HomeMy WebLinkAboutContract 35749 (2) 419
CON RA SECRET T N®Y�57
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 Williamson-Dickie Mfg. Co., acting herein by and through its
duly authorized Senior Corporate Officer hereinafter referred to as "Grantee", Owner
of the property located at 509 W. Vickery, Fort Worth, Texas 76104 ("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:
1l1.Tip% ,;.%;'rl
i
Encroachment into the public right-of-way is requested by Williamson-Dickie
Manufacturing Company to allow for the extension of data/voice lines from their offices
at 509 W. Vickery to 121 S. Jennings Avenue. 4"conduit will be bored underneath
South Jennings 105' south of the right-of-way of the 500 block of W. Vickery and 207'
north of the right-of-way for the 500 block of W. Jarvis Street. This conduit will be
bored at a depth of 8.5' below grade which is 36"below the flow line of the existing City
18"water line. This will meet the City's requirements.
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.
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 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 FNc H,,..d«JI��'"��F We s ($ 53 •o
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 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 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, 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 Texas or by the Legislature; and that City cannot contract away its duty and its
legislative power to control the public right-of-way 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 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.
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 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
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.
EXECUTED this day ofJan , 20_q.
City of Fort Worth Grantee
By. e By. 4�f
Dale seler, Ags . City Manager )Name: 1 (� z
Title: �
Comet ci:Ih thori zation
Date
ATTEST: Approved As To Form And Legality
Y ' \
i y ecre ry Assistant City Attorney
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
AMA L.gSWWTO /`�`��
° Notary ommi,Stale of Texas 6
fly Commission Expires ���///LLL
March 07,2011 Notary 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 Siaw;�t PC
Texas, on this day personally appeared Xa re evAA known tq;;R�;t,0o y
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 Williamson-Dickie Mfq. Co. , and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 20q
�xJ
Notary Public in a d for the State of
Texas
�4EfINimsuss;``
Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/14/2007
DATE: Tuesday, August 14, 2007
LOG NAME: 06VICKERY REFERENCE NO.: **C-22310
SUBJECT:
Authorization to Enter into an Encroachment Agreement with Williamson-Dickie Manufacturing
Company Authorizing Use of the Right-of-Way for the Installation of Fiber Optic and Copper Lines
Across South Jennings Avenue to Service their Properties Located at 509 West Vickery Boulevard
and 121 South Jennings Avenue
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a standard encroachment
agreement with Williamson-Dickie Manufacturing Company for the installation of fiber optic and copper
lines.
DISCUSSION:
Marett Cobb, Executive Vice President of Williamson-Dickie Manufacturing Company, has requested use of
the right-of-way for the installation of one 4-inch conduit to connect fiber optic and copper lines to service
their facility at 509 West Vickery Boulevard.
One conduit will be bored underneath South Jennings Avenue in order to carry fiber optic and copper lines
from their office at 121 South Jennings Avenue to their office located at 509 West Vickery Boulevard. The
bore will be made to City of Fort Worth requirements (8.5 feet below street grade).
This property is located in COUNCIL DISTRICT 8.
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. Dale Fisseler (6140)
Originating Department Head: Fernando Costa (8042)
Additional Information Contact: David Schroeder (2239)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 9/6/2007
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