Loading...
HomeMy WebLinkAboutContract 44619 CITY K cx)*�Mk qtl IWO 1-9 ,111111- (;IOU ENCR. AC M ENT AGRE EM E N T STATE OF TEXAS COUNTY OF TARRANT THIS AGREE ENT' is ma,del and entered into by and between the City of Pert Worth, a municilp 1 corporation of Tarrant County, Texas, acting herein by and through its dully 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, MVP THR Development hereinafter referred to as "Grantee"', Owner of the property located at 3`0I Pennsylvania Ave. l �t f girth, TX 76104. WITNESSETll 1. Per and In consideration of the payment by Grantee of the fee set out below and 'the true arid, faithful performance of the mutual, covenants herein contained,, City hereby greats to Grantee permission to construct/ install and/or allow to rlemainl Im re ernent s 1`Improvement") that encroaches upon, uses and/or occupies portions of the space under, on,, and/or above the streets alleys,. idewelks and ether public rights-of—way, such In re ernent s are described as follows-. OFFICIAL ItECORD CITY$24RUARY FICIAL - I]D JLIIF*CC ry 11 14B A ( F Ir it To WORT"i TX RECEIVED J Pedestrian Bridge over Terrell connecting,, the Emergency Department and the Main Hospital campus. The location and' description of said Improvement and the encroachment is more particularly described, in Exhibit "A", attached' 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 representativel, but such approval, shall not relieve Grantee of responsibility and liability for concept, design and computation in preparation of such plaps and specifications. 01 13. 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. 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 tuture utility or improvements owned byl 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 play to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works of the City, or hii ► duly authorized representative. 5. City may enter and utilize the referenced areas, at any time for the purpose of installing or maintaining improvements necessary foir 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 3 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, iris plection or management of the enicr chments end 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. 8. 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 ire 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. 4 9. 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 pubilic, that City exercises such powers over the public right-of way as have been delegated to it by -the Constitution of the State of'T'exas 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 pu,bl,i,c. 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 limilted 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. 110. 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. 5 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 the is 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 ail rights and Priviieges 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 6 OFFICERS, AGENTS, SERVANTS TS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS S R SLITS FOR PROPERTY DAMAGE, R LOSS AHD/OFD PERSONAL IH L� Y, IN�CLLI ,INIG DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER READ OR ASSERTED,, w► I IHG OUT OF OR IN CONNECTION NI ITH, DIRECTLY Y R. I NI I ECTLYy THE CONSTRUCTION, MAI N NANI E, OCCUPANCY, USE, EXISTENCE OR LOCATION F SAID IMPROVEMENT AND ENCROACHMENT'' AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN, PARS', BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,, SERVANTS,ANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; AND GRANTEE HEREBY AM"5SLIMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS S OR SLITS, GRANTEE SHALL. LIKEWISE ASSUME N E ALL LIABILITY AND, RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROP RTY ARISING OUT OF OR IN CONNECTION N ITH AN Y r NID, ALL ACTS OR OMISSIONS F' GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, ONlTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 5. While this Agreement is in effect, Grantee agrees -to furnish City with a Certificate of Insurance, naming City as certificate Folder, as proof that it has secured and paid for a policy Of public liability insurance covering ering Il public risks related to the proposed use and occupancy of . ublic property as located and 7 described in Exhibit "'A". The amounts of such insurance shall be not less than the following. $1,000,000 Commercial General Liabill1tv 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 amounts immediately following notice to Grantee of such requirement. Such insurance policy ,shall provide that it cannot be canceled oir amended without at least ten (1 O') days prior written notice to the Buil!ding 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 City on the aniniveirsari. date of tht-V exeCutioln of this Agreement. 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 I 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 Grantee 11 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., After being recorded, the original shall, be returned to the City Secretary of the City of Fort Worth, Texas, 07. 8 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. 18. Grantee covenants and agrees, that it will not assign all or any of its rights, privileges or duties under trails contract without the prior written appiroval of the City Manager or designee. Any attempted, assignment without prior written approval will be void. N . THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF' THIS AGREEMENT. This Algrelernent sh:al,l be binding upon the parties hereto,, their s,uicce,ssioirs, and assigns. 9 EXECUTED this )4- '-day of City Grantee City of Fort Worth Texas Health Resources By: By: Ran Harwood Brian Holmes Director SVP THR Development Planning and Development ATTEST,: Approved As To Form And Legality City Secreo F 5!4 4je nior Assistant City, Attorney t %(s 0 Oj oQOO.�� 0010000 �v�oua wk OFFICIAI-R�,ARY C11'Y SECR '10 For.WORTH,SX STATE OF TEXAS § COUNTY OF TARAN T' § BEFORE ME, the und,ersicined authority, a Nota,ry Public in and for the State of Teas,1 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 M I Y TD AND SEAL OF OFFICE this day of 20] ORA F. FORE AN CA,SSAN 11c,State of TexOS NOW(V PL11D Expres my Commission il e April 26, 2017 Notary Public in and for t State of'Texas STATE, OF TEXAS § COUNTY OF TARRANT § BEFORE, ME,, the undersigned authority, a Notary Public. in and for the State of Texas, on this day persona,lly appeared, /J/r/ez 11 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' ea Ilk" ut_e, and in the caplacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2� day of 20 13 XVv� Notary P�L61ic in and for the State of Texas CHERYL AME0180 MY cony"W",Exok 0"Wifter"is 20115 -WW 12 NOISNVdX3 iN3Ni�WdM AON3083Vq3 Hi8OM 18O�2 0 W lu lell!idslOIH ISIP014M'SIJ�J,eH 2 mw w p 4;il�iez)H Se'XaJL 1 7 UK aW ro d� CA 1� #Oly ol ww �II ----------- Ibi M� P6 of �7 7 777 1 7 1,777, I � I .p �l � II .„Cj ol lz f :OTc+-4 JRI t w I EC CRIE LECTRIC" PRA�LT p ANC Wp LKK ------------------ NOW lox.*« V- 4 11 Vol AlL lot rjap M� Y M rw..wwww�� �r w � iµ Vw � a� ''� i �.w�rwypy.'w'wwnw.w.�uw'ww�.wrwb wnvxwyiwwwe rmn n Wr a I x Mu + M M. w a M ti M N� �x M a pMw w Po n e r M x 39.64 µ "k 1 r, i � � www.wwww.,w *e ro mn w� .r. +w� r r m>,. ■ 13 VY 9 100 z Ix all UJ AU � �4i CL Z U 0 Hj w 0 0 .Mal 7 1 -HEMS iL 1, ILI .9-SZ We w VO ir No i uj 11Z - 41 Ida MI IT pp cEwnr,ICA111''E. OF INSUIZANCE This C01-fificate is, rx as a matter a i nfo rn),a ti"on only and conl'ers no rights ol)on the cortiflicato holder. "I"his certificate cures not amend,extend oi—aller the covet-age at"I"Orded by the policies below. ' 0 illated non-prol'it facilities 'Fexas Health Resources o"i-IR) including,all MY INSURED, 612 East Laniar 131vd, Suite 1100 Arlinglon, 'I`X 76011 P: 682­236­6451 F- 682-236-7208 1NUIZE31S AFFORDIN(I't, COVERA(-'V'E: Company A., "Yexas, flealth Resources Self Insured'frust 501(c)(3) 0 COVEIZAGES, This is to eel-fify the policies of insurance listed below have been iSSLIed to the insures nanied above for the policy period indicated, notwith stand)ng ally re�(Iuirejllejit� terill or condition of any comract or othcr document with i-cspect to which this certificate niay be issued or i)lay pertain, the insurance afforded by the policies described liet-ein is subject all ternis, exclusions and conditions ofsucli policles, limits shownniay have beenredUced by paid claillis, COW; TYPE OF 1'01'ACY# TRUS4, "TRUST 141 M I I's LTI I INSURANCE INCEPTION EA111JURNTION DAIT DATE, Li'a'bility 'I"TIR SH", 10/1/1985 Contilluous,01" FACII OCCUrrence$7,0�O0,000 (Trust) until cance(led by Gencral Aggregate$25,0010,( 0, insm-ed A Professional THR SIT 10/1/1985 Continuous 01. Each OcCUITC11ce Liability (Trust) until cmeelled by General Aggregate insured Deserl'ption of Oarati*ons/'I,ociat'lon`/.Spc,c*iaI Provi"sl"011SO Texas I'lealth lZesources, all non-profit facilities Certifflicate Milder: City of Fort, Worth L • ShoWd aq))ol'ihe tibove d(I'Scribedpolicies b,,,,,'^e emicelleel, reduced or lol)se,�;7ofi ce wi//be,AVA)ered to Me ceri�ficate holder within 30, (/Qys. . Certificate 11oldei- is named as addi"tt"onal insure dl but only as reqUired by written contract and is limited to policy terms, conditions, exclusions, and limitations. AUTtIORIZE-1) SIGNAI'VIZE DATE: June 2013 C YR irect S tlanc c e3 I?r vies, 71 EXHIBIT B