HomeMy WebLinkAboutContract 42247 OVERTON PARK& OVERTON WEST Neighborhood Association
ENCROACHMENT AGREEMENT
CITY SECRETARY
CONTRACT NO. qq_
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 Overton Park & Overton West
Neighborhood Associations,acting herein by and through its duly authorized
Officers herein after referred to as "Grantee", Owner of the property located at on
the City owned Medians from the 3700 block to the 4100 block of Hulen St, as
further identified in "Exhibit A," of this Agreement. ("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
OFFICIAL R CORD I
CITY SECRETARY
.
WORTHY TX � � , �
and/or occupies portions of the space under, on and/or above the streets, alleys,
sidewalks and other public rights-of-way, such Improvement(s) are described as
follows: The Irrigation System located on or around the on the City owned
Medians from the 3700 block to the 4100 block of Hulen St.
Exhibit—A-
SEE THE GENERAL CONTRACTORS BORING & IRRIGATION PLANS:
McAllister's Landscape Management
5104 David Strickland Road
Fort Worth, TX 76119-5304
(817) 561-2650
c
f Y,
Tr)ry
r€ \
c
Sr { `�J
b
D
4
.Dr
y r
01,
Pr
z s
Cy ,,•1 prf4
3rl
t
� .1� 'Jve'�Ft4 ,ep
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, the Adopt-A-ParkAgreement, 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.
3
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
4
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 f-Kt Dollars ($ S7).
7.
The term of this Agreement shall be for the duration of the "Adopt-A-Park
Agreement" entered into by the Overton Park & Overton West Neighborhood
Associations , commencing on the date this Agreement is executed by the City of
Fort Worth. The "Adopt A-Park Agreement" is for a term of five (5) years
beginning the 1st day of December 2010, and ending on the 30"'day of
November, 2015. The initial term five year term may be renewed by mutual
agreement between the NAs and the City for two (2) successive five year terms
under the same conditions and terms of this Agreement. The NAs must advise
the City in writing of its intent to renew this Agreement at least thirty (30) days
prior, but no earlier than 90 days prior, to the termination date of the initial five-
year term, or the two successive five-year terms, as applicable.
5
SECTION 4
8.
Upon termination of this Agreement, the Irrigation Systems will become
the property of the City, but shall be entirely maintained by the NAs during the
term of this Agreement per the Adopt-A-Park Agreement.
6
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.
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
8
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 pursue 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
9
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, via the terms of the Adopt-A-ParkAgreement. 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
iu
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.
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.
20.
This Agreement shall be binding upon the parties hereto, their successors
and assigns.
EXECUTED this ._r--day of_ � �'Y , 20
City Grantee (Business Name)
City of Fort Worth Overton Park& Overton West NAs
By- By: ,---
- D slk Name: c
615)wv4cl� k"('K Title: v
Planning and Development
By:
Name: :` ov
Title: �c—
By: y
Name: 0aeo ,V
Title:0\,mro),/ yA- -/✓rAwtllf yt�
ATTEST: Approved As To Form And Legality
City Secre ry Assistant City Attorney
LQ�p4 Jobp �y1
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
12
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Fernand a
Texas, on this day personally appeared 414andle Hefwacd, 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 day of
20JI_.
EVONIA DANIELS
MYC COMMISSION r`V ' NEXPIRES
duly 10,2013 Notary Public in and for the
State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, TX
13
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the
P U a oy AL2!✓�r7 lr' '�J I ROY+u&7e�
State of Texas, on this day personally appeared t2WOOO AP
known to me to be the personSwhose 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
j✓LJ��i il/�"ZG1��p2� y,�/�rJ�C and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
t.C l cS' , 20_tl .
Notary Public in and for the
State of Texas
*MY
DONNA L SASSAMAN
Commission E*ns
"-`--_ -- October 24,2o11
OFFICIAL, +RCORD
CITY 91CRl~TARY
FT WORTH, TX
E i
14
Overton Park & Overton West
Encroachment Agreement Exhibits
Refer to FW Permit # PP 11 -05010
XL YUUOM'.0 8
`T Wegg&=("a SHVI03M UGOHHOSHS13N
.T �rISO yr 1S3M NOla3AO Y WHVd N01113AO J
a
m� �
t% t
N
H,
czi am
51 � a � �
V ¢ 7 m
O K�t2 pig acv yES�
It
a <�
75,
G ;G
o �
a 3 _ v�
ff : a a a €
F
EXHIBIT n
CY%3L'T3dd0O S Z YLLWM uA
lr 6
rl
Ina vNNvr �asr� SNM03n OOOHHOSHD13N LI,2
nv3AnoN laOH 1S3M NOlH3AO 9)Wd NOlH3AO
s �
R yy�
u $
eta=
g;
ad II
ix
M.
IFt['S
Y
+4
1�
__ ( \| XL
_� ■
h sNVK9■gOOwHOaV13.
\ \_ �v3AfioN itmvKwvr / — MMN aao„HVaw IHMO
' . �
! .
� �?
� . »
FrostInsurance
P.O.Box 33528
Fort Worth,Texas 76162-3528
May 10, 2011
Overton Park and Overton West
Neighborhood Association
Attn: Bob Dellamura
3720 Arbor Lawn Drive
Fort Worth, TX 76109
RE: General Liability Policy#CPS1365519
Company: Scottsdale Insurance
Policy Period: 04/08/11 to 04/08/12
Dear Mr. Dellamura:
We are pleased to enclose your General Liability policy for the above referenced policy term.
Please examine the policy carefully to make sure the limits of coverage meet your needs and
that no items have been omitted. If there are any portions of the policy that you do not
understand, please contact our office for assistance.
We appreciate your business and are committed to providing you with the type of service you
need and deserve.
Sincerely,
.� (ZVW-)
Wendy CowarlVACSR,CISR
Account Manager
Enclosure
Insurance products are offered through Frost Insurance for solicitation in the state of Texas and:•Are not isured by the FDIC or any other Federal Government Agency•Are not a
deposit,obligation or guaranteed by Frost Bank•May lose value.
A SCOTM LE INSURANCE COMPANY®
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SUPPLEMENTAL DECLARATIONS
Policy No. CPS1365519 Effective Date 09/08/2011
12:01 A.M., Standard Time
Named Insured OVERTON PARK & OVERTON WEST Agent No. 42021
Item 1. Limits of Insurance
Coverage Limit of Liability
Aggregate Limits of Liability Products/Completed
$ 500, 000 Operations Aggregate
General Aggregate (other than
$ 1, 000, 000 Products/Completed Operations)
Coverage A-Bodily Injury and any one occurrence subject
Property Damage Liability to the Products/Completed
Operations and General
$ 500, 0 0 0 Aggregate Limits of Liability
any one premises subject to the
Coverage A occurrence and
the General Aggregate Limits
Damage to Premises Rented to You Limit $ 10 0, 0 0 0 of Liability
Coverage B- Personal and any one person or organization
Advertising Injury Liability subject to the General Aggregate
$ 500, 0 0 0 Limits of Liability
Coverage C- Medical Payments any one person subject to the
Coverage A occurrence and
$ 5, 000 the General Aggregate Limits
Item 2. Description of Business
Form of Business:
❑ Individual ❑ Partnership ❑ Joint Venture ❑ Trust ❑ Limited Liability Company
® Organization including a corporation (other than Partnership,Joint Venture or Limited Liability Company)
Location of All Premises You Own, Rent or Occupy:
See Schedule of Locations
Item 3. Forms and Endorsements
Form(s) and Endorsement(s) made a part of this policy at time of issue:
See Schedule of Forms and Endorsements
Item 4. Premiums
Coverage Part Premium: $ 1, 011
Other Premium: $
Total Premium: $ 1, 011
THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND
THE POLICY PERIOD.
CLS-SD-1L(8-01) INSURED EXHIBIT B cissdilf.fsp
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTWORT111
COUNCIL A ON: App ved on 7/26/2011
REFERENCE 060VERTON PARK
DATE: 7/26/2011
REFNO. ERENCE **C-25053 G NAME: NEIGHBORHOOD
ASSOCIATION IRRIGATION
CODE: C TYPE: CO SENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Encroachment Agreement with the Overton Park and Overton
West Voluntary Neighborhood Associations for the Installation of an Irrigation System
Located in the City-Owned Medians from the 3700 block to the 4100 Block of Hulen Street
(COUNCIL DISTRICTS 3 and 7)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a standard
encroachment agreement with two five-year renewal periods with the Overton Park and Overton
West Voluntary Neighborhood Associations for the installation of an irrigation system in the City-
owned medians from the 3700 block to the 4100 block of Hulen Street.
DISCUSSION:
The Overton Park and Overton West Voluntary Neighborhood Associations have requested use of
the public right-of-way for the installation of an irrigation system to be installed in the City-owned
medians from the 3700 block to the 4100 block of Hulen Street.
The Encroachment Committee, consisting of staff from the Transportation and Public Works
Department, Water Department and the Planning and Development Department has reviewed and
approved this encroachment request.
The fee for the privilege granted by this Agreement will be $575.00. The term of the Agreement is
generally 30 years. However, the Overton Park and Overton West Voluntary Neighborhood
Associations have requested the duration of this agreement be modified to five years to match the
duration of the Adopt-A-Park Agreement entered into with the City of Fort Worth on December 1,
2010. Agreement to begin on December 1, 2010 and end on November 30, 2015. The initial five-year
term may be renewed by mutual agreement between the Neighborhood Associations and the City for
two successive five-year terms under the same conditions and terms of this agreement. The
Neighborhood Associations must advise the City in writing of its intent to renew this agreement at
least 30 days prior, but no earlier than 90 days, to the termination date of the initial five-year term, or
the two successive five-year terms, as applicable.
The property is in COUNCIL DISTRICTS 3 and 7.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Planning and Development
Department is responsible for the collection and deposit of funds due to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421232 0062000 $575.00
....._.._. . .... ._.._..
http://www.fortworthgov.org/council_packet/mc_review.asp?ID=1531 1&counc1ldate=7/... 07/28/2011
M&C Review Page 2 of 2
Submitted sor City Managers Office—by- Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: David Schroeder(2239)
ATTACHMENTS
http://www.fortworthgov.org/council_packet/mc_review.asp?ID=15311&councildate=7/... 07/28/2011
M&C - Council Agenda Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, May 24, 2011 REFERENCE NO
LOG NAME: 060VERTON PARK NEIGHBORHOOD ASSOCIATION IRRIGATION
SUBJECT:
Authorize the Execution of an Encroachment Agreement with the Overton Park and Overton West
Voluntary Neighborhood Associations for the Installation of an Irrigation System Located on or Arour
City Owned Medians From the 3700 block to the 4100 Block of Hulen Street. (COUNCIL DISTRICT
and 7).
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a standard encroachi
agreement with the Overton Park and Overton West Voluntary Neighborhood Associations for the
installation of an irrigation system located on or around the city-owned medians from the 3700 block
4100 block of Hulen Street.
DISCUSSION:
The Overton Park and Overton West Voluntary Neighborhood Associations have requested use of tt
public right-of-way for the installation of an irrigation system to be installed at or around the city ov
medians from the 3700 block to the 4100 block of Hulen Street.
The Encroachment Committee, consisting of staff from the Transportation and Public Works Departr
Water Department and the Planning and Development Department has reviewed and approved this
encroachment request.
The fee for the privilege granted by this Agreement will be $575.00. The term of the Agreement is
generally 30 years. However, the Overton Park and Overton West Voluntary Neighborhood Associa
have requested the duration of this agreement be modified to 5 years to match the duration of the "P
A-Park Agreement" entered into with the City of Fort Worth on December 1, 2010. Agreement to be
December 1, 2010 and end on November 30, 2015. The initial five year term may be renewed by m
agreement between the neighborhood associations and the city for two(2) successive five year term
under the same conditions and terms of this agreement. The neighborhood associations must advis
city in writing of its intent to renew this agreement at least thirty(30) days prior, but no earlier than 90
to the termination date of the initial five-year term, or the two successive five-year terms, as applicat
The property is in COUNCIL DISTRICTS 3 and 7.
FISCAL INFORMATION/ CERTIFICATION:
The Financial Management Services Director certifies that the Planning and Development Departme
responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/C enters
GG01 421232 0062000 $575.00
httn:Harms.cfwnet_org/ecoune.il/nrintmr 1 i1)1)1 1
M&C - Council Agenda Page 2 of 2
CERTIFICATIONS:
Submitted for City Manamers Office b .'_ Fernando Costa 6122
_
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: David Schroeder (2239)
ATTACHMENTS
No attachments found.
httrr//nnnc rfwnet oro/ernimr.il/nrintme. ncn9irl=1 5111 k..nrint=tnieRrT)ncTvne=Print M/1 I/?()] 1