HomeMy WebLinkAboutContract 58168 Date Received: 09/30/2022 Record Number:
Time Received: 10:13 am City Secretary No.: 58168
TEMPORARY ENCROACHMENT AGREEMENT
FOR USE OF PUBLIC PROPERTY
This TEMPORARY ENCROACHMENT AGREEMENT FOR USE OF
PUBILC PROPERTY ("Agreement") is made and entered into by and between the City
of Fort Worth, a home-rule municipal corporation of the State of Texas ("City"), acting
herein by and through its duly authorized Building Official, and UG Magnolia LP, a
Texas limited partnership ("Grantee"), acting by and through its duly authorized
representative.
WITNESSETH:
1.
For and in consideration of the payment by Grantee of the charges set out below
and the true and faithful performance of mutual covenants herein contained, City hereby
grants to Grantee permission to temporarily encroach upon, use and occupy a portion of
the space under, on and/or above a public access and utility easement located on
Grantee's property located at 1066 W. Magnolia Street which ultimately connects to
Washington Avenue in the City of Fort Worth by enclosing the public access and utility
easement with construction fencing and using the public access and utility easement for
construction of a building and improvements on Grantee's property outside of the public
access and utility easement. The location and description of said encroachment is more
particularly described in Exhibit "A" attached hereto, incorporated herein and made a
part hereof for all purposes.
2.
All use and occupancy of the public access and utility easement under this
Agreement shall be in strict compliance with the Charter, Ordinances and Codes of the
City of Fort Worth and in accordance with the directions of the Building Official and the
Director of Transportation and Public Works of the City.
3.
Upon expiration of this Agreement and the privileges granted hereunder, there
shall be no encroachment by Grantee in, under, on or above the surface of the public
access, and utility easement, including, but not limited to trees, markings, curbs, gates,
fences, or any other improvements, except as otherwise approved in writing by the City
OFFICIAL RECORD
TEMPORARY ENCROACHMENT AGREEMENT
FOR USE OF PUBLIC PROPERTY CITY SECRETARY
FT. WORTH, TX
of Fort Worth. It will be a violation of this Agreement, during the term as set forth
herein, for Grantee to revise any plans that have been submitted by Grantee for a building
permit that would attempt to place improvements within the City's public access and
utility easements, including but not limited to curbs, markings, trees or access gates,
unless an easement abandonment or vacation of the City's public access and utility
easement is approved by City Counsel.
4.
Both parties agree that an encroachment fee (the "Fee") for the temporary
privilege of encroaching upon the public access and utility easement in the amount of
$2,261.25 has already been provided by Grantee. The Fee is calculated in the manner and
amount prescribed by the Building Code of the City of Fort Worth for temporary use or
occupancy of public property for the term of the Agreement. If the term of this
Agreement is extended by the parties, Grantee shall owe an additional fee to the City for
the extension period.
5.
Grantee, at no expense to the City, shall make proper provision for the relocation
and/or installation of any existing or future traffic control devises or other improvements
affected by such encroachment, use and occupancy, including the securing of approval
and consent from 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
traffic control devise or improvement owned or constructed by or on behalf of the public
or at public expense is made more costly by virtue of the existence of such encroachment
and use, Grantee shall pay to City an additional amount equal to such additional cost as
determined by the City.
6.
The term of this Agreement shall be from August 8, 2022 to October 21, 2022;
provided, however, Grantee shall have one (1) option to extend this Agreement until
April 21, 2023 ("extension period") by providing written notice and paying the additional
fee for the extension period to the City of Fort Worth which will be in an amount of
$5,487.30. Notwithstanding the foregoing, should the need for the encroachment granted
hereunder at any time cease, Grantee agrees to immediately notify City of such condition;
and, upon receipt of such notice by the Building Official of the City of Fort Worth, this
Agreement shall terminate.
7.
It is expressly understood and agreed that this Agreement is for a temporary
encroachment in, under, over and upon the public access and utility easement located and
described in Exhibit`'A". This Agreement shall not be construed as granting a permanent
TEMPORARY ENCROACHMENT AGREEMENT
FOR USE OF PUBLIC PROPERTY
easement, encroachment or license upon City's public streets, alleys, sidewalks, or other
rights-of-way, nor shall this Agreement be construed as vacating the public access and
utility easement.
S.
City, through its duly authorized representatives, shall have the full and
unrestricted right to enter upon the public access and utility easement at any time, for any
purpose, including making inspections to determine compliance with the terms,
covenants and conditions of this Agreement. In the event that any inspection should
reveal a breach of any terms, covenants or conditions herein, City shall give Grantee
notice of such breach. Should such breach not be corrected by Grantee within twenty-
four (24) hours of receipt of the notice, or within such shorter period of time as deemed
necessary by the Building Official for the protection of public health or safety, City may
terminate and cancel this Agreement.
City owns a manhole and sanitary sewer main located within the public access
and utility easement. Grantee agrees that City may enter and utilize the public access and
utility easement at any time, including for installing, repairing, replacing or maintaining
the City's public facilities or utilities located within the easement, including for
emergency repairs or situations. The City shall have no responsibility or liability for any
damages related to the encroachment resulting from the City's use of the public access
and utility easement; however, the City shall make reasonable efforts to minimize such
damage.
9.
Upon expiration or termination of this Agreement for any reason whatsoever,
Grantee shall, at no expense to City, restore the public access and utility easement 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, which
shall include repaving the public access and utility easement with concrete, and Grantee
shall remove all barricades, equipment, supplies, materials or other property from said
location. Grantee further covenants and agrees that for a period of one (1) year after the
termination of this Agreement, Grantee will repair all conditions or damages to the public
access and utility easement that has resulted from Grantee's use or occupancy of the
public access and utility easement, as determined by the Director of Transportation and
Public Works or his designee. Grantee agrees to begin such repairs within thirty (30)
days of receipt of notice from the Director of Transportation and Public Works or his
designee. All repairs shall be performed in an expeditious and workmanlike manner and
shall comply with all applicable laws, code, ordinances and City specifications.
In the event that Grantee fails to comply with the covenants herein contained with
respect to such removal or restoration, the City shall have the right to withhold all
certificates of occupancy requested by Grantee, remove or dispose of any barricades,
TEMPORARY ENCROACHMENT AGREEMENT
FOR USE OF PUBLIC PROPERTY
equipment, supplies, materials or other property and repair any conditions which in the
opinion of the City are necessary to bring the public access and utility easement to the
condition prescribed herein, and City shall not be responsible for trespass or any other
damage or liability in connection with such removal or restoration. Grantee shall
reimburse City for the cost and expense of such removal and/or repairs immediately
following billing for same by City.
Nothing herein shall be construed as a waiver by City to enforce penal sanctions
prescribed by the Code of the City of Fort Worth and the laws of the State of Texas for
Grantee's continued encroachment upon the public access and utility easement following
the expiration or termination of this Agreement.
10.
If the governing body of City, to wit, its City Council, shall at any time during the
term hereof determine in its sole discretion to use or cause or permit to be used for any
public purpose the said encroached portion of the public access and utility easement, then
this Agreement shall be automatically cancelled and terminated.
II.
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 encroachments 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 exercise all rights and privileges
granted hereunder as an independent contractor, and not as an officer, agent, servant or
employee of City; that Grantee shall have exclusive control of and the exclusive right to
control the details of its operations and activities on said described public property 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;
that 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
TEMPORARY ENCROACHMENT AGREEMENT
FOR USE OF PUBLIC PROPERTY
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 HIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE MAINTENANCE, OCCUPANCY, USE EXISTENCE OR
LOCATION OF SAID 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 CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY
AND RESPONSIBILITY OF CITY, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FOR SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE
ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY
CITY FOR ALL INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT
OF OR IN CONNECTION WITH ANY ALL ACTS OR OMISSIONS OF
GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR
TRESPASSERS.
15.
Grantee 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 the
public access and utility easement as located and described in Exhibit "A". The amounts
of such insurance shall not be less than
Property damage, per occurrence $200,000.00
Bodily injury, per person $300,000.00
Bodily injury or death, per occurrence $500,000.00
With the understanding of and agreement by Grantee that such insurance amounts
shall be revised upward at City's option and that Grantee shall so revise such amount
immediately following notice to Grantee of such requirement. Such insurance policy
shall provide that it cannot be cancelled or amended without at least thirty (30) days prior
written notice to the Building Official of the City of Fort Worth. A copy of such
Certificate of Insurance is attached hereto as Exhibit `B" and incorporated herein by
reference.
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 restoration of the public
access and utility easement. All insurance coverage required herein shall include
coverage of all Grantee's contractors.
TEMPORARY ENCROACHMENT AGREEMENT
FOR USE OF PUBLIC PROPERTY
16.
Grantee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this Agreement without prior written approval of City, and any
attempted assignment without such prior written approval shall be void.
17.
This Agreement shall be binding upon the parties hereto, their successors and
assigns.
18.
Should any action, whether real or asserted, at law or in equity, arise out of the
terms and conditions of this Agreement or out of the use and occupancy of the public
access and utility easement as permitted hereunder, venue for said action shall be in
Tarrant County, Texas.
19.
In any action brought by City for the enforcement of the obligations of Grantee,
City shall be entitled to recover interested and reasonable attorney's fees.
TEMPORARY ENCROACHMENT AGREEMENT
FOR USE OF PUBLIC PROPERTY
EXECUTED this day of , 2022_
GRANTOR: GRANTEE
City of Fort Worth UG Magnolia LP
By. By.
Allison Gray,Assistant Development -Name: Sameer Walvekar
Services Director/Building Official Title: Authorized Representative
Date: Sep 26, 2022 Date: 9/22/2022
APPROVED TO FORM AND LEGALITY:
r
Thomas R. Hansen
Assistant City Attorney
No M&C Required
Form 1295: N/A
Sep 26, 2022
Jan net[e S.Goodall(5 p 29,2022 14:31 CDT)
]anisette Goodall
City Secretary
Date: Sep 29, 2022
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
.t Ah-ri'&oN,6hA4�0"6
Malt Tilly on beha of(Sep 26,2022 10,3 C Ty
Janie S. Morales
Development Services
Date: Sep 26, 2022
OFFICIAL RECORD
TEMPORARY ENCROACHMENT AGREEMENT CITY SECRETARY
FOR USE OF PUBLIC PROPERTY FT. WORTH, TX
***THIS PAGE FOR CITY OF FORT1 ' OFFICE USE 1
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 Allison Gray, 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 the City of Fart Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 26th day of
Sepembir , 2022
Wend L. digitally signed by WendyL. ra� wENDY L BEAR05LEE
y Beardslee $ �� Notary Public
❑ate:2022.09.26 14S7:50 t * STATE OF TEXAS
Beardslee
-0540 y Notary I.D. 13323779-3
Notary Public in and for the State of Texas �OF M Comm.Exp.July 28, 2025
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
TEMPORARY ENCROACHMENT AGREEMENT
FOR USE OF PUBLIC PROPERTY
STA TE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appears Sameer Walvekar
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledge to me that he/she executed the sume for the purposes and consideration
therein express, as the act and deed of uG Magnolia LP and in the capacity
therein stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 22 day of 5eatembe'
, 2022 .
.� A P
Sameer Walvekarpu
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Afant
a
Authorized Representative
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Title
Notary Public in and for
The State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
TEMPORARY ENCROACHMENT AGREEMENT
FOR USE OF PUBLIC PROPERTY
EXHIBIT A
DEPICTION AND DESCRIPTION OF THE ENCROACHMENT
TEMPORARY ENCROACHMENT AGREEMENT
FOR USE OF PUBLIC PROPERTY
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TEMPORARY ENCROACHMENT AGREEMENT
FOR USE OF PUBLIC PROPERTY