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HomeMy WebLinkAboutContract 37430Ci d `40 ; SECRETARY ONTRACT 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 Planning and Development Department Director, hereinafter referred to as the "City", and ��� acting herein by and through its duly authorized PRci�+J'� hereinafter referred to as "Grantee", Owner of the property located at 2�. �5ev ."`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, OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX sidewalks and other public rights -of -way, such Improvements) are described as follows: 1 %71 L� r�A 1 r�1 �Mrc Y-j 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 accorAance 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 thereafterI 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 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 Dollars ($ ). 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 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. 0 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. s 11. Grantee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the constructionI 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 t: INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, 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: 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 cIeaning 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. 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. THIS AGREEMENT. 19. 20. This Agreement shall be binding upon the parties hereto, their successors and assigns. 0 EXECUTED this 6' day of , 20X90 City City of Fort Worth usan , Panis, Qtmp DI irector ATTEST: Grantee (Business 7 9ZA65- VW 04m/171 By: Nan TitIE Approved As Town And Legality Y\� City Secre ry Assistant City Attorney OFFICIAL RECORD CITY aECRETARY T. WORTH, TX 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 Susan Alanis, 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 ,20p Notary Public in and for tl State of Texas R. G. NAREZ FJotary Public, Mate of Texas �Ay Commission Expires September 10, 2009 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 �JCxwmm'N;Ei—m • , 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 DER 0 Y,k,1AND AND SEAL OF OFFICE this 1Y S ;rya°`'�"'�'c � NOICry Public, State of Texas Comm. Exp. T T •05•T T s 12 Notary F�ublic in and State of Texas th day of . `T- NZ08-00235 TEXAS WESLEYAN UNIVERSITY 1201 WESLEYAN ST, FORT WORTH TEXAS 76105 Dear TEXAS WESLEYAN UNIVERSITY We are pleased to inform_ y_ou_thatyouur application=for NE--Z project certificatror_i_tras-b�ert=appKov�ce . _, This property is eligible for the following-NE-Z--incentives; if -applicable. - Waiver of all building permit related fees (including plans review and inspections) Waiver of all impact fees ® Waiver of plat application fee (including preliminary plat, final plat, short form replat) Waiver of Board of Adjustment applicationfee - vvuiver vi UCIIIVIILIUII lee ® Waiver of structure moving fee ® Waiver of community Facilities Agreement (CFA) application fee Waiver of zoning application fee Waiver of street and utility easement vacation application fee ® Ordinance Inspection fees Consent/Encroachment agreement application fees ff you are not applying for a tax abatement, all building permits must be pulled within the 12 month period from the date of this letter. By this letter, the City is not approving any tax abatement for the above property. To receive your tax abatement, the owner wilf need to enter into a tax abatement agreement with the City of Fort Worth through the Housing Department before building permits are pulled. Please contact 817-392-7540 and ask to speak to a NEZ staff person. Please call us at (817) 392-2222 if you have any questions regarding this information. rely, Neighborhooc�/Empowerment Zone Program Planning and Development Department STATED ARTICLES OF •..•, OF ARTICLE ONE FILED In the Office of the Secretary of State of Texas aPR 3S1 199 The name of the corporation is TEXAS WESLEYAN UNIVERSITY ("Corporation's). The Corporation hereby adopts Restated Articles of Incorporation which accurately copy the Articles of Incorporation and all amendments thereto that are in effect to date and as further amended by such Restated Articles of Incorporation as hereinafter set forth and which contain no other chancre in any provision thereof. b ARTICLE 1�V0 The Articles of Incorporation are amended by the Restated Articles of Incorporation as follows: 1 Art_ iele S is amended to hereafter read as follows: ARTICLE 5. The business and affairs of this Co oration shall be managed by a Board of Trustees ("Board") and the number of Trustees comprising the Board shall be not less than three (3). Subject to such limitation, the number of Trustees comprising the Board shall be fixed by, or in the manner provided in, the Bylaws of the Corporation ("Bylaws") The number of Trustees compris- ing the Board may oe increased o< uecreastci tip;;; ti1I�C t; amendment to, or in the manner provided in, the Bylaws but no decrease shall have the effect of shortening the term of any incumbent Trustee. The Trustees com risi ptncr elected or appointed in the manner and for theer ms provided bn the Bylaws. ICLES OF INCOR PAGE 1 2• Article 7 is amended to hereafter read as follows: ARTICLE 7. The Board of Trustees ("Board") shall have the power to appoint an Executive Committee consisting of two or more persons as provided in the Bylaws of the Corporation ("Bylaws"), a Majority Of whom are Trustees. The Board shall have the power to delegate to the Executive Committee all of the powers of the Board to be exercised at times when the Board is not in session and under such procedures as the Board may prescribe by resolution or pursuant to the Bylaws. Any action taken by the Executive Committee and evidenced by a certificate of the Secretary or an Assistant Secretary that such action was duly taken in accordance with a resolution or the Bylaws shall be binding upon the Corpora- tion to the same extent and in the same manner as if the action had been taken by the Board in regular session. ARTICLE THREE Each such amendment made by the Restated Articles of Incorporation has been effected in conformity with the provisions of the Texas Non -Profit Corporation Act and such RestarPrf Articles of Incorporation and each such amendment made by the Restated Articles of f Incorporation were adopted at a meeting of the Board of Trustees held on April 16, 1993 and received the vote of a majority of the Trustees in office, there being no members having voting nghts in respect thereof. . ARTICLI: FOUR The Articles of Incorporation and all amendments and supplements thereto are hereb superseded b the following y y Restated Articles of Incorporation which accurately copy the entire text thereof and as amended as above set forth: TICLES OF I,VCORPORATi PAGE 2 ARTICLE 1. The name of this Corporation shall be TEXAS WESLEYAN UNIVERSITY, ARTICLE 2. The purpose for which this Corporation is formed is to support an educational institution for men and women at Fort Worth, Texas, AttTICLE 3. The business of this Corporation shall be transacted at Fort Worth, Texas. ARTICLE 4. 1 his Corporation shall have perpetual existence. ARTICLE 5. The business and affairs of this Corporation shall be managed by a Board of Trustees ("Board") and the number of Trustees comprising the Board shall be not less than three (3). Subject to such limitation, the number of Trustees .comprising the Board shall be fixed by, or in the manner provideu in, the i;yia4vs of the Corporation ("Bylaws"). The number of Trustees comprising the Board may be increased or decreased from time to time by amendment to, or in the manner provided in, the Bylaws but no decrease shall have the effect of shortening the term of any incumbent Trustee. I�EST,4TED ARTICLES OF INCORPORATION The Trustees comprising the F� Board shall be elected or appointed in the manner and for the terms provided in the Bylaws, ARTICLE 6. This Corporation shall have no capital stock, nor shall it have members with voting rights. It shall be a non-profit, charitable corporation and shall never pay dividends, and all of its functions shall be directed toward providing an education for men and women without discrimination on account of race, creed or color, but in accordance with the principals of educational activity of the United Methodist Church. In the event that the charitable and educational function of the Corporation is abandoned or prevented, then the property and assets of the Corporation shall be governed, used and owned by the United Methodist Church in accordance with its Discipline. ART----1CLE!. The Board of Trustees ("Board") shall have the power to appoint an Executive Committee consisting of two or more persons as provided in the Bylaws Of the Corporation ("Bylaws"j a majority of whom are Trustees. 'i'he Board shah have the power to delegate to the Executive Committee all of the nix, of the Board to be exercised at times when the Board is not in session and under such procedures as the Board may prescribe by resolution or pursuant to the Bylaws. Any action taken by the Executive Committee and evidenced by a certificate of TICLES OF INCORPOR.�,Ti the Secretary or an Assistant Secretary that such action was duly taken in accordance with a resolution or the Bylaws shall be binding upon the Corporation to the same extent and in the same manner as if the action had been taken by the Board in regular session. DATED this the m-,._z'day of C:lLQH1TWUIRESTATEDARTICLES TiON 19930 TEXAS 1'VESLEYAN UNIVERSITY Chairman of the ^Board;of Trustees 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, INSR DD'L LTR NSRD POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE MM DD DATE IMM D /YY LIMITS A GENERAL LIABILITY 337955 09/01/2007 09/01/2008 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY - DAMAGE TO RENTED PREMISES Ea occurence $ CLAIMS MADE ® OCCUR MED EXP (Any one person) $ PERSONAL &ADV INJURY $ 1,000,000 X $SOO,000 SIR GENERAL AGGREGATE $ 21000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPgGG $ 2000000 POLICY PRO- X Loc Fire Legal Liabilit 50,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANYAUTO (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILYINJURY (Per (Per person) HIRED AUTOS NON-OWNEDAUTOS BODILYINJURY $ (Per accident) oonPEPTv "i.Mn�c (Peraccident) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS'LIABILITY TORYLIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER INCL E.L. DISEASE- EA EMPLOYEE $ EXCL OTHER E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS CITY OF FORTH WORTH IS LISTED AS ADDITIONAL INSURED UNDER THE GENERAL LIABILITY POLICY AS REQUIRED BY WRITTEN CONTRACT DURING THE POLICY TERM. CERTIFICATE HOLDER _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN CITY OF FORTH WORTH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFTBUT 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 AUTHORIZED REPRESENTAT^re. 33 ACORD 25 (2001/08) policy certificate voids and replaces previously issued certificates for the same ©ACORD CORPORATION 1988 policy period •q N C7 c x LLI F z m m cy �66 �s- C rkz 0 T E X A S Wesle�ran UNIVERSITY a �ehas Wes l eya i� U n ive r� ity Ileont al Baker Building Renovation South Elevation UideOHtoal Texas Wesleyan University °Sau�U���°°s eakcr 6uilding Renovation