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HomeMy WebLinkAboutContract 43611CITY c' ffMY coNTRAm 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 Event Facilities Fort Worth, Inc. acting herein by and through its duly authorized President hereinafter referred to as "Grantee", Owner of the property located at adjacent to 2111 Montgomery Street. • 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, 09-2'f -1 2 PO4:56 IN 1 • OFFICIAL RECORD: CITY SFCRF T ARY • ` ftY IT [ r , TX . sidewalks and other public rights -of -way, such Improvement(s) are described as follows: The applicant is requesting a proposed retaining wall that is needed at WRMC The wall varies in height from ground level to approximately 2.75 feet. The wall is located within the right-of- way of Montgomery Avenue due to the no dig rules on the adjacent portion of WRMC. This no dig rule is in place due to high levels of soil contaminants and is regulated by the EPA. The wall, in its proposed location does not cross any known utilities (city or franchise). 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 e ncroachment 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 e ncroachment 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 u nderstands 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 Two Hundred Seventy Five Dollars ($275.00). 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. 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 nght to control the details of ►ts 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 ►nvitees. The doctrine of respondeat superior shall not apply as between C►ty 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 P ERSONS, 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, S UBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR S UCH 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, S UBCONTRACTORS, 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 Tess than the following: $1,000,000 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. EXECUTED thisa?1,1 day of City City of Fort Worth By: Q24/ oc6LAT "Deft��`4 ='� DIRECTOR PLANNING& DEVELOPMENT ATTEST: Pt Ap0 01 r 0 011/4 %vA 4 00 y4zie 2t 00000 qa:( if' rxeNy..°4 10 Grantee EE-Venie Name: Mike Groomer Title: President me° al �,�Approved As To Form AndgleooroPobtk* Legality ott. cid a%cyo A1/2 .. n o Assistant City Attorney jet: °°*/§1 ,2011- OFFICIAL RECORD CITY SECRETARY FT, WORTHS TX t�_rit STATIH OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of dmff" Texas, on this day personally appeared a\)-��.. o1: -- =c-, 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 )1 day of a-ettorfrn-441- , 20 Iri IRMA MEW Notary PUNIC STATE OF TEXAS My Comm. Exp. Jan. 23, 2016 • a %.•1 • x. 12S�C3MLww.. {•. • A. .+4V• . r1 r on • • Notary Public in and for the State of Texas 11 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 Mike Groomer 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 Event Facilities Fort Worth, Inc. and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /7_, day of S&plerobtr , 20 . •�, Sharon Lee McClung * My Commission Expires 4 01/10/2015 ®Fc Notary Public in and for the V State of Texas 595 590 585 PROFILE SCALE NORM 1" = 20' VERT: r = 2' 2.9' MI MONTGOMERY STREET 8' NIDE FLUME W/ 12" CURES 0+00 0+50 SECTION A -A DUNAWAy MD Bailey Avenue • Salle 400 • Fat Walk Taos 76107 Tet817.A5.1121 • Fmc817.3357137 (IX RE. F-11141 595 SOUTHWEST LOT (NO DIG REQUIREMENTS) PROPOSED RELAYING WALL (MAX HEIGHT ?J5) 590 585 0+88 .101111111, 595 590 585 580 AI I CPC STA 0+00.00 WL-1 BEGIN WALL N 6954391.08 E 2316258.46 0+00 PT STA 0+08.06- RTW -1 N 6954383.41 E 2316260.59 } - 589 MONTGOMERY STREET TOP OF WALL -0.4996 _—_-1301-1014-0F WALL — 0, 50 XI 1+00 STA 1+6 .56 ^ RTWL-1 END WALL N 6954229.91 E 2316261 05 G GRADE /-PROPOSED DRAINAGE --- I FI Mir SOUTHWEST LOT - RETAINING WALL 1+50 T PROFILE SCALE H00.2: P= 20' VERT: 1" = 2' 2+00 59 kill 595 590 585 580 2+50 GRAPHIC SCALE 211 1 PI FUT ), Inch- 20 R 10 BIT A EXIST 24' SSi X-14142. L-7251T srA 0+00.00 LINE S rA J0+21.87 L-1251 CONST 5' DIA SSW V1111.1 CONCRETE COLLAR RIM ELEV. a 588.6f FL 24 ON) = 578.10 I FL EXIST. 12' (IN) = 578.9r FL EXIST. 18' (IN) c, 578.4k FL EXIST. 24" (OUT) a 578.02 N:6954413.8631 E.•2315245.5740 } 1 STA 0+30.74 - UNE S-! CONST 5' DIA S$MH Iilfl CONCRETE COLLAR RIAf ELEV. = 08Z5f Ft 24" 'IN) = 578.23 FL 24' (OUT) = 578.13 N:6954397.5262 Z� 111CnvnYnll /SPRO, JM1 tOCATOM v V 511:4 Ml91U0 CLCCWR. CnnmACtar SHALL 0tC Untn UU1104 FHLII t9 tN615V. Snare,' 1400 EOIS1UlG E23162195386 rl 24' S5 /U)<rim J)v STA 1+I745 (I2i4' LT) N 69S011.50 E 2316235,82 srA 1+47,23 (12.11' LI) N 6954261.75 -SA-S-YBC�2%IP.29',LT) N (4542 1.97 N 231623931 srA J+79.G8 (I267' LT) N 6954049.61 E 2J16248.93 STA 34-1977 (IZJ6' LT) N 6954109.42 '-E 2316245.75 PROPOSED CURB & -� 106 SY OF PROPOSED "'HYDROMULCH LINE S-1 2+0 P/t(�POSEO CURB & STA 2+06,53 - LINE S-1 'il tr or CONST 5' OTA. DROP SSW( PROPOSED_._...._" IWIH CONCRETE COLLAR Y(w0Sul cif ,.I.: RIM ELEV = 59/.4- FL 24" (M) = 57&4( FL T.. IVV4/ - ato.4i FL EXIST. 6' (7N) = 58ZIt N:6954227.9340 e231622Z9612 Ii l i l l IC War) 0fU SEEOINO A'6Rf /4.4 n ciT �_ I w y 605 .'^laAc- ol,. K a'fF I -I ' I I j l l '1"I It • 1 I 1 1 1! i I} I 1, 1 1 1 1 1 i, (' f I -252 LP PEAWAT ENT' -ASPHALT PAVEMENT _ 229 F p£^MANENn A5PHALT A EA(li TRENCH REP qt--1- mttth4T"RE/'NR PIER 0 r IL SIH-qzy :PER 0 TAL Su(-02.t0iTCFIf1 , Efr 0 rTL�y,R-D2 OA,^TL,-PER•OCTAL VR2-629 -1 L CIXCR 5T LD"Q J__ .. - r _ . I T. I Q REPAIR �A hL - r 595 585 _ r`i I 'j- L.y3 II J jJis fF OFI2i" �i (4.9Y46F PIS a' 10i O r01 C R.OAb�L )? - • - .Q 4' 6.p1 '400 L. 575.L 3),I.F OF 24 1-, , �- -50R"23-1'W-0 O.'0: `O .. - 3 W I e m W ntt _ "4192 -ti F!N I� X5 __ _,_ I [ J] t rrIRCPOSNI 11 IT2 _ ice.. . �'- I- _ .. i -- -- B r 1 EXISTING 4" S5 SERVICE IO BE ABANDONED t::.:\ `IRS .IS - 00 MATCH LINE STA 6+00 PROPOSED - y4 CURB 56 SY OF PROPOSED HYDRO.VULat IOU 40' PROPOSED EASEMENT 24' Ss 25 _ _ • MONTGOME STA 3+81.8, LINE S-1, srA 3+42.54 EXIST l8' ss (VAtKAALE WIPT9 R ^r. o ^••.mot •-•. -. ^i.Y•.' Ccisr 5' DIA DROP SS4H - - IMMTH CONCRETE COLLAR RIM ELEV - 597.8* ft 24" (PO = 578.59 ft 24' (OUT) - 57&59.T FL oast 8" (IN) = 59232 t1FL EXIST. 18' (IN) m 5830Se Tk 6954046.8526 1 C:2316236.376341 li r • Rner .. .. 0IUV00'III f PR,' vvt. LOT V LY u.znw 014/11a `CLFG CONTACto4 Wll -Iry .[a FC VC S9CII 4PI r '1 J STA 4+97.30 6953930.94((4.2J' Rr) 1 E 2116254.95 \-EMST 15" SS X-2111% t-7257 =.. LEGEND I?SITREET--i �RT'OF"WAY) STA 4+537I - (mE 5-1 CONST 5' O(A 551(H II//H CONCRETE COLLAR STUB 10 LF OF 24' A5714 F679 46-PS PVC 0 0.10 SOUTH & PLUG RIM ELEV - 599.31 FL 15' ON) = 578.73 ft 24" (IN) = 578.7J FL 24' (OUT) = 578.69 AS 6953945.0755 1 E.' 23I6241.2632 I.PJi1;1111 AI4 9AT+lAJ 94f LF:7Y C� RR££P.AVRI PER BEtAI4 SIR -030 ACKFILL PER -DETAIL: %t1R 029.t _ _ __ I - N b ' � ! I vT SCALE.' H: i = 40' 605 BY OPIEI.S -EXs '(D 16' ' rQ RTARI' 5EY-R - --- __ 585 ENAp I. 595 C 4• t I J -J 1 _1. - - 7-A41F.I >F IS _- - - _-L 'i i '- , S0R-26 P)C I - 0 /6T I- J .. Ii_1' I� I ---i Q -Ono-{{..57 Ai coal "l 01 �^✓`.7J.1¢G0-.J-. Oct* �O.It-L00 OdrL6,0 hLO Ore=C0I MOD „ Owm 2.1: MOO A51J ?r -L102 LF�OF 24'. '� I i • -1 N .__ a1 IN - I - ! Lo • N _1_ _ .g 565 , .._L"_-, 01�� I-'---'-1-�- v;Roo 0400 /+00 2+00 W � I cr _ Aso . r iroros rsw�_ 0611'% 400J' J. n$ _. I_ - _ y, '_-- __ __ ,, O 'Wl I b la % S us 19 W�I I eci • aC4 3+00 4+00 5+00 6+00 - 575 1 EXISTING PROPERTY LINE - EXISTING CONTOUR EXISTING STORM INLET = EXISTTNG STORM DRAIN - EXISTING FENCE _ EXISTING SANITARY SEWER UNE - EXISTING WATER LINE EXISTING TELECOM UNE EXISPNC UNDERGROUND ELECTRIC LINE EXISTING TIRE HYDRANT EXISTING WATER VALVE EXISTING SANITARY SEWER MANHOLE EXISTING WATER MANHOLE EXISTING WATER METER EXISTING TELECOM MANHOLE EXISTING SICK EXISTING UTIUTY POLE PROPOSED SANITARY SERER UNE PROPOSED UPUTY EASEMENT PROPOSED CURB PROPOSED HYDROMULCH SEE SANITARY SEWER DETAILS FOR DETAIL \VTR-0291.1 FOR EMBEDMENT AND BAC/WLL FOR SEWER 111T1 DEPTHS GREATER MAN 15 FEET GRAPHIC SCALE o 40 10 11Mchh+ 40 40 rt. DESICNCD: RJL D?A'All: CARD REVISIONS PCIJ No. 2 PC0.1 NO. 10 I CUM 13/27/12 A/77/17 f1,16etAanue • We M • WIW ...colh) IN617S3S MI •• to( II/A14ItOIUI 6-IT 24AT Dunonoy Aasoc oto . Inc. 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M(J69 N: 695443537 X' 6955717,1PE N 6954/1 Ln2 N 696341661 E:2316169.16 E-2316.15837 E:23114US74 C:231620444 EL EV: 566.E ELEV: (49,18 ELEV.56192 ELEV: ,7N NTEF NAL#6692 co fHER ALf !ILY. crrx rWATT. TM I xnrlcu X•]Itf Y.I(,1 >L144Co::) lit CITY OF FORT WORTH. TEXAS TRANSPORTATION AND PUBLIC WORKS TRANSPORTATION PROGRAMMING & CAPITAL PROJECTS DIVISON HARLEY AVENUE MONTGOMERY STREET TO RIP JOHNSON SANITARY SEWER PLAN & PROFILE w SKEET t208 oT 21.1/ rx DATE: MAY 24112