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Home My WebLink AboutContract 42938 (2)I I I�G I C� �ITY SECR�iAR� �� j��--� cor��r �o � ENCROACHMENT AGREEMENT STATE OF TEXAS COUNTY OF TARRANT � 0 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 duly designated Assistant City Manager, hereinafter referred to as the "City", and Tarrant Countv, acting herein by and through its duly authorized B. Glen Whitlev. Countv Judge hereinafter referred to as "Grantee", Owner of the property located at 100 North Calhoun Street, Fort Worth, Texas ("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 construcU 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: C��r��;i��. kf�C:�r:i� �. • �T� M!(D�'�°�, �'� � � � � n in � rator � (Exhibit A) for further information. � iR`•.' 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 specification�. in 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 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". !� 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 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 K3 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 Five hundred and seventv five Dollars ($575.00). 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. � 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. � �a 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. �� 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 0 OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL C�AIMS 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 A�LEGED 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 AL� 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. Grantee is a governmental entity and is self-insured to the extent of its liability under the Texas Tort Claims Act. fi[:� � 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. 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. `E� 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 approval will be void. Any attempted assignment without prior written 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. 0 EXECUTED this �� day of _�a�ll�"GC ��2� C ity City of Fort Worth By:��...�.� ��--. Fernando Costa � Assistant City Manager ATTEST: � 0 ,; � � . . ,._ �. =., � � `i� � 1� •` i i •` . ; :, Grantee Tarrant County 201� By: � Name: B. Glen Whitle Title: Countv Judqe Approved As To Form And Legality r � �. , `-`\�,�`�lti��) Assistant City Attorney �j �,.5 �:�/ Contract P�uth��i ��o� � l/�' �� Da�� . • • • ' .•: • - ' • • 11 ..� , ; � .�' }I �_ � , �.� aiTY ��RETARY . ��, S. RENEE TIDWELL, CPA COUNTY AUDITOR 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 Fernando Costa, 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. GNEN UNDER MY HAND AND SEAL OF OFFICE this � . - ;� 20 �� _ IRMA SAENZ ► �j w Notery Pub�ic �^� STATE OF TEXAS My Comm. Exp. Jart. 28, 2016 � � �v , , � J _ , , Notary Public in and for the- State of Texas day of V��\t��. I�c`�iitVi�W CITY SECi�f�TA�iY ; �T. V�ClRTW, TX io STATE OF TEXAS COUNTY OF TARRANT � 0 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared B. Glen Whitlev , 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 Tarrant Countv , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this C� day of L�c�--��r , 2011—. [' . . �L� 5 A< �. GRACE RNODEN i�OTARY Pl1�LIC S7ATE OF TEXAS MY Comm. Exp. 02/28/2013 � � � /� � Notary Public in and for the State of Texas 11 . � s�£� "�� s � g € �� f� � 4� �� +�F; ENCROACHMENT AGREEMENT Tarrant County Civil Courts Building Fort Worth, Texas 11 November 2011 i ( E BELKNAP STREET F- w w � � N z � 0 x J Q U I� \/ � vv�r,� � ��.� ..�...., � �.�� OVERALL SITE PLAN 1 /8" = 1'-0" u u e n n u � � � � ENCROACHMENT AGREEMENT Tarrant-County Civil CoudsBuilding Fort Worth, Texas 11 November 2011 22'-8" 8'-8° v � � 25'-3' `i — — — — — � ,i (� m � W W � F- � � O J Q U � � W. z 7 K ala � � � � . ( � 0 � � � � � � � /� �/ PARTIAL SITE PLAN - AREA 1 � — — — � — 1 /8" = 1'-0" .�� . • • � • . . E BELKNAP STREET ��-o°„ ze�-o° o• %�� TREEANDTREEGRATE,TYPICAI , / PEDESTRIAN LIGHT POLE, TYPICAL � eo�-o� �-o•„ ze�-o° „ 56'-0" 1 '� 31'-5' � 24'-0' ` =-7�� PROPERTYLINE � ._--4•—n— „ � r � 11 November 2011 �� , �, , � �� \ LIGHTING PROTEO1cON V ' GROUND CABLE, t , ' 1 _ Z � UNDER-SIDEWALK STORM DRAIN EBELKNAP STREET 7�R EANDTRE GRA�TE,TYPICAL '-0' 20'-0` -0" 28'-0" , . 56'-0` 24'-0' 31'-10" _ I � , I � LME Of SNADE DEVICE AT LEVEL t IINE OF CANOPY AT IEVEl6 t LIGHTING PROTECTION GROUND CABLE, 2'-0'BEVONDPROPERTY LINE IN-GROUND LIGHT FIXTURE, TYPICAL ( 4`�V l� � I I I I '-0 19' - 6' 31'-8' v_ 21,_4. 1 ' � o � � ' PIPE BOLLARD, � TYPICAL 6' EXTENSION BEYOND PROPERTYLINE � � IN-GROUND LIGHT fIXTURE, — TYPICAL � A R EA 2 PEOESTRIAN IiGHT POLE, tiYPICAL ' \ id ' DOOR SW�NG, 2'�6' BEYOND PROPERTY — LINE ' TREEANDTREEGRATE, — TYPICAL ' IN-GROUND LIGHT FIXTURE, — ' TYPICAL � LIGHTING PROTECTION — � GRWND CABLE, 2'-0'BEYONDPROPERTY LINE � � � ' � � � � � � � � � � t � � � � � � ■ � ' /\ ,� �! -'-xu cr� 1 /8" = 1'-0" X �� u � ' I � I � I `o N PEDESTRIAN LIGHT POLE, TYPICAL � iu � 0 i � W o� � F— � '^ VJ W O � 0 � ' ( '' � ( ' I PARTIAL SITE PLAN - AREA 2 ENCROACHMENT AGREEMENT Tarrant County Civil Courts Building Fort Worth, Texas 11 November 2011 � � � W W � h C� Z � O _ J Q U /� �/ PARTIAL SITE PLAN - AREA 3 1/8" = 1'-0" �� . • . • . �,� �_.w . . 11 November 2011 E WEATHERFORD STREET 1 1 �,�------------------ � 1 ' TREE AND TREE GRATE, — TYPICAL � 1 m � ' � ' EMERGENCY GENEFNtF9�- ' EXHAUST FIUE al i6'-0' ABV. iHE SIDEWALK ' LIGHTING PROTECTION — GROUND CABLE, 2'-0' BEYOND PROPERTY LINE � A R EA 4 PEDESTRIAN LIGHT POLE, — ' TYPICAL ' PIPE BOLLARD, 6' EXTENSION BEYOND ' PROPERTY LINE I ' � t ' IN-GROUND IIGHT FIXTURE, TYPICAL ' UNDERSIDEWALKSTORM ORAIN DISCHARGE FROM ROOF LINE OF SHADE DEVICE AT — LEVEI i LINE OF CANOPY AT LEVEL 6— , , 53'-8` � - -�- - - i ■ I � � � UNDERSIDEWAIK TO BACK OF CURB 1 � 84'-0" TREE AND TREE GRATE, TYPICAL 2 9' 31'-B° 14'-10` 23'-6' � E WEATHERFORD STREET I� \/ PARTIAL SITE PLAN - AREA 4 i �i � � � � W � ��/'� VJ VJ Z O � 1!8" = 1'-0" � ENCROACHMENT AGREEMENT Tarrant County Civil Courts Building Fort Worth, Texas 11 November 2011 IN-GROUND LIGHT FIXTURE, TYPICAL 0 i co 36 - r i� - � � � � Oi � I I I 0 � N ,i a Level2 /1 20' - 0' v AIUMINUM SHADE DEVICE GLAZED ALUM WAL Level 1 /1 0" v PARTIAL WALL SECTION AT LEVEL 1 SHADE DEVICE 1 /8" = 1'-0" F � ENCROACHMENT AGREEMENT Tarrant County Civil Courts Building Fort Worth, Texas 11 November 2011 �,� !�i 11 '_;� WINDOW MULLION TRIM WINDOW MULLION TRIM WINDOW MULLION TRIM z � J � � IL1A K d I 0 0 0 _ Level6 84'-0" _ Level5 68'-0" _ Level4 52' - 0" _ Level3 36' - 0" PARTIAL WALL SECTION AT MULLION TRIM 1 /8" = 1'-0" .�� . • • . • . . 11 November 2011 Roof 102' - 0" CANOPY Level 6 84' - 0" PARTIAL WALL SECTION AT LEVEL 6 CANOPY 1/8" = 1'-0" � ENCROACHMENT AGREEMENT Tarrant County Civil Courts Building Fort Worth, Texas 11 November 2011 M&C Review �f �' ), ;► Page 1 of 2 Official site of the City of Fort 4Vorth, Texas �`�R�''�'��'Ci � - _. _ _ - � � .. . _ COUNCIL ACTION: Approved on 2/14/2012 REFERENCE ** 06TCCCB 100 N CALHOUN DATE: 2/14/2012 N� : C-25431 LOG NAME: ENCROACHMENT AGREEMENT (MULTIPLE) CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Encroachment Agreement with Tarrant County for the New Tarrant County Civil Courts Building at 100 North Calhoun Street (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize execution of an Encroachment Agreement with Tarrant County for the installation of multiple encroachments at 100 North Calhoun Street as a part of the new Tarrant County Civil Courts Building Project. DISCUSSION: Tarrant County has requested use of the public right-of-way for the installation of multiple encroachments at 100 North Calhoun Street. These encroachments include a door swing, canopy overhangs above �evel 6, shade devices at Level 1, window mullion trim extensions, trees and tree grates, in-ground sidewalk light fixtures, pedestrian light poles, handrail extensions, under-sidewalk roof drain piping, under-sidewalk electrical vault, emergency generator exhaust flue, pipe bollards and under-sidewalk lightning protection. The Encroachment Committee, consisting of staff from the Transportation and Public Works Department, Water Department and the Planning and Development Department, has reviewed this encroachment request and recommend City Council approval. The fee for the privilege granted by this Agreement will be $575.00. The term of the Agreement will be 30 years. The property is in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that the Planning and Development Department is responsible for the collection and deposit of funds due to the City. TO Fund/Account/Centers GG01 421232 0062000 575.00 Submitted for City Manager's Office bv: Oriainating Department Head: Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (6122) Randle Harwood (6101) David Schroeder (2239) http://apps.cfwnet.org/council�acket/mc review.asp?ID=16329&councildate=2/14/2012 9/21/2012 M&C Review ATTACHMENTS 100NCalhoun LocMap. pdf TCCCBExhibit.pdf Page 2 of 2 http://apps.cfwnet.org/council�acket/mc review.asp?ID=16329&councildate=2/14/2012 9/2U2012