HomeMy WebLinkAboutContract 36329 f.
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CONTRACT NO SAC
RECEIVED
ENCROACHMENT AGREEMENT NOV 0 82 007
STATE OF TEXAS § Facilities Planning
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 TARRANT COUNTY COLLEGE
DISTRICT, a political subdivision of the State of Texas, acting herein by and through its
duly authorized representative hereinafter referred to as "Grantee," Owner of the
property located at Block 10, bounded by the following streets: Commerce, Belknap,
Calhoun and Weatherford, and Block 1, bounded by the following streets: Commerce,
Belknap, Calhoun and the former Bluff Street, Fort Worth Original Town, Fort Worth,
Tarrant County, Texas ("Property") (such Property being replatted as Lot 1 R, Block 1 of
the Tarrant County College Downtown Campus Addition).
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, sidewalks and other
public rights-of-way, such Improvement(s) are described as follows: The
Improvements shall be constructed pursuant to plans and specifications approved by
the City and involve the excavation of the Property on the north and south sides of
Belknap Street so as to allow for passage and development underneath Belknap Street
between Commerce and Calhoun Streets and the replacement of such Belknap Street
with a bridge between Commerce and Calhoun Streets. Upon completion of the
improvements, Grantee agrees to be responsible for maintaining any and all structures
and buildings beneath the proposed bridge, as well as the maintenance of non-standard
handrails (in a material to be determined and approved by the City) on the bridge itself.
The City shall provide written notice of any request for repair, not including standard
maintenance, of the non-standard handrail. The Grantee shall commence said repairs
within 30 days of receipt of the written notice or upon a date mutually agreed upon by
the City and the Grantee. If said repairs are not commenced or completed within the
agreed upon time, the Grantee shall reimburse the City for any funds expended on the
repair of the nonstandard handrails. There shall also be constructed two proposed
"12") and a plaza in between the two
school buildings (designated as buildings 11 and
buildings. These Improvements are to be constructed beneath the proposed Belknap
Street bridge. The location and description of said Improvement and the encroachment
.........................
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ENCROACHMENT AGREEMENT-PAGE 1
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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 inspecting, installing or maintaining public rights-of-way, streets and bridge
("public right-of-way") necessary for the proper conduct and operation of the public right
of way and as 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. The term of this Agreement shall be for a term of 50 years,
commencing on the date this Agreement is executed by the City of Fort Worth.
7. Upon termination of this Agreement, Grantee shall, at the option of
City and at no expense to City, make adequate provisions for the continued satisfaction
of the obligations of Grantee under this agreement.
ENCROACHMENT AGREEMENT-PAGE 2
8. 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 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 that does not preclude
the use of the Improvements on the Property for a college campus and/or activities
related thereto, 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, that this Agreement
may be modified by the City so as to allow for such use.
9. 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.
10. Grantee agrees to comply fully with all applicable federal, state and
local laws, statutes, ordinances, codes or regulations in connection with the
construction,n operation and maintenance of said Improvement, encroachment and uses.
11. 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.
12. 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
offic'ers, 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.
13. 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
ENCROACHMENT AGREEMENT-PAGE 3
14. 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.
15. 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.
16. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION
CONTAINED IN PARAGRAPH 7 SHALL SURVIVE THE TERMINATION OF THIS
AGREEMENT,
17. This Agreement shall be binding upon the parties hereto, their
successors and assigns.
18. This Agreement may be executed in multiple originals and shall be
binding when all parties have signed a copy.
EXECUTED this day of , 2007
-a_ 1
C17Y,*
CITY OF FORT WORTH
By: ..................
Dale Fisseil�
Assistant City Manager
ATTEST: APPROVED AS TO FORM AND
LEGALITY:
err
City Secret 9y Assistant City Attorney
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ENCROACHMENT AGREEMENT-PAGE 4
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the
on this day personally appeared P , known to me to
da
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State of Texas, 9.--
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.
IVE UNDER MY HAND AND SEAL OF OFFICE this Ltlllu.. day of
12007.
ANA L,BRI$FNO
Notary pubjic,state of Texas Notary Public, State of Texas
my commission Expires
March 07,201 1
ENCROACHMENT AGREEMENT--PAGE 5
GRANTEE.*
TARRANT COUNTY COLLEGE
DISTRICT, a political subdivision of the
State of Texas
By:.....................C'00-21
Printed Name: Leonardo d Garza, PhD.
Title: Chancellor
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 Leonardo de la Garza 7
Chancellor of TARRANT COUNTY COLLEGE DISTRICT, 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 TARRANT COUNTY COLLEGE DISTRICT, and in the capacity
therein stated.
UMEOPOPOW
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Ill day of
72007.
4ee
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Notgry Public, State of Texas
NOVI 01, KAREN SBURKHART
4623-859-568543.1 0 -:0- Notary Public,state of Texas
Oak My Commission Expires
(IF May 19,2009
ENCROACHMENT AGREEMENT-PAGE 5
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Z71. PROPOSED BELKNAP ST. BRIDOE
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BELKNAP B ENCROACHMENT EXHIBIT
TARRANT COUNTY COLLEGE, D OWNTOWN C
FEBRUARY 23, 2007
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