HomeMy WebLinkAboutContract 36642A
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
Hanson Roof Tile
acting herein by and through its duly authorized
hereinafter referred to as "Grantee", Owner of the property located at
Lot 1R, Block 79R, Riverside Addition and
Lo"t!2,, Black 1 ("Property„). �iID �IJ1fSlr�t C°
Adams Heirs Addition .3 Sr)o Eowlt, pf
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,
02-15-08
1
sidewalks and other public rights -of -way, such Improvement(s) are described as
follows:
� -••�' inch PVC c
r� to extend
Avenue. "{` 'd►JM� -} 1!,
data service underneath Ennis
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 construcfiion, 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
sidewalks and other public rights -of -way involved,
area of the streets, alleys,
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 ffected by such
a
the securing of approval and
encroachment use and occupancy, including
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
of the construction, maintenance or existence of such
costly by virtue
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 Five Hundred Thiry Five ED Dollars ($ 5�5_ 0 )•
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.
E:1
Upon termination of this Agreement, Grantee shall, at the option of City
and at no expense to City, restore the public right-of-way and remove the
Improvement encroaching into the public right-of-way, to a condition acceptable
to the Director of Transportation and Public Works, or his duly authorized
representative, and in accordance with then existing City specifications. It is
understood and agreed to by Grantee that if this Agreement terminates and
Grantee fails to remove the Improvement, owner hereby gives City permission to
remove the Improvement and any supporting structures and assess a lien on the
Properly for the costs expended by the City to remove such Improvement.
Lf
9.
It is further understood and agreed upon between the parties hereto that
the public rights -of -way, alleys, sidewalks ("public right-of-way") to be used and
encroached upon as described herein, are held by City as trustee for the public;
that City exercises such powers over the public right -of way as have been
delegated to it by the Constitution of the State of Texasor by the Legislature) and
its duty and its legislative power to control the
that City cannot contract away
It accordingly agreed
public right-of-way for the use and benefit of the public. is
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 ral or electricityor any other public purpose, whether presently
natu,
contemplated or not, that this Agreement shall automatically terminate.
10.
Grantee understands and agrees that the granting of any encroachment
hereunder is not meant to convey to Grantee any right to use or occupy property
in which a third party may have an interest, and Grantee agrees that it will obtain
all necessary permission before occupying such property.
s
11.
Grantee agrees to comply fully with all applicable federal, state and local
laws, statutes, ordinances, codes or regulations in connectih
on with te
construction, operation and maintenance of said Improvement, encroachment
and uses.
12.
Grantee agrees to pay promptly when due all fees, taxes or rentals
tate or statutelaw or
provided for by this Agreement or by any federal, slocal ,
regulation.
13.
Grantee covenants and agrees that it shall operate hereunder as an
contractor as to all rights and privileges granted hereunder and not
independent
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
3
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 Ciiy 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
$250,000
Bodily injury, per person
Bodily injury or death, per occurrence $500,000
t ch insurance
with the understanding of and agreement by Grantee thasu
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
min and keep in force such public liability insurance
nsurance 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 attorneys fees.
18.
Grantee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this contract without the prior written approval of the
City Manager or designee. Any attempted assignment without prior written
approval will be void.
19.
THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION
CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF
THIS AGREEMENT.
20.
This Agreement shall be binding upon the parties hereto, their successors
and assigns.
EXECUTED this l� day of120 Ole
City
City of Fort Worth
G Bya '
Robar+ Goode . Flc{;w� Pcs;si. C;1y M»fir.
ATTEST:
Grantee
rr Cserrr.%#A CIV444+a a,.. R �4�J►sci
1) leAAK 13. to
Approved As To Form And Legality
Assistant City Attorney
�a
EXECUTED this �_ day of
ZUVOG
City
City of Fort Worth
475 0596e %m e.+ d.Altur
sy: A ".AFA
Grantee
Name:
too
Title: E�c,T� �
Approved As To Form
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City Attorney
ity
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 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.
f, GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20
ANGELA ESiRADA
Notary Public, State of Texas
My Commission Expires
August 21, 2011
11
Notary Public in and for the
State of Texas
�G �2y��
STATE OF T� §
8 �iOw,.�lC.t7
COUNTY OF T�B�I'd'r §
BEFORE ME, the undersigned authority, a Notary Public in and for the
Fle�rdu ,� L ,
State of Texas, on this day personally appeared �-I �� ��� ��
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
stated.
and in the capacity therein
GIVEN UNDER MY AND AND SEAL OF OFFICE this ` � � day of
L� i�.� , 20�.
der. Joanna Weinstein
g My Commission DD3os444
'� �'� F�cpires April 04, 2008
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otary Public in and for the
State of T.e�as
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ACORD,.. CERTIFICATE OF LIABILITY
CERTIFICATE
INSURANCE 11 DATE IDDIYY)
0/07
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
MARSH USA, INC.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
44 WHIPPANY ROAD
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. BOX 1966
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
FAX: (212) 948-0375
COMPANIES AFFORDING COVERAGE
EMAIL: HANSON.REQUEST@MARSH.COM
MORRISTOWN, NJ 07962-1966
COMPANY
100667-ALL-CAS"-06-08 DEER FL DEER NA
A LIBERTY MUTUAL FIRE INSURANCE COMPANY
INSURED
COMPANY
HANSON ROOF TILE
B N/A
1340 S.W. 34th STREET
DEERFIELD BEACH, FL 33441
COMPANY
C N/A
COMPANY
D
COVERAGES This certificate supersedes and replaces
any previously issued certificate. 1
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 AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
TYPE OF INSURANCE POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE (MWDDIYY) DATE (MMIDD/YY)
LTR
A GENERAL LIABILITY TB2-631-507393-046
10/01/06 01/01/08 GENERAL AGGREGATE $ 4,000,000
X COMMERCIAL GENERAL LIABILITY
PRODUCTS -COMP/OP AGG $ 4,000,000
CLAIMS MADE OCCUR
PERSONAL & ADV INJURY $ 15000,000
OWNER'S & CONTRACTOR'S PROT
EACH OCCURRENCE $ 19000,000
X CONTRACTUAL IABII ITY
FIRE DAMAGE (Any one fire) $ 500,000
MED EXP (Any one person) $ 10,000
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
$
ANY AUTO
ALL OWNED AUTOS
BODILY INJURY
$
(Per person)
SCHEDULED AUTOS
HIRED AUTOS
BODILY INJURY
$
(Per accident)
NON -OWNED AUTOS
PROPERTY DAMAGE
$
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
WORKERS COMPENSATION AND
WC STATU- OTH
TORY LIMITS ER
EMPLOYERS' LIABILITY
$
EACH ACCIDENT
DISEASE - POLICY LIMIT
$
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
DISEASE -EACH EMPLOYEE
$
OFFICERS ARE: EXCL
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS
RE: ENCROACHMENT PERMIT FOR PLACEMENT OF TWO 2" CONDUITS
UNDER ENNIS AVENUE
FROM 610 RIVERSIDE DR TO 3100 ENNIS AVENUE IN FORT WORTH 76111, THE CONDUITS WILL BE FOR PHONE AND DATA CABLE,
CERTIFICATE HOLDER NYC-002783076-01
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE INSURANCE COMPANY WILL ENDEAVOR TO MAIL
CITY OF FORT WORTH
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
ATTN: DAVID SCHROEDER, PLANNING AND DEVELOPMENT
DEPARTMENT
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
1000 THROCKMORTON STREET
ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
FORT WORTH, TX 76102
AUTHORIZED REPRESENTATIVE
Edward J. Smith��
ACORD 25 (11/05)
p ACORD CORPORATION 1988
Page I
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/29/2008
DATE: Tuesday, January 29, 2008
LOG NAME: 06HANSONROOF REFERENCE NO.. **C-22638
SUBJECT:
Authorize Execution of an Encroachment Agreement with Hanson Roof Tile Company Authorizing
use of the Ennis Avenue Right -of -Way for the Installation of Data and Telephone Lines to Service its
Buildings Located at 610 Riverside Drive and 3100 Ennis Avenue
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a standard encroachment
agreement with Hanson Roof Tile Company for the installation of data and telephone lines beneath Ennis
Avenue.
DISCUSSION:
Hanson Roof Tile Company has requested use of the right-of-way for the installation of two 2-inch
telecommunications conduits to install data and telephone lines beneath Ennis Avenue to service buildings
at 610 Riverside Drive and 3100 Ennis Avenue.
The two 2-inch telecommunications conduits will be bored beneath Ennis Drive. The Encroachment
Committee, consisting of staff from the Transportation and Public Works, Water, and Planning and
Development Departments have reviewed and approved the proposed bore route of Ennis Avenue for this
purpose.
The fee for the privilege granted by this agreement will be $535. The term of the agreement will be 30
yearsI
The subject property is in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Planning and Development Department is responsible for the
collection and deposit of these fees due to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421232 0062000 535.00
Submitted for City Manager's Office bv:
ff
Originating Department Head:
Additional Information Contact:
Dale Fisseler (6140)
Fernando Costa (8042)
David Schroeder (2239)
http : //v✓ww. c fwnet. org/c o unci l� acket/Rep orts/mc�rint. asp
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