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HomeMy WebLinkAboutContract 45562 CITY SECRETAW CONTRACT NO, EASEMENT ENCROACHMENT LICENSE AGREEMENT: Commercial THIS NT is made and entered into by and between THE CITY of FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City manager or its duly designated Assistant City Manager `City") or Planning and Development Di*reetor, and Fort Worth Country Day School, Inc hereinafter referred to as "Licensee"" owner of the property located at 4200 Country :day bane, Fort Worth,TX ,76109 ("Property"). RECITALS WHEREAS, Licensee is the owner of certain real property described as Bloch A I R, Country Day Park, an addition to the City of Fort Worth, Tarrant County, Texas as recorded Cabinet Slide f the! Property records, County WHEREAS,, the City has a 20 foot wide drainage easement (the "Easement"') the property as shown on the map attached to this Agreement as Exhibit "A" d a incorporated herein WHEREAS,, Licensee desires to construct'place and maintain a pedestrian bridge which will span the Easement, and which will encroach onto the City's Easement as shown on the attached survey and only to the extent shown thereon; and WHEREAS, to accommodate the needs of the Licensee,the City will allow the Encroachment under the terms and conditions as set forth in this Agreene .t. NOW,,THEREFORE, the City and licensee agree as follows-, AGREEMENT L The City, in consideration of the payment by the Licensee of the fee set out below and covenants and agreements hereinafter contained, to be kepit and performed by the Licensee, hereby grants permission to the Licensee to encroach upon and occupy a. portion. of the City's Easement as described in and at the location sho wn Exhibit A for the purpose of constructing a pedestri bridge honoring individual whom have influenced Fort: Worth Country lay School (the "Encroachment"). Upon completion of the Encroaclunent, Licensee agrees to be responsible for maintaining and and all structures mPoMNMNO'WVtltl1'I - wryp�VMNNIIIIIIIIIIIIIIIYIYUIpW19VMNWo99NW IMIWiiIN011I1010101001011N4N",'IIUtl010NGNI0 1 0 11111 0 I OFFICIAL � 2012 aseme t Encroachment g eet rent-Commercial 00aIfNM tl Mt101U( of NU......0 �i� SECRE"MR,4 R E C E I V E MM 01201 T VIORTH,� 1' o¢:WNUww�uwiuiuiNmuiooMomMOOm'rvmlmmuuuuumuiWOwuwuiwWOmVW!WOPNWIYI,camel'^Mi'a^"^'muoiWOUrv'rm000ummmmnowwooiouuWmuWi000mrimltwV'Nioirm.'. Is and builaings within and above the Easement. Licensee shall not expand or otherwise cause the Encroachment to further inf nge in or on the City's Easement beyond what is spy cl,'fically described in the exhibit s) attached hereto. 2. All construction, maintenance and operation in connection with such Encroachment., use and occupancy shall comply and be performed in strict compliance with the Charter, Ordinance and Codes of the City and in accordance with the directions, of'the Director of the Transportation and Public, Works Department or the Director of the Water Department of City', or his duly authorized representative. Prior to the construction of the Encroachment, Licensee shall sou mit all plans and specifications to the applicable Director or his duly authorized representative. Licensee shall not commence construction of -the Encroachment until such approval shall be 'indicated in writing by the Director. ,However, such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation f'such plans and specifications. 3. Licensee agrees that City may enter and utilize the referenced areas at any time for the purp ose of installi 0 ng, repa iring replacing or maintaining improvements to its public facilities or utilities necessary for the health, safety and welfare of the public for any other public purpose. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but City will make reasonable efforts to minimize such damage. 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 the Encroachment and use,, Licensee shall pay to City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public Works or the Director of the Water Department of the City, or his duly authorized representative. 2012 Easement Encroachment Agreement-Conunercial Page 2 of 9 4. In order to defray all costs of inspection and supervision which City has incurred a or will incur as a result of the construction, maintenance,, i,ns ection or management of the encroachments and uses provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Two Hundred and Seventy Five Dollars ($275.00). Upon execution of this Agreement and annually thereafter, Licensee agrees to pay a fee in the amount of$.56 per square/linear foot of the encroachment area. 5. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City of Fort Worth. Provided however, this Agreement shall terminate upon, the non-compliance of any of the terms of this Agreement by the Licensee. City shall notf Licensee of-the non-compliance and if not cured within thirty days this Agreement shall be deemed terminated. 6. It is her understood and agreed upon between the parties hereto that the easements 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 easement as have been delegated to it by the Constitution of the State of Texas or by the Legislature; and that City car not. I 'M contract away its duty and its legislative power to control the easement 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, that does not preclude the use of the Encroachment on the Property for a office building or activities related thereto, 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 the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose., 2 012 Easement Encroachment Agreement-Commercial Page 3 of 9 r LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND :DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,, AGENTS, SERVANTS, EMPLOYEES AND ELECTED FFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INTURY, INCLUDING DEATH, TO ANY AN ALL PERSONS, O WHATSOEVER KIND CHARACTER, ARISING OUT OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENTS AND USES GRANTED, HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE, OIL IN PART, BY THE NEGLIGENCE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,, LICENSEES, ELECTED OFFICIALS OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AN RESPONSIBILITY FOR SUCH CLAIMS OR SUITS, LICENSEE 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 THE ENCROACHMENTS AND ANY AN ALL ACTS, OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,LICENSEES, OR INVITEES. 8. While this, Agreement is in effect, Licensee agrees to ish City with a Certificate of Insurance, naming City as certificate holder, as proof that has secured d 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 n Exhibit "A". The amounts of such insurance shad be not less than the following: $1,0010,000 Commercial General Liabi 1 y. with the understanding of and agreement by Licensee be revised upward at City's option and that Licensee 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 tern (10) days pr%or tten notice to the Building Official of the City of Fort Worth. A copy of such 20,12 Easement Encroachment Agreement-Commercial Page 4 of 91 Certificate of Insurance is attached as attached as Exhibit "B"". Licensee agrees to submit a i Har Certificate of Insurance annually to City on the anniversary date of the execution smi of this Agreement. Licensee agrees, binds and obligates itself, 'its successors and assigns, to maintain and keep .'in force, such public liabi,lity surance at all times during the to of this Agreement and until the removal of all encroachments and the cleani*ng and restoration of the city streets. All insurance coverage required herein shall include coverage of all Licensees' contractors. 90 Licensee agrees to deposit with the it when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Encroachment on Easement 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. 10. Licensee 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 Encroachment and uses,. 11'. Licensee 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. 2 012 Easement Encroachment Agreemen nmercial Page 5 of 9 12. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an o�ffi,cer, agent, servant or employee of City, and Licensee 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 Licensee I its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed,as creating a partnership or joint enterprise between City and Licensee. 13. Licensee agrees and acknowledges that this Agreement is solely, for the purpose of permitting Licensee to construct maintain and locate the Encroachment over or within n the described Easement and s not a conveyance of any right, title or interest in or to the Easement nor is it meant to convey any right to use or occupy property in which a third party may have an interest. Licensee agrees, that 'it will obtain all necessary permission before occupying such property., 14. In any action brought by the City for the enforcement of the obligations of the Licensee,,, City shall be entitled to recover interest and reasonable attorney's fees. 15. The parties agree that the duties and ob�ligation contained paragraphs 3 and 4 shall survive the termination of this Agreement. 2 012 Easement Encroachment Agreement-Commercial Page 6 of'9 16'. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the VMtten approval of City, and any attempted assignment without such written approval should be void. 17. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement,shall be governed by the laws of the State of Texas. This,agreement shall be binding upon the parties hereto, their successors and assigns. 20' EXECUIED thi's day of C*t I Y Licensee: City of Fort Worth Fort Worth Country Day School, Inc. By: By: OV Randle Harl od� Name.: Director Title,. I coe!N&4— Planning and Development 0* 00 9��0 01P 0 0 ATT As To Form and,Legality EST- w 00 p�p 96 60/* 6 U City Secre 00 Assistant City Attorney 11 IAL RIE m E MORD 2012 Easeent ncroachment Agreement-Commercial ij�� ft N,1VrAR,Y,' FT's, No M&C -RFfQ?T.J1Rr3D -T' A --�,aw"Rommo.1 '.�nmuumsiowmw�wnmi�� STATE OF TEXAS o COUNTY OF TARRANT y 9 i t r. w BEFORE �1E, the undersigned a � �.� � ai ol S,ta e of Texas, on -this day personally appeared own to me to be the person whose name is subscribed to the foregoing instrumentl and acknowledged to me that he/she executed the same fig: the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDE HAND AND SEAL OF OFFiC'E"'this day of 2 w 0 o wV I i licte 1401(31y Pub'06slon X g � C I w I /''� �� blic in and for th -State of'Texas f wu, yy m APT"2 b, iSMo, e .n N 2012 Easement Encroaduiient Agreement-Conviiercial Page 8 of 9 STATE OF TEXAS § ,COLTNTY OF TARR-ANI' § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Evan D. Peterson, Head of School, 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 Fort Worth Country Day School, Inc, and in the capacity therein stated. 61VEN UNDER MY HAND AND SEAL 01" OFFICE this day of A, A 20 -------------- Notary Public in and for the State of Texas AWL -AOL -AOL -AOL 'dffik. _AOL ONTHIA L ALLEN my COM6*6*0 Expims Apdl6t2016 2 012 Easement Encroachment Agreement-Commercial Page 9 of 9 G3 OW CL LU %! 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LU 00 Z 0 LL CD , l , 0 IN LLJ WO, l'% o , e / ��/ ri; G° iim %W 1/„ / l l/ r • %j, rE „r �°03 1 V 3 9 LJ Lj �r i fi iN�I / f i , l j i CI)i LIJ i= 00 LLF T1 o! ry LIJ w a, CoI AC"Rf> CERTIFICATE OF' LIABILITY INSURANCE 8/29/2013 DATE(MMIDDIYYYY) THIS CERTIFICATE I'S ISSUED AS A. MATTER OF INFORMATION ONLY AND CONIFERS NO RIGHTS UPON THE CER"TIFICAT"E HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY Y O'R 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,AN THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the plollcy(Iels)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions,of the po,l'icy,certain policies may require erg endorsement.,errent. A Statement on tl"is certificate,Ite d' a not rifer rights to the certificate holder in lieu of such end�rserinelnt,s , PRODUCER UCEFIr CONTACT RUE International Insurance services Katie..m..' ....._WW 777 Main Street, Suite C-50 PHONE' Ext (8181 ) 82201- 00 FAX $17) 870-0310 E-MAIL - ADDRESS: katie.hunt*hubintern,ational.ccm Fort Worth TX 7610 INSURER(S)AFFORDING COVERAGE NAIC INSURER -Elartfc rd Underwriters Ins.. Cc. ,I Oil 04. INSURED INeuRER B:Sentinel Insurance Co an , Ltd. 1100 0 Fort Worth Country Day School, Inc . INSURER C:Elartf ord Casualty Insurance Co. 29424 4200 Country Bay Lane INSURER D.Elartford Accident & Indemnity Cal 22357 Fort 'forth TX 76109. INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:Cert III 46271 REVIBI0N NUIIM BER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED, BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIL INDICATED.ATED. N TWITHSTANCDIING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICHI THIS CERTIFICATE MAY BE ISSUED OR IMAY PERTAIN,, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED, HIEREIN I'S SUBJECT TO ALL -tH,E TERMS, (EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HA''W''E BEEN I REDUCED BY'PAID CLAIMS, I � �_ POLICY F POLICY E 1 I TYPE OF INSURANCE A, IL I POLICY NUMBE( MPIDDYYYY MM,DDYYYY LIMIT GENERAL LIABILITY EA CH OI;CURRENCE $ 11000,000 A X COMMERCIAL GENERA LIABILITY 46UUNJDO89 :9/l/2013 9/1/2014 (Ee' 0 ce�) $ 3010,00101 ULAIIMSMIAUE il OCCUR IkAII D ESP(A one n) 10,000 PERSONAL&ADV INJURY 11 00,0,00 tD GENERAL AGGREGATE.TE. $ 21000,000 GEN"L AGGREGATE A1T'E LIMIT APPLIES PER', P'RODUC'TS-!DUI IPI P AGG $ 21000,000 POLICY FlxPRO- L $ AUTOMOBILE LIABILITY .' MBINEI SINGLE:LIMff 1,000,000, 8 X ANY 4 6UUNJD10 892 9/1/2013 9/1/201.4 BODILY INJURY(Per Ie ), ALL OWNED SCHEDULED _ ... BODILY INJURY(Peer nw.Id�nt) $ AUTOS, .... AUTOS i NON-OWNED PROPERTY DAMAGE._.........W HIRED AUTOS X A UTOS Pe' Idan1 $ $ C X UMBRELLA LIAIB X OCCUR 46 RHUJDi 01261 9/1/241.3 5/1/2014 EACH OCCURRENCE 101000111000 EXCESS LIAO CLAIMS-MAD,E AGGREGATE $ 10 000.0010 UEU RE-TENT ION 10,0 0 tD $ WORKERS DOMPENSATII'I"'I W STA - TIH- D AN D,EMPLOYE 46WBZ ,5390 9/1/21 13 ,/1/2024 �_ TORY LIMITS.�_....... ER ANY PROF'(IETORAP'AI'TNERAE:ECUTI'E YIN E.L,EACH ACC UENT $ 11000,000 OFFICERI'NIEI BER EXCLUDED? �'ICI�� (Mandatory in I�III E.L.DISEASE-EA EMPLOYE $ �0 0,000 UA86RIPTI�ON OF OPERATUNS telow E,L,DISEASE-POLICY LIMIT $ 11000,000 1 DESCRIPTION N OPERATIONS I LOCATIONS A VEHICLES (Attach!A CORD 11:01,Additional Remarke Schedule,it more epa a Is required) The General Liability and Automobile Liability policies include a blanket automatic additional insured endorsement,rsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status subject to policy terms and conditions. The General Li ail its►,Automobi lei Liability and workers' Compensation policies include a blanket automatic- waiver of subirogation endorsement that provides this feature only when there is ;a written contract between the named insured and the certificate holder that requires it subject to policy terms and conditions CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THIS ABOVE DESCRIBED POLICIES BE CANCE,LLM BEFORE THE EXPIRATION ATION CRATE THEREOF,F, OTI E, WILL BE 'BELIIVIE ED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Worth 1,000 Throckmortion AUTHORIZED REPRESEN'TA N IVE .. Ft Worth TX 76102 @' 1 X010 A ORd,CORPORATION. All right► reswerw edm ACORN 25(2010/015) The ACCORD name and largo are registered marks of A ' RD EXHIBIT Pa e I_ o f '