZ
Notary Public
STATE OF TEXAS
My Comm. Exp. Jan. 28, 201E i
vwO MIU Y.V.-uV�\M�r EI ICI Law..lt a•11s'••r•%.,•- %
L
Notary Public in and for they
State of Texas
11
STATE OF TEXAS
COUNTY OF TARRANT
blic in and for the
theBEFORE ME, undersigned authority, a Notary Pu
State of Texas,
on this day personalty appeared
known to me to be the person
d acknowledged
to me that he/she
instrument, an
expressed,
whose naCe
consideration therein
ur oses
p and Con p
stated.
1
is subscribed to the foregoing
executed the same for the
as the act and deed of
in the capacity and therein
i day of
OF OFFICE this
�
GIVEN UNDER MY AND AND SEAL
G . / �� n
\ r_.
tk,-
c-- � j
---
Nary Pu r� and for the
:
State of Texas
kt , 20---�=�--
1
001111,4
1P•: . •�� .•
%O•• ��
•
_
• M
VgiOe
p{0`•
`,7,�.
BOBBY JOE MCCUNE
Notary Public, State of Texas
My Commission Expires
February 16, 2016
V IIELIHX3
rn
Itt
1332LLS 000d
EX 484 WATER LINE
•
lame
b
\\\\\\\\\\\\�
Tv
ST. LOUIS AVENUE
TRINITY BASIN
PREFATORY
FORT WORTH, TX
\\\\\\\I
EX 48 WATER LINE •
H
SITE PLAN
MAY STREET
EX 48 WATER LINE
13381S 0dOddbd
ST. LOUISAVENUE
S. MAIN STREET
iconCnnsultin¢ Endneerz Inc.
C,Fzga.,:
\W.SSt6teBa
t. Sale 117
„u�; o
.c fatal(817)118-,„5
E FirmRVatato t tF-90,1
110
n'ORTI/—
RfairCel
fir DAM
r=-1
0 5 10 20
GRAPHIC SCALE IN FEET
SCALE 1.500.
STA 0+00-,6- WAIER UNE
INSTALL 10x6 TAPPING SUE*
CONNECT TO EX 10WATER UNE
670
6" WATER
•
t
A ITER LINE
665
STA 0+2E05,4' WAIER UNE. N • .
INSTALL 6" PLUG
, I
I EVO 6' WA1ER LINE AT PROPERTY UNE
I N
• N
1;
Lj
Li
100 WEST FOGG SIREET
0 5 10 20
GRAPHIC SCALE IN FEET
SCALE: 1..10.
11' WA
STA 0+00.-,6' WAIER LINEJ
INSTALL rxr TAPPING SLEEVE'
CONNECT TO EX 8' WAIER UNE
otnfic
r ea+
&raffia
' STA 0+21.17-4" WAIER UNE
ENO 6 WAIER UNE AT PROPERTY UNE
k INSTALL 6" PLUG
•
4 „
100 EAST PA 5
• \
•
•
•
•
•
I N N
immui •
1111111 Si IMMIII II
• r .• •wrivannin la soi
arne1111111111al
•314 • Tani m ••
I 4113, .nlom am In
. Emit 9 'I
Ng as11401111 11111111 MI II%
MEI
. a.
Mt 1111
Ea tt
al et
NMI MIN
• MI
MAI
WARNING
CCIORACTOR 10 awmcr WAS ONC•CALL
5)I1DI (I-4100-245-04.1) ON OINOF WIRY
LOOMING' SOO.= Ar LEAST 48 HOURS TEN IV
COVSIRUCROV AMMER CON CONSLICRNC
INONCOM RC RS NO r 111ZPONISTS Ptw MONO
AIL ITTSRNE UPWROT IN we waxer ARCA NOR
ID,DONCINC MC cmcr LOCATIOYS CV urines
ad TICS DRAM=
—15
0+00
\ 6:67-61 \Rum ma.' 6. &woken' tit 14.4 N. 1012 - 10:37on
0+25
0+50
f.A),s7 HUE
0.1
A,
5 NC
•""
nil a
Jetts
••
*00 0+25 04-50
685
680
O 5 10 15 20
HORIZ.
O 2 4 6 8
675
670
665
&at 8/22/12
Stoic 1,40'
Oran By 051I
Roland By OCC
Project' 5087-0I
SHEET
C 2 . 0
STA 0+1500-2"-CONDUIT
90' HORIZONTAL BEND„
STA 0+10.00•.2" CONDUIT
ALLEY RICHT--OF-WAY UNE
2' CLWDU/T
685
680
675
670
665
: STA 0+06-2" CONDUIT
ALLEY RIGHT-OF-WAY LINE
b'
� Y
T`
STA 0+5,I5.-2- CONDUIT
ST.. LOUIS RICHT OF -WAY LINE
-�-- =.rn_-_e
— 111 II
4
NEMMINII
■
111111MMEIMPFI Ell
■I■ 1111CM: • -FL 91■■ 11.��■
.; .. .I .
. E3■■■ ■■ ■■■■- ■
•
■1■11 ImI ■. ■■■■.M
—. ..�..� •N 111111
11111■ :■'.:r '. :■•
........�.. ■■■■■■ ■■■ ■■■ .�■ IMMO.
—■::—:::=_ IIIIII ■■n■IIIII ' it
' .�. D IT ��yy����l
ir 1 Ii1 m1■Ilin■m■1 ■
=i■ 1 _ 11!ii■=1■ illIl
7+00
r\sm7-oI\ w+cwrao tetra by alma•. a AN n. rou Comm
■
0+25
•
•
0+50
WARNING
C0111Mc]M IS 10 CWIACT MIS OC-CML
store c-SAh4MT) ae orwr Urtm
CONS aaaasz Ar s la 41 Hafl AlNt
aWSKIWO
IONIR ACa7N16 Wi Csteme
Au tai PC a nor waste ARO ms
OR
NL LOVING
UO/e'c N aL f= r MR
rW mCAM: me' IXAcr L000IO 5 a' MOWS
W PC MCC
0 5 10 20
GRAPHIC SCALE IN FEET
SCALE: 1'm10•
111
0 5 10 I 20
Ye10 HORIZ.
0
0 2 4 6 9
1'.4' VERT.
685 k. 0
680
675
670
665
:I
A' DAMO.t: bICACHY' 1
•
Dais 8/22/12
Says
OVXP By 0.2.1
RX.4.ad By WC
Pm}ct 5057-01
SHEET
C3.0
JUL-12-2012 09:55 From:817-341-7769
Wallace Insurance A9encli Page:1/1
rormoarodgfialliis
Acorn:, CERTIFICATE OF LIABILITY' INSURANCE I DATE(MM/DD/YYYY)
07/12/2012
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 an this certificate does not confer rights to the
certificate holder in lieu of such endorsement(sL
PROPUCt3R
Wallace Insurance Agency I TA, N,,; 817-341-7769
117 N Main
Weatherford, Tx 76086
CONTACT
KA,MEy
"ONE
,, "RNA Fr. 817-341-7766
MICROS: y@Wallaceins.net
AIL A%M: wally@WaIlaceins.net
AFFORDING COVERACE NAIC B
INSURERA: Essex Insurance Company
INSURER BI
INSURER C :
IN6uRER D
INSURER E :
76133 INSURER F
COVERAGES CERTIFICATE NUMBER. REVISION NUMBER:
INSUREP
McCune Construction, Inc
5316 Woodway
Fort Worth
Tx
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 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 dY PAID CLAIMS.
INSR TYPEOFINSURANCE LADDI.TuUBR POLICY EFF POLICY EXP
rvR wvn POLICY NUMBER (MM/DDA'YYY1 IMM/ffNYWI LIMITS
GENERAL LABILITY
A
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE u OCCUR
OEN'L AGOREGAT£ LIMIT APPPUE►S PER:
PoucY In tonT I 1 LOO
AUTOMOBILE UABIUTY
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
SCHEDULED
AUTOS
NON•OWNED
AUTOS
UMBRELLA LIAR
EXCESS LAB
I DEO I I RETENTION S
WORKERS COMPENSATION
MD EMPLOYERS' UABIUTY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
n yOa, daacribe under
DESCRIPTION OF OPERATIONS below
OCCUR
CLAIIMS•MADE
A CL421903041
N/A
11/30/2011 11/30/2012 EACH OCCURRENCE
DAMAGE TO RENTEU
PREMISES (En orryrrm00%
MED EXP (Any One Person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS • COMP/OP AGO $
S
COMBINED SINGLE LIMIT
IFa nrlktant
BODILY INJURY (Pw person) S
BODILY INJURY (Per accident) S
PROPERTYDAMAG%
(Pe1 �CFidxnn
$
EACH OCCURRENCE Is
AeORECaAT2
WC 14I I aa•
EL EACH ACCIDENT S
EL DISEASE • EA EMPLOYEI S
E.L. DISEASE • POLICY LIMIT $
S
B
DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORO 101, Additional Remerke Schedule, N more Spurs m rogt lrtd)
CERTIFICATE HOLDER
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
CANCELLATION
1,000,000
100,000
5,000
1,000,000
2,000,000
1,000,000
SHOULD ANY eP THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE
THE C P1RATION DATE THEREOF, NOTICE WILL DE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
AUTHORIZEctEPREEENTATIVE
C1ri 19B8 2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD