HomeMy WebLinkAboutContract 33182 Alk
CITY SECRETARY
CONTRACT NO.
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 Meacham Rail 191 Limited
Partnership, acting herein by and through its duly authorized General Partner,
Prime Rail Interest, Inc, Michael E. Rader, President, hereinafter referred to as
"Grantee", Owner of the property located at 4601 Gold Spike 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,
sidewalks and other public rights-of-way, such Improvement(s) are described as
follows:
Railroad track to be constructed under Meacham Blvd Bridge.
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.
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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
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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 Thirty Five and no/100's Dollars ($535.00).
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 and automatically renewed for
an additional 30 year term if all provisions of the proceeding term have been
fulfilled, payment of the fee associated with a consent agreement that is in effect
at that time and evidence that the City insurance requirements are being met.
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 because
the Business ceases to operate and Grantee fails to remove the Improvement,
Owner hereby gives City permission to remove the Improvement and any
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supporting structures and assess a lien on the Property for the costs expended
by the City to remove such Improvement.
9.
It is further understood and agreed upon between the parties hereto that
the 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 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 streets 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 be amended to
allow placement of these facilities.
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.
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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
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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
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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 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.
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.
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EXECUTED this, day of , 20
CITY OF FOR WORTH, RANTOR
By:
Dale isseler, Asst\jbiManager
MEACHAM RAIL 191 LIMITED PARTNERSHIP, GRANTEE
By PRIME RAIL INT T, INC its General Partner
By' m
Michael t. Rader, President
ATTEST: APPROVED TO FORM AND LEGALITY
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06S4.City ecretary Ass- «f City Attorney
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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 Dale Fisseler, 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
, 200( .
Io�'"P�'°:. JONI R JACOBS
# }j;*= NOTARY PUBLIC Nota Public in a for the
1 9� .I l State of Texas State of Texas
11 c2 Comm. Exp. 05-27-2007
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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 Michael E. Rader, 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 Meacham Rail 191
Limited Partnership, Prime Rail Interest, Inc its General Partner, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3'd day of
J 4 4,Uaz , 20ol. .
KIMBERLY BAIL Notary Public iK a for the
Nota Public,State of Texas
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Notary State of Texas
.. �.,: My Commission Expires
"N' August 31,2007
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PROPERTY DESCRIPTION
Being 18,933 square feet of land situated in and being a part of the dedicated Right-of-Way of
Meacham Boulevard, a 96.0 feet wide public street according to the plat of Meacham Blvd. R-O-W
Extension filed in Cabinet A, Slide 5688&5689,Plat Records,Tarrant County,Texas; said 18,933
square feet of land being more particularly described by metes and bounds as follows:
BEGINNING at the intersection of the southerly ROW line of said street with the northeasterly
ROW line of the C.R.I.&G Railway Company(called 100 feet wide railroad ROW);said beginning
point also being the northwest corner of Tract 1,Meacham Rail 191 Limited Partnership,according
to the deed recorded in Volume 12819, Page 563, Deed Records, Tarrant County, Texas;
THENCE N 270 08' 51" W, 96.00 feet along said railroad ROW line to its intersection with the
northerly ROW line of said street;
THENCE N 630 02'07"E, 113.31 feet to the beginning of a tangent curve to the right whose radius
is 1586.91 feet and whose long chord bears N 64° 36' 01" E, 86.68 feet;
THENCE continuing along said northerly ROW line of said street and along said curve to the right
through a central angle of 030 07'48" an arc length of 86.69 feet to the end of this curve;
THENCE S 230 50' 05" E, 96.00 feet crossing said street to the southerly ROW line of said street
and the beginning of a nontangent curve to the left whose radius is 1490.91 feet and whose long
chord bears S 64° 36' 01" W, 81.44 feet;
THENCE along said southerly ROW line of said street and along said curve to the left in a
southwesterly direction through a central angle of 030 07'48" an arc length of 81.45 feet to the end
of said curve;
THENCE S 630 02'07"W, 113.00 feet continuing along said southerly ROW line of said street to
the POINT OF BEGINNING and containing 18,933 square feet or 0.435 acres of land.
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CORDm .L1 �1E?i�A � : � �� �� � �� ✓�.. DATECMAIDDIYY
)08/16/05
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Aon Risk Services of Texas, inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
301 Commerce street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Suite 2101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort worth TX 76102 COMPANIES AFFORDING COVERAGE
COMPANY steadfast insurance company
PHONE• (817) 810-4000 FAX. (817) 339-2019 A
INSURED COMPANY
Prime Rail interest, inc. B b
101 summit Avenue, Suite 804 `
Fort worth TX 76102 UconPANY
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COMPANY r"
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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 ANQ CONDITIONS OF SUCH POLICIFS LIMITS SHOWN MAY HAVE BEEN RFnUCFD BY PAID CL61
4CO IYPE OF n%URANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LDi1IITS
L DATE 0Qd/DD/YY) DATE 0R&DWYY) Ln
GENERAL LIABILITY GENERAL AGGREGATE N
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG
CLAIMS MADE 0 OCCUR PERSONAL&ADV INJURY O
O
OWNERS&CONTRACTOR'S PROT EACH OCCURRENCE A
Ln
FIRE DAMAGE(Anv one fire) p
MED EXP(Arty one person) y
AUTOMOBILE LIABILITY Q
COMBINED SINGLE UNITANY AUTO
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS
(Per person) U
HRED AUTOS BODILY INJURY
NON-OWNED AUTOS
(Per acci dent)
OPERTYDAMAGE
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
STA =TK
WORKER'S COMPENSATION AND TORY LIMITS q:R
EMPLOYERS'LIABILITY EL EACH ACCIDENT
THE PROPRIETOR/ WCL EL DISEASE-POLICY LIMIT
PARTNERSIEXECLMvE
OFFICERS ARE E)(CL
EL DISEASE-EA EMPLOYEE
A s00543132001 07/02/05 07/02/06 Railroad Liability E $1,000,000
Claims Made Policy
X Railroad Li ab Railroad Liability q $2,000,000
BL &PD Combined Ded $25,000
DESCRIPTION OF OPERATIONSILOCATIONSMEHiCLES1SPECIAL ITEMS
Re: Railhead Phase iv
CEI�'€''>t� HtJ� 'CA�1I.LATNgIV <
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Fort Worth EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVORTO MAIL
1000 Throckmorton 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ,
Fort Worth TX 76102 USA BUT FAILURE TO MAI,SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
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Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/24/2006
DATE: Tuesday, January 24, 2006
LOG NAME: 06RAILROADSPUR REFERENCE NO.: **C-21260
SUBJECT:
Authorization to Enter into an Encroachment Agreement with Prime Rail Interest, Incorporated,
General Partner of Meacham Rail 191 Limited Partnership Authorizing Use of the Right-of-Way for
Installation of a Railroad Spur under a Bridge in the 200 Block of Meacham Boulevard
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into an encroachment
agreement with Prime Rail Interest, Incorporated, General Partner of Meacham Rail 191 Limited
Partnership authorizing use of the right-of-way for installation of a railroad spur under a bridge in the 200
block of Meacham Boulevard.
DISCUSSION:
Prime Rail Interest, Incorporated, General Partner of Meacham Rail 191 Limited Partnership, through its
president, Michael E. Rader, is requesting use of the right-of-way to install a railroad spur under a bridge in
the 200 block of Meacham Boulevard. It is the intention of Railhead Phase IV to construct the spur in order
to provide access to property on both sides of Meacham Boulevard. According to the applicant, "both Union
Pacific and Burlington Northern Santa Fe (BNSF) railroads have agreed to construction of this proposed
track extension (railroad spur) and preliminary discussion with State of Texas Railroad Commission
indicates approval."
The Encroachment Committee recommends approval.
The encroaching railroad spur will be in COUNCIL DISTRICT 2.
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 b)E. Dale Fisseler (6140)
Originating Department Head: Bob Riley (8901)
Additional Information Contact: Bob Riley (8901)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/13/2006