HomeMy WebLinkAboutContract 34336 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
Berry Street Limited Partnership
acting herein by and through its duly authorized
Vice President, Jason P. Runnels
hereinafter referred to as "Grantee", Owner of the property located at 3001
Greene Avenue ("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
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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:
Placement of 4" conduits from TCU campus to 3001 Greene Avenue.
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. In addition the provisions contained in
Exhibit "A", the Grantee agrees that the conduit shall be buried at least 42 inches
and shall have a minimum 3 feet of separation from existing water and sewer
lines and shall be installed by bore. No open cuts of the pavement shall be
allowed.
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
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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
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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 Five Hundred, thirty-fine 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.
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.
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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.
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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
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.
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.
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 -,f 1 ' day of 20
Grantor: City of Fort Worth Grantee: Lrm �'� �`' a s
Hbmix G.P. XVM, Il�-. a ocrpaat
A its
By: By: G'YlM
e isseler, Name: Jason P. Runnels
Asst. City Manager
Title: Vice President
ATTEST: Approve As To Form And Legality
ol
City SecretaW AssistaM City Attorney
0; QK%- 1
Contract auth/onrizatiox
Date
10
1 '
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.
GIV N UNDER MY HAND AND SEAL OF OFFICE this W dL day of
, 2006 .
No ary Public in an for the
State of Texas
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 Jason P. Runnels 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
Phoenix G.P. XVIII, INC. and in the capacity therein
stated.
t�Iv�v UNDER MY HAND AND SEAL OF OFFICE this _ _ day of
20 .
�f
Notary Public in nd fo the
State of Texas
° SALLY RUSH
My Commission Expires
April 17.2008
12
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ACORD„ CERTIFICATE OF LIABILITY INSURANCE °03/01�o 6
PRODUCER Serial# B2275 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
SWAIN&BALDWIN INS.,INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O.BOX 308 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
LUFKIN,TX 75901
PH(936)639 2201 FAX(936)639-2210 INSURERS AFFORDING COVERAGE
INSURED PHOENIX PROPERTY COMPANY INSURER A: LEXINGTON INSURANCE COMPANY
P.O.BOX 1920 INSURER 8:
DALLgS,TX 75221-1920 INSURER C:
INSURER D:
INSURER I-
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.
WSR P
LTR TYPE OF INSURANCE POLICY NUMBBi rim POLICY EFFECTIVE OLICYEXPIRATION LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A X COMMERCIAL GENERAL LIABILITY 6670404 03/01/2006 03/01/2007 FIRE DAMAGE(My one fire) S 100,000
CLAIMS MADE a OCCUR MED EXP(Any one person) $ 0
X PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'LAGGREGATE LIMIT APPLIES PER PRODUCTS-COMPP 2,000,000
POLICY I IJET X LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Ea S=b-t)
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS IPr pmm
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Pe,aecd-t) S
PROPERTY DAMAGE
(Per aedcIft) $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN EA ACC S
AUTO ONLY. AGG I S
EXCESS LIABILITY EACH OCCURRENCE $
X OCCUR CLAIMS MADE AGGREGATE $
S
DEDUCTIBLE $
RETENTION $ $
WC STATlI OTH
WORKERS COMPENSATION AND TORY LIMITS ER
EMPLOYERS!LIABILITY E.L.EACH ACCIDENT $
E.L.DISEASE-EA EMPLOYEE S
E.L.DISEASE-POLICY LIMIT S
OTHER
DESCRIPTION OF OPERATIONSIL.00ATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
ENCROACMENT PERMIT FOR PLACEMENT OF 4'CONDUITS FROM TCU CAMPUS TO 3001 GREENE AVENUE,FORT WORTH,TX
CERTIFICATE HOLDER I 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 WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
ATTN:JAMES F.MILLER,DEPARTMENT OF DEVELOPMENT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
1000 THROCKMORTON STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
FORT WORTH,TX 76102 REPRESENTATIVES
W1T��n Pr-PRESENTATIVE
ACORD 25-S(7/97) �� O ACORD CORPORATION 1988
Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/4/2006
DATE: Tuesday, April 04, 2006
LOG NAME: 06BOWIE CONDT REFERENCE NO.: **C-21381
SUBJECT:
Authorization to Enter into an Encroachment Agreement with Phoenix Property Company
Authorizing Use of the Right-of-Way for Installation of Data Conduits Under 2800 West Bowie
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into an Encroachment
Agreement with Phoenix Property Company authorizing use of the right-of-way for installation of data
conduits under 2800 West Bowie Street between Greene Avenue and Waits Avenue.
DISCUSSION:
Phoenix Property Company, through its consulting engineer, Dunaway Associates, L. P., is requesting
permission to install data conduits under the 2800 block of West Bowie Street between Greene Avenue and
Waits Avenue. The TCU Apartments are currently under construction at 3001 Greene Avenue. The 4-inch
conduits are needed to connect data cables between the TCU Apartments and the TCU
campus. Construction will consist of open cut pavement construction and the conduits will be installed a
minimum of 24 inches beneath the existing water and sanitary sewer lines.
The Encroachment Committee has reviewed this request and recommends approval.
The encroachments will be 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 W. 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 11/27/2006