HomeMy WebLinkAboutContract 34838;
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STATE OF TEXAS
ENCROACHMENT AGREEMENT
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COUNTY OF TARRANT §
THIS AGREEM�NT 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 Texas Christian University
acting herein by and through its duly authorized Associate vi�e Chancellor
for Facilities
hereinafter referred to as "Grantee", Owner of the property located at
2800 Bowie Street ("Property")
WITNESSETH:
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,
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sidewalks and other public rights-of-way, such Improvement(s) are described as
follows:
Temporarily construct a ten feet in width and seven feed deep trench
to bury two new 20 inch chilled watPr lines __ _,,
_ to feed a new central utility plant on the east side of
campus. The cut will be north to south across Bowie Street just west
of Lubbock Street as shown on the attached drawings. Street barricades
and signs will be used to re-direct traffic.
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 ,�,s
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".
�
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.
Q
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, Thirty-five and no/'100 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.
�
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
supporting structures and assess a lien on the Property for the costs expended
by the City to remove such Improvement.
4
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.
s
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.
�F'i
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 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.
s
After being recorded, the original shall be returned to the City Secretary of the
City of Fort Worth, Texas
`FI
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.
�
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.
`El
THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION
CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF
THIS AGREEMENT.
�
This Agreement shall be binding upon the parties hereto, their successors
and assigns.
9
EXECUTED this ��day of `..1,�� � , 20�.
CITY OF FORT WORTH�_G �NTOR , GRANTEE
/ �
By: k�� �! � `� �'�-� By' �;��1�
Dal Fisseler, s istant City Mgr. wi ett x. staiiworth, P.E.
Associate Vice Chancellor for Facilities
ATTEST: APPROVED AS FORM AND LEGALITY
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City Se etary assi s�-��' City A
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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.
1
s GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of
�U , 20�.
' z �,<<hRYv�B�� MARIA S, SANCHEZ
�� �k NOTARY PUF3LlC
STH7� OF T�XAS
��"'F aF t���y My Comm, �xp.12•14•2009
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No ry Public in and for the
State of Texas
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 willett x. Stallworth, P.E. ,
known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that helshe executed the same for the
purposes and consideration therein expressed, as the act and deed of
Texas Christian University , and Ill til2 capacity therein
stated.
GIVEN UND�ER MY HAND AND SEAL OF OFFICE this � day of
�� c��,� , 20 (�(� .
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Notary Public in and for the
State of Texas
``po;�N,Y!G��q DEBRA LEE KEESE
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=?;' ��' ;: Notary Public, State of Texas
;,N., :., ` My Commission Expires
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12
(�j��,�� H CERTIFICATE OF INSURANCE CERTIFICATENUMBER
HOU-000683239-01
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OP INFORMATION ONLY AND CONFERS
Attn: Maria Martinez (214) 303-8502 NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVI�ED IN THE
MBfSFI USA If1C. POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
4400 Bank One Center AFFORDED BY THE POLICIES DESCRIBED HEREIN.
1717 Main Street COMPANIES AFFORDING COVERAGE
Dalias, TX 75201
COMPANY
A UNITED EDUCATORS RISK RET. GROUP
INSURED COMPANY
Texas Christian University B N/A
Jill Laster
Assoc. Vice Chancellor for Human Resources COMPANY
& Risk Management C N/A
TCU Box 298200
Fort Worth, � 76�29 COMPANY
D N/A
COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 1
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTW ITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MM/DD/YY) DATE(MM/DD/YY)
A GENER4L LIABILITY CGL 200500070600 06l01/05 OB/O"I/OB GENER4LAGGREGATE � 3,000,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS -COMP/OP AGG $
CLAIMS MADE � OCCUR PERSONAL & ADV INJURY $ �,OOO,OOO
OW NER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 'I ,OOO,OOO
FIRE DAMAGE (Any ane fire) $ 300,000
MED EXP (An one erson) $ 5,���
AUTOMOBILE LIABILITY � COMBINED SINGLE LIMIT $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $
NON-OWNEDAUTOS . (Peraccidenl)
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GARAGELIABILITY AUTOONLY-EAACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY: �
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UMBRELLAFORM AGGREGATE $
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WORKERS COMPENSATION AND WC STATU- OTH-
EMPLOYERS' LIA8ILITY TORY LIMITS ER �
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THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT �
PARTNERSlEXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
Re: Chilled water and electric bank construction: 2800 Bowie Street, Fort Worth, TX
Construction Site: Crossing Bowie Street about 100 feet west of Lubbock Ave.
CERTIFICATE HOLbER CANCELLATION
SHOULD ANY OF hiE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE hiE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVER4GE WILL ENDEAVOR TO hWIL _.� DAYS WRITTEN NOTICE TO THE
Cltj� Of FOff W OfYFI CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
Department of Development
Attn: James F. Miller LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATNES, OR THE
1000 Throckmorton St. issueROFmisceRnFicnre.
Ft. Worth, TX 76�02 MARSH USA INC.
sr: William Hines Gtl�—.�.
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PRO�UGER THIS CERTIFICATE IS ISSl7ED AS A MATTER aF INFORhtATION ONLY AND CONF�RS
Attn: Maria Martinez (214) 303-8502 NO RIGHTS UPON THE CERTtFICATE HOLD�R OTHER THAN 7HOSE PROVIDED IN THE
M2fS�1 USA I(7C. POIJCY. THIS CERTIFICA7E DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
4400 Bank One Cenfer AFFORDED BYTHE POLICIES DESCRIBED NEREIN.
1717 Main Street COMPANIES AFFORDING COVERAGE
Dallas, TX 75201
COIviPANY
A UNITED EDUCATORS RISK RET. GROUP
INSURED COtv1PANY
Texas Christian Universify B N/A
Jill Laster
Assoc. Vice Chancellor for Human Resources COMPANY
& Risk Management C N/A
TCU Box 298200
Fort Worth, 7X 76129 cornpnnrr
D N/A
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THIS IS TO CERTIFY THA7 POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POIICY PERIOD INDICATED
NOTWITHSTANDING ANY REQUIREMEM, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEC7 TO WHICH 7HE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN THE INSURANCE AFFORDED BY THE POLIClES DESCRIBE� HEREIN IS SUBIECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS
CO TYPE OF INSIIRANCE POUCY NUMBER p��CY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM1I/DD/YY) DATE (MMID61Yl�
p, GENERALLIABILITY CrL 200600070500 06/01l06 06/01/07 nn
GENERALirGGnc�3ATE g 3,��•.,�C�
)( CAMMERCIAL GENERAL LJA8ILITY
PRO�UCTS - COMP/OP AGG
� CIAIMS MADE � OCCUR PERSONAL &ADV INJURY $ 'I,OOO,OOO
f OWNER S& CON7RACTORS PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE (An one fire $ 3��,���
MED EXP An one rson $ 5,000
AU70MOBILE LIABILTY
COMBINED SINGIE IIMIT $
ANY AUTO
ALLOWNEDAUTOS BO�ILYINJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY �
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE ^�
GARAGE LIABILITY
AUTOONLY-EAACCIDENT $
ANYAUfO OTHERTHANAUTOONLY: ' = —
EACHACGDENT $�
AGGREGATE �
EXCESS LIABILTY EACH OCCURRENCE $
UMBREL.IA FORM A�GREGATE 5�
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EMPLOYERS'LIA91L1TY TORYLIMfTS ER ___ ': -= _� —
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07HER
dESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL I7EMS
Re: Chilled waier installation: Lowden Street between Lubbock and Greene Ave., Fort Worth, TX
Construction Site: West of intersection of Lubbock Ave and Lowden Street, West of Greene Ave
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SHOt1LD ANY OF THE POLICIES �ESCRIBED HEREIN BE CANCELLED BEFORE THE FJ(PIRq710N DATE THEREOF.
THE INSURER AFFOR�iN6 COVERAGE WILL ENDEAVOR TO 1AAIL �p DAYS WftIT7EN NOTICE TO THE
City of Fort Worth CERTIFICATE HOLOER NAh1ED HEREIN BUT FAILURE TO AfAIL SUCH NOTICE SHALI IMPOSE NQ OBLIGA710N OR
Department of Development
Attn: James F, Miller LIABILfTY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE RS AGENTS OR REPRESENTqTNES OR TiiE
1000 Throckmorton St iSSUER OFTHIS CERTIFICATE.
Ff WOftFI, TX 76102 h1ARSH USA INC
sy: Wilfiam Hines Gt�i���;�
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/30/2006
DATE: Tuesday, May 30, 2006
LOG NAME: 06WEST B-CHILL
Page 1 of 1
REFERENCE NO.: **C-21471
SUBJECT:
Authorization to Enter into an Encroachment Agreement with Texas Christian University, Authorizing
Use of the Right-of-Way for Installation of Two Chilled Water Lines Across West Bowie Street Just
West of Lubbock Street
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into an Encroachment
Agreement with Texas Christian University, authorizing use of the right-of-way for installation of two chilled
water lines across West Bowie Street just west of Lubbock Street.
DISCUSSION:
Willett R. Stallworth, P.E., Associate Vice Chancellor for Facilities,
chilled water lines across West Bowie Street just west of Lubbock
chilled water to feed a new central utility plant on the east sid
Committee has reviewed this request and recommends approval.
The encroachments will be in COUNCIL DISTRICT 9.
is requesting permission to install two
Street. This will allow transmission of
e of the campus. The Encroachment
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/AccountlCenters
Dale Fisseler (6266)
Bob Riley (8901)
Bob Riley (8901)
http://www.cfwnet. org/council�acket/Reports/mc�rint.asp 1 /31 /2007
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COfVTRACI' PV� �
STATE OF TEXAS
ENCROACHMENT AGREEMENT
�
COUNTY OF TARRANT §
THIS AGREEM�NT is made and entered into by and between the City of
Fort Worth, a municipal corporation of T�rrant County, Texas, ?cting her�in by
and through its duly authorized City Manager or duly designated Assistant City
Manager, hereinafter referred to as the "City", and Texas Christian University
acting herein by and through its duly authorized Associate vi�e Chancellor
for Facilities
hereinafter referred to as "Grantee", Owner of the property located at
2800 Bowie Street ("Property")
WITNESSETH:
1.
For and in consideration of the payment by Grantee of the fee set out
�eiovv ar�d the irue 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:
Temporarily construct a ten feet in width and seven feed deep trench
to burv two new 20 inch chilled water lines -- _.,
_ to feed a new central utility plant on the east side of
campus. The cut will be north to south across Bowie Street just west
of Lubbock Street as shown on the attached drawings. Street barricades
and signs will be used to re-direct traffic.
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".
�
Grantee, at no expense to #he 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.
+�
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.
C:�
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 exec�ted � fee in th�
sum of:
Five Hundred, Thirty-five and no/100 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.
�
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
supporting structures and assess a lien on the Property for the costs expended
by the City to remove such Improvement.
4
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.
Gr�nte� agrees te pay pr�mptly 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, lice.nsees 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
��
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 IMPRO!/EMENT �4MD
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:
Property damage, per occurrence
Bodily injury, per person
Bodily injury or death, per occurrence
$100,000
$250,000
$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.
`[:�
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.
g
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.
�
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 � ; 200�.
CITY OF FQRT W RTH, G NTOR , GRANTEE
.�
gy; -- ��i� �-�; gy; .c,E%ls�`
Dale 'isseler, As�sistant City Mgr. wi ett x. sta lworth, P.E.
Associate Vice Chancellor for Facilities
ATTEST:
� �.�.'�
City Secretary
—
Cor.traG 4 Authp� �. t�� a aaa
D�te
APPROVED , TO FORM AND LEGALITY
/-�-SS'�S «- ity Attorney
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 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 ���t day of
�'/I/ �. %�" �� i� , 20�.
�a.PwYP�B�c MARIA S. SANCHEZ
* � � NOTARY PUBLIC
STATE OF TEXAS
��9Tf pp S�'*P My Comm, Exp.12-14-2009
11
Not ry Public in and for e
State of Texas
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 wi�lett x. Stallworth, P.E. ,
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
purpos�s and �onsideration therein expressed, as the act and deed of
Texas Christian University , and IIl tfle capacity therein
stated.
GIVEN UND�ER MY HAND AND SEAL OF OFFiCE this � day of�
�� C�,i, , 20 06 . �
0.'
Notary Public in and for the
State of Texas
��K1� „�m, DEBRA LEE KEESE
�_` '�'': Notary Public, State of Texas
My Commission Expires
% ;;; �� ; �E; �'� January 06, 2009
����
12
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4400 Bank One Cenfer AFFORDEO BY THE POLICIES DESCRIBED HEREIN.
1717 Main Street COMPANIES AFFORDING COVERAGE
Dallas, TX 75201
COMPANY
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