HomeMy WebLinkAboutContract 43159e
CITY SECRETARY
CONTRACTNO.. q')151
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 Planning and Development Department Director,
hereinafter referred to as the "City", and ATE SAINTS EPISCOPAL CHURCH
acting herein by and through its duly authorized Rector, Fr. Christopher
Jambor
hereinafter referred to as "Grantee", Owner of the property located at
4936 DEXTER ("Property")
FORT WORTH, TX 76107
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 po ions o the space under, on and/or above- the -streets, —alleys,
OFFICIAL RECORD
CITY SECRETARY
04-30-12 P12:42 IN
1 FT. (NORTH, TX
sidewalks and other public rights -of -way, such Improvement(s) are described as
follows:
Angled head -in parking along Pentecost Street extending into
the public ROW.
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.
2
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
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damage or disruption of improvements installed by Grantee or its successors, but
City will make reasonable efforts to minimize such damage.
A
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 Two Hundred Sc-yen y-Five Dollars ($ 275_ oo ).
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.
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 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.
4
a
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 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.
5
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.
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 DEFEND CITY, ITS
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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 property as located and
described in Exhibit "A". The amounts of such insurance shall be not less than
the following:
$1,000,000 Commercial 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 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.
After being recorded, the original shall be returned to the City Secretary of the
City of Fort Worth, Texas
17.
8
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 , 20
I
City
City of Fort Worth
By: V-1-9
Ran4 Harwo
A4
Director 0
Planning and Developn
Grantee (Business Name)
By:
Name
Title:
VIA
To Form And Legality
Assistant City Attorney
QFIPICIAL RICOR
CITY SSCRETAI"
FT, WORTH. Tx
10
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 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.
V.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3 d day of
IRM,SAENZ
Notary Public
` STATE OF TEXAS ,
nay Comm. EV. Jan. 28,206
Notary Public in and for the �f
State of Texas
11
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 Fr. Christopher Jambor
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
All saints Episcopal Church and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this %�J day of
20 l Z.�
LYNNE M. WALTMAN
My COMMISSION EXPIRES Notary blic in and for the
auouST 19, 2012 State of Texas
12
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All Saints Episcopal Church - The Gray Building
CHURCH PENSION GROUP
Serving the Episcopal Church and Its People CERTIFICATE OF INSURANCE
The Church Insurance Company of Vermont March 30, 2012
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.
Insurer providing coverage: The Church Insurance Company of Vermont
PRODUCER:
The Church Insurance Company of Vermont
210 South Street
Bennington, Vermont 05201-5000
INSURED:
All Saints Episc Church
5001 Crestline Road
Fort Worth, TX 76107
ADDITIONAL INSURED--XX___
EMAIL: CICVTcerts@cpg.org
FAX:802-753-1385
CERTIFICATE HOLDER:
City of Fort Worth
Ms. Dana Burghdoff, Deputy Planning Director
City of Fort Worth Municipal Building
1000 Throckmorton
Fort Worth, TX 76102
The policies of insurance listed below have been issued for 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, the
insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, aggregate limits
shown may have been reduced by paid claims.
POLICY NUMBER: VPP0005665 CERTIFICATE EFFECTIVE DATE: 1 /1 /2012 EXPIRATION DATE: 1 /1 /201 3
Commercial General Liabilitv
Occurrence Form
General Aggregate applies per policy: Limits
EACH OCCURRENCE/AGGREGATE $1,000,000 Occ/5,000,000 Agg
FIRE DAMAGE (ANY ONE FIRE) $ 500,000
MEDICAL EXPENSE (ANY ONE PERSON) $ 15,000
Commercial Property
LOCATION: 5001 Crestline Road Fort Worth, TX 76107
COVERAGE INFORMATION: BLANKET BUILDING AND CONTENTS, REPLACEMENT COST, SPECIAL FORM, THEFT INCLUDED
BLANKET BUILDING & CONTENTS LIMIT: $11207700
PROPERTY DEDUCTIBLE: $1,000
FLOOD DEDUCTIBLE: 2%
OTHER REMARKS: With respect to parking spaces owned by the City of Fort Worth at 4936 Dexter, Ave, Fort
Worth, TX that will be used by the church for church parking.
DISCLAIMER: The Certificate of Insurance does not constitute a contract between the issuing insurer, authorized representative,
and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policy
listed thereon.
CANCELLATION: THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY
BE TERMINATED, THE COMPANY WILL ENDEAVOR TO GIVE THE ADDITIONAL INTEREST IDENTIFIED 30 DAYS WRITTEN NOTICE, AND WILL
SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD EFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY
PROVISIONS OR REQUIRED BY LAW.
AUTHORIZED REPRESENTATIVE
LIANNE WEBSTER
PIV
J US �'
Minutes of the Vestry
All Saints' Episcopal Church
Fort Worth, Texas
March 27, 2012
Attendance
{� indicates non-attendance)
The Rev'd Christopher N. Jambor, Rector
Mrs. Kathy Pollard, Clerk
Mr. Richard R. Varnell, Treasurer
Term Ending January 2013
Mrs. Grace Forderhase
Mr. Kyle Mankin
Mrs. Kathy Pollard
Mr. Whit Smith
Mr. Greg Westfall
Term Ending January 2014
Mrs. Christy Brammer
Mr. Steve Fleming
Mrs. Suzy Griffin
Mr. Andrew Johnsen
Mr. Woody Lawson
0
V Ob
• f
■ •
Term Ending January 2015
Mrs. Stephanie Burk
Mr. John Kent
Mrs. Anne Michels
Mrs. Erin Miller
Dr. Trace Worrell
Guest in Attendance: Dr. Thaddeus Bird, Rev'd David Madison, Mr. Tommy Miller, Mrs. Mollee Westfall, Mr. Richard Chowning
MEETING CONVENED
The regular monthly meeting of the Vestry of All Saints'
Episcopal Church was held on 27 March, 2012 at All Saints'
Episcopal Church, in the Parlor, commencing at 5:30 P.M.
MINUTES
Upon a motion by Mr. Smith seconded by Mr.
Fleming, the Minutes of 28 February 2012 were
unanimously approved.
ALL SAINTS' EPISCOPAL SCHOOL REPORT
Dr. Bird reported on the impressive college acceptance
levels of All Saints' seniors this year. He mentioned the
success of the school's faculty development program and its
overall effect on student achievement. He then detailed the
All Saints' Capital Campaign, Building for Character. FofAL.L
the Saints including Master Plan Site Options for the
construction of the Early Childhood Center and a Fine Arts
Facility; and additionally the strengthening of the ASES
endowment program and the expansion of 21slcentury
technology.
REPORTS ON THE STATE OF THE MISSION
INVITATIONAL
Evangelism and Engagement Commission
Report filed by title.
INCORPORATIONAL
Parish Life Commission
Report filed by title.
INCUBATIONAL
Worship Commission
No report.
Christian Education Commission
Report filed by title.
Pastoral Care Commission
No report.
INCARNATIONAL
Outreach and Mission Commission
Report filed by title.
Youth Ministry
No report.
INFRASTRUCTURE
Treasurer's Report, Finance Committee
Mr. Vamell reported that the Finance Committee had met
and approved the December, January and February Financials
and he reviewed his February report to the Vestry. He then
moved Vestry approval of the report, no second needed.
The motion carried unanimously.
junior Warden's Report, Faahhes Committee
Mr. Lawson reviewed his report stating that his committee
had looked at possible uses for the empty Church property as
outlined in his report. The Vestry discussed the need for a
property agreement for those occupying church owned
residences. Mrs. Burk volunteered to design such a
document. Mr. Lawson reported the new HVAC system is
Page 1
providing savings to the church of 20-30% or about $1500
per month. Security in All Saints' Chapel and in the stairwell
on the southeast corner of the Church was discussed.
Lighting and cameras in the area will upgrade the current
security in those areas.
Committee on Architectural Planning (CAP)
Father Jambor talked about the City of Fort Worth
Encroachment Agreement and other city code ramifications.
Stewardship Committee
Mr. Smith introduced the new Pew Cards asking for parish
response to three survey questions. Responses from the
cards will be used in the stewardship campaign. The Vestry,
as part of the campaign, will begin calling a targeted list of
parishioners.
Endowment Board
No report.
RECTOR'S REPORT
Father Jambor talked about the special four week series
offered by Susanne and Joe Stabile on Wednesday mornings
and evenings and encouraged Vestry attendance. He
mentioned that reports coming from those who have seen the
school construction in Kenya are positive; that the
construction is progressing well and the quality is impressive.
Following Mr. Chowning's report on Diocesan Committee
Involvement in which he stressed the need for more parish
involvement in Diocesan decision making processes, Father
Jambor stated that it would be important for All Saints' to
have representation on key committees and that our increased
involvement should be narrowly focused.
SENIOR WARDENS REPORT
Dr. Worrell discussed the idea of Earthquake insurance and
costs involved. Also discussed was the possible need of an
umbrella insurance policy to minimize the Church's legal
vulnerability in issues relating to on -site security. Mrs.
Waltman will be contacted concerning the insurance
question.
OLD BUSINESS
None
NEW BUSINESS
After a discussion of the City of Fort Worth Encroachment
Agreement, Mrs. Burk moved, seconded by Mrs.
Brammer, that a Vestry officer be authorized to sign the
Encroachment Agreement. The motion carried
unanimously.
Following a review of the proposed All Saints' School By
Law changes, Mr. Westfall moved, seconded by Mr.
Smith, the approval of the proposed changes. The
motion carried unanimously.
The All Saints' School Board of Trustees Slate for 2012 and
2013 was presented by Father. Jambor. The Vestry
unanimously approved the Episcopal Class Slate and Joe
Gray. After clarification by Mr. Young, Mr. Westfall
moved, seconded by Mr. Lawson, the approval of the
four General Class Nominees and Paula Brockway. The
motion carried unanimously.
EXECUTIVE SESSION
The Vestry met in Executive Session from 8:10 to 8:20 pm.
ANNOUNCEMENTS
The Vestry was dismissed with prayer at 8:30.
The next Vestry meeting will be Tuesday, April 24, 2012 at
5:30 p.m. hosted by Mrs. Brammer.
Respectfully submitted,
601,
Kathy Pollard
Clerk of the Vestry
Concurred,
The Rev'd hristopheiN. Jambor
Rector
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