HomeMy WebLinkAboutContract 45562 CITY SECRETAW
CONTRACT NO,
EASEMENT ENCROACHMENT LICENSE AGREEMENT:
Commercial
THIS NT is made and entered into by and between THE CITY of FORT
WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting
by and through its duly authorized City manager or its duly designated Assistant City
Manager `City") or Planning and Development Di*reetor, and Fort Worth Country Day
School, Inc hereinafter referred to as "Licensee"" owner of the property located at 4200
Country :day bane, Fort Worth,TX ,76109 ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as Bloch
A I R, Country Day Park, an addition to the City of Fort Worth, Tarrant County, Texas
as recorded Cabinet Slide f the! Property records, County
WHEREAS,, the City has a 20 foot wide drainage easement (the "Easement"')
the property as shown on the map attached to this Agreement as Exhibit "A" d
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incorporated herein
WHEREAS,, Licensee desires to construct'place and maintain a pedestrian bridge
which will span the Easement, and which will encroach onto the City's Easement as
shown on the attached survey and only to the extent shown thereon; and
WHEREAS, to accommodate the needs of the Licensee,the City will allow the
Encroachment under the terms and conditions as set forth in this Agreene .t.
NOW,,THEREFORE, the City and licensee agree as follows-,
AGREEMENT
L
The City, in consideration of the payment by the Licensee of the fee set out below
and covenants and agreements hereinafter contained, to be kepit and performed by the
Licensee, hereby grants permission to the Licensee to encroach upon and occupy a.
portion. of the City's Easement as described in and at the location sho wn Exhibit A for the
purpose of constructing a pedestri bridge honoring individual whom have influenced
Fort: Worth Country lay School (the "Encroachment"). Upon completion of the
Encroaclunent,
Licensee agrees to be responsible for maintaining and and all structures
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and builaings within and above the Easement. Licensee shall not expand or otherwise
cause the Encroachment to further inf nge in or on the City's Easement beyond what is
spy cl,'fically described in the exhibit s) attached hereto.
2.
All construction, maintenance and operation in connection with such
Encroachment., use and occupancy shall comply and be performed in strict compliance
with the Charter, Ordinance and Codes of the City and in accordance with the directions,
of'the Director of the Transportation and Public, Works Department or the Director of the
Water Department of City', or his duly authorized representative. Prior to the construction
of the Encroachment, Licensee shall sou mit all plans and specifications to the applicable
Director or his duly authorized representative. Licensee shall not commence construction
of -the Encroachment until such approval shall be 'indicated in writing by the Director.
,However, such approval shall not relieve Licensee of responsibility and liability for
concept, design and computation in the preparation f'such plans and specifications.
3.
Licensee agrees that City may enter and utilize the referenced areas at any time for
the purp ose of installi 0
ng, repa iring replacing or maintaining improvements to its public
facilities or utilities necessary for the health, safety and welfare of the public for any other
public purpose. City shall bear no responsibility or liability for any damage or disruption
or other adverse consequences resulting from the Encroachment installed by Licensee, but
City will make reasonable efforts to minimize such damage. 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 the
Encroachment and use,, Licensee shall pay to City an additional amount equal to such
additional cost as reasonably determined by the Director of Transportation and Public
Works or the Director of the Water Department of the City, or his duly authorized
representative.
2012 Easement Encroachment Agreement-Conunercial Page 2 of 9
4.
In order to defray all costs of inspection and supervision which City has incurred
a
or will incur as a result of the construction, maintenance,, i,ns ection or management of
the encroachments and uses provided for by this Agreement, Licensee agrees to pay to
City at the time this Agreement is requested an application fee in the sum of Two
Hundred and Seventy Five Dollars ($275.00). Upon execution of this Agreement and
annually thereafter, Licensee agrees to pay a fee in the amount of$.56 per square/linear
foot of the encroachment area.
5.
The term of this Agreement shall be for thirty (30) years, commencing on the date
this Agreement is executed by the City of Fort Worth. Provided however, this Agreement
shall terminate upon, the non-compliance of any of the terms of this Agreement by the
Licensee. City shall notf Licensee of-the non-compliance and if not cured within thirty
days this Agreement shall be deemed terminated.
6.
It is her understood and agreed upon between the parties hereto that the
easements 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 easement as have been delegated
to it by the Constitution of the State of Texas or by the Legislature; and that City car not.
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contract away its duty and its legislative power to control the easement 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, that does not preclude the use of
the Encroachment on the Property for a office building or activities related thereto,
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 the parties agree to negotiate in good
faith in order to accommodate the Encroachment and the public purpose.,
2 012 Easement Encroachment Agreement-Commercial Page 3 of 9
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LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND :DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS,, AGENTS, SERVANTS, EMPLOYEES AND ELECTED FFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INTURY, INCLUDING DEATH, TO
ANY AN ALL PERSONS, O WHATSOEVER KIND CHARACTER,
ARISING OUT OR IN CONNECTION WITH, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID
ENCROACHMENTS AND USES GRANTED, HEREUNDER, WHETHER OR
NOT CAUSED, IN WHOLE, OIL IN PART, BY THE NEGLIGENCE
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS,, LICENSEES, ELECTED OFFICIALS OR INVITEES OF
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AN
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS, LICENSEE 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 THE
ENCROACHMENTS AND ANY AN ALL ACTS, OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS,LICENSEES, OR INVITEES.
8.
While this, Agreement is in effect, Licensee agrees to ish City with a
Certificate of Insurance, naming City as certificate holder, as proof that has secured d
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 n Exhibit "A".
The amounts of such insurance shad be not less than the following:
$1,0010,000 Commercial General Liabi 1 y.
with the understanding of and agreement by Licensee
be revised upward at City's option and that Licensee 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 tern (10) days pr%or
tten notice to the Building Official of the City of Fort Worth. A copy of such
20,12 Easement Encroachment Agreement-Commercial Page 4 of 91
Certificate of Insurance is attached as attached as Exhibit "B"". Licensee agrees to submit
a i Har Certificate of Insurance annually to City on the anniversary date of the execution
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of this Agreement.
Licensee agrees, binds and obligates itself, 'its successors and assigns, to maintain
and keep .'in force, such public liabi,lity surance at all times during the to of this
Agreement and until the removal of all encroachments and the cleani*ng and restoration of
the city streets. All insurance coverage required herein shall include coverage of all
Licensees' contractors.
90
Licensee agrees to deposit with the it when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Encroachment on
Easement 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.
10.
Licensee 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 Encroachment and uses,.
11'.
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.
2 012 Easement Encroachment Agreemen nmercial Page 5 of 9
12.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an o�ffi,cer, agent,
servant or employee of City, and Licensee 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 Licensee I its officers, agents,
servants, employees, contractors and subcontractors, and nothing herein shall be
construed,as creating a partnership or joint enterprise between City and Licensee.
13.
Licensee agrees and acknowledges that this Agreement is solely, for the purpose of
permitting Licensee to construct maintain and locate the Encroachment over or within
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the described Easement and s not a conveyance of any right, title or interest in or to the
Easement nor is it meant to convey any right to use or occupy property in which a third
party may have an interest. Licensee agrees, that 'it will obtain all necessary permission
before occupying such property.,
14.
In any action brought by the City for the enforcement of the obligations of the
Licensee,,, City shall be entitled to recover interest and reasonable attorney's fees.
15.
The parties agree that the duties and ob�ligation contained paragraphs 3 and 4 shall
survive the termination of this Agreement.
2 012 Easement Encroachment Agreement-Commercial Page 6 of'9
16'.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this contract without the VMtten approval of City, and any
attempted assignment without such written approval should be void.
17.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement,shall be governed by the laws of the State of Texas.
This,agreement shall be binding upon the parties hereto, their successors and
assigns.
20'
EXECUIED thi's day of
C*t
I Y Licensee:
City of Fort Worth Fort Worth Country Day School, Inc.
By: By:
OV
Randle Harl od� Name.:
Director Title,. I coe!N&4—
Planning and Development
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ATT As To Form and,Legality
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City Secre 00 Assistant City Attorney
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2012 Easeent ncroachment Agreement-Commercial
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STATE OF TEXAS o
COUNTY OF TARRANT
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BEFORE �1E, the undersigned a � �.� � ai ol S,ta e of
Texas, on -this day personally appeared own to me to be
the person whose name is subscribed to the foregoing instrumentl and acknowledged to
me that he/she executed the same fig: the purposes and consideration therein expressed, as
the act and deed of the City of Fort Worth, and in the capacity therein stated.
GIVEN UNDE HAND AND SEAL OF OFFiC'E"'this day of
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2012 Easement Encroaduiient Agreement-Conviiercial Page 8 of 9
STATE OF TEXAS
§
,COLTNTY OF TARR-ANI' §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Evan D. Peterson, Head of School, 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 Fort Worth Country Day School, Inc, and in
the capacity therein stated.
61VEN UNDER MY HAND AND SEAL 01" OFFICE this day of
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Notary Public in and for the
State of Texas
AWL -AOL -AOL -AOL 'dffik. _AOL
ONTHIA L ALLEN
my COM6*6*0 Expims
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2 012 Easement Encroachment Agreement-Commercial Page 9 of 9
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AC"Rf> CERTIFICATE OF' LIABILITY INSURANCE 8/29/2013
DATE(MMIDDIYYYY)
THIS CERTIFICATE I'S ISSUED AS A. MATTER OF INFORMATION ONLY AND CONIFERS NO RIGHTS UPON THE CER"TIFICAT"E HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY Y O'R 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,AN THE CERTIFICATE HOLDER.
IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the plollcy(Iels)must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions,of the po,l'icy,certain policies may require erg endorsement.,errent. A Statement on tl"is certificate,Ite d' a not rifer rights to the
certificate holder in lieu of such end�rserinelnt,s ,
PRODUCER UCEFIr CONTACT
RUE International Insurance services Katie..m..' ....._WW
777 Main Street, Suite C-50 PHONE' Ext (8181 ) 82201- 00 FAX $17) 870-0310
E-MAIL -
ADDRESS: katie.hunt*hubintern,ational.ccm
Fort Worth TX 7610
INSURER(S)AFFORDING COVERAGE NAIC
INSURER -Elartfc rd Underwriters Ins.. Cc. ,I Oil 04.
INSURED INeuRER B:Sentinel Insurance Co an , Ltd. 1100 0
Fort Worth Country Day School, Inc .
INSURER C:Elartf ord Casualty Insurance Co. 29424
4200 Country Bay Lane INSURER D.Elartford Accident & Indemnity Cal 22357
Fort 'forth TX 76109. INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER:Cert III 46271 REVIBI0N NUIIM BER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED, BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIL
INDICATED.ATED. N TWITHSTANCDIING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICHI THIS
CERTIFICATE MAY BE ISSUED OR IMAY PERTAIN,, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED, HIEREIN I'S SUBJECT TO ALL -tH,E TERMS,
(EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HA''W''E BEEN I REDUCED BY'PAID CLAIMS,
I � �_ POLICY F POLICY E 1 I TYPE OF INSURANCE A, IL I POLICY NUMBE( MPIDDYYYY MM,DDYYYY LIMIT
GENERAL LIABILITY EA CH OI;CURRENCE $ 11000,000
A X COMMERCIAL GENERA LIABILITY 46UUNJDO89 :9/l/2013
9/1/2014 (Ee' 0 ce�) $ 3010,00101
ULAIIMSMIAUE il OCCUR
IkAII D ESP(A one n) 10,000
PERSONAL&ADV INJURY 11 00,0,00 tD
GENERAL AGGREGATE.TE. $ 21000,000
GEN"L AGGREGATE A1T'E LIMIT APPLIES PER', P'RODUC'TS-!DUI IPI P AGG $ 21000,000
POLICY FlxPRO- L $
AUTOMOBILE LIABILITY
.' MBINEI SINGLE:LIMff 1,000,000,
8 X ANY 4 6UUNJD10 892 9/1/2013 9/1/201.4 BODILY INJURY(Per Ie ),
ALL OWNED SCHEDULED
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BODILY INJURY(Peer nw.Id�nt) $
AUTOS, .... AUTOS i
NON-OWNED PROPERTY DAMAGE._.........W
HIRED AUTOS X A UTOS Pe' Idan1 $
$
C X UMBRELLA LIAIB X OCCUR 46 RHUJDi 01261 9/1/241.3 5/1/2014 EACH OCCURRENCE 101000111000
EXCESS LIAO CLAIMS-MAD,E AGGREGATE $ 10 000.0010
UEU RE-TENT ION 10,0 0 tD $
WORKERS DOMPENSATII'I"'I
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D AN D,EMPLOYE 46WBZ ,5390 9/1/21 13 ,/1/2024 �_ TORY LIMITS.�_....... ER
ANY PROF'(IETORAP'AI'TNERAE:ECUTI'E YIN E.L,EACH ACC UENT $ 11000,000
OFFICERI'NIEI BER EXCLUDED? �'ICI��
(Mandatory in I�III E.L.DISEASE-EA EMPLOYE $ �0 0,000
UA86RIPTI�ON OF OPERATUNS telow E,L,DISEASE-POLICY LIMIT $ 11000,000
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DESCRIPTION N OPERATIONS I LOCATIONS A VEHICLES (Attach!A CORD 11:01,Additional Remarke Schedule,it more epa a Is required)
The General Liability and Automobile Liability policies include a blanket automatic additional
insured endorsement,rsement that provides additional insured status to the certificate holder only when
there is a written contract between the named insured and the certificate holder that requires such
status subject to policy terms and conditions. The General Li ail its►,Automobi lei Liability and
workers' Compensation policies include a blanket automatic- waiver of subirogation endorsement that
provides this feature only when there is ;a written contract between the named insured and the
certificate holder that requires it subject to policy terms and conditions
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THIS ABOVE DESCRIBED POLICIES BE CANCE,LLM BEFORE
THE EXPIRATION ATION CRATE THEREOF,F, OTI E, WILL BE 'BELIIVIE ED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Fort Worth
1,000 Throckmortion AUTHORIZED REPRESEN'TA N IVE
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Ft Worth TX 76102
@' 1 X010 A ORd,CORPORATION. All right► reswerw edm
ACORN 25(2010/015) The ACCORD name and largo are registered marks of A ' RD EXHIBIT
Pa e I_ o f '