HomeMy WebLinkAboutContract 44619COTY �ECR�1°�' j, 'C " C;
CONI'I'� �0.
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 Texas Health Resources, a non-profit
corporation acting herein by and through its duly authorized Brain Holmes, SVP
THR Development hereinafter referred to as "Grantee", Owner of the property
locate� ai 1301 Peiifisylvaiiia Av�. Fort Worih, TX 76104.
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 sfireets, alleys,
sidewalks and other public rights-of-way, such Improvement(s) are described as
follows:
�ECEIVED _Illl� 12 2���
0
�EFICIA!» Ft�C(�RD
�ITY l���C��'��Y
�. ilY�►�'�'�I, T�
Pedestrian Bridge over Terrell connecting the Emergency Department and the
Main Hospital campus.
The location and description of said Impr�v�ment and fihe encroachment is more
particularly described in Exhibit "A", a�tae�ied 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
af City, oi i�is auly aut�ic�►i�ea repres�ntativ�. Ail pians and specificaiions thereof
shall be subject ta the pripr uvritten appro�a! 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
ar�� of the stre�ts, alleys, sidewalks and other public rights-of-way involved,
excep� �� described herein and shown on the hereinabove referred to Exhibit "A".
Q
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,
r�location or repair of any existing or future utifity ar improvements owi�ed i�y,
construucted 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
encroachrnent and use, Grantee shall pay to City an additional amount equal to
such additional cost as determined by th� 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 th� purpose
of installing or maintaining improvements necessary for the health, �af�ty and
welfare of the public or for any other public purpas�. In this regard, Grant�e
understands anci agrees �h�t Ci�y shall bear no resp�nsibility or li��ili�y �or
3
damage or disruption of improvements installed by Grantee or its successors, but
City will make reasonable efforts to minimize such damage.
��
In order �o d�fray �II costs of inspection and supervision which City has
incurred or wili incur as a r�suit af 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 and 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.
:
Upon termin�tion of this Agreement, Grantee shall, at the option of Gity
and at no expense to City, restore the public right-of-way and remove the
Improvemenfi encroaching info the public right-of-way, to a condition acceptable
to the Director of Transportation and Public Works, ar his duly authorized
representative, and in accordance with then existing City specifications. It is
understood and agreed to by Grant�e that if this Agreement terminates and
Grantee fails to remove the Improvement, Owner hereby gives City permissian to
remove the Improvement and any supporting structures and assess a lien on the
Property for the costs expended by the City to remove �uch 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 her�in, are held by City as trustee for the public;
that City exercises such powers over th� 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,
su�iae� �fi �ver'riead communication, drainage, sanitary sewerage, tran�mission
of natural pr �I�ctricity, or any other pt!blic purpose, whether presently
contemplated or not, that this Agreement shall automatically terminate.
�
Grantee understands and agrees that the granting of any encroachment
hereunder is not meant to convey to Grantee any right to us� 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 properfy.
S
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
irid�perid�r�t coniracror a� io aIi rights and privifege� granted hereunder and not
as an offic�r, agent, s�rvant or employee of Gity 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 Grant�e, it� officers, agents, servants, employees,
contractors and subcontracfiors, and nothing herein shall be construed as
creating a partnership or joint enfierprise between City and Grantee.
�
� �- � . - �
' t' � i � � i � l - x.l l!
_�. .�� , �-_ .,� � �_. . r - � - � -
.
6
OFFICERS, AGENTS, SERVANI'S AND EMPLOYEES, FROIVI AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERS�NS, OF WHATSt.��VER KIND QR �FiAR64�TER, VVHLTHER REe4L �R
A��ERTED, l�RiSING OUT OF OR IN COFIFIECTIOFi 1PilITH, DiRE�iLY �R
i�lDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE,
EXISI'ENCE OR LOCATION OF SAID IMPROVEMENI' AND
ENCROACHMENT AND IJ�E� GRANTED HEREUNDER, WHETHER OR N07
CAUSED, IN VVH9[�� OR IIV PART, BY ALLEGED NEGLIGENGE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTOR�,
SUBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; AND
��'[�OV��C 1"���CCS Y B�v.Ci���vC 6��.L �I�'�#6�E i Y r��i�3 ��C,�'�'��1`5�1"I�i.O 0���.i�
SUCH CLAIiVI� OI� S�I�S� C�At�T�F SH,QLL ! IKE1�!!!�E A��!!!!�E �LL
LIABILITY AND RESPONSIBILITY i�ND SHALI� INDEiVINIFY CIiY �OR AIVY
AND ALL INJURY OR D�4MAGE 70 CITY PROPERTY ARISING OUT OF OR
Ifd CONNECiION WI�'H �4NY ,4ND ALL ACTS OR OI�ISSIONS OF GRANTEE,
Ii5 O�'FIC�RS, AGENTS, SERVANiS, EMPLOYEES, CON7RACTORS,
SUBGONTRAC70RS, LICEI�SEES, I�lVITEES, O� TRES�ASSER�.
15.
While this Agreement is in effect, Granfiee agrees to furnish City with a
Certificate of Insurance, naming City as certificate holder, as proof that it has
secured and paid f�r � policy of public liabilit�� ir�surance covering all public ri�ks
related to the praposed use �ncE occupancy� �� �ublic pr�p�rty �� lacat�d and
�
described in Exhibit "A". The amounts of such insurance shall be not less than
the following:
�1,000,000 Commercial General Liabiliiy
with the under�tanding of and agreement by Grantee that such insurance
amounts shaii be revised upward at City's option and that Grantee shall so revise
such amounts immediately following notice to Grantee 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". Grantee agrees to submit a similar Certificate of Insurance annually
to �ity on th� anniv�rs�ry date af th� �xecutia� �f this Agreer�-�er�i.
Grantee 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 restoratian of the city streets. All insurance coverage required
herein shall include coverage of all Grantee's contractors.
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
Consent Agreement in its entirety in the deed records of Tarrant County, Texas.
A�er being recorded, the original shall be returned to th� City Secretary of the
Gity of Fort Worth, iexa�
17.
E
In any action brought by the City for the enforcement of the obligations of
Grantee, City shail be entitled to recover interest and reasonable attorney's fees.
�.
Grantee covenants and agrees that it will not assign ail �r any of its rights,
privil�ges or duties under this contract without the priar wri��en �ppraval �T the
City Manager or designee. Any attempted assignment without prior written
approval will be void.
19.
''' � ' � � � � •: � •
CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF
THIS AGREEMENT.
�
This Agreement shall be binding upon the p�rties hereto, their successors
and assigns.
�
EXECUTED this � ��day of ' , 20�-�
City
City of Fort Worth
By:
Rand Harwood
Director
Planning and Development
ATTEST:
Secre
�
Grantee
Texas Health Resources
By:
Brian Holmes
SVP THR Development
Approved As To Form And Legality
\�� U��
nior Assistant City Attorney
m
pF�ICIAL R�TRRY
CITY SECR
FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersiqned 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.
, ��
EN -UNDER MY D AND SEAL OF OFFICE this � day of
, 20��
__ _--___--_
CASSANDRA F. FOREMAN � ')�/��)
Notary Public, State of Texas /�j
My Commisslon Expires �
Aprll 26, 2oi� Notary Public in and for t e
State of Texa�
�
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 /�ri�n /�o %ry?�'S ,
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
f eXQS �1 ��7�--� �s����r��=� and in th� capacity therein
,
stated.
�GIVEN UNDER MY HAND AND SEAL OF OFFICE this � 5'� day of
ftUr� 1 , 2U l � .
��.�
�' C4l�RYL AN�ERS�N
�Aji Co�nnNrsion Expit�=
�ecember 30, 20i5
8�,� � rt'p�
��� �, ����
Notary P�( lic in and for the
State of Texas
12
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'I'his eertificate is issued as a m�lter oi' inrormation onfy ai�d caifers no ri�lus upon the cei•tilic��te holder. 'I'his certilicatc does not
amend, extend or alrer the co�rerage af'forded by d�e policies below,
INSU12rD: "I'exas I-Iealil� Resourecs ("1'I-IR), includin�; all affiliaYed non-prolit facililies
612 Tast I.,an�ar 131vd, Suiie; 1100
Arlin�;ton, 'T'X 76011
I': C$2-236-6451
Ii: 6$2-236-7208
YNUI2FY2S AFFO12llTNG COVr17A(xC:
Company A: '1'exas I-Iealtl� Resour•ces Se:li' Insured "I'��ust 501(c)(3)
CUV�12AGrS:
'I'iiis is to certify the policies of insurance listed below have bee�i issued to the insured nail�ed abave fo�• the palicy period indicated,
natwithstandin�; any r�quirement, term o�• conditiou of any conU�act or othei• docu�ncnt with respecE to which this ccrfific�te may be
issued or may periain, the insurance afforded by the policies desc��ibed herein is subject all tcrms, exclusions and conditions of such
�)QGC1G5, limits shown may have beeE� reduced by paid claims,
COVG �rv�>r or 1'OI..1CY# ,1'121JS1' '1'12US'1� .___ _ ._._.__.._._W___ � rM('1'S �...�...___._
L1'12 �Nsv�zn�vcr �Ncr��7��o�v r.xrrzr�i��rior�
un�rr vn•r�r��
/� QGeneral T.,iability '['I�lit S1'1' 10/1/1985 T Continuous ar W Fsach Ocetu�rence 9�7,OOO,U00
('1'rust) w�Cil c�ncelled by Uene,•al A�;�re�ate �25,000,000
insu�•ed
� n ��I'rofessionll Ti-IR SI"T' IO/1/1985 Canti��uous or l:;ach Occurrence � u�
L,i�bility ('ll•us�) until cancelled by tieneral nbgregate
insw•ed
llese►�i tion ot� U ex�atio�s/Loeati�n/� ecial l'r•ovisions:
"I'exas l-Iealth Resources, all non-pro�i CaciIali�s
Certificate Y�iolder:
City of l�ort Worth
Should a�?y qJ'11�e af�vve descr•Ibed policie,s be ccrncetlecl, redarec��! or la�zre; ��v�iee til�rll be de/ri�e1•ed I�� llae cc��•tiTccr�� /�o(der ir�illai�t 3�
clrrys.
" C�rti�cate I-lolde;r is nam�d as addit'ro��al insux•eci, bui only as required by writtcn cor�tract �illC� 1S I111111Cd 10
policy terms, COI1C{11:IO1lS, exclusia�is, and limitatioxas.
, _,
AUTHUItIZT;I) SiGNATUI2E :��G2 �E%Yl/ DATr: .Tune 5, 2013
lrect r^ � s r�cmce ervic�e,s, TIrIZ
EXHIBIT B