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HomeMy WebLinkAboutContract 41660ENCROACHMENT AGREEMENT STATE OF TEXAS COUNTY OF TARRANT CITY SECRETARY CO.ru�r�acr NoLi l,10 () 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 the U.S. General Services Administration acting herein by and through its duly authorized representative hereinafter referred to as "Grantee", Owner of the property located at 819 Taylor Street, Fort Worth, Texas 76102 ("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, sidewalks and other public rights -of -way, such Improvement(s) are described as follows: Various bollards along Taylor Street and West Tenth Street (Jackson Street)The location and description of said Improvement and the encroachment is more particularly described OFFICIAL RECORD CITY SECRETARY? Ft INORTH 1 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. 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 2 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 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 sum of TEN AND NO/100 DOLLARS ($10.00). 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. 3 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. 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 teiniinate. 4 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. 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 lawful 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. 5 14. Grantee shall be responsible to the extent provided under applicable law for all claims with respect to Grantee's use of the Property during the term of this Encroachment Agreement. Federal Tort Claims Act In accordance with the terms and subject to the conditions, limitations, and exceptions set forth in the Federal Tort Claims Act of 1948, as amended (28 U.S.C. § 2671, et seq.) ("Tort Claims Act"), Grantee shall be liable to persons damaged by any personal injury, death or injury to or loss of property, which is caused by a negligent or wrongful act or omission of any employee of the Grantee while acting within the scope of his office or employment under circumstances where a private person would be liable in accordance with the law of the place where the act or omission occurred. The foregoing shall not be deemed to extend Grantee's liability beyond that existing under the Torts Claims Act at the time of such act or omission, or to preclude Grantee from using any defense available at law or in equity 15. Grantee agrees to require that its contractors who perform such work on the licensed property to maintain and have in effect commercial general liability insurance with (i) all risk coverage, (ii) waiver of subrogation, and (iii) limits of not less than One Million Dollars ($1,000,000.00) for personal injury, including bodily injury and death and property damage. Grantee shall deliver to City a copy of the certificate of insurance required hereunder prior to the commencement of such work which certificate shall 6 provide that such insurance shall not be terminated or modified without at least thirty days notice to City. Grantee, being an agency of the United States of America, is self - insured. 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 Encroachment 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. City shall furnish a true copy of the recorded Encroachment Agreement to Grantee, to the attention of: Lonnie B. Wright Urban Development/ Site Acquisition Portfolio Management Division (7PT) U.S. General Services Administration 819 Taylor Street, Room 11B545 Fort Worth, Texas 76102. 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 attorney's fees to the extent provided Federal law, including the Equal Access to Justice Act, 28 U.S.C.A. § 2412) and the Prompt Payment Act, 31 U.S.C.A. §§ 3901 to 3907, but not otherwise 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. 7 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 and assigns. fr EXECUTED this , day of L (3A-Lj I ,20jr) . OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 8 City City of Fort Worth By: .ar Rand • Harwood Director Planning and Development ATTEST: City Secret • --aattri cOni dt7 0 00000000 v 2000ocy 0� :ckgr r_NO mac REQUIRED Grantee U.S. General Services Administration 2 By: Name: Ln%e th-•.v Title: (tr,„Aadniz,nc:c, r Approved As To Form and Legality Assistkkk AAN ant City Attorney OFFICIAL RECORD CIT ! SECRETARY Ft wI.. � y TX 9 STATE OF TEXAS COUNTY OF TA'RRANT the undersigned � ed authority,Texas,on a Not - this dayPublic in and Personally a for the State appeared Randle of whose�a'�'ooc� .� name is subscribed s known to me to be t d to the far the person foregoing he/she ,� g instrument, an executed theand acknowledged same for the purposes to me that and cons • and deed of �deratio.� there . the C�ty of Fo jn expressed Woa and inas the act the capacity therein stated AGIVEN ER HAND Cot €._ 20 ___LL. • •.._. alb — at r A+ lie •, a O_• � i1 Tye.am.' • ..,• !`� .ditoi'``�. • IRMA SAENZ Notary Public, State of Texas , My Commission Expires January 28, 2012 0 SE OF FACE this 3 c day of Notary Public in a �� d for thih State of Texas 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 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 (1, 5, 6'rw�4 L -.�&vrc s s / «T(Lft+/and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 t day of ,4��A2'4 , 20 f t =�q, 4 �`�" N • • • JONATHON M. HUNTER otary Public State of Texas My Commission Expires November 21, 2014 4 - -Th Notay Public in and for the Stat of Texas 11 E LEGEND 0 Z 5 CO 0 0 VI w W O re o� N oN N ,_ om N = N x O N Z 2 in - '4 W Na pa 0 ,0 • r "``Fb' GRt1nzTE RAal rnaa¢dD 6ARA2 YAtFei HY LLY 4Y:TE0 STATES if AMEfACA VOL 3753, PG 656 0.12911311. s LIGHTPOLE pi.- ON 1'x1' CONCRETE BOLLARD (TYP.) hi 6 /a 6RMaa. PASS. r0 l 0 MAVIS OAFS. °OPEN ROLLY e YA:Poi ixt AL Th HCiLY 0 Lwl :-P oil L.i 1'x1' CONCRETE BOLLARD (TYP.) 9 Cs ta UMTTED STATES OF AtERICA Va. 3>.'.I G. 66t QP R.T.0 T. 6'x3' CONCRETE PLANTER (TYP.) Rid UMatD STATES OF MJZflFCA CYCLICT • 1'x1' CONCRETE BOLLARD (TYP.) U'CTEG STATES „ AMERICA Vat. 3tS3, OPRTC.T G LIGHTPOLE AEM tGUT CRAT:s,� EvtEC.O tnr ASO,E (TYP.) / ON 1'x1' CONCRETE BOLLARD 41►7i�►i E+EP P S1.110 CAFMfM O 0 .%- 0 JUL C cuff EST TENTH PROPERTY BOUNDARY + FIRE HYDRANT WATER LINE TRAFFIC SIGNAL POLE/MAST ARM SIGN O CONCRETE BOLLARD ,.• LIGHTPOLE ON CONCRETE PLANTER LIGHT POLE 0 STRUCTURES ENCROACHING INTO ROW—FRITZ LANHAM BUILDING QUANTITY STRUCTURE 48 1'X1BOLLARDS 13 1IX1' BOLLARDS WITH LIGHTS 16 PNEUMATIC BOLLARDS 10 PLANTERS 1 ACCESS GATE 1W1E0 STATES OF ANSTOCA OPR1 C.T. 16 PNEUMATIC BOLLARDS ItTE(AOR • °`` (1.5'x2.5' BASE) COm m m m to uT iL tt'i 6.1 GT deal 115 tato ST. (J-AE+ ST- -- 014t.©.W.) SCALE: 1" minons 0 15 30 30' 60 i i szL A,C :SS GATE 0 Esc REALER BOLLARD !C O.,✓ ^0 • W J < Cl I" - I ta ENCROACHMENT EXHIBIT FRITZ LANHAM BUILDING FRITZ LANHAM BUILDING FORT WORTH, TX HU Tf ZJLARS MA-Zonra, Ste Enylawiq / Arctiaolun 000 W. 711 at 6N, 000 Fad Walk Texts 7001 Mann tht71095-1000 Fai(Bo)93610t5/ December 20, 2010 g L' c' REA