HomeMy WebLinkAboutContract 39263CONTRA SECRETARY
NO 3
ENCROACHMENT AGREEMENTC r ��;
Se ADO 6 2008
STATE OF TEXAS § p9
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COUNTY OF TARRANT §�'>Iih FariTlties planning
THIS AGREEMENT is made and entered into by and betw� 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 TARRANT COUNTY COLLEGE
DISTRICT, a political subdivision of the State of Texas, acting herein by and through its
duly authorized Chancellor or duly designated agent hereinafter referred to as
"Grantee", Owner of the property located on the north and south sides of the Bluff Street
right-of-way (known as proposed Lot 1 R, Block 1 of the Tarrant County College
Downtown Campus Addition) between Calhoun Street and Commerce Street, Fort
Worth, Tarrant County, Texas ("Property").
W/TNESSETH:
1. The City maintains a 54" sanitary sewer line known as M-282 (the
"Sanitary Sewer Line"), contained within a proposed 60' wide sanitary sewer easement
hereinafter referred to as "Easement", located approximately 90' below the surface of
the Property. Grantee desires to build its Downtown Campus facilities on the surface of
the "Easement" after the Bluff Street right-of-way, currently located on the Property, is
vacated. By this agreement, the parties desire to allow Grantee to encroach upon the
"Easement" for purposes of the Downtown Campus while making provision for the
continued maintenance and operation of the Sanitary Sewer Line as presently located.
2. For and in consideration of the payment by Grantee of the fee set out
below and the true Cl"d faithful performance of the mutual covenants herein contained,
City hereby grants to Grantee permission to construct/ install and/or allow to remain,
Improvements ("Improvements") that encroach upon, use, and/or occupy portions of the
space on and/or above the "Easement" , such Improvements are described as follows:
Two proposed school buildings (designated as buildings '8' and '9') with a
courtyard between buildings.
The location and description of said Improvements and the encroachment is more
particularly described in Exhibit A, attached hereto, incorporated herein and made a part
hereof for all purposes.
3. All construction, maintenance and operation in connection with such
Improvements, 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 Development of City, or his duly authorized
representative. All plans and specifications thereof shall be subject to the prior written
approval of the Director of Development, 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. Ur� IMCIAL RECORID
nITY SECRETARY �
'il". WORTH,
4. upon completion of construction and installation of said Improvement and
thereafter, there shall be no encroachments affecting the Sanitary Sewer Line, except
as described herein and shown on the hereinabove referred to Exhibit A.
5. Grantee shall rehabilitate the Sanitary Sewer Line by sliplining the line in
accordance with City specifications, and with the City's prior concurrence, or by another
method acceptable and approved by the City. The rehabilitation of the sanitary sewer
line shall be performed by January 1, 2010. In connection with such work, Grantee
shall secure all necessary approvals and consents from any utility companies or
appropriate agencies of the State or its political subdivisions. Following completion and
acceptance of Grantee's work in connection with the rehabilitation of the Sanitary Sewer
Line, the City agrees to use reasonable effort to ensure that any maintenance or other
work necessary on the sanitary sewer line in the future do not disturb the improvements
installed thereon.
6. City may enter and utilize the easement for the purpose of repairing or
maintaining the Sanitary Sewer Line. 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
Worts to minimize such damage.
7. 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.
8. 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 Improvements, encroachment and uses.
9. 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.
10. Grantee covenants and agrees that it shall operate hereunder as a
separate political subdivision of the State and 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
A 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.
11. 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
Encroachment Agreement in its entirety in the deed records of Tarrant County, Texas.
2
After being recorded, the original shall be returned to the City Secretary of the City of
Fort Worth, Texas
12. 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.
13. 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.
14. This Agreement shall be binding upon the parties hereto, their successors
and assigns.
EXECUTED this day of , 2009.
0
CITY OF,FORT WORTH, Grantor TARRANT COUNTY COLLEGE DISTRICT, Grantee
By:
(`ernando Costa
Assistant City Ma
ATTEST:
By:
City Secreta
STATE OF TEXAS
COUNTY OF TARRANT
i
APPROVED AS TO FORM AND LEGALITY:
By: NU I
1UA
City Attorney
BEFORE ME, the undersi ne��autl�o Ih/, a �`otary Public in and for the State of
Texas, on this day personally'peare"c �FNO COSTA, 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
2009.
OFFICE this o1 n(d, day of S�Pr
otary Public, State of Texas
:��'�YeY'�; EVONIADANIELS
`*� '`` MY COMMISSION EXPIRES
��rf 4F �*�� July 10, 2013
RECEIVED
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TCCD Facilities Planning
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 Erma Johnson Hadley ,
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 TARRANT COUNTY
COLLEGE DISTRICT, and in the capacity therein stated.
GIVEN
2009.
#561857.1
UNDER MY HAND AND SEAL OF OFFICE this 9th day of September
KAREN S, BURKHARY
Notary Public, Stale of Texas
My Commission Expires
.May 19, 2013
State of Texas
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EXHIBIT —A
EASEMENT ENCROACHMENT EXHIBIT
TARRANT. COUNTY COLLEGE, DOWNTOWN CAMPUS
DECEMBER 12, 2006
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CERTIFICATE OF INSURANCE Issue Date: 9/29/2009
PRODUCER This Certificate is issued as a matter of information only and confers no rights upon the
Certificate Holder. This Certificate does not amend, extend, or alter the coverage
Wm. Rigg Co. afforded by the policies below.
777 Main Street, Suite G50
Fort Worth, Texas 76102 COMPANIES AFFORDING COVERAGE
Company Letter
A American Home Assurance Company
INSURED Company Letter
Tarrant County College District B Westchester Fire Insurance Com any
1500 Houston Street Company Letter
Fort Worth, TX 76102 C
Company Letter
D
Company Letter
E
COVERAGES
This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated, not
withstanding 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. Limits
shown may have been reduced by paid claims.
CO Coverage Policy Number Policy Effective Policy Limits of Liability
LTR Date Expiration
(MM/DD/YY) Date (MM/DD/YY)
General Liability
General Aggregate $ 4,000,000
X Commercial General Liability Products Comp/Ops $ 4,000,000
_ Claims Made X Occurrence Aggregate
_ Owner's & Contract Protection Personal & Adv. Injury $ 2,0001000
A X Waiver of Subrogation GL 189 49 67 10/17/08 10/17/09 Each Occurrence $ 2,0005000
Fire Damage (Any 1 Fire) $ 509000
Med. Expenses (Any 1 $ 107000
Person
Automobile Liability Combined Single Limit
..Any Auto
_ All Owned Autos Bodily Injury (Per Person)
_ Scheduled Autos
_ Hired Autos Bodily hijury (Per Accident)
_ Non -Owned Autos
_ Garage Liability Property Damage
Other
Excess Liability Each Occurrence $ 2520005000
B X Umbrella form G22011716001 10/17/08 10/17/09 Aggregate $ 25,000,000
Other than Umbrella form
Statutory
Workers' Compensation Each Accident
And Employer's Liability Disease Policy Limit
Disease Each Employee
Description of O erations/Locations/Vehicles/Restrictions/S ecial Items
Project: TCCD Downtown Campus Public and Private Utilities
City of Fort Worth is Additional Insured on General Liability as regards referenced
project as their interest may appear per written contract, subject to policy terms and
conditions
CERTIFICATE HOLDER CANCELLATION
Should any of the above described policies be cancelled before the expiration date
City of Fort Worth Thereof, the issuing company will endeavor to mail 30 days written notice to the
1000 Throclanorton Street Certificate Holder named to the left, but failure to mail such notice shall impose no
Fort Worth TX 76102
Obligation or liability of any kind upon the company, its agents or representatives.
Authorized Representative A
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