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HomeMy WebLinkAboutContract 13935 CITY SECRETARY,. CONTRACT PROPERTY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That the CITY OF FORT WORTH, TEXAS (GRANTOR), for and in con- sideration of TEN AND N0 1100 DOLLARS in hand paid by the TRINITY RIVER AUTHORITY OF TEXAS (AUTHORITY), a body politic and corporate under and by virtue of the laws of the State of Texas, with its principal office at 5300 South Collins, Arlington, Tarrant County, Texas 76018, the receipt of which by Grantor zs hereby acknowledged, does by these presents GRANT unto Authority the right to Jay, construct, install, maintain, operate, repair, inspect, replace, add and/or remove certain seater lines with all incidental equipment and appurtenances in, ors, over, through, under and across certain prop- erty owned or controlled by Craj1toa- in Tarrant. County, Texas, together with the right of reasonable and egress across said property, as depicted iris Exhibit "A" (Pages 1 through 12) and Exhibit "B" (pages 1 and 2) attached hereto and made a part hereof. �i This Property [Lse Agreement, is n(ce3sita;-.ed by the Tarrant County Water Supply System, Transmiaf�ion @,xtension to Fart Worth 36" f Main on Bedford-Arlington. Road Project (TRANSMISSION EXTENSION), and the Supply Connection to Fort Worth 2411 mz.i.n on piosier Valley Road r Project (SUPPLY CONNECTION), to ae constructed, operated and main- tained by the Authority for a public purpose, f z The Transmission Extension water line shall. },>, la: at( within .k t C.ranto: aszment granted to Grantor by virtue '-ji= ti)a.t. i.nstraamorit e � dated Febr,-ary 1,, 1980, and recorded in Va3.u�ca 64i2, Page 21'12, Deed Records, Tarrant County, Texas, to wh ch z notrumen r •f<•.a'eni:r. �,`{` rr t is made for all purposes, and within Grant.c"r's fee-owned propei•t:.", which has been designated as Trinity, £sc;ulevac,d (a) ry call ed Yortheast Industrial Thoroughfare) as g.ranLed to Gr ai-itor b,,r v rr.ue {{ _ a of ti]USP_ 1nRtl'lLllP.nt:..S dated IJPCCTtbE?T' 1, 196(;, ,3nt:+ 1 c`.,`_'ue.ry �. ,i, 7.4r•er, TR> it. k: . s3 k. AR Y H i and recorded in Volume 4340, Page 553, and Volume 4182, Page 581 ("First Tract"), Deed Records, Tarrant County, Texas, respact._vely, and within Grantor's street rights-of-way which have been designated as Bedford-Arlington Road and Raider Drive and depicted as Grantor's property on Exhibit "A", which is incorporated herein for all pur- poses. The Supply Connection water line shall be located within Grantor's fee-owned property which ban been designated as Trinity Boulevard (also Galled Northeast Industrial Thoroughfare), as granted to Grantor by virtue of those instruments dated February 10, 1966, and February 23, 1966, and recorded in Volume 41.82, page 581 ("Second Tract"), and Volume 4182, Page $79, Deed Records, Tarrant County, Texas, respectively, as well as within Grantor's Mosier Valley Road right-6f-way, and depicted as Grantor's property or. Exhibit "rs", which is incorporated herein for all purposes. There is included in this Grant the rights to use crrtain property owned or controlled by Grantor as temporary work arena. Said property is depicted in Ex-nicit "A" and Exhibit "B" and are sum- marized as £ollc 1. Volume 6912, Page 2172, Deed Records, Tarrant County, Texas 2. Volume 4132, Page 526, Deed Records, Tarrant County, Texaa Y. 3. Volume 4340, Page 553, Deed Records, Tarrant County, Texas �. 4. Volume 4182, Pa �: 581 Tarrant 9 ("First Tract"), Deed Rerorda, = arrant County, Texas : 5. Volume 4132, Page 581 ("Second 1':cac , Deed Records, , Tarrant County, Teas Er a >> Ei. Volume 4116, Page 145, Deed Records, Tarrant. Goitnty, Texas 7. Volume 4182, Page 579, Dee:: RecordG, Tarrant County, Texas The privilege to use said temporary work shail expire upon f completion of construction and acceptance of said water lines. s� Grantor acknowledges that the consideration paid by Author-it is full and final payment for the rights granted herein. All construction, maintenance and operation in ;:nrnectio% with the Authority's water lines s}rall be pFrr'forrnj j _; i. _c cor7pl zance Haz G � 1 C ' 4 with the Charter, Ordinances and Codes of the City of Fort Worth and in accordance �,Fith the directions of- the -)irector of Transportation and Public Works of said Grantor, or his duly authorized representa- tive. All plans and specifications therefur shall be subject to the prior writteih approval of the Grantor, but such approval shall not relieve Authority of responsibility and liability for concept, de- sign and computation in the preparation of such plans and specifica- tions. Upon corchpletion of construction and thereafter, there shall be no encroachments in, under, on or above the surface area involved, except as shown on Exhibit "A" and Exhibit "d". Authority, at no expense to the Grantor, shall make proper pro- vision for the relocation and/or installation of any existing or R future utilities affected by such u.se and occupancy, including the securing of approval and consent from tl)e utility companies an th e appropriate agencies of the State and its Political subdivisions. in the event any installation, a:ei,hstallatlon, relocation or repair: of any existing or future utility or improvements owned or constructed , by or on behalf of the citizens of the City of Font Worth is made more costly by virtue of the construction, maintenance or exf >tence of Authority's water lines and appurtenances, Authority shall pay to a the Grantor an additional amount equal to sorb additional cost ae deter;nined by the Director of Transpcsrtation and public Works of the N City of Fort Worth, or his duly authorized representative. a It is further understood and agreed betwc-an the parties i�ereta kin that the Grantor's streets and sidewalks, it c::t u?i ing ti,- par,tiors of ' F such streets and sidewalks tc be used herein are hel rJy e.hes G,arhtor as trustee for the public; that the Gran*.or exe,-.ci F:s such powers ov-r the streets as have been delegai::�!ci to it by the C'onst<.tuti�.,n of the State of Texas or by c LegisleLurer and that. the Grantor can- not contract away its duty and cs legislative power- to conr.y:, i the ad streets for the use and benefit of the l.i:;.,ic. t is t�^.rvrd ugly f' agreed that, if the governing body of the Grantor, Lo wit-, iLs City Council, should at any time during; the term hereof determine in its sole discretion to use or cause or permit the said portions of the streets to be used for any other public peirpose, including but not being limited to underground, surface or overhead communication, drainage, sanitary sewerage, transmission of natural gas or elec- tricity, or any other public purpose whether presently contemplated or not, then City may make such use of said streets. Authority understands and agrees that the granting of any right hereunder is not meant to convey to Authority any right to use or occupy property in which a third party may have an interest, and Authority agrees that it will obtain all necessary permission before occupying such property. Authority agrees to comply fully with all applicable federal, stare and local !awe, statutes, ordinances, codes or regula.--i,ona in h the construction, operat._.,x_ aria maintenance of said t connection with r� �, � ;•�- uses. Authority agrees to .pay promptly when due all applicable fees, taxes or rentals required by any i&deral, state or local stat.ttte, s law or regulation. Authority 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, �ervant oe employee of the _ wks Grantor; that Authority shall have exclusive control of and the wyy exclusive right to control. the details Uy its operati 9 ana, and all �- persons performing same, and shall be solely responsible for thn yk; acts and omissions of its officers, agent- servants, employees, x oaf sy�r k contractors, subcontractors, licensees- and r,viteaa; that :he: ! ,? doctrine of response t superior ehall no . ;apply as between I avatar and Authority, its offic-�rs, agents, servants, employees, aonizac.• fors and subcontractors, and nothincf hEr.ein :-hall be rc n,,3tru,ed as creating a partnerate:_p ar joint en_er}�ri.rac `^ aEn Gz°aaat.o* ;rc_i Authority, rtt �i _a_ Authority covenants and agrees to assume all responsibility and liability for any and a',.l claims Gr suits for property damage or loss and/or personal injury, including death, to any and all per- sons, of whatsoever kind or character, wheJ%er real or asserted, aria4.ng out of or in connection wits, 2ii actly or i.,kdirectly, the ccnstruction, maintenance, occupancy, rise, existence or location of said 4.mprovements and uses granter hereunder. Authority shall like- wise assume all liability and responsibility fear any and all injury or darr:.age to Grantor's property, az,ising ; out of or in connection with any and all acts or omissions o:' Authority, ite officers, agents, servant:^, employeen, cont"ra:c:Lora, subcontractors, licenaeee or invitazs. Authority may trim and cut down such trees and fahrubbery as are I rea:gunably necessary for the construction, repair, replacement, maintenance and removal of said lines. ti Authority shall ale-an ups and remo—a all treeh and debris and repair an@ replace fences or aii�„er damageg caused by acid conatruc-- { tion. Authority agrees to restore all exi::,ting reads ` and streets disturbed by the construction to their original or better condition upon completion and acceptance of maid liees. H rtx Authority agrees to restore all existing or future roads and , streets disturbed by the maintenance, Ulceration, repair, inspection, replacement, addition or re-moval of its avatar lines to the-Ar oric�-- .> e;,rti inal or better condition. ;F It is anticipated that Grantor wjll construct water lines, of sewer lines, ana any other lir-:es r.eceskaar.y or �� ,:.venie:�t. 'ro Grantor: as well as connt•ruct a new street to lie known as Trinity Boulavard (also called Northeast Industrial 'ahorola,_htarO . it it) agieecl that,. in the event the Authority's water 1. :: a int,er<cy:P with the ou- � struction, location, operation, mainLenanc<, or repair o,: haj6 l.li:a y� :t ME10 i or lines and streets of Grantor, there Authority shall move or eracage ` its water lines so as to eliminate auch interference and shall pay all costs for same. This agreement Shall c0ati.nue ufltil the use of the water lines is permanently abandoned, in which event said agreement and per is- � lion granted hereunder, shall cease and terw- jnate. The privileges granter,, herein are +Wade± *.-sithout any warranties, e.ithes express or implied, This agreement Shall be binding upon the ,parties hereto, their successors and assigns. EXECUTED this �� day of �, 19 CITY OF FORT WORTH TRINITY I? .VER AU'T.TO T r' By: L`avi A. 117ory Assistant City NJa0a�i0r ' ATTEST: ATTEST: v city Sec ary Authority APPROVED AS TO FORM. AND LEGALITY: 4s'5t,Qity Attorney l �E Date: 7" i c c �i E�. W ` K r' is 1k STATE OF 'TEXAS COUNTY OF TARRANT BEF,!j ME, the undersigned authority, on this day personally appeared Q� .'+� , known to me to be the person whose name is subscribed to the £aregoing instrument, and acknowl- edged to me that he e.cecuted the same as the act and deed of the 3 `= City of Fort Worth, Texas, a municipal corporation, for the purposes and consideration stated therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this, the day of AD. 19qj � \ otary Public in and far the State of Texas My Commission Expires: :1Z7 STATE OF TEXAS +� COUNTY OF `ARRANT y BEFORE ME, the undersigned authority, on this day personally r appeared i - known to me to be the er sa« + c6 _ 4 a _ ,chose name is eubseribed to the foregoing instrument, and acknowl- edged to ine that he/she executed the same as the acct and deed of the Trinity River Authority for the purp ,sen and ;:on.>iderati.on stated �F therein. GIVEN UNDER MY HAND AND SEAL OF Cif %',:1„ ou this, the of A.13. 19 i ffyy r c�'c�jaLy Put,,+,'ic In and/for- the St-*r. or T--:xas M.; �i 04y o,f Fort Worth, ' aces Mayor or and Council CoMrri,meat ion DATE REFERENCE SUBJECT: Trinity River Water Sale and r"ac NUMBER Emergency Supply Connection 1 8/7/84 C-8522 I of- d ac grraund The Trini►:y River Authority of Texas is in an expansion phase of its Water TreacmPnt Plant located on Mosier Valley Road at House Anderson Road. As the plant is in the construction phase, TRA has requested to purchase water from the City of Fort Worth on a temporary basis. The amount of water is to be not more than 540D and not less than an average of 2MGD for the remainder of 1984 and 1985. It is also proposed that a connection be made between the TRA plant and a Port Worth Water Line in Mosier Valley Roads to provide future emergency water for Fort Worth as well as to TRA. These connections will be built by TRA, ' at no cost to the City of Fort Worth. Rates The for the water supplied to TRA would be the game as other customer cities with the provision that the rate would not be .lose than the rate charged the City of Fort Worth customers plus 10%. Restrictions TRA would be subject to the same conditions for restrictions of seater use a s would apply to similar customers in Fort Worth should such action become necea- sary. Life of Contract The terms of the contract are 2 years for water sates and 10 years for emer- gency supplies. Recommendations It is recoamended that the City Council; 1. Authorize the City Manager to execute the contract under which water ser- vice will be provided to the Trinity River Authority of Texas for two years, and; 2, Authorize the connection for providing water both to TRA and from TRA .far future emergency conditions; 3. Authorize the City Manager to execute the Joint Use Agreement with The Trinity River Authority for a transmission extension to the Fort Worth 24' water main on Mosier Valley Road and a transmission extension to the 36 water main on Bedford-Arlington Road. Dl:pmcc IT ITT D FOR DISPOSITION DT COUNCIL: � PROGESSEW 8q C i rWFICF 8 APPROVED ORIGINAIING ' QT1'+£R UGbCRl6f DEPARTMENT HEAD E{.i Chard Sawey FOR ADDIFIONAL INFOPMATION 4^ CONTACT. Richard Sdwe4 Ext. e2aa ...,.. ...