HomeMy WebLinkAboutContract 43024CITY SECRETARY
! CONTRACT NO. 4 d 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 and Development Department Director,
hereinafter referred to as the "City", and Eagle Mountain Saginaw Independent
School District, acting herein by and through its duly authorized Board of
Trustees, Dick Elkins, President hereinafter referred to as "Grantee ", Owner of
the property located at 5201 Educators Way, Fort Worth, TX 76179 ( "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:
OFFICIAL RECORD
CITY SRrRPTADv
FT, WORTH, TX
Modular Block Retaining Wall with chain link fence adjacent to property line
( "Retaining Wall ")
The location and description of said Improvement and the encroachment is more
particularly described in Exhibit "A" and Exhibit "B ", 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"
and Exhibit "B ".
4.
Grantee, at no expense to the City, shall remove and reinstall all or
portions of the Retaining Wall for the relocation and installation of any existing or
future utilities affected by such encroachment use and occupancy.
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 and
City understand and agree that City shall bear no responsibility or liability for
damage or disruption of improvements installed by Grantee or its successors, but
City will reasonably cooperate with Grantee to minimize such damage.
Cd
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 Two Hundred Seventy Five Dollars ($275.00).
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. The Agreement shall
automatically renew without any action taken by City or Grantee for a new term
of 30 years at the expiration of each original or renewal term, unless the parties
mutually agree at any time to terminate the Agreement.
F-11
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.
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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 likewise understood
and agreed by the parties that the Retaining Wall serves to benefit the public as
part of a public educational facility operated by Grantee. It is accordingly agreed
that if the governing body of City at any time during the term hereof determines it
has need to use, 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 the parties to this Agreement shall attempt to mutually resolve any issues
related to the effect of the encroachment on the new proposed use of the right of
way. If agreement cannot be reached between the parties following reasonable
efforts, City may terminate this Agreement with 60 days written notice to Grantee.
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 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. No provision
of this Agreement shall waive or otherwise affect any governmental immunities
possessed by the parties.
13.
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
14.
In any action brought by the parties for the enforcement of this Agreement,
the prevailing party shall be entitled to recover interest and reasonable attorney's
fees.
15.
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.
16.
THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION
CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF
THIS AGREEMENT.
17.
This Agreement shall be binding upon the parties hereto, their successors
and assigns.
EXECUTED this _)_)�day of _ i(YlCr0^ , 20 lZ.
City Grantee
City of Fort Worth Eagle Mountain - Saginaw Independent
School District
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Byfle Raarw d
Director
Planning and Development
ATTEST:
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Name: Dick Elkins
Title: President, Board of Trustees
Approved As To Form And Legality
40
Assistant City Attorney
FOFFICIAL RECOR ;
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CITY SECRETARY
FT WORTH, 'rx
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Name: Dick Elkins
Title: President, Board of Trustees
Approved As To Form And Legality
40
Assistant City Attorney
FOFFICIAL RECOR ;
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CITY SECRETARY
FT WORTH, 'rx
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 Randle Harwood, 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.
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GIV)N UNDER MY HAND AND SEAL OF OFFICE this day of
A(I (c rC, , 20_LL—.
IRMA SAENZ
Notary Pubk
STATE OF TEXAS
My Comm, Exp. Jan. 28, 2016
"zt
Notary Public in and for t
State of Texas
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 Dick Elkins, President, Board of
Trustees, 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
Eagle Mountain - Saginaw Independent School
District and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
Not Public in and for the
S of Texas
Not
16CwmFxp-07-22-1$1
Jackie D. Nethery
OFFICIAL RECORD
CITY SECRETARY
FT. VYORTH•. TX
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