HomeMy WebLinkAboutContract 44669 CffY SEMARY ",
ENCROACHMENT AGREEMENT C
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 zed Planning and Development Department Director, hereinafter referred
to as the "City", and Broadway..,,,, tlst Church, act,i'ng herein by and through its duly
authorized Beasts "fait-tie Peterson Compton, hereinafter referred to as
"Grantee", Owner of the property locat ed at 305 W Broad Fort Worth.- a
76,10 " "ro lert " .
1.
For and in consideration of the payment, by Grantee of the fee set out
below and the tare, and faithful performance of the mutual covenants herein
contained, City herehl r grants to Grantee permissio to construct/ install and/or
allow to remain, Improvement(s) ("Improvement") that encroaches upon, uses
an di/or occupies portions of the space under, on and/or above the streets, alleys,
sidewalks, and other public rights-of-way, such I mpr ver nent s ar e described as
follows:
�
RECORD OFFICIAL
CITY SECRETTAARKYT
RECEIVED 6 WORTH TX
raFT*ww w
sidewalks and other public rights-of-way, such Improvement(s) are described as
follows'..
Customer trench for electrical service conduit
The location and description of said Improvement and the encroachment is more
particul arly described in Exhibit "A", attached hereto, incorporated herein and
made a part hereof for all purposes.
2.
All construction, maintenance and operation in conneiction 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 Diirectoir 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.
2
3.
on 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 he rein above referred to, E,xhiblit, "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 '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 xis tence 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
3
damage o�r 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 encroach tints, 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 Seventy Five collars ($275.0!0).
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 term i nation 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 pubilic 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 Grantee that if this Agreement terminates and
Giran�itee falls to remove the Improvement, O,wner 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 I mprovelment.,
4
9.
It is further understood and agreed upon between the parties hereto that
the public rights-of-way, allleys, sidewalks ("public right-of-way") to be used and
encroached upon as described herein, alre, held' by City as trustee for the public;
that City exercises such powers over the public right-olf 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 riight-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 plermlit the right of way to be
used for any other public purpose, including but not being limited to under grolund,
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 permiss,ion before occupying such property.
5
1 1.
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 statuite, 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 its operations,
and all persons performing same, and shall be solely responsible for the acts and
olmissioins of its officers, agents, servants, employees, contractors,
subcontractors, licensees and in�vitees. The doctrine of respondeat superior shall
not appily as between City and Grantee) its officers, agents, servants, employees,
contractors and subcontractors,1 and nothing herein shall be construed as
creating a partnership or joint enterprise between City end Grantee.,
14.
GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
6
OFFICERS, AGENT'S, 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 ING OUT OIL OR IN CONNECTION WITH, 'DIRECTLY OR
INDIRECTLY, THE, CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE,
EXISTENCE OR LOCATION OF SAID IMPROVEMENT AN
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY ALLEGED,EGE NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES,S, CONTRACTORS,
SUBCONTRACTORS, LICENSEES OR INVITEES Off' THE, CI AND
GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSU E ALL
LIABILITY I AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY
AND ALL INJURY OR DAMAGE,C TO CITY PROPERTY_ ARISING OUT OF OR
IN CONNECTION ITH ANY AND ALLACTS OR OMISSIONS OF GRA TEEy
ITS OFFICERS, AG ENTSy SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES,, INVITEES,S, R TRESPASSERS.
15
'while this Agreement is in effect, Grantee agrees to furnish City with a
Certificate of Insurance, naming City s 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 rid occupancy of public property as located and
7
described in Exhibit "A"'. The amounts of such insurance shall be not less than
the following�.-
$1,000,0010 Commercial General Liliability
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, attached as
Exhibit "B". Grantee agrees to submit a similar Certificate of Insurance annually
to City on the anniversary date of'the execution of'th�is, Agreement.
Grantee agrrees, binds and obligates itself, its successors and assigns, to
maintain and keep in force such public liabi'lity 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 Grantee's contractors.
16.
Grantee agreesto 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.
8
I n any action brought by the City for the enforcement of the obligations of
Grantee, City sh,al:l, 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 d,uties, under this contract without the prior written approval of-the
City Manager or design e,. 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 Ag�reemen,t shall, be binding upon the pad:ies hereto, their successors
and assigns.
9
EXECUTED this day of 720, 13
City Grantee (Business Na e)
City o Wofth
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owl
B
Ran le Harwoo Name,:
DIirector Title: Y"Z1+1 ,"'V`L4
Planning and Development j
Appro ed As To For nd Legality
STIA
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hr S ity Secretary Assistant City Attorney
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FIFFF0 OF' CIAL RECORD
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CITY SECRETARY
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FT*WORTH,TX
10,
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and fir 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.
y
GIVEN, UNDER MY HAND AND ►SEAL OF OFFICE this da of'
IRMA SAE14Z Notary Pub�lic in and for the
Notary PUW State of Texas
STATE OF TEXAS
My C
OMM.EV. 2%20)]16
e"TA'
0 1 ATE OF TEXAS
COUP NTY OF TARRANT
BEFORE ME, the undersign�ed authority, a Notary Public in and for the
State of Texas, on this day personally a eared A
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 fo,r -the
purposes and consideration therein expressed, as the act and deed of
q,�� ho - I I I , and in the capacity therein
v 0AV W
stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
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NoN blic in and r he
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Notary b I
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EXHIBITA
FT-
LONE,STA-01 ' I E
DATE(N4�II�I/I I�MYY)
CERTIFICATE LIABILITY INSURANCE 613/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION L I CONFERS NO,RIGHTS U�PON THE CERTIFICATE HOLDER.T l§�"
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND, OR ALTER. THE CO'V'ERAGE AFFORDED BY THE PQLIPJ�a4 n�.1,
BELOW. THIS CERTIFICATE OF INSURANCE, DOES NOT CONSTITUTE A CONTRACT BETWEEN N ' THE ISSUING IN 'SURER(S),A UTHOkI,ZED �,,
REPRESENTATIVE OR P'ROD'UCER,AND THE CERTIFICATE HOLIER.
IMPORTANT If the certificate Molder is an ADDITIONAL INSURED,the pclicy(ies)must be endorsed. If'SUBRO ATION IS WAIVED,subject to
the terms and conditions of the polii,cy,certain policies may require an,endorsement. A Statement on this certificate does not confer rights t6 thlli.y p
certificate holder in lieu of such endorsement(s).
PRODUCER � CONTACT
NAME:
KHT Insurance PHONE �rfl�
rg 0 0y ..m - �.... �xxmwm a "' y��"pp��
aG� '"�A'W.N�/Iac�n+oIra,^�Murte'2111' �c � ,� 1 "'m3.� (1�1�c N�IC�� �r.,, ' 2�J
Fort Worth,,TX 76104 E-MAI,L
ADDRESS:
RESS
INSURER(S)AFFORDING COVERAGE NAIC
INSURER A:Acadia Insurance Company 31325
INSURED INSURER B,The Fireman's Ins.Co.of
: &H Lone Star Electric dba Lone;Star Electric INSURER c:Contin enta Il Western Ilns.CIO. 1� 4
20'08 W.5th St. INSURER D:Texas Mutual Ins.Company 22945
5
Ft.Worth,TIC 7 107
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
.m
THIS IS TO CERTIFY" THAT 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 DOC
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED ED BY TIME POLICIES DESCRIBED HEREIN IS SUBJECT TO;ALL THE TER
�M� ITT WITH RESPECT TO WHICH THIS
EXCLUSIONS AND CONDIT`IONS OF SUCH POLICIES.LIMITS�SHOWN MAY HAVE BEEN REDUCED BY PAID
CLAIMS.. .,.,. _ ...�..._�..... ..._.._ .... ....— �..�...� ..�_ . . _
'Q L I ''�F POLICY EXP
LTR TPE OF I SURANCE POLICY NUMBER _...—__.......�..�,...m..._..�� LIMITS INsR N� C P �
---�,
__....,
GENERAL LIABILITY
EACH OCCURRENCE ' 11100000100
MA
Al )�—C70M IVI ERCIAL GENERAL LIABILITY f�RF, I_ ES�E r urr r .
60
CLAIMS-MADE X OCCUR M,ED EP(Any one person)
PERSONAL&ADV`INJURY 1,000,0100
1 �
GENERAL AGGREGATE 2,+�0 �
�"L AGGREGATE LICIT m �_.� ........, _.�_ .. ..
W
APPLIES PER: 4 PRODUCTS- c COMP/OP A $ i",III 200o
PRO
PLVY 'E "__.... L "
NILE LIMIT AUTOMOBILE LIABILITY _a ... 1 100a,000 J c idenu _ .ra
B X, ANY AUTO CAA41516637-18 11/112012 11/11/2013 ALL OWNED SCHEDULED
_._.� �
BODILY INJURY(Per person)
AUTOS AUTOS (Per )
I NON-OVVNED '-PI PERTY
M
HIRED AUTOS AUTOS PER ACCIDENT ...�.._ ._
X (UMBRELLA LIAEI .,.X OCCUR � EACH OCCURRENCE $ 51000000
�... EXCESS LIA C _ LAWS- A E C A 16663 -1 11/11201 (1/1,120,1 AGGREGATE 5000,0 0
DiED RETENTION
'T ATL CThw WOR ERS COMPENSATION WC
TORY W_
ANY P OPI IETOR/I ARTN EXECUTIVE YIN TSFO!0,01123471 11/1/21112 11/1/2'111'3 E.L.EACH ACCIDENT I F�...mm 10 boo
OFFICERIMEMBER EXCLUDED? � �N/A .��. �.
(Mandatory in NH) ;..I
� + �� E.L.DISEASE-EA EMPLOYEE
describe under
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I���CRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT
Equipment Floater CP"A4,1,5663 -18 11/1/21112 11/1/21113 Limit 01684
DESCRIPTION OF tPERATICIV LOCATIONS lVEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) �
ACORD 25,Certificate of liability Insurance,is"issued as a matter of information Manly,and confers no rights upon the certificate holder_ This certificate d6osl
not amend,extend,or alter the coverage afforded by policies"".
The General Liability and Auto liability policies Include a blanket automatic additional Insured endorsement provision that provides additional Insured status
to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status.
The General Liability,Auto liability&Workers Compensation policies include a blanket automatic waiver of subrogation endorsement that pr v,ides this
SEE ATTACHED ACORD 101
I '
CERTIFICATE HOLDER CAI,CELLA►TIO
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION MATE 'THEREOF, NOTICE WILL BE DELIVERED,EV IN
ACCORDANCE WITH TIME POLICY PROVISIONS.
City of Fort Worth
Planning&Development Department AUTHORCED REPRESENTATIVE.�. .�.....,..m�...._� _ ..�..�._..... ..,�.
D'e'velopment Projects Coordinator
311 W.101thl'Street
,Fart Worth T?7§.102
1988 2.11111 A CORD 1:C RPORAT,10, I, All rights reservtd. M,,;
ACORD (201 0/05) The ACORD name and logo are registered marks of A C01RD
ray.
AGENCY CUSTOMER ID: LONESTA-01 JUNE-
LOC
AC"RO"' Page 1 of 1
ADDITIONAL REMARKS SCHEDULE
AGENCY NAMED INSURED
S&H Lone Star Electric dba Lone Star Electric
KH,T Insurance
F- - -----
POLICY NUMBER
Ft.Worth,TX 76107
SEEPAGE1
CARRIER NAIC CODE
SEE PAGE I SEE P 1 EFFECTIVE DATE*SEEPAGE '
ADDITIONAL REMARKS _w ..fl
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 26. FORM TITLE: Certificate of Liabilit Insurance
Description of Operations/Locations,Nelhicie�ss,
feature only when there is a written contract between the named insured and the certificate holder that requires it.
RE: ROW Encroachment Agreement-3015 W Broadway
Certificate Holder is included as an additional insured with respect to,the general li�ability and auto liability as per written contract.
Includes Waf ver of Subrogation,with respect to the general liability, auto l'iability and workers compensation as per written contract.
ACO,RD,101 (200,8101) (D 2008 ACIORD,CORPORATION. All rights reserved.
The ACCORD name and logo are registered marks of AC ORD