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HomeMy WebLinkAboutContract 30275 CITY SE CRETARY ENCROACHMENT AGREEMENT CONTRACT NO. 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 SOUTHWESTERN BAPTIST THEOLOGICAL SEMINARY, P.O. BOX 22000, FORT WORTH, TEXAS, 76122, acting herein by and through its duly authorized VICE PRESIDENT FOR BUSINESS AFFAIRS, hereinafter referred to as "Grantee", Owner of the property located at 2001 W. Seminary Drive ("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, 1 sidewalks, and other public rights-of-way, such improvement(s) are described as follows: STREET LOCATION: TO INSTALL 1-6" C-900 PVC PIPE SLEEVE CONTAINING: 1-2" DIA. PVC PIPE FOR IRRIGATION WATER; 2-2" DIA. PVC SPARES (FUTURE USE); 1-1-1/2" PVC SPARE (FUTURE USE.) THESE PIPES WILL RUN IN A NORTH-SOUTH DIRECTION (UNDER AND ACROSS) THE RIGHT OF WAY OF 1700 BLOCK OF WEST BROADUS STREET (SEE EXHIBIT "A" sheets 1 & 2); The location and description of said 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, Ordinance 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: Four Hundred, eight-five and no/100 Dollars ($485. 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 �'-ond+ition acceptable to the Director of Transportation and Public Works, or ,ii-- duly au norized 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 9. 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. 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, <ERVANTS, 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 $100,000 Bodily injury, per person $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 restorat;- n. of the city streets. Ali 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. 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 EXECUTED this day of , 20VO . CITY OF FORT WORTH, GRANTOR SOUTHWESTERN BAPTIST THELOGICAL SEMINARY, GRANTEE By: qBy: (iLRei ector, A§' t. City Managerrt R. Martin, Jr., V.P. Business Affairs ATTEST: APPROVED S TO FORM AND LEGALITY City ecretary Ass City Attorney Contract Auth rizatioa Date 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 Rleid-Rectcr, 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 day of -I�S-U �-,� , 20 Notary Public in and for the State of Texas KAREN EDWARDS•FISHER Notary Public,State of Texas My COfT1M;S510n Expires May 07 2008 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 Hubert R. Martin, Jr., 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 Southwestern Baptist Theological Seminary, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 .r. ,.� Mine M. Bickerstaff * *i Notary Public,State of Tows Notary Public in and for the JuN State of Texas 12 Exhibit A West Seminary Drive Street Utility Crossing 1 1700 Block West Broadus St Sheet 1 of 2 West Broadus Avenue Legend lo Rv�M m Proposed Utility ICrossing Fort Worth Hall Hall fffTTTOn 2009 Iwo Bowld Music Library m a � j4 LLLw Memorial Complex Garnbrell Street 2001 n Roberts IIIJI\ Library mTrIIIIII II = VHHHHHIII11I111 s1e V II111111111111111� O I Price IfIlITIIITIINIT� Center s O �� Barnard Hall C 7 QOl1T1m1T� T Centerter � Hall Student Center 45U 45 4520 4571 1 ife"'ay Christian Stone n 4510 West Boyce Avenue > Recreation a c Aerobics P Center m 4818 reslden Home 1901 1701 WrSr Spurgeon Street 4700/02 4700102 4701 ® 4703 4705 Leadership 4708 4709 Development Complex ® 4713 4712 47 2/14 1 � 4717 4717 7 6118 4720 4721 4721 7 22 U ai --VA U � cn N d xp a� > Cd m x N o > O bA U _ 3.. Cd Cd r E a� a� p U N p �' o, `' fl UCd O cn I � ..p I Q O O � � m X x N LV °' ° o - (D m N oo a) II r D to W Q U I I I I I '-Fxhmbmt 11�_- ACORD. CERTIFICATE OF LIABILITY INSURANCE DATZI YT7 4/21 21/0/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF IN7 ORMATION Wm. Rigg Co. ONLY AND CONFER3 NO RIGHTS UPON THE CERTIFICATE 777 Mein Street, Suite C-50 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY "I' POLICIES OVLOW. Fort Worth, TX 76102-5333 817-820-8100 INSURERS AFFORDING COVERAGE INSURED INSURER A: United Educators Reciprocal Southwestern Baptist Theological Seminary INSURER O: Hartfora Casualry Ins Co P 0 BOX 22000 INSURER C: Fort Worth TX 76122-0480 INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFEC7IVE VO Cr I7(VIRATION LIMITS I.TRA GENERAL LIABILITY CGL200300326000 8/01/03 8/01/04 EACH OCCURRENCE s L0000Oo X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Arty one fire) a 3000_00 CLAIMS MADE ❑X OCCUR I MED EXP(Amne oDersonl S 10000 PERSONAL&ADV INJURY L 1000000 GENERAL AGGREGATE s 3000000 GEN'L AGGREGATE LIMIT APPLIES PEA: PRODUCTS-COMP/OP AGG a 1000000 POLICY 7 PRO, LOC B AUTOMOBILE LIABILITY 46UENUX7962 8/01/03 8/01/04 COMSINEOSINGLELIMIT I( ANv Aero IEa accident) S 1000000 ALL OWNED AUTOS BODILY INJURY SCNI!DVLO AVTOS 10or Po,ao.1 ' L X HIRED AUTOS BODILY INJURY S X NON-OWNED AUTOS i IPer eccldenU PROPERTY DAMAGE I s trM acd aem GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTOOTHER THAN EA ACC S AUTO ONLY: AGG S A EXCESS LIABILITY GLX200300326000 8/01/03 8/01/04 EACH OCCURRENCE a 10000000 X OCCUR 71 CLAIMS MADE AGGREGATE a 10000000 S PDEDUCTIBLE _ IX RETENTION_ S 1000000 _ S 8 WDRKERS COMPENSATION AND 46WEGE6375 8/01103 8101/04 T RY LJMR OTM EMPLOYERS'UABIUTY el.EACH ACCIOENr 1000000 C.L.D(SCAn EA WPLOYEE i 1000000 F.L DISEASE•POLICY LIMIT S 1000000 OTHER OESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLFS1EXCWSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER ADDITIONAL INSURED: INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FORT WORTH DATE THEREOF.THE ISSUING INSURER WMIL ENDEAVOR TO MAIL 10 DAYS WRITTEN DEPT OF DEVELOPMENT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SMALL 1000 THROCKMORTON IMPOSE No OBLIGATION OR UABAUTr OF ANY KIND UPON THE INSURER. ITS AGENTS OR FT. WORTH, TX. 76102 REEA 9 AUTHNJ ■�■ ACORD 2" 17/87) 2-36 WACORD CORPORATION WT; N 1% ■— City of Fort Worth, Texas Mayor and Council Communication a"-5�"3�i � ;iA=E�'�.9�:�+e2w�"z-a�'s6Yi�.. .•, -•.:YS9".-`IAYa I'i�-?)�'/iti:RY[+Y.�iTF+q"!�.-�="iF'Sdd�W'P�L'."z;2.3Z".f1 ' rY.AYL'.".-i,::�Te�.•-•ty�5'CcYiarv.��u�:ax COUNCIL ACTION: Approved on 7/6/2004 c:..-uu,.rs.,s+a�.Jwsm:. .xa�a.�a:•:ra� ._s.r.,� .,af ---"- _-___.x c «,::aa�rss ex'e:s.tisaaa. nr i.••�.•,, DATE: Tuesday, July 06, 2004 LOG NAME: 06170OW BROADUS REFERENCE NO.: **C-20135 SUBJECT: Encroachment Agreement with Southwestern Baptist Theological Seminary Authorizing Use of the Right-of-Way for Conduits Under the 1700 Block of West Broadus Avenue RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a consent agreement with Southwestern Baptist Theological Seminary authorizing use of the right-of-way for installation of conduits under the 1700 block of West Broadus Avenue. DISCUSSION: Southwestern Baptist Theological Seminary, through its Associate Director, Mr. Wages Foreman, is planning to provide irrigation to several lots owned by the Seminary. The plan requires installation of a six inch sleeve (containing four conduits) under the 1700 block West Broadus Avenue. Although only one of the conduits will be used at this time, the Seminary wants to provide spares for future use and eliminate the need for additional installations in the future. The Encroachment Committee has reviewed this request and recommends approval. The encroachments will be located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Reid Rector (6140) Originating Department Head: Bob Riley (8901) Additional Information Contact: Bob Riley (8901) Logname: 06170OW BROADUS Page 1 of 1 i{R.yyi11 Pfy• i i CITY OF FT WORTH r , 1000 THROCKMORTON ST i T AL FT WORTH TX 76102 Submitter: CITY OF FORT WORTH SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 08/20/2004 01:27 PM Instrument#: D204261174 WD 19 PGS $48.00 By: 1111111 IN 111111111111111fm 1111111111111111111111111111 D204261174 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.