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HomeMy WebLinkAboutContract 45768 (2)CITY SECRETAR CONT CT NO. Li_sse, RIGHT OF WAY ENCROACHMENT AGREEMENT (COMMERCIAL) 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 City Manager or its duly authorized Assistant City Manager or Planning and Development Department Director, hereinafter referred to as the "City", and TEXAS CHRISTIAN UNIVERSITY, acting herein by and through its duly authorized Vice Chancellor of Finance and Administration, hereinafter referred to as "Licensee", Owner of the property located at 3608 Pond Drive, Fort Worth, Texas 76109 ("Property"). AGREEMENT 1. For and in consideration of the payment by Licensee of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Licensee 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 Improvements) are described as follows: 95 LF Retaining wall 170 SF Steps with handrail 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 2012 ROW Encroachment Agreement -Commercial RACIAL RECORD MTV TV sFCR if ARYViov �I�II P eE� fl( r.'1 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 Tiansportation and Public Works, or his duly authorized representative, but such approval shall not relieve Licensee 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. Licensee, 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, Licensee 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, Licensee understands and agrees that City shall bear no responsibility or liability for damage or disruption of 2012 ROW Encroachment Agreement -Commercial Page 2 of 10 improvements installed by Licensee 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, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Three Hundred and Twenty Five Dollars ($325.00). Upon execution of this Agreement and annually thereafter, Licensee agrees to pay a fee in the amount of $.56 per square/linear foot of the encroachment area. 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City of Fort Worth. Provided however, this Agreement shall terminate upon the non-compliance of any of the terms of this Agreement by the Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty days this Agreement shall be deemed terminated. 8. Upon termination of this Agreement, Licensee 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 Licensee that if this Agreement terminates and Licensee 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. 9. 2012 ROW Encroachment Agreement -Commercial Page 3 of 10 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. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Improvements over or within the described public right of way and is not a conveyance of any right, title or interest in or to the public right of way nor is it meant to convey any right to use or occupy property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permission before occupying such property. 11. Licensee 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. Licensee 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. 2012 ROW Encroachment Agreement -Commercial Page 4 of 10 Licensee 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 Licensee 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 Licensee, its officers, agents, servants, employees, contractors and subcontractors and nothing herein shall be construed as creating a partnership or Joint enterprise between City and Licensee. 14. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS 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 LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE 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 LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, 2012 ROW Encroachment Agreement -Commercial Page 5 of 10 CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. While this Agreement is in effect, Licensee 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 Licensee that such insurance amounts shall be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee 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". Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Licensee 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 Licensees contractors. 16. Licensee 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 2012 ROW Encroachment Agreement -Commercial Page 6 of 10 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 Licensee, City shall be entitled to recover interest and reasonable attorney's fees. 18. Licensee 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. 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. EXECUTED this av o ,2 2012 ROW Encroachment Agreement -Commercial Page 7 of 10 City City of Fort Worth ti Randle Harwood Director Planning and Development ATTEST: City Secretar • 2012 ROW Encroachment Agreement -Commercial Licensee Texas Christian University By: r Name: Brian Gutierrez Title: Vice Chancellor For Finance and Administration Approved As To Form and Legality iA•Hs /14,01-44"-' Assistant City Attorney OFFBCLiA L RECORD ©FJTV SECRETARY t n t1 t1 Y age 8of10 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State on this dayof Texas, personally appeared Randle Harwood , known to me to be the person name is subscribed to the f P n whose foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and' consideration therein ex re deed of the Cip ssed, as the act and ty o f Fort Worth, and in the capacity therein city therein stated. UNDER M ,AND AND SEAL OF OFFICE this ,20. _. • ice/in; . }�� ', Intl Mitt ettiNiccietteie • .y • CASSANDRA F. FOREMAN Notary Public, State of Texas My Commission Expires April 26, 2017 2012 ROW Encroachment Agreement -Com mercial Notary Public in and for the State of Texas Page 9 of 10 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 Brian Gutierrez, Vice Chancellor For Finance and Administration, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of Texas Christian University, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Thay , 20 /4 . ktl\s/ CARLA J. SUBLETT re : NOTARY PUBLIC STATE OF TEXAS f=* CO MISSION EXPIRES: AC• sili + 1 1-12 —2 01 S Notary Publifin and for the State of Texas 2012 ROW Encroachment Agreement -Commercial Page 10 of 10 'IIIIYYW,IdIWiJ1114'11'u';ull:Iwl WI,WIJYIYIWY1YYIiY•1 11•1111114 11111111u 111•1•1141111•111i••••111 IYYY11'Ii1lJllu WIWYNY ; 1,111,11,111111111k illIIIi,IRwlllikui'l•hiwomil J111dYWII4 11111 11111•11•111ffilhiii alialw111141111 uYlliIY16YYWI4Y'IIYIY";YIJ111YIY411'YYIJ 111J di I WW1 Idia111l11l111,11 I I 1111L111 JI hi I11d1Y11Jihi ill11111111i1111'1 OTTED BY: Sanchez, Gaby ON: Tuesday, May 06, 2014 AT: 8:52 AM FILEPATH: G:\Production\000100\B000145\Design\009\Drawings\Exhibits\1405D6 EnaoachmenLWa[[ & Steps \Encroachment Agreement E hibitdwg x EX-W Enna • nal w N.fr .—.. 0 CO EX -GA? =x-1,3,t • EXHIBIT "A" LOT 1R BLOCK 1 TCU ADDITION CAB A, SLIDE 4482 P. R. T. C. x x x EX -GA? BELLAIRE DRIVE NORTH PROPOSED. WALL (HEIGHT V ARMES) v w w w w w w 85.5 DINING HALL FF = 666.00 Fk 4 PROPOSE STEPS PROPOSED HANDRAILS w w w 1 t_f 9.4 \I -IL - PROPERTY LINE TCU WORTH HILLS VILLAGE ENCROACHMENT AGREEMENT EXHIBIT SDUNAWAy 550 Batley Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335 1121 • Fax: 817.335.7437 (IXREG. F•1114) 0 • 20 I ._ rY o =t) CY= w w w N44'54'45"W w14.1#' w w w + 00V5'15"W 5.20' SCALE: 1 20 ft. 40 II a 1111 J 1u II l 111161l1i1 1 111 400 iSR LTR TYPE OF INSURANCE LTR • A I GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLA1MS•:Y.ADE X OCCUR ,CORD CERTIFICATE OF LIABILITY INSURANCE DATE1Y osl30/23a/2a14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-972-991-3700 Arthur J• Gallagher Risk Mngmt, Services, Inc. Two Lincoln Centre 5420 LBJ Fwy, Suite Dallas, TX 75240 Daniel M. Tropp INSURED ...----- Texas Christian University TCU Box 297110 Fort worth, TX 76129 CONTACT Barbara Murray NAME: PHONE 972 663-6127 �Iac koj:.972 _991-4061 E-MAIL barbers murra @a ADDRESS: 5' _. 9 — corn__ — _ INSURER(S) AFFORDING COVERAGE NAIL ft INSURER A: UNITED EDUCATORS INS RRG INC '10020 INSURER B INSURER C : INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 40004037 REVISION NUMBER: THIS IS TO CERTIFY THAT 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. __ '_ '-' ADDL WRI SUBI POLICY EFT ` POLICY EXP 1 INSR VD I POLICY NUMBER 1 IMMIDDIYYYY) , (MM/D01YYYY) • LIMITS jCGL201400070600 j 06/01/1 06/01/151 EACH OCCURRENCE 4 1.000,000 1--OAMTAGE"WNTE0 1,000,000 .. i t LPREMISES (Ea occurrence} $ iMED EXP (Any one parson) $ 5, 000 . PERSONAL & ADV INJURY s 10 000,000 rGENERALAGGREGATE $ 3,000,000 PRODUCTS • COMP/OP AGG $ — 1 GEN'L AGGREGATE LIMIT APPLIES PER: -- POLICY i ~ 1 PRO• LOC JFC7 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS UMBRELLA LIA6 EXCESS LIAR SCHEDULED AUTOS NON -OWNED AUTOS OCCUR CLAIMSMApE{ LIED RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR(PARTNERIEXECUTIVE t'7FrICERtRMEMBER EXCLUDED? (Mandatory in NH) If yes, aosc(UO under EiESCRIPTION OF OPERATIONS below t YIN; :NIA 1 $ I COMBINED SINGLE LIMIT LtEa accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EACH OCCURRENCE S ;AGGREGATE t $ I$ WC STA1U• I IOTH- i TORY LIMITS I '- ER 1 E•L. EACH ACCIDENT $ E.L. DISEASE • EA EMPLOYEE -$ I E.L. DISEASE - POLICY LIMIT 1 $ I i DESCRIPTION OF OPERATIONS i LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Ramarks Schedule, If more space Is required) CERTIFICATE HOLDER City of Fort Worth Attn: Development Department iEncroachment Agreements) 1000 Throckmorton Streeet Port Worth, TX 76102 AGORD 25 (2010105) lavanyadalc 40004037 USA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE 1988-2010 ACORD CORPORATION. Alt rights reserved. The ACORD name and logo are registered marks of ACORD