HomeMy WebLinkAboutContract 45537 CITy IjECMUSt
CONTMaNOOLawas
RIGHT 01F WAY
ENCROACHMENT AGREEMENT
OMUER CIA L)
THIS AGREEMENT is made and entered into by and between the City of Fort
Worthl a municipal corporation of Tarrant County, Texas, acting, herein by and through
its duly authorized City Manager or its duly authorized resistant pity Manager or
Planning and Development Department Direetor,l hereinafter referred.. to as the "City"", and
TEXAS CHRISTIAN UNIVERSITY , acting herein by and through its duly authorized
Vice Chancellor of Finance and Administration hereinafter referred to as "Licensee",
Owner of the property located at 360 :fond Drive, Fort Worth, Texas 76109,
("Property").
AGREEMENT
1.
For and in consideration of the payment by Licensee of the fee set otit below and
the true and faithful performance off"the mutual covenants herein contained, City hereby
grants to Licensee permission isslon to construct/ install and/or allow to remain,
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rovement(s,) ("Irnprovem.ent") that encroaches upon, uses and/or, occupies portions of'
the space under, on and/or above the streets, alleys, sidewalks and other public ri hts of
way, such lrnprove engs are described as follows-,
This encroachment is to install a private bus shelter for the university's bus system.
The location and description of said .huprovernent and the encroachment is more
particularly described in Exhiblit "'A", attached hereto, incorporated herein and made
part hereof for all purposes.
H 2
All construction, maintenance and operation in comiectuon with such
Improvement, use and occupancy shall be performed in strict compliance with this
;8
ISO Agreement, and the Charter, Ordinances and Codes of the City and in accordance with the
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OFFICIAL 1�jr`, E RD
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directions of the Director of Transportation and public Works of City, or his duly
authorized representative. All plans and specincat ons thereof shall be subject to the
prior written approval of the hector of Transportation and public Works,, or his duly
authorized representative, but such approval shall not relieve Licensee of,responsibility
and liability for concept, design and computation in preparation of such plans and
speci fications,
Upon completion `' construction and installation of said ! provement and
thereafter, there shall be no en+ roacIuments in, under, on or above the surface area of the
streets, alleys, sidewalks and other public fights-of-way involved, except as described
herein and shown on the hereinabove referred to Exhibit ""A".
4.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected 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 evert 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 encroacl ent and use, Licensee shall pay to City an
additional amount equal to suc h additional cost as determined by the Director of
Transportation and Public Works of the City, or his duly authorized representative.
5.
City may eater and utilize tlhe 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, Licensee understands and agrees
that City, shall bear no responsibility or liability for damage or disruption. f"
2O 12 ROW Encroachment Agreement-Commercial Page 2 of
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improvements installed by Licensee or its successors, but City will make reasonable
efforts to minimize such damage.
In order to defray all costs of inspection and supervision which City has incurreu.
or will incur as a result of the c nit ct o�n, maintenance, inspection or management of
the encroachments and uses provided for, by this, Agreement, Licensee agrees to pay to
City at the time t is Agreement is, requested an application fee in the sum of Two
Hundred and Seventy Five Dollars ($275.010). Upon execution of this Agreement and
annually thereafter, Licensee agrees to pay a fee in the amount of$.56 per s uare i near
foot of the encroachment area.
7'
The term of this Agreement shall be for thirty 3� ') years, commencing n the date
-this Agreement is executed by the City of Fort Worth. Provided however, this Agreement
shall terrninate upon the non-compliance of any of the terms of this Agreement by the
Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty
days this Agreement shall be deemed terminated.
Upon termination ion of this Agreement, Licensee 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 fight-of-way, to a condition acceptable t o 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
Licensee that if this Agreement terminates and Licensee 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 f r the costs expended by the City
to remove such Improvement.
2012 ROW Encroachment Agreement-Commercial Page 3 of 1
It is further understood and agreed upon between the parties h retc that the public
rights-of-way, alleys, sidewalks `publi'c ri ght cif-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 war as have been delegated t t by the Constitution of
the State f'T"exa , or by the Legislature; and that City +cannot contract away its duty and
its legislative power t o control the public right-of-way for the use and benefit of the
public. It is accordingly agreed that if the governing b dy of City may at any time! dung
the terry hereof determine �n its sole discretion t o 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 ad commu n 1cation, drainage, sanitary sewerage, transmissio of natural
or electricity, or any other pub�l c purpose, whether presently contemplated or not, that
this Agreement shall a�ut �matically terminate.
10.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to eenst ct, maintain and locate the Improvements over or within
the described public right of way and is, not a conveyance of any right, title or interest in
night y right y
or t� the public � a nor � �t meant t� � � are �� ht t� .�� �r �eeu property
in which a third party may have an interest. Licensee agrees that it will obtain all
necessary permission before occupying such property.
11.
Licensee agrees to eo p�l ' fully with all applicable federal, state and local lags,
statutes, ordinances, codes or regulations in connection with the construction, operation
and maintenance of said Improvement, e.croac ent and uses.
12.
Licensee 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,
20 12 ROW Encroachment Agreement-Commercial Page 4 of 1
Licensee covenants and agrees that 't 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 Licensee shall have exclusive control of and the
right exclusive to control the details of its operations, and all persons performing same,
and shall he solely responsi ble for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees and invitees. The doctrine of.
respondeat superior shad not apply as between City and Licensee, its officers, agents,
servants, employees,yees, contractors and subcontractors, and nothing herein shall he
construed as creating a partnership or joint enterprise between City and Licensee.
I .
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM 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
ASSERT' D,, ARISING OUT OF OR IN CONNECTION I"TH, DIRECTLY OR
INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE,
EXISTENCE OR LOCATION OF SAID IMPROVEMENT AND
ENCROACHMENT AND DBEs GRANTED R NDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PARTI BY ALLEGED NEGLIGENCE OF
OFFICERS,S, AGENT'S, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY,* AND
LICENSEE ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS, LICENSEE SHALL LIKEWISE S 1 E 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
LICENSEE, ITS OFFICERS, AGENTS, SER, 4 TS,, EMPLOYEES,
20,12 RO,W Encroachment Agreement-Commercial Page 5 of 1
CONTRACTORS.) SUBCONTRACTORS,1 LICENSEES, INVITEES, OR
TRESPASSERS.
15.
servant s in effect, Licensee agrees to furnish C*ty with a
Certificate of Insurance, taming City as certificate bolder, 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 descfibea in Exhibit `A".
The amounts of such insurance shall he not less than the following
$1,,00,0, erclal General Liability
with the understanding of and agreement by Licensee that such insurance amounts shall
be revised upward at City's option d t hat Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such ins uuranc policy
shall provide that it cannot be canceled or amended without at least ten l ) 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". Licensee agrees to submit
a similar Certificate of Insurance annually to City on the anniversary date of the
execution of this Agreement.
Licensee agrees,, binds and obligates itself, its successors and assigns, to maintain,
and keep in force such public liability insurance at all tunes during the term of t is
Agreement and until the removal of all encroachments and the cleaning a.nd restoration of
the city streets. All insurance coverage required herein shall include coverage of all
Licensees contractors.
1.6.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient suer, of money to be used to pay necessary fees to record this Consent
Agreement it its entirety in the deed records of Tarrant County, Texas. After eing,
2012 ROW Encroacbment Agreement-Commercial Page 6 of 10
recorded, the original shall be returned to the City Secretary of the City" of'Fort Wort,
Tex
In any action brought, by the City for the enforcement of the obligations of
Licensee, City shall be entitled to recover interest and reasonable attorney's fees.
1 .
Licensee covenants and agrees that it will not assn 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 t without prior... ritten ap,proval.. will be
void.
19,
THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION
CONTAINED IN PARAGRAPH 8 SMALL SURVIVE T' E TERMINATION OF
THIS AGREEMENT.
2
This Agreement shall be binding upon the parties hereto, their successors and
assigns.
o
EXECUTED this ay of . , 2 ,
2012 ROW Encroaclunent,Agreement-Commercial Page 7 of
City Licensee
City of For Worth Texas Christian University
By.; By:
Randli Harwood Name: Broan GutieyfV
61P
Director Title: Vice Chancellor For Finance and
Planning and Development Administration
ATTEST: Approved As To Flomi and Legality
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City Sec Wry Of FO
Assistant City Attorney
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OFFICIAL RECOIR
CITY 31,10RIUM,W
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2012 ROW Encroachment Agreement-Commercial Fw"C4 IN'Ci)011, 11,11 i%'�18 f 10
STATE F TEXAS
C T O T N 1
BEFORE ME, the undersigned authority, a Notary Public in and forthe State of Texas,,
on this day personally appeared Randle Harwood, known to me to be the person whose
name is subscribed to the forIegoing instrument, and acknowledged to me that he/she
executed the saw.e for the purposes and consideration therein expressed., as the act and
deed of the City of,Fort Worth, and in the capacity therein stated.
G i ER HAND ANA BEAU OF OFFICE this c�;a ayy of
920740
° RA F FDOMAN
c,state of Te)tas
Commission ExpiMS
e
t
Notary Public in and for the
State of Texas
2012 ROW Encroachment Agreement-Commercial Page 9 of 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 Brian Gutierrez, Vice Chancellor For Finance
and dmin
0, istration,, known to m n e to be the perso whose name is, subscribed to the
A
foregoing instrument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed, as the act and deed of Texas, Christian
University, and in. the capacity therein stated.
I fz�
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this U_day of
920
TERRA"HANEE
'C
NOTARY PUBLIC
•
stat
e of TeXaS
Comm.Exp.11-12-2015 Notary P19fic in and fol
9p9vp,qwF W
State of Texas
2 012 ROW Encroachment Agreement-Commercial Page 10 of 10
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Exhibit
CIDRID,
DATE IWD �I
CERTIFICATE OF,LIABIL'ITY-1 INSURANCE 10/01/2013
THIS CERTIFICATE TIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE SCE T'IFIQATE HOLDER.THIS
CERTIFICATE DOI NOT AFFIRMATIVELY OR N15GATIVELY AMEND, EXTEND OR ALTER, THE COVERAGE AFFORDED BY THE POUOIIE
BELOW. THIS I CERTIFICATE OF INSURANCE DOE a NOT CONSTITUTE A CONTRACT BET"W,EE I THE ISSUING INSURE $), AUTHORIZED
REPRESENTATIVE OR PRODUCER',AND THE CERTIFICATE HOLDER,
ift
IMPO TA T1 II'the certificate bolder Is an ADDITION INMRO,tho polls mus a endvma �It UB G TI N S WAIVED,su ect,„ m
the terms and condltIons of the policy,certain oItol s may require an endorsement. ,
A statement�t�1, � � ll"I� ter does not confer rights hts t t�
certificate holder In Ilau of such endorsers rrt s.
-wool
P ODUCER !971-991-370
Barbara
ur
IArthur J. Galla4 er yak Hngm . Services,, Inc. 7 -66 3-62,27 �
Two Lincoln Centre wM I
5420 1BI Ywy, Suite, 400 _..
Dallas,, TX '75240 INSURERL&AIVOROINO tOVERAGE N 'IC
Danial X. Tropp
INSURED INSURER 8
,Texao Cbriatian University
TCU Box 291114 [INSURER.D
Fort Worth, T,X 7+612
URF
COVE GE$ CERTIFICAT F.NUMBER- 36120 625 R "ISO NUMBER"
11 THIS,IS TO CERTIFY THAT THE P CLICI'E OF INSURANCE LIST 0 EEL HAVE;BEEN ISSUED TO,THE INSURE NAMED!ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY RE UIREMENTV TERM OR CONDITION OF ANY CONTRACT OR OTHER 010CU EDIT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY TIME POLICIES CESCRIEEU HEREIN IS SUBJECT To,ALL THIS TEH S.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY'PAID CLAWS,
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CF,RTIFICATE HOLDEN CANCELLATION
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SHOULD ANY'OP'THE AsOVEDiEICI I8f.l)dP POLICIES E CANCELLED BEFORE V
City of Fort Worth THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN
Attn- Deve lopment Department ACCORDANCE WITH THE POLICY PRVVISI 'NS,
IEr cromohme nt Agra ento
1000 ThrocluAvrton Stre ss
AUTHORIZED,R PRE E p ve
Fort worth, TX 7610
USA
1988-2040 ACORD CORPORATION, All rights reserved,
ACORD 25 2010/05 The CORD nalmo and logo are regI t rod marks of ACORD
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