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HomeMy WebLinkAboutContract 41261I_.NCROACHMENi AGRFEMENT COUNTY OF iARRANT § CITY SECRETAR\° CONTRACT NO, 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 Southwestern Baptist Theological Seminary, P.O. Box 22480, Fort Worth, TX 76122, acting herein by and through its duly authorized \/ice President for Business Administration, hereinafter referred t© as "Grantee", Owner of the property located at 2001 West Seminary Drive ("Property"). WITNI_,SSE T ._: 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 streets, alleys, sidewalks and other public rights -of -way, such Improvement(s) are described as follows: Street location: to install 2- 12" Dia. C-900 PVC pipe for chilled water; 1- 4" Dia. I'VC gas; 4-3" DIA. PVC spares for future utilities. These pipes will run in a north -south direction(under and aross) the right of way of the 1800 block of Spurgeon Avenue and street Iocation:To install 2-8" Dia. C-900 PVC pipe for chilled water; 1-6" C-900 PVC for fire service, 1-4" PVC domestic watetr14__ CPVCgas; 3-3" DIA. PVC for communication; 2-2" OD DIA. PVC spared TtiitiCRETARIf utilities; 2-4" DIA. PVC spares for future utilities; 2-3" DIA. Ft WORTH, `i �e: PVC SPARES FOR FUTURE UTILITIES, . THESE PIPES WILL RUN IN AN EAST - WEST DIRECTION (UNDER AND ACROSS) THE RIGHT OF WAY OF THE 4600 BLOCK OF STANLEY AVENUE , (SEE EXHIBITS "A 1,A-3" & "C"); The location and description of said Improvement is more particularly described in Exhibit "A-1, A-3", 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 specifications. 3. Upon completion of construction and installation of said Improvement 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 in Exhibit "A-1, A-3". 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 2 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 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 Seventy Five Dollars ($575.00). 7. The initial 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 in accordance with then existing City specifications. It is understood and agreed to by 3 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. 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 public; that City exercises such powers over the public nght-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. 4 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 it 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 respondent 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 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 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 ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND 5 RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL 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. With this Agreement in effect, Grantee agreesto 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 public property as located and described in Exhibit "A-1,A-3". The amounts of such insurance shall be not less than the following: $1,000,000 General Liability 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 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 Exhibit "B'. Grantee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution 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 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 of 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. After being 6 recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas. 17. In any action brought by 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 this contract without the proper written approval of City Manager or designee. Any attempted assignment without prior written approval will be void. 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. 7 EXECUTE© this City City of Fort Worth day of Aia,r0A By: de74-sist;•••4 Cots Fernando Costa, Assistant City Manager ATTEST: City Sacr Contract Author I ?JAI: 1 oP. Date aS k leo • nee" g Grantee By: Name: W*(9iii (C1-1/2 I , 20 to . Title: V,R7 i me.s.sA_Jfri,',4,s4c•frA'brci Approved As To Form And Legality :0-et4 431.. ssistanr City Attorney °°0(1) otAs S r^ � n gi B°00004p0°° hair ‘444/1 EXAS *4‘91 -mteDat..0.t4RS>str. 8 OFFICIAL RECORD CITY SLCRETARY FT. WORTH, TX 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 namo 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /6 , 20 r inea' day of otary Public in and for the State of Texas . • w i\• yi EVONIA DANIELS MY COMMISSION EXPIRES July 10,2013 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 Kevin Ens[ 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 SOUTHWESTERN BAPTIST TdtOL OG!CAa SEMINARY , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1/74/ti-Ati , 20 • (0etcT (ta Nary Pub1i ibra din Th and for the ✓State of Texas .11%I `I►,,,,, t n Y PUB ti N• . ... ;,�. ME •ham l••e t'+```� t ASHLEY NOELL BRADFORD Notary Public, State of Texas My Commission Expires November 19, 2013 10 STUDENT CENTER - 4 • BOYCE AVE. (PRIVATE) i ESIDENT'SJ HOUSE W. SPURGEON STREET PROPOSE { { UT-IL-11-4-1 CROSSING' A w CC (n 0 0 c9 z 0 0 0 JJAR6.1AL GPS_ 2114.T 1 • rn nnr 11111I11 1 r- J, 1fl9PR PIN J �1 1 1 1U r ILL giiiiiii 1iiii�IIIT(� JJ 11 I I I I I IUIti H1L 1Ini11iiiil; I1nnlr {,11 I�IUIilliiiLi l 0 w LLI z w 1 /FEW CHRISTIAN 2 \STORE//1� r 1 4 PROPaED- UTILITY CROS�ING RILEY CENTER cf-,/ i J r I1-Iu J111111111 `—‘Otrinc I iT i • ",) 2111III(]llll: t'L-r-r2 Graham Associates,Inc. CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DRIVE, SUITE 500 ARLINGTON, TEXAS 76011 (817) 640-8535 TBPE FIRM F-1191/TBPLS FIRM: 101538-00 EXHIBIT C STREET UTILITY CROSSING 4700 BLOCK STANLEY AVENUE SEE EXHIBIT A.1-A.3 FOR DETAILS DRAWN BY: MDH DATE: 05/27/10 PROJECT NO.: 2001-1021 SHEET 1 OF 1 d- 12" C-900 PVC CHILLED WATER LINES TOP OF EXIST. PAVEMENT = ±754.87 EXIST. 24" 8" WTR EXIST. 8.0' RCP (WATER) 8' 0.5' 3' SPARES 5.0' Z PVC • • 4" GAS V PVC TYP' SECTION A -A N.T.S. Graham Associates,Inc. DRAWN BY. MDH CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DRIVE, SUITE 500 ARLINGTON, TEXAS 76011 (817) 640-8535 TBPE FIRM: F-1191/TBPLS FIRM: 101538-00 DATE: 05/27/10 EXHIBIT A-1 4" PVC SPARES STREET UTILITY CROSSING 1800 BLOCK OF SPURGEON AVENUE PROJECT NO. 2001-1021 SHEET 1 OF 3 2.0' 6.5' 2.0' TOP OF EXIST. PAVEMENT = ±752.91 MATCH EXIST. ASPHALT THICKNESS OF SURFACE AND BASE COURSE TO MINIMUM THICKNESS OF CURRENT / ,,, " 3AR C " C AJ]�[[ P -~ CM IC N STANDARD FOR STREET TYPE TYPE "B" BACKFILL OR APPROVED EQUAL TO BEAT 95% STANDARD PROCTOR DENSITY PER NCTCOG STANDARDS 4 PVC 7. :4. NV.1 DEPTH AW FULL D TH S CUT C MUNICATION SPARES - • GRANULAR BACKFILL PER STANDARDS N T OG FOR C C S S .;.,. " - ,: • WATER LINES y 4 CPV C 8" C-900 PVC CHILLED WATER LINES 6" C-900 PVC FIRE SERVICE LINE GAS SERVICE 4" PVC SPARE 4" PVC DOMESTIC WATER SERVICE SECTION B-B N.T.S. STREET 4700 EXHIBIT BLOCK UTILITY OF STANLEY A-2 CROSSING AVENUE L Graham Associates,Inc. CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DRIVE, SUITE 500 ARLINGTON, TEXAS 76011 (817) 640-8535 TBPE FIRM: F-1191/TBPLS FIRM: 101538-00 DRAWN BY: MDH DATE: 03/09/10 PROJECT NO.: 2001-1021 SHEET 2 OF 3 6.3' PROPOSED GROUND - I III 1 1 1 III ! I 1 III --L--IdPARF illI II 1 1 I III 1.1 I III { 1 I NATIVE BACKFILL OR APPROVED EQUAL TO BE AT 95% STANDARD PROCTOR DENSITY PER NCTCOG STANDARDS Y4 . ". - PVC SPARE BA ILL BACKFILL E STANDARDS PER NCTCOG TAND R S FOR S .,, •,- ;.�. =. = ••: •. WATER LINES 11 4 CPVC GAS SERVICE 8" C-900 PVC CHILLED WATER LINES 4" PVC SPARE 4" PVC 1 6" C-900 PVC DOMESTIC WATER SERVICE FIRE SERVICE LINE SECTION C-C N.T.S. EXHIBIT R.O.W. 4600 BLOCK ENCROACHMENT OF STANLEY A-3 AVENUE 1 Graham Associates,Inc. CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DRIVE, SUITE 500 ARLINGTON, TEXAS 76011 (817) 640-8535 TBPE FIRM: F-1191/TBPLS FIRM: 101538-00 DRAWN BY: MDH DATE: 05/27/10 PROJECT NO.: 2001-1021 SHEET 3 OF 3 M&C Review http://apps.cfwnet.org/council packet/mc_review.asp?ID=14176&coun... Official site of the City of Fort Worth, Texas FORT WoRTII COUNCIL ACTION: Approved on 9/28/2010 DATE: CODE: SUBJECT: 9/28/2010 REFERENCE NO.: **C-24482 LOG NAIkJIE: C PUBLIC HEARING: Authorize Execution of an Encroachment Agreement with Southwestern Baptist Theological Seminary for Chilled Water Lines, Private Gas Lines, PVC Lines for Private Fire Protection, and PVC Conduits for Telecommunication and Fiber Optic Utilities to be Bored Beneath the 1800 Block of Spurgeon Avenue and the 4600 Block of Stanley Avenue (COUNCIL DISTRICT 9) 06SWBAPTIST SEMINARY TYPE: CONSENT NO RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a standard encroachment agreement with The Southwestern Baptist Seminary for the installation of seventeen conduits and sleeves to run private telecommunications and fiber optic cables, chilled water lines, gas, and future telecommunication and fiber optic utilities to be bored beneath the Spurgeon and Stanley Avenue rights -of -way. DISCUSSION: The Southwestern Baptist Seminary has requested use of the public right-of-way for the installation of seventeen conduits and sleeves to run private telecommunications and fiber optic cables, chilled water lines, gas, and future telecommunication and fiber optic utilities to be bored beneath the Spurgeon and Stanley Avenue rights -of -way. The Encroachment Committee, consisting of staff from the Transportation and Public Works Department, Water Department and the Planning and Development Department has reviewed and approved this encroachment request. The fee for the privilege granted by this Agreement will be $575.00. The term of the Agreement will be 30 years. Exhibit "B" is a standard insurance certificate that is required of all permanent encroachment agreements. This form has been collected, but has been purposely omitted from the uploaded documents as a part of the M&C package. 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 FROM Fund/Account/Centers 1 of2 10/20/2010 12:10 PM ire ENCROACHMENT AGRI-C,MENT STATE IE OF TEXAS COUNTY OF TARRANT TY Ert ET CON'5N 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 Southwestern Baptist Theological Seminary, P.O. Box 22480, Fort Worth, TX 76122, acting herein by and through its duly authorized Vice President for Business Administration, hereinafter referred to as "Grantee", Owner of the property located at 2001 West Seminary Drive ("Property"). WITN E SS ETH: 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 streets, alleys, sidewalks and other public rights -of -way, such Improvement(s) are described as follows: Stroet location: to install 2- 12" Dia. C-900 PVC pipe for chilled water; 1- 4" Dia. PVC gas; 4-3" DIA. PVC spares for future utilities. These pipes will run in a north -south direction(under and aross) the right of way of the 1800 block of Spurgeon Avenue and street Iocation:To install 2-8" Dia. C-900 PVC pipe for chilled water; 1-6" C-900 PVC for fire service, 1-4" PVC domestic water; 1-4" CPVC gas; 3-3" DIA. PVC for communication; 2-2" DIA. PVC spares for future Il .:. tf utilities; 2-4" DIA. PVC spares for future utilities; 2-3" DIA. T. WORTH, TX 1 PVC SPARES FOR FUTURE UTILITIES, . THESE PIPES WILL RUN IN AN EAST - WEST DIRECTION (UNDER AND ACROSS) THE RIGHT OF WAY OF THE 4600 BLOCK OF STANLEY AVENUE , (SEE EXHIBITS "A 1,A-3" & "C"); The location and description of said Improvement is more particularly described in Exhibit "A-1, A-3", 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 specifications. 3. Upon completion of construction and installation of said Improvement 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 in Exhibit "A-1, A-3". 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 2 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 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 Seventy Five Dollars ($575.00). 7. The initial 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 in accordance with then existing City specifications. It is understood and agreed to by 3 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. 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 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 touse 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. 4 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 it 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 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 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 ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND 5 RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL 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. With this Agreement in effect, 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 public property as located and described in Exhibit "A-1,A-3". The amounts of such insurance shall be not less than the following: $1,000,000 General Liability 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 ofsuch requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least ten (10) days prior wntten notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "B'. Grantee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution 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 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 of 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. 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 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 this contract without the proper written approval of City Manager or designee. Any attempted assignment without prior written approval will be void. 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. 7 EXECUTED this 25 day of MaxoA , 20 i0 . City City of Fort Worth By: Fernando Costa, Assistant City Manager ATTEST: f\C\ City Secretary Contract Date ;Jae ou 0 "''ao 0 �o yam' N (� Authorization. to-1 exAste 44.-tEnna • A.> 5 -, fill a' 0oeer le Oa 000f, A? do ES 8I l Grantee B y : Name: ev;,..) Lets icy Title: UP 464_,‘• Approved As To Form And Legality Assistant City Attorney �1 Fri F P Z I l E ',, ;.... Cp:11::1 +� .S•�•fi .e! tifilisr STATE OF TEXAS § COUNTY OF TARRANT § BEFORE MF, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,20. • • afrerrivi,e2 Notary Public in and for the State of Texas _zwitgaiseetimalsatesseinismentesseinearono h.A• . $'» ' fes 0 t4 !, •,v •/�� • Y * • .. • e• t b.._ • .,• ONIA DANIELS My COMMISSION EXPIRES July 10, 2013 day of • pit! l,��-i•, p9 v FT. wokTA .); 9 • 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 Kevin Ensley 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 SOUTHWESTERN DAP `T]S T THEOLOGICAL SEMINARY , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Miteto , 20 I itty Notary Public in and for he State of Texas ASHLEY NOELL BRADFORD Notary Public, State of Texas My Commission Expires November 19, 2013 10 ryk r 644- P STUDENT CENTER BOYCE AVE. (PRIVATE) DRAWN BY: MDH 1 ESIDENT SJ HOUSE W. SPURGEON STREET kiiIIIIIII(ITl ^111111111�IIIIIr11111 Graham Associates,Inc. CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DRIVE, SUITE 500 ARLINGTON, TEXAS 76011 (817) 640-8535 TBPE FIRM F-1191/TBPLS FIRM: 101538-00 DATE: 05/27/10 PROJECT NO.: 2001-1021 SHEET 1 OF 1 w D z w RILEY CENTER Ls) JI111-IIII ffti011ticriii I I 1__ 11 I I I I �J11 EXHIBIT C STREET UTILITY CROSSING 4700 BLOCK STANLEY AVENUE SEE EXHIBIT A.1-A.9 FOR DETAILS 12" C-9 CHILLED WATE Lai TOP OF EXIST. PAVEMENT = ±754.87 R V / / �r- 00 LINES PVC EXIST. 24" 8" WTR EXIST. 8.0' RCP (WATER) 8' 0.5 3" SPARES 5.0' - z PVC • • 4„ GAS PVC TYP.• SECTION A -A Graham Associates,Inc. CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DRIVE, SUITE 500 ARLINGTON, TEXAS 76011 (817) 640-8535 TBPE FIRM: F-1191/TBPLS FIRM: 101538-00 N.T.S. DRAWN BY. MDH DATE: 05/27/10 EXHIBIT A-1 4" PVC SPARES STREET UTILITY CROSSING 1800 BLOCK OF SPURGEON AVENUE PROJECT NO. 2001-1021 SHEET 1 OF 3 2.0' 6.5' 2.0' TOP OF EXIST. PAVEMENT = ±752.91 MATCH EXIST. ASPHALT THICKNESS OF SURFACE AND BASE COURSE TO 7 MINIMUM THICKNESS OF CURRENT / .-Q " 3AR C " C A f " P C M IC STANDARD FOR STREET TYPE TYPE "B" BACKFILL OR APPROVED EQUAL TO BEAT 95% STANDARD PROCTOR DENSITY PER NCTCOG STANDARDS 4 PVC SPARES Lam: "w - i4 FV -;>✓ ; - { ,. s `'_ e.L •°t3: FULL DEPTH SAWCUT C MMUNICATION GRANULAR BACKFILL PER STANDARDS E C COG STAN RDS FOR :;.: .. -:. •= 5:', WATER LINES . 4 CPVC 8" C-900 PVC CHILLED WATER LINES 6" C-900 PVC FIRE SERVICE LINE GAS SERVICE 4" PVC SPARE 4" PVC DOMESTIC WATER SERVICE SECTION B-B N.T.S. STREET 4700 EXHIBIT BLOCK UTILITY OF STANLEY A-2 CROSSING AVENUE L Graham Associates,lnc. CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DRIVE, SUITE 500 ARLINGTON, TEXAS 76011 (817) 640-8535 TBPE FIRM: F-1191/TBPLS FIRM:101538-00 DRAWN BY: MDH DATE: 03/09/10 PROJECT NO.: 2001-1021 SHEET 2 OF 3 6.3' PROPOSED GROUND I II __ i ID 1 1 III PARE NATIVE BACKFILL OR APPROVED —_ EQUAL TO BE AT 95% STANDARD PROCTOR DENSITY PER NCTCOG STANDARDS - `.` PVC -ARE ;�� V is ,,PVC SPARE R B CKFILL GRANULAR BACKFILL PER NCTCOG STANDARDS FOR 5" ;.•. : =0 '0 •.::;:' WATER LINES 4 CPVC GAS SERVICE 8" C-900 PVC CHILLED WATER LINES 4" PVC SPARE 4" PVC 6" C-900 PVC DOMESTIC WATER SERVICE FIRE SERVICE LINE SECTION C-C N.T.S. EXHIBIT R.O.W. 4600 BLOCK ENCROACHMENT OF STANLEY A-3 AVENUE L Graham Associates, Inc. CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DRIVE, SUITE 50o ARLINGTON, TEXAS 76011 (817) 640-8535 TBPE FIRM: F-1191/TBPLS FIRM:101538-00 DRAWN BY: MDH DATE: 05/27/10 PROJECT NO.: 2001-1021 SHEET 3 OF 3 ACOR®® Se))1, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/8/2010 PRODUCER (972)223-1700 FAX: (972)223-8298 Insurance One Agency, L.C. 712 N Hampton Rd, Suite 180 P.O. Box 649 DeSoto TX 75123-0649 INSURED Southwestern Baptist Theological Seminary; PO Box 22480 Fort Worth COVERAGES TX 76122 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NSURER A. Hanover Insurance Company INSURER B INSURER C- NAIC # 22292 INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, POLICIES. THE INSURANCE AFFORDED BY THE AGGREGATE LIMITS SHOWN MAY HAVE POLICIES BEEN DESCRIBED HEREIN 1S SUBJECT REDUCED BY PAID CLAIMS. TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH INSR ADD'L POLICY POLICY EFFECTIVE POLICY EXPIRATION LTR [NERD TYPE OF INSURANCE NUMBER DATE (M 'Wee& DATE(MM/DD/YYYY1 LIMITS GENERALIJABIUTY EACH OCCURRENCE $ 1, 000, 000 X COMMERCIAL GENERAL LIABILITY DAMAGE PREMISES (EaEo c occurrence) $ 1, 000 000 , A CLAIMS MADE X OCCURLLD7140900 2/5/2010 2/5/2011 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1, 000, 000 GENERAL AGGREGATE $ 3,000,000 GENT. AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 3,000,000 X POLICY I n LOC AUTOMOBILE LABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Peracddent) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC S OTHER THAN AUTO ONLY: AGG $ EXCESS/ UMBRELLA LIABILITY EACH OCCURRENCE $ 1 OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY WC STATU- TQY_LIMIT.S IOTH- Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFRCER/MEMBER EXCLUDED? EL EACH ACCIDENT $ (Mandatory In NH) S EL DISEASE - EA EMPLOYE $ SPECIAL yEC PROVISIONS below AL PRO PROVISIONS EL DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES! EXCLUSIONS ADDEO BY ENDORSEMENT 1 SPECIAL PROVISIONS CANCELLATION City of Fort Worth Dept. of Development 1000 Throckmorton Fort Worth, TX 76102 ACORD 25 (2009101) INS025 mom ) SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 VMS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED R 20D9 AC D VOR EATJON. All rights reserved. The ACORD name and logo are registered rks of ACORD. et MARY LOUISE GARCIA COUNTY CLERK 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1195 FTW CITY SECRETARY 1000 THROCKMORTON STREET FTW, TX 76102 Submitter: CITY OF FORT WORTH/DEVELOPMENT & PLANNING DO NOT DESTROY WARNING -THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 1/7/2011 11:05 AM Instrument #: D211005329 A 16 PGS $72 00 J - 7( •` , s. ;et i 4 _-may-- i ,f c_ ,�tt t .c. i-c T `_ M G _ By: D211005329 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Prepared by: DBWARD