Loading...
HomeMy WebLinkAboutContract 42020 ENCROACHMENT AGREEMENT STATE OF TEXAS § CITY SECRETARY CONTRACT NO. 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 CentrePort Venture, INC. acting herein by and through its duly authorized President, Daniel J. Bradley hereinafter referred to as "Grantee", Owner of the property located at the intersection of Trinity Boulevard and Highway 360 in the vicinity of 14000 Trinity Boulevard. 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, OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1 sidewalks and other public rights-of-way, such Improvement(s) are described as follows: Monument sign located in the Trinity Blvd median located at intersection of Trinity Blvd and Hwy 360 in Fort worth, Texas. 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 3 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 Five hundred seventy fi llars ($575 . 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 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 9. 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 6 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 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. 9 EXECUTED this(2 ( day of Vim` , 20�. City Grantee City of Fort Worth CentrePort Venture, INC By:"" y:"MAwoow i 4�1-. By: Fernando Costa, Assistant City Manager Name: Daniel J. Bradley Title: Authorized Signatory ATTEST: Approved As To Form And Legality �h ry L City SecretN Assistant City Attorney aJ =.R r3 contract Authori.zaitiolk Date OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX io 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 Fernando Costa, 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 d da y of 2044__.. Notary Public in and for the State of Texas EVONJA SS DANIELS EXPIRES JUIy 10,2013 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX II STATE OF § COUNTY OFTANT �§ BEFORE ME, the undersigned authority, a Notary Public in and for the State of mss, on day personally appeared ` 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 and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20L� Wary Public in and for the State of TAx" uNpq M.P918C0 Notary Pubic �AI:TH OF MASSACHU CMWMWW Was oaow is,ZOt� OFFICIAL RECORD CITY SECRETARY Fr WORrH, TX 12 ioCA0Vo m O n 'F _...--- O z O N m m a HIGHWAY 380 n DES ^ z e - Y �w mm �amv m O MHrmamm e N m Ln Dzcz2�fnl Am..°mmr Daz°ulmm"sm �� I -0!n,O- n L .� FUTOEE NL� Drm'.o __.... .__. _.....__ / Z yoo� - 1 N \ a m r�mzam CI ru i zn m NN n � £ O m f St AZ wN a �*m m— n II I 1 I III Cs O - " Hz,�cm°z 11 I I I I ° m..m namzo I I 1 I III -�cnciD momm o zr.,no -1m m -I m 0000 D Dfn[") I?1 NmsnnNm axrr y s om ri3 z �..rmZam N Z-. Dm PT- Z nr,oaF,� yy r cn >z D3 omznn Nfa rr i C1' 0' cc c rNn mD-iON r C� OD cc c0 O s�O, mm CT O CT O CT O n� mmo mrm C)DI-� aaz N mm>m 0,00 rpmmn n zmz arm-+-�0 [n z mm o� -1» m z io c DDr N m zxm C:0> zm n-V [7=Z 'n,zz0 -INN E0 Om nm Dm Z�m 0z zm z cn-0 a ;0 C13 g ' � C m Ozm y O mm � x m> < x L 88 --i N N �O b 0 r am z -a+ x $ id� t � O z r} 88 %t~� �� O D oo m N ink u c� s 0 = 1 1 a y �o z� y �� :..♦ s1'I r a SeE � �e 39g m m z 9PNn �p -U 0 p :r: '?t�15/I a m -i e go X-4 d® O Z P O% z r m ri k inn O m X _� lIII '4i� r O m m Q Z N W ,`��hl.��**� z 3 �� R m _ JXh � �` CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYY1) 0711 5/2 01 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms 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). PRODUCER CONTACT MARSH USA,INC. NAB' Attn:Sharon Lundin PHONE No 99 High Street,Boston,MA 02110 EE4WAIL S: PH:(617)385-0342 FAX:(617)365-0344 Sharon.Lundin @marsh.com INSURE S AFFORDING COVERAGE NAIC 0 10462-AEW-11/12-2011 INSURER A:Federal Insurance Company 20281 INSURED CAPITAL MANAGEMENT,L.P. INSURER B:NIA N/A TWO SEAPORT LANE INSURER C:N/A N/A WORLD TRADE CENTER EAST BOSTON,MA 02210 INSURER D:NIA NIA INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-006199175-01 REVISION NUMBER:3 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 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIR TYPE OF INSURANCE ADOL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR GENERAL LIABILITY X EACH OCCURRENCE $ 1,000,E A X COMMERCIAL GENERAL LIABILITY 73506330 041012011 04101/2012 DAMAGE TO RENTED PREMISES Ea ocminence $ 1'000'000 CLAIMS-MADE I—XI OCCUR MED EXP(Any one person) $ N/A X 'Agg Per Loc./No Ded or SIR PERSONAL&ADV INJURY $ 1,000,000 X `Includes Terrorism GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 1,000,000 POLICY PRO Loc $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident) $ AUTOS AUTOS ( ) HIREOAUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN ER ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? F–] NIA E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If S describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Addkbnal Remaiac Sdredtre,N more space is regdred) S RESPECTS:CENTREPROT VENTURE INC,,FORT WORTH,TX 76155. The Entry Improvernent Project related to the Common Area main two**fare median of CentrePort Business Park-The Encroachment Argeements for Anon and Trinity. CERTIFICATE HOLDER CANCELLATION BUILDING OFFICAL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF FORT WORTH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 THROCKMORTON STREET ACCORDANCE WITH THE POLICY PROVISIONS. FORT WORTH.TX 76102 AUTHORIZED RE114111ESENTATIVE or Mash USA Inc. Christopher J King ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ADDITIONAL INFORMATION NYC ,99,75-0, DATE /15011 °°""'' 07115/2011 PRODUCER MARSH USA,INC. Attn:Sharon Lundin 99 High Street,Boston,MA 02110 PH:(617)385-0342 FAX(617)385-0344 Sharon.Lundin@marsh.00m 10462-AEW-11/12-2011 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER G - AEW CAPITAL MANAGEMENT,L.P. - - TWO SEAPORT LANE INSURER H: ---_-- -- -------------.__-_}- WORLD TRADE CENTER EAST INSURER I: BOSTON,MA 02210 INSURER J: TEXT SCHEDULE A 1' NAMED INSURED: CENTREPORT VENTURE,INC. CENTREPORT PROPERTIES,INC. C/O AEW CAPITAL MANAGEMENT,L.P. WORLD TRADE CENTER EAST TWO SEAPORT LANE BOSTON,MA 02210 i ADDITIONAL INSURED(LIABILITY ONLY) THE CITY OF FORT WORTH 1000 THROCKMORTON FORT WORTH,TX 76102 i II I i I I j CERTIFICATE HOLDER BUILDING OFFICAL CITY OF FORT WORTH 1000 THROCKMDRTON STREET FORT WORTH,TX 76102 un OIZED REPRESENTATIVE of Marsh USA Inc. // v Christopher J King ,� ,� O ' Page 2 M&C Review Page 1 of 1 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTIVORTH COUNCIL ACTION: Approved on 6/14/2011 REFERENCE #* 06CENTREPORT VENTURE DATE: 6/14/2011 NO.: C-24949 LOG NAME: TRINITY BLVD MONUMENT SIGN CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Encroachment Agreement with CentrePort Venture for the Installation of a Monument Sign at the Intersection of Trinity Boulevard and Highway 360 in the Vicinity of 14000 Trinity Boulevard Right-of-Way (COUNCIL DISTRICT 5 ) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a standard encroachment Agreement with CentrePort Venture for the installation of a monument sign at the intersection of Trinity Boulevard and Highway 360 in the vicinity of 14000 Trinity Boulevard right-of- way. DISCUSSION: CentrePort Venture has requested use of the public right-of-way for the installation of a monument sign to be placed at the intersection of Trinity Boulevard and Highway 360 in the general vicinity of 14000 Trinity Boulevard. The Encroachment Committee, consisting of staff from the Transportation and Public Works Department, the Water Department and the Planning and Development Department, have reviewed this encroachment request and recommends approval. The fee for the privilege granted by this Agreement will be$575.00. NOTE: The standard encroachment agreement fee of$575.00 is waived due to NEZ certification status. The term of the Agreement will be 30 years. The property is in COUNCIL DISTRICT 5. FISCAL INFORMATION/CERTIFICATION: TO Fund/Account/Centers FROM Fund/Account/Centers GG01.421232 0062000 $0.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: David Schroeder(2239) ATTACHMENTS httn•//annc efivnet nra/cnnmcil nnelrPt/mv rPViPw nen`1T)=1 A1101 1 nA/1 A171)1 1