HomeMy WebLinkAboutContract 43547 CITY SECRETARY Zll
ENCROACHMENT AGREEMENT CONTRACT NOa 0
STATE G F TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is made and entered into by and between the City of
Fart 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 Texas Christian Universit
acting herein by and through its duly authorized Brian Gutierrez
hereinafter referred to as "Grantee", Owner of the property located at 2800
Merida Avenue Property"1
W ITN ESSETH:
1.
For and in consideration of the payment by Grantee of the fee set out
below and the trice 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 sander, on and/or above the streets, alleys,
OFFICIAL RECORD
08-31 - IN CITY SECRETARY
FT.WORTH,TX
sidewalks and other public rights-of-way, such Improvement(s) are described as
follow.q:
Construct Pavestone stack wall next to 6 foot concrete sidewalk varying in height
from 20 inches (2 courses of 8" high Holland with one 4" cap stone) to 36 inches (4
courses) at its highest point. The wall is along Merida Avenue, west side between
West Cantey Street and West Lowden Street. About 75% of the street will require
a wall. The purpose of the wall by the sidewalk is to allow adequate and level green
strip for planting of trees. If the wall is place on the property line, the green strip
is reduced to an extent that it will not support a tree. If the wall is move toward
the interior of the property, the cost would be significantly higher and the Frisco
Height Neighborhood Association has already objected to that option. The stack wall
option would enhance the look by providing a clean level green strip instead of steep
slope subject to soil erosion and not conducive to planting trees.
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
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 inci.,ir 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 Two Hundred and Seventy Five Dollars 275.00).
7.
-rhe 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.
4
g.
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.
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.
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 net
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
net 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.
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:
$1,000,000 Commercial General Liability
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.
8
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 sander 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
11 and assigns. EXECUTED this � day of U ,
2012.
City Grantee
City of Fort Worth Texas Christian University
By: 4 By�:
andle arw a d
ran utierr
0000000Director Adu °o� Vice Chance
I a llor ance & Administration
Planning and Devel a
) o
o �o
°ATTEST: 0 proved As To Form and Legality o
�XA
�
1111t3.Q'd ot /All lor
kq,,6City Secretary Assistant City Attorney
OFFICIAL RECORD
9 CITY SECRETARY
FT.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 Randle Harwood, 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
C ,
lA Notary Public in and for the
Notm Public State of Texas
STATE of TEXAS
My Comm.Exp.Jan,28,2016
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 Brian Gutierrez, 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
and in the capacity
therein
stated.
GIV N UNDER MY HAND AND SEAL OF OFFICE this day of
qA(
20 .
'.0000
TE
RRY HAND aA14
....ti
•���,N NOTARY PUBLIC Notary P lic in and f the
stme Of TeX"
cam. .11.12-2°15 State of Texas
..F or- ..
I1
� o
Y
Ch
Q ri
to La
uj
Q
D
w � Z
Glm � �� - j 0: a n
CL
LLJ 0)
CID
I -7���' �—III U
CL
I I I lEl I M ILL, ry- Z
1=III=1 I I 3 UJ �
r CC, III PM I 1-1
� a
to
LLJ
LLJ
�� •. 11111�1111� � � a a
3 0 � IF=III—�= a
III-115�1
3�
Q gy=m I�IIIIIIIII II� x
o�
I II—L FE1 CZ!o
00 =C3 °
"°_ : 11=T—III- J "
s � 1=III= � �� _
�� 1LI=1 11=1 I Z n Q
�
CD
1=1 I1=1 I1=LI�I 11=
r � ��g Il_i-1 I IE�I i=1 I IEEI I 1=III
! o'� I—II I—III=III-T—III=, _ �
"I
�� III—III-1 I I-�-1I 1=III1 11=I=1I1 I � o N
LLA
g° 11111 lla3dOtld
1=1 II II
IEl I M��- z
� I_l_TI III I I I_I I I I I I I I I—LI. w
5=1
L.Lj M IIE-:1 I FEI I FI I Fl I EM I 1 III III— a
`- �-�
H r-1I 1=1I E I El I M I I=El I IEEI1= o
�_ � �0 1=III- Iff—III=111=III=III=III=III w
`�--�'�
ILI
—1
I-11'� I 1--i I—I I 1=1 I 1--1 I I
=1 I E�J II I I 1=1 E�l I IIEE��_I
III 111 III Ili III III— o
11-
II I I F9 II III N
CN I I 1=1 I I III I I 1=1 I I i I I I I I-
�, � j � _-: I I I I' I I III III III III=11� a
I11-1I I I I f I I 1=1I I I I li I I i 3
II M I I Z
Lia
r
'1S A31NVO"M r
1=1 I=L e� =1 I o ==l I 0 = _
r
1 I T-
CL w
CL
uj
I f �
W m U
k I
f � z � �
I d
+ w W N
Q J
U GO
di Q W a
; L� o D W
0 V
+ O w
i LO + f Q �C w
LLJ
CL IL
LO
� a �
Q Q cr
'AA (1)
C.)C] r2
F�
I f Ld d
I +
-- -- - -- -- -- -- -- Q `tom awc
Q 0 ° ¢
■� Y t��+ I + - !_ Z
Mm !! 0
m I _= z
cr Ix
C�L7 w
I _ 0 D
u U
r �
I Oo
1 W
% r
L i� 7
Z Z
<<
C)
Z Z Z
--- - ��
00
' H Z
Ir - _- --- - - - -- I W C/)V)
W
goo
Qd
I I I f
- I I
IJ I I + Z Z Y-
r Q
CL
41 z1 �
_ . I
+ - I 0
5 'y W ■
'1S N3C]ANO'l "M
RV CERTIFICATE OF LIABILITY INSURANCE oATE(rulMraomrYY)_s
e
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS'
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED'
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IAPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to,'
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to they'
certificate holder In lieu of such endorsement(s),
PRODUCER NAME.
Patti Davis (�14�3��-&a�5� .._............._.._ w._...__... ........... ...........__....._...._.............�......
IH fNE FAX
MarshUSA Inc _Aa. ?� .... ........ ._.._... w.................._......_............� .......... W L �.!�Z......_._ ......._._ .._.......
4400 Comenca Bark Tower �MAIL
1717 Main Stred AvI�R�s�:�.........w..............._ _�.�... _ �. ��. w.�_......___ -------------------M......._.........
..,..._._
Dallas,T T5201-T35T « u s.LAFFOROING COVERAGE NAIC�
_._w_ ......._..._... ... �..v..�..... _......_.., .�.
�_.�.._........ w
22194--LPD 1 -1 1NSliREF A; United Educators Ins Risk Ret.Grp. :10020
...._.n..........._—.—...................................�..-.._............. w............,.....�................_.i,.__....... _""'.w..,......-.._...
INSURED INSURI=A B. hUA NiA
TexasCh 6shan University ...M.�.........._ .��......................_.__............... .............�................._.._.... __._.._..M..._ .....,_ ._.._..... �_..�_._...
Jill Laster,Assoc
INSURER C:
Vice Chancellor far Human Resources 8 Risk Man�eme�lk, ..... ... .__......,.....--�.........._..._....w.�,..v..........._.
TCU Box 297110 INSURER D
Fart Worth.TX 76129 INSURER E.
INSPIRER F:
COVERAGES CERTIFICATE NUMBER: HOu-401976167-20 REVISION NUMBER:5
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOVV NAME BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD .z
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
j
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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
_ ..... _��. v._ ._...w _..... ��. ,. �._ _.. ._ _.. __..... . �....- ,__......�............... ..... _.._.........v w..
iNSRL-��B ---- _.._.w._. PC'IJCY EFFtLlC1XP
LTR- TYPE OF INSURANCE Pt�LICY Nl1MRER MII�IDO YYY �i{I�+IIL7DlYYYY LIMITS
A GENERAL UABILITY CGL24120L14?3600 WOV2012 O&OV2013
EACH OCCURRENCE .� .._.. 1•_�..._... .O.�..
AMA�T� N . .._.—......
E
P`RE.MISE5IE ,
X
COMMERCIAL GENERAL LIABILITY OO(3�O
CLAIMS-MADE � OCCUR MED EXP(�! one person) $ 5 D{� s
�.. ,� ... _........... :........._-....................__......._._r.._..._..
PERSONAL g Av-�INJURY
�___ _. ...,_....—��.......__..... _..�___._...�.......�. ....GENEI�AI._AGGREGATE.... _$.._�...__......_�..�� 3.0'�(}.DOO
GEN'L AGGREGATE LIMIT APPLIES PER, PROCUCTS-r~C MP-iOP AGG $
X POLICY PR J- LOC _ $
s
�: °AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT t
� t
ANY AUTO BODILY INJURY iPer perseq,9 $
_.__....-ALL OWNED _w..._.. SCHEDULED BODILY INJURY[Pe{arc deRt1 $
_..........:
AUTOS AUTOS ............. ............ ..................�„_.....
NON-OWNED
......................,..�.........,...�,. ,... {
PR�JPEiTY E�AMAGE $
HIRED AU 05 AUTOS
$
[11IAaBREUL1 LJAB OCCUR EACH OCCURRENCE $ �
h.,..... _ ............. _............. H.y.............................__.. «....... s
EXCESS LIAB CLAIMS.-MADE AGGREGATE 5 r
r
n s�ETFNTION
WORKERS COMPENSATION WC STATU- OTH-
_.. T 4Y.t.iM�.S .....�.��..___._.........._ .._
ANI�Efs11P Lp YE R$'Ll ABI L1TY Y!N ...�_.w....�-..r,.,._
ANY PROPRIETORIPARTNERIEXECUTIVE E. EACH ACCIDENT $ �?
OFFICER MEMBER EXCLUDED? � NIA _.___ �.,.._____..._� _...
(Mandadory in NH) E-II-DISEASE-EA EMPLOYEE,$
If e5.c3e=►cr�l3�under .µ...........__... ..,.
�MRIPTION OF OPERATIONS below E_f. DISEASE-POLICY LIMIT a
C
f�
i,
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES IAttech ACORD 1011,Additional Remarks Schedule,if more space is reqoiredI
EXHIBIT B
CERTIFICATE HOLDER CANCELLATION
City&Fort 1North SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE {
Attn: Development Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
(Encroachineol Agreements ACCORDANCE WITH THE POLICY PROVISIONS,
100 ThrockmaFton Supt. f....
Fun Worth.TX 76102 AUTHORIZED REPRESENTATIVE
of Marsh USA Inc. '
f
1
William Hines1
1988-2010 ACORD CORPORATION. All rights reserved.
f
ACORD 25(2014105) The ACORD name and logo are registered marks of ACORD ,