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HomeMy WebLinkAboutContract 38948CITY SECRETARY CONTRACT NO. ENCROACHMENT AGREEMEN T S I A I E 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 ,ru�� Cc,iof6/, C��� L,�. acting herein by and through its duly authorized ����f� �x�'s ,C.>>s��'c:� hereinafter referred to as "Grantee", Owner of the property located at ("Property"). WITNESSETI-1: 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 Now to remain, Improvement(s) ("Improvement") that encroaches upon, uses and/or occupies portions of the space under, on and/or alcove the streets, alleys, C'�FIr�iAL RECORD CiT1r SECRETARY FT. WORTH, TX ii sidewalks and other public rights -of -way, such Improvements) are described as follows: Ak JTII �7 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. S� 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. lJpon completion of construction and installation of said Improvement and (hereafter, 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 . 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 i ransportation 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 r'ee in the sUM of 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 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 Worl<s, 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. 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 Cify as trustee for the public; thCAt Cify exercises such powers over the public right -of way as have been delegated fo if by the Constitution of the State of Texas or by the Legislature; and that Cify cannot contract away its duty and ifs legislative power fo control the public right-of-way for the use and benefit of the public. If is accordingly agreed that if the governing body of Cify may of any Time during the Perm hereof determine in ifs 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 fo 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 aufomafically 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 properly in which a Third parry may have an interest, and Grantee agrees That it will obtain a11 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 II encroachment and uses. 1�. Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by Phis 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 ofricer, 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. 0 15. While Phis Agreement is in effect, Grantee agrees to furnish Cify with a Cerfiificafe of Insurance, naming City as certificate holder, as proof that if 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 Thai such insurance amounts shall be revised upward of Cify's option and that Grantee shall so revise such amounfis immediately following notice fo Grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without of least fen (10) days prior written notice fo 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 fo City on the anniversary date of the execution of this Agreement. Grantee agrees, binds and obligates ifselr', ifs successors and assigns, to maintain and keep in force such public liability insurance at all Times during the Perm of Phis 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 fo 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. EXECUTED this 3C day of J 2OL City City of Fort Worth By: Susan A anis, Dir cto� Planning and A I TEST: Development G �m City Secretary Gran'iee (Business/ -0rl Title: se�4el�7'o te� / S/ U Approved As To Form And Legality r Assistant C Attorney dFFIC1AL RECORD CITY SECR'�TARY FT. WORTH, TX to 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 if will not assign all or any of its rights, privileges or duties under Phis contract without the prior written approval of the City Manager or designee. Any attempted assignment without prior written approval will be void. this Agreement shall be binding upon the parties hereto, their successors and assigns. 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 and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �C7 day of 1k�� , 20 0 q . + ��' MY COMMISSION EXPIRES ' F€ MAY 23, 2010 Notary PuE�Iic in and for the Leo, Texas 12 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 20 OC. Notary Public in and foL pe State of Texas R. G. NAREZ Notary Public, State of Texas My Commission Expires September 10, 2009 �e\�iI1AfoOA- GG 99 z z Z O '9 0 0 Z2 zx rrl S1 O7 O . m OE tz fz � D D Dz lgz2 � r )0�*1 v Q 0 rTl mQ V LunEiN UE 11yL AJ I -(609 ROW) - D D n "0 mA m —OE OE OE - -OE OE—�E-OE � �, OE OE OE OE — NORTH 100.00' z I v<{n �c 02 _ �0 m x 1 2 06 c m < z C:zi00 6 � a D 0 m� j I 0 i D � � ,0000r xsnos N � 0 z Z x O ,v to i Iz I Io _v Z 0 i .; 1. l� 7. 1 Exhibit 6499 Ac® ® CERTIFICATE LIABILITY INSURANCE DATE (MM/DD/YYYY) 16*6 ® 07101 /2009 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Aaron Reeves State Farm Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3529 Heritage Trace Parkway, Suite 155 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Keller, TX 76248 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. AINSURERS AFFORDING COVERAGE I NAIC # INSURED INSURER A: State Farm Lloyds 43419 Fort Worth City Life Center of the Assemblies of God INSURER B: 915 Florence Street INSURER C: Fort Worth, TX 76102 INSURER D: INSURER E: COVERAGES 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. INSR ADD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSR TYPE OF INSURANCE DATE (MM/DDIYYYY) DATE (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 110009000 AMAGE TO NED X COMMERCIAL GENERAL LIABILITY PREM SES (Ea occaurrrence) $ 3003000 CLAIMS MADE ❑X OCCUR L-93-BKM987-2 03/27/2009 03/27/2010 MED EXP (Any one person) $ 59000 PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ 210009000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO LOC $ PRO. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS' LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE� E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under E.L. DISEASE -POLICY LIMIT $ .qPFr.[Af PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS For permanent encroachment. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION The City of Fort Worth DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1000 Throckmorton St. Fort Worth, TX 76102 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, ATTN: Planningand Development p AUTHORIZED REPRESENTATIVE Karen Mattocks ACORD 25 (2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1001486 132849.2 02-16-2009