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HomeMy WebLinkAboutContract 39574r.. A 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 anjd, yD�e�velopment Department Director, hLLC ereinafter referred to as the "City", and V LJ�t V&)P��'1+ � � Q �t?yCl�3 l_.,,n, L,r!<bi I+ % mP�ny acting herein by and through its duly authorized I"lQili(�ie� hereinafter referred to as "Grantee", Owner of the property located at nl nI4tr ii +� )11a ("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 RECORDS CITY SECRETARY 9 FT: WORTH, TX I 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 this Agreement and the Charter, Ordinances and Codes of the City and in 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". C� 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. to 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 st 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 additions( amount equal to such additional cost as determined by the Director of Transportation and Public Works of the City, or his duty authorized representative. 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. Q 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 tYo� pay to City at the time this Agreement is executed a fee in the sum of t;�li�C-ri 1 `iV e 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 UVorth. 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 duty 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 faits 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 casts expended by the City to remove such Improvement. 9. It is further understood and agreed upon between the part(es 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 Leg(slature; 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 pub((c. It is accord(ng(y 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 sha(( automatically terminate. 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. laws, statutes, ordinances, codes ar regulations in connection with the construction, operation and maintenance of said Improvement, encroachment iTTiitl_t 12. 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 aI! 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 ifs operations, and a!I 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. iC1 15. While this Agreement is in effect, Grantee agrees to furnish City with a Certifica#e 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 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 attorneys fees. Grantee covenants and agrees that it will not assign a[t 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 ilk 20. This Agreement shall be binding upon the parties hereto, their successors and assigns. % vn� EXECUTED this J day of 2. City City of Fort Vvc By: Su: Din Planning and Development ATTEST: Grantee (Business Name) By: _ Name: Title: Approved As To Form And Legality Assistant City Attorney OFFICIAL RECORD 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 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 , . 200 Notary Public in and for4e State of Texas R. G. NAREZ Notary Puol�c, State of Texas My Cor*!'njsswn Expires Sel?f 7jber 10, 2013 OFFICIAL RECQRD CITY SECRETARY FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Publi%c in and for the State of Texas, on this day personally appeared�� FBI 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 UAi tfvknY �LX� and in the capacity therein stated. 1,GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1— day of REBECCA ADAMSDN SCHATZLE NOTARY PUBLIC STATE OF TEXAS COMMISSION EXPIRES: 01-12-201 1 12 Notary Public in and for the State of Texas OFFICIAL RECORD CITY SECRETARY FI WORTH, TX G7 S 0 U) D r m N 0 I N I co x r O 0 W r O �I I ^O Z C 0 C6 nU) oAN YGV1I I olr�l (VARIABLE WIDTH RIGHT-OF-WAY) w i n P.R. WEATHERFORD'S ADDITION VOLUME 310, PAGE 48, P.R.T.C.T. TEAGUENALL AND PERK/NS I I I I N I I m O C� I I A N < Or m C D K -4 �mm �Oo I N m D O 0 N 0 O Z I I co I I SHEET SEP7 2009 TBPE /t�pU' " Na F W 1100 Moon 8tr��t Fort Wort A, Tt+x�� 70YOY Phony.(8f7)888-6778*FNx:(8/7)888-2818 www.tnp-on1lne.00a 0 PROPOSED BUILUiNG TYPICAL TREE PLANTING SEE PLANTING DETAIL rVLtD4 FINISH GRADE OF CONCRETE SIDEWALK (TYP.) TREE WELL GUARDRAIL (TYP.) 2'-0' BRICK WALL SEE STRUCTURAL SHEET C2.01 TYPICAL SHRl18 PLANTING SEE PLANTING DETAIL B/L1.04 PLANTING MEDIA SEE SPECS. TYPICAL CURB FINISH GRADE OF EXISTING STREET (TYP.) COMPACTED SUBGRADE SEE SPECS. � 0� 5'-0' @TREE WELL 2' 0` 4'-0' Q TREE WELL y. __ .-__.-_.,. . Y� HANDRAIL (TYP.) SEE CIVIL SHEETS .: RAMP (TYP.) SEE CIVIL SHEETS TYPICAL SECTION OF CURB AND SIDEWALK ALONG UNIVERSITY DRIVE N.T.S 3'-8' 3'-4' RAMP i SIDEWALK TYPICAL SHRUB PLANTING 1 SEE PLANTING DETAIL 8/L7.04 PLANTING MEDIA VARIES SEE SPECS. TYPICAL CURB ' � FINISH GRADE OF —� EXISTING STREET (TYP) COMPACTED SUBC,PADE � ' .. SEE SPECS. T 6' 2'-0' TYPICAL SECTION OF CURB, RAMP, AND SIDEWALK ALONG UNIVERSITY DRIVE N.T.S. �� �AcuE act A>�� �FRx>,Ns N A � — - -- em'f _�-r ion � 1f00 Moon 8troot Fort Worth, Twx�s 7?102 A � �/\�C. PAon�:(817)93 A-6773•F•R:(817)33e-2B13 SEPT 2009 78PE A/¢/baeM Nn F2S0 r r r. t n v- o n l l n�. c a m SIDEWALK (TYP.) SEE CIVIL SHEETS UNDERGROUND STRUCTURE SEE ARCHITECTURAL PLANS qTY OF FORT WORTH, .:'© �O =o� m rn z BUILDING ELEVATIONS !ob ?. 08098.°2 FWe Name: Ebv-0l-Enooa hmenis TCU Mixed -Use Student Housing °a.a:osrzdrzoos Fort Worth, Texas o,aH„by.E�e D m cd4±, 33_ _ N n QRCAR m 38888 O e o.e a� s. i;ekN 3333= A TD ZZ m m fI TCU MIXED -USE STUDENT HOUSING SE CORNER OF UNIVERSITY AND DEVITT FORT WORTH, TEXAS 76109 z� z� I m zzpo mmama mmomA �m zA z Nr ZZ� f a mmm < ZOO<�m Zim 41 mz AnD-<OT. Am(� Z30 N O -1 n' O O Z m 0 CJ tJ A,� m �1� �1 i�� <m m D y0 Alb �} mo m 0� �� l 0 1 j 1 1 1 I 1 1 anr�lw fNthiware !a M iti��swru Oi11�7� �mn 0 Gad FJ &Fva A ACORD CERTIFICATE OF LIABILITY '.PRODUCER Legacy Texas Insurance Services, Inc. P.O. Box 851018 Richardson TX 75085-1018 Phone:972-461-7300 Fax:972-461-7340 INSURED Savannah Homes LP; Steve King Custom Homes Inc.; 500 W. Lookout Richardson TX 75080 COVERAGES I N S U RAN C E OP ID RH DATE (MM/DD/YYYY) SAVAN-2 1 10/01/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOV INSURERS AFFORDING COVERAGE INSURER A: Mid Continent Casualty Company INSURER B: Mid Continent Casualty Company INSURER C: America First Insurance Co INSURER D: INSURER E: NAIC # 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, LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MMIDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 PREMISES (Ea occurence) $ 100,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X� OCCUR 04GL000757160 01/30/09 01/30/10 MED EXP (Anyone person) $ 5 , 000 PERSONAL & ADV INJURY $ 1 , 000 , 000 X EIFS/LEAD/MOLD EX GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC JECT PRODUCTS - COMP/OP AGG s2,000,000 B AUTOMOBILE LIABILITY ANY AUTO 04CA002769783 01/30/09 01/30/10 COMBINED SINGLE LIMIT (Ea accident) $ 1 , 000 , 000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIREDAUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER C Builders Risk IM9803476 01/01/09 01/01/10 Jobsite 3,0001000 Deductible 1000 Aggregate 51000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Fort Worth is an Additional Insured in respects to General Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION CITYF-6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIf DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Fort Worth IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 311 W. 10th Street Fort Worth TX 76102 REPRESENTATIVES. ©AGORD CORPORATION 1988