HomeMy WebLinkAboutContract 41643 CITY SECRETARY
CONTRACT NO.
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 the U.S. General Services Administration acting herein by and through its
duly authorized representative hereinafter referred to as "Grantee", Owner of the property
located at 819 Taylor Street,Fort Worth, Texas 76102 ("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 public park known as Federal Plaza and closed Monroe Street, such
Improvement(s)are described as follows:
• V x V bollards • Locked pneumatic bollards
• Planters • Benches i
• Trees • Plaques OFRICI L RECORD
CITY SECRETARY
• Lighted flag pole • Time capsule I FT NV€ PT , Tx 1
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The location and description of said Improvements 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 the Parks and Community Services of City, or his duly
authorized representative. All plans and specifications thereof shall be subject to the
prior written approval of the Director of Parks and Community Services, 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
Federal Plaza and closed Monroe Street, 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
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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 Parks and Community Services 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 TEN AND NO/100TII
DOLLARS ($10.00).
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.
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8.
Upon termination of this Agreement, Grantee shall,at the option of City and at no
expense to City, restore Federal Plaza and closed Monroe Street and remove the
Improvement encroaching into the public plaza and right of way, to a condition
acceptable to the Director of Parks and Community Services, 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, Grantee hereby gives City permission to remove the Improvement and
any supporting structures.
9.
It is further understood and agreed upon between the parties hereto that the public
rights-of-way, alleys, sidewalks ("public right-of-way") and public park 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 park and 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.
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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.
Grantee agrees to pay promptly when due all lawful 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.
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14.
Grantee shall be responsible to the extent provided under applicable law
for all claims with respect to Grantee's use of the Property during the term of this
Encroachment Agreement.
Federal Tort Claims Act. In accordance with the terms and subject to the conditions,
limitations, and exceptions set forth in the Federal Tort Claims Act of 1948, as amended
(28 U.S.C. § 2671, et seq.) ("Tort Claims Act"), Grantee shall be liable to persons
damaged by any personal injury,death or injury to or loss of property,which is caused by
a negligent or wrongful act or omission of any employee of the Grantee while acting
within the scope of his office or employment under circumstances where a private person
would be liable in accordance with the law of the place where the act or omission
occurred. The foregoing shall not be deemed to extend Grantee's liability beyond that
existing under the Torts Claims Act at the time of such act or omission, or to preclude
Grantee from using any defense available at law or in equity.
15.
Grantee agrees to require that its contractors who perform such work on the
licensed property to maintain and have in effect commercial general liability insurance
with(i) all risk coverage, (ii) waiver of subrogation, and (iii) limits of not less than One
Million Dollars ($1,000,000.00) for personal injury, including bodily injury and death
and property damage. Grantee shall deliver to City a copy of the certificate of insurance
required hereunder prior to the commencement of such work which certificate shall
provide that such insurance shall not be terminated or modified without at least thirty
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days notice to City. Grantee, being an agency of the United States of America, is self-
insured.
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 Encroachment
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. City shall furnish a true copy of the recorded Encroachment Agreement to
Grantee, to the attention of. Lonnie B. Wright, Urban Development/Site Acquisition
Portfolio Management Division (7PT) U. S. General Services Administration 819 Taylor
Street, Room 11 B545 Fort Worth,Texas 76102.
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 to the
extent provided Federal law, including the Equal Access to Justice Act, 28 U.S.C.A. §
2412)and the Prompt Payment Act, 31 U.S.C.A. §§ 3901 to 3907,but not otherwise
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 •
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City
Grantee
City of Fort Worth U.S. General Services Administration
By:
By:
Sus Al is Name:
Assi City Manager Title: C�.� Gt•^ ��
ATTEST: Approved As To Form and Legality
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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 Susan Alanis, 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 31 day of
20 L - -
Ilk. LINDA M.HIRRUNGER (��
+ *� MY COMMISSION EXPIRES Notary Public in and for the
State of Texas
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 _=0�N. -& tj 2'I j, , 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 U rS. G r-,4 E—L- 5;L;.,c5 ' '°'MI N i S i A and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z L day of
I/A&a-c 20 11
JONATHON M. HUNTER Not Public in and or the
Notary Public,State of Texas State f Texas
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