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HomeMy WebLinkAboutContract 39601CITY SECRETARY CONTRACT N110 . �Q.911 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 'Slmlocl. (owNrr 1 acting herein by and through its duly authorized hereinafter referred to as "Grantee", Owner of the property located at (-I�Mptiil� ("Property„). WITNESSETH: 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, i OFFICIAL RECORD CfTY SECRETARY FT. WORTH, TX ,, sidewalks and other public rights -of -way, such Improvements) are described as fol lows: 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 aMO 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 andGrantee 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 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. Q 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 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 r� 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. E3 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. 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. 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. EXECUTED this �day of , 20DI. City City of Fort Worth Planning and Development ATTEST: Grantee (Business Name) By: Nai Title Approved As To Form And Legality Assi t�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 .. j 20. ANGELA ESTRADA Notary Public, State of Texas My Commission Expires August 21, 2011 7ON • • • -• - til 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 (: cr- j i C�kG>_�2 Z, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of C , 20 cf. AN6ElA ESTRADA Notary Public, State of Taxas My Commission Expiras August 21, 2011 Notary Pub c in and for the State of Texas 12 Tarrant Appraisal District Real Estate 12/04/2009 Account Number: 02891794 Georeference: 39570-34-30 Property Location: 4150 Hemphill St, Fort Worth Owner Information: Jimenez, Bertha& Sacramento 2 Prior Owners Legal Description: Taxing Jurisdictions: 4150 Hemphill St Fort Worth Tx 761154349 South Side Addition -Ft Worth B k 3 Lt 1 N41 1/2 Lt 2 026 City of Fort Worth 099 Regional Water District 220 Tarrant County 224 Tarrant County Hospital Dist 225 Tarrant County College Dist 905 Fort Worth ISD This information is intended for reference only and is subject to change. It may not accurately reflect the complete status of the account as actually carried in TAD's database. Certified Values for Tax Year 2009 Land Im r 2009 Total'* Market Value $32,061 $164,988 $1973049 Appraised Value * $32,061 $164,988 $197,049 lkpproximate Size" 200 Land Acres 0.2453 Land S Ft 105687 Appraised value may be less than market value due to state -mandated limitations on value increases " A zero value indicates that the property record has not yet been completed for the indicated tax year "`Rounded 5-Year Value History Tax Yea XMPT Appraised Land Appraised Impr Appraised Total Market Land Market Impr Market Total 2008 000 $32,061 $164,988 $197,049 $32,061 $164,988 $197,049 2007 000 $325061 $164,988 $197,049 $32,061 $164,988 $1972049 2006 000 $323061 $164,989 $197,049 $32,061 $164,988 $1972049 2005 000 $323061 $1382913 $170,974 $32,061 $138,913 $1702974 2009 Notice Sent: 08/07/2009 Exemptions: Property Data Deed Date: 12/10/1999 Deed Vol: 014150 Deed Page: 0476 Year Built: 1973 TAD Map: 2048 368 MAPSCO: 090H Agent: None Protest Deadline: 09/09J2009 Class:076 State Code: F1 Commercial Garage Bays: 00 Central Air: Central Heat: Pool: N W. MALTA AVE. METER TREE SMALL TREE u fl 2' IRON ROD EAST 120900' eKED `BRITTAIN & LIGHT POLE -t BOLLARDS WITH CHAIN TREE CALIPER ' —J TREE � I (5) SHRUBS ERY 25'-0" LOT m ® I® 9 B TLO Cy p4 11 0.66119 ACRES, ItJ 26,970 SFT& N�241,00 5' GREENSPACE IRRIGATED BUFFER SOUTHSIDE ADDITION a, VOL. 204—A, PG. 109 00 3" CALIPER P.R.T.C.T. TREE �i BLOCK 3 (5) SHRUBS EVERY 25'-0" LOT 8 LOT 9 � I HT I IGLE I U )ED 3" CALIPER TREE (5) SHRUBS EVERY 25'-0" DUMPSTERI4ND ENCLOSURE OWN KO BRI IN DUMPSTER DUMPSTER (FORD" SET 5' AERIAL UTIL EASEMENT DEDICATED BY 41S PLAT 3 I) (4 PARKING) LIGHT) WEST 120.00' SINGLE SIDED 12 ALLEY M(�''� MM ELECTRICAL POLE� W W W W 1 I I I I i I i a ' I 00 I I I z z I I � I wU i ono LOT 7 I I I i I I f IRON ROD MARKED "BRITTAIN & t CRAW FORD" SET I OI tf�l C 5' GREENSPACE toI li IRRIGATED BUFFER mI I at =1 HI �I ( SHRUBS F EfERY 25'-0" UPI C 3 CALIPER U. t/2" IRON ROD J LIGHT POLE MARKED 'BRITTAIN & AND METER CRAWFORD" SET COVERAGE 1 Optional of Insurance Per Occurrence COVERAGE I All Premises OPTIONAL COVERAGES. We provide insurance for those Optional Coverages described below. COVERAGE All Premises EMPLOYEEDISHONESTY 1 111 11 DEDUCTIBLE LIABILITY 1 MEDICAL PAYMENTS Except for amountcoverage reduces the 1 the applicable annual period. Please refer to Paragraph0.4. of the Liability Coverage Form. COVERAGE OF INSURANCE LIABILITY I01 111 PER 1 ill 111 MEDICAL111 PER PERSON LIABILITYTENANTS 1 1 1 PER OCCURRENCE Mortgage Holders: Countersigned (Date) (Authorized Representative) 56-5383 7-00 C5363102 PAGE 2 OF 3