HomeMy WebLinkAboutContract 30150 CITY SECRETARY E
NO
A09
-34 °c v D CONTRACT . 1
1-06-04A0,
ENCROACHMENT AGREEMENT
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 City Manager or duly designated Assistant City
Manager, hereinafter referred to as the "City", and Christ Chapel
Bible Church
acting herein by and through its duly authorized agent, Fred Disney,
Chairman of the CCBC Building Committee
hereinafter referred to as "Grantee", Owner of the property located at
3740 Birchman Avenue ("Property").
WITNESSETH:
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,
i,
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sidewalks and other public rights-of-way, such Improvements) are described as
follows:
Pedestrian Brid e
The location and description of said Improvement and the encroachment is more
particularly described in Exhibit "A", 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 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 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:
Four Hundred, eight-five and no/100 Dollars ($485. 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 in accordance with then exist:kng City specifications. It is
understood and agreed to by Grantee that if this Agreement terminates because
the Business ceases to operate 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 City streets, alleys, sidewalks and other public rights-of-way, including the
portions of such streets, alleys, sidewalks and other public rights-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 streets 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
streets for the use and benefit of the public. It is accordingly agreed that if the
governing body of City 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, alleys,
sidewalks and other rights-of-way to be used for any other public purpose,
including but not being limited to underground, surface or overhead
communication, drainage, sanitary sewerage, transmission of natural gas or
electricity, or any other public purpose, whether presently contemplated or not,
then this Agreement shall be automatically canceled or terminated.
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.
0 F 1�.11 C_I All f E C 0)P
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 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 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 DEFEN1D---C-1TY—. 1*Q--
it
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 THE CITY; AND
GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL
LIABILITY AND 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.
While this Agreement is. 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 propqrt as located and
described in Exhibit "A". The amounts of such insurance shall be not less than
the following:
Property damage, per occurrence $100,000
Bodily injury, per person $250,000
Bodily injury or death, per occurrence $500,000
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 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 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.
C',F 11 Ic-,
8
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 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 this contract without the- prior written approval of the
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.
EXECUTED this day of _ -' 2
Chr ' s Ch el
CITY OF FORT WORTH, GRANTOR Bible Chu h , GRANTEE
By: F - By:
Reid Rector, Asst. City Manager Fred sney, Agent
Christ hapel Buil ing Coruiittee
ATTEST: APPROVED A O FORM AND L G LITY Chairman
IYA
141n 4CJityecretary 054-4 City Attorney
ontract Authorization
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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 Reid Rector, 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 day of
20(YA .
1_
Public� the
c
Notary
ONOY P&�, KAREN EDWARDS-FISHER
Notary Public;State of Texas
_'1J.W. my Commission Expires State of Texas
May 07 2008
L 6\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 Fred Disney ,
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
agent and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 90 day of
2�:Z , 20-.
o�P3E r;�TUr�NAUE
NOTARY PUBLIC �
STATE OF TExAS �� Notary blic in and f the
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.. ����®1° CER?'IFICAT OF LI�BILI�''Y IN�UR�NC� PAGE 1
DATE(M M/D D/YYYYI
PRODUCER 04/20/04
COMMERCIAL LINES THIS CERTIFICATE IS ISSUED AS A MATTER�INFORJUTATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Higginbotham$,Assoc.,Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P 0 Box 308 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Worth,TX 76101
INSUfl EO INSURERS AFFORDING COVERAGE NAIC$
Christ Chapel Bible Church INSURER A:Northern Insurance Co of New York
3740 Birchman Avenue INSURER B:Maryland Casualty Company
Fort Worth,TX 76107 INSURER C Hartford Underwriters Ins Co
�]N�ER
COVERAGES ;YSURER 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 CCND)TION OF gryy CONTRACT�(OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE IN SURANCE AFFORDED BY THE POLICIES D ESCRIBt�HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES,AGGREGATE UMRS SHOWN MAY HAVE gE(�REDUCED BY PAID CLAIMS,
•LTR NSR T'rPE OFINSURANCE POLICY NUMBER L:
A GENERAL LIABILITY
DATEIMMIDDLrn DATE MM DD LIMITS
PPS41696718 10/01/03 10/01/04 EACH OCCURRENCE 510d0 Op0
X COMMEACIALGENERALLIABIU D�AMAGETORENTED —'1"—'—'—'
CLAIMS MADEa OCCUR S1�000,000
MED EXP(Any oneperson) 510QQQ
PERSONAL&ADV INJURY $110001000
GEN'L AGGREGATE LIMITAPPLIES PE GENERAL AGGREGATE $3000000
POLICY 'R'- LOC !(Ea!accI!denI)DS-COMP/OPAG S3 OW 000
B AUTOMOBILE LIABILITY SBS41699704
10/01/03 10/01/04 _
X ANYAUTO BD SINGLE LIMIi
$1,000,OQO
ALLOWNEDAUTOS
SCH EDUL ED AUTOS BOOILYINJURY S
(Per person)
X HIREDAUTDS
X NON-OWNEDAUTOS BODILYINJURY
(Peraccldenl) S
PROPERTY DAMAGE
GARAGE LIABILITY (Peraccidenl) $
ANYAUTO
AUTO ONLY-EA ACCIDENT S
OTHERTHAN EA ACC S
AUTOONLY: AGG S
EXCESS/UMBRELLA LIABILITY
OCCUR CLAIMS MADE EACHOCCURRENCE_ S
AGGREGATE S
DEDUCTIBLE S
RETENTION S $
C WORKERS COMPENSATION AND 36WECKG1519 $
EMPLOYERS'LIABILITY 02/01/04 02/01/05 X ''_TS9YLLMI?$ JO R --
ANYPROPRIETORPARTNER/EXECUTIVE E.L.EACH ACCIDENT S110001000
OFFICER/MEMB�R EXCLUDED?
H yes,AL PR OVISIONS below
a under
SPECIAL PR EL.DISEASE-EA EMPLOY 51000,000
OTHER E.L.DISEASE-POLICYLIMI $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
**Workers Comp Information**
Other States Coverage
Blanket Waiver of Subrogation
CERTIFICATE HOLDER
CANCELLATION
SHOULDANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHEEXPIRA
James F.Miller DATE THEREOF,THEISSUING INSURER WILL ENDEAVOR TO MAIL
Department of Development DAYS WRITTEN
NOT;CETO THE CERTIFICATE HOLDER NAMED TD THE LEFT,BUT FAILURETD DO SO S HA
City of Fort Worth 1 M POS E NO 0 B LIGATION OR LIA BI LITY OF ANY KIN D UPON TH E I NS UR ER,ITS AG ENTS OR
1 WO Throdcmorlon REPRESENTATIVES.
Fort Worth,TX 76102 AUTHORIZED 08 REPRESENTA E
ACORD 25 21)01 :-
I f 1 of #S122643/M122642
BCA o ACORD CORPORATION 1988
[ I T ,(B
�u"MCVnAM6AbSJ'v. !1L.
PAGE 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the poliry(ies)must be endorsed. A statement
On this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to lhe!erms and conditions of the policy,certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s),
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S(2001/08) 2 of 2 F°" !
#S122643/M122642
FROM :Chrtist Chapel Bible Church FAX'NO, :8177314662 Jun. 23 2004 09:05AM P1
CHRIST CHAPEL BIBLE CHURCH
4r/acetobdanfi.. apilrclohnvmr.
June 22,2004
Jim Miller,Sr. Admin.Asst./Fiscal Coordinator
The City of Fort Wot1h
Development Departmcnt
1000'1'hrockmorton Street
Fort Worth,TX 76102
Resolution by the lslder Board of Christ Chapel Bible Church conferring general
authority on pied Disney to contractually hind the church with other legal entities.
%solved that Fred Disnoy is hereby authorized and empowered to sign contracts in
the name of C`.brist chapel Bible Church or which maybe registered in the name of
Christ Chapel Biblo Church or sign any legal documents on behalf of Christ Chapel
Bible Church.
And it is Purther resolved that any and all such assignments registered in the name of
or assigned to C grist Chapel Bible Church,heretofore or hereafter made by the
above-named, are hereby ratified and confirmed.
T hereby authorize tiuit the foregoing is a true and correct resolution passed at a
regular or sp*ecial meeting of the Board of Elders,the governing body of Christ
Chapel Bible Church,a corporation duly authorized and existing under and by virtue ,
of the laws of Texm,,held on the 22nd day of June,2004,at 3740 Birchnlatl Avenue,
Fort Worth,Texas,and I fiuther certify that due notice of said meeting wag given to
each member of said board,that a quorum was present,and that said resolution has
not been.amended or repealed and is presently in full force and effect.
Witness my signature this 22nd clay of June,2004.
Signatrrawford,
Clyde Chairman
Elder Board
� � I
3740 Rirchman Avenue, Fort Worch,Tcxae 76107 917 731 4329 Fay 817 731 4661 www.cla:ntrlu,jwlhr_nrR
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/18/2004
DATE: Tuesday, May 18, 2004
LOG NAME: 06CHURCHBRIDGE REFERENCE NO.: **C-20079
SUBJECT:
Encroachment in Right-of-Way: Encroachment Agreement with Christ Chapel Bible Church
Authorizing Use of the Right-of-Way for Installation of a Pedestrian Bridge Across and Over
Birchman Avenue
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a consent agreement with
Christ Chapel Bible Church authorizing use of the right-of-way for installation of a pedestrian bridge across
and over Birchman Avenue.
DISCUSSION:
Fred Disney, agent and Chairman of the Building Committee for Christ Chapel Bible Church, is requesting
through its consultant, Dunaway Associates, Inc., permission to install a pedistrian bridge across and over
Birchman Avenue just west of Margaret Street. The proposed bridge is designed to span a distance of 60
feet over Birchman Avenue Street. The width will be 47.5'. The minimum clearance from the bottom of the
bridge to the crown of Birchman Avenue is to be 18.5'. The purpose of the bridge is to connect the
proposed adult education building and future parking garage to the church sanctuary.
The Encroachment Committee has reviewed this request and recommends approval.
The encroachment will be in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City Funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Reid Rector (6140)
Originating Department Head: Bob Riley (8901)
Additional Information Contact: Bob Riley (8901)
T.o¢name- 06C MTRC'.HRRTT)C'TF PaaP 1 of 1