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HomeMy WebLinkAboutContract 46304 CITY SECRETAW /CONTRACT NO. EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial THIS AGREEMENT 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, its duly designated Assistant City Manager or Planning and Development Director, and Fort Worth Independent School District hereinafter referred to as ("Licensee"), owner of the real property located at 4612 David Strickland Road, Fort Worth, TX 76119, commonly known as W.M. Green Elementary School. (the "Property") RECITALS WHEREAS, City has a storm drainage easement (the "Easement") in the Property as described or depicted in Exhibit "A" attached to this Agreement and incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach onto the Easement; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by the Licensee of the fee set out below and covenants and agreements hereinafter contained, to be kept 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 shown in Exhibit A for the purpose of construction of portable, on-site buildings (the "Encroachment") Upon completion of the OFFICIAL RECORD CITY SECRETARY 2012 Easement Encroachment Agreement-Commercial IT'WORTH, TX Page 1 of 9 RECEIVED JAN 0q At Encroachment, Licensee agrees to be responsible for maintaining any and all buildings within and above the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the City's Easement beyond what is specifically 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, Ordinances 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 submit 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 of such plans and specifications. 3. Licensee agrees that City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, 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 2012 Easement Encroachment Agreement-Commercial Page 2 of 9 Works or the Director of the Water Department of the City, or his duly authorized representative. 4. 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, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Three Hundred and Twenty Five Dollars ($325.00). 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 notify Licensee of the non-compliance and if not cured within thirty days this Agreement shall be deemed terminated. 6. It is further understood and agreed upon between the parties hereto that the easements to be used and encroached upon as described herein, is 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 cannot 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 Easement 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 or overhead communication, drainage, sanitary sewage, transmission of natural gas 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. 2012 Easement Encroachment Agreement-Commercial Page 3 of 9 7. LICENSEE EE OVENNAA NrTS AND AGREES REES TO !Ni EMNiL`FY, AND DOSS HEREBY iNarANI V r HOLD HARMLESS AND DEFEND CITY, US SEP OFFICERS, AGENTS, ANTS, EMPLOYEES AND ELECTED OFFICIALS FROM AND AGAINST A iNST A NV AND ALL i C A iMS OR SUITS FOR DDl1DL`DTV DAMAGE OR LOSS AND/OR PERSONAL f DEATH, TO ANY AND ALL PERSONS, OF W OEVT.D i JNil OR CHARACTER, ARISING OUT- OF OR iN�CONNrCTiON M4T-H, TIIL CONSTRUCTiON-, MAINTENANCE, !1!''CUP A NCV f USE, EXISTENCE XISTC O LOCATION A TiON OF T IIL`�N HEREUNDER,ENCROACHMENT AND USES GRANTED W14ET-14ER OR NOT CAUSED, f OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, f LICENSEES, CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITV F SUCH CLAIMS OR SUITS. LICENSEE S14ALL LIKEWISE ASSUME ALL ZA=NV AND ALL i iN iiTDV OR DAMAGE MAGE TO CIT-V PROPERTY A RJSING OUT OF OR iN CONNECTION W7T14 THE ENCROACHMENTS AND A NV AND ALL i A CTS O _O ISSIONS OF 7_ iCENSE i S OFFICERS, A!''L'NT-S f f f SERW A NTQ, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, 8. While this Agreement is in effect, Licensee 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: $1,000,000 Commercial General Liability with the understanding of and agreement by Licensee that such insurance amounts shall be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least ten(10) days prior 2012 Easement Encroachment Agreement-Commercial Page 4 of 9 written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is 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 times during the term of this Agreement and until the removal of the Encroachment and the cleaning and restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. 9. Licensee 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 Agreement in the Real Property Records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 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 the 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. 2012 Easement Encroachment Agreement-Commercial 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 officer, 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, 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 the Easement and is 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 permissions 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 obligation contained Sections 3 and 4 shall survive the termination of this Agreement. 2012 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 written 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. 18. This agreement shall be binding upon the parties hereto, their successors and assigns. EXECUTED this day of ?ilr ,2ed City Licensee: City of Fort Worth Type rs" Fart North =�d��Qr�t Sc�,col �j�stc:c�- By: By K ernando Costa, Name: Su 12,r i Qjeje Asst. City Manager Title: -Y��c'tQ L. ndYE< V.��u-� . �UU✓w� ATTEST: Approved As To Forma Legality Ci Secretary Assistant Cit Attorney 2012 Easement Encroachment Agreement-Commercial Page 7 of 9 City CITY OF OR H By: R ndle Harwoo Air ctor Planning and Development Department Attest: Approved As To Form and Legality City S t �C?F FQ1aQ Assistant tty Attorney v to g °A ° STATE OF TEXAS °°° COUNTY O RRA 4 S OF NT This instrument was acknowledged before me on 1_,�0CQ1`^6w- 2 , 201+ by Randall Harwood, Director of the Planning and Development Department of the City of Fort Worth, on behalf the City of Fort Worth. MARYSEI PINA Not Pu c, tate of Texas ?- Notary Public,state of Texas My commission Expires September 10, 2018 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 2012 Easement Encroachment Agreement-Commercial Page 8 of 9 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 �*e.ca, �i�7� e5'sn�eran , known to me 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 ream-Wnr4-61=5D therein expressed, as the act and deed of and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7-It" day of IJ1URAtJTTON Notary Public in and for the MY COMMISSION EXPIRES bins 23 2016 _ , i`�r State of Texas 2012 Easement Encroachment Agreement-Commercial Page 9 of 9 66191 XCUNOM A03 y_a oa oNVINOlals olnva z sr a 19 J z O r � VO 3OV OW 419 OSI HiHOM la0J s b ca g iw Js '° 100HOS AHV1N3W313 'o Q N3310 W'M _ a +1 ® � e a � • > NC N 11i om N I C i r 7 . � W < 9 61,69LXl'HlNOMi8G3 'Clb ONVINOWiS CIIAVCI MV I wdms VO 3E)V)IOVd OIS-CISI HlbOM ibOd -j CL WNW 14 11 !.=9 i w 100HOS ANVIN3W313 > 1W f4, i�j N33NO 1W EAO f�r EC . .... ... 1 I X ........... IL -A, o A6OR®* CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 12/3/2014 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). NT CT PRODUCER NAME: Carolyn Howard Higginbotham Insurance Agency, Inc. PHONE - - aJFAX C No - - 500 W. 13th Street E-MAIL Fort Worth TX 76102 ADDRESS. INSURERS AFFORDING COVERAGE NAIC s _ INSURERA:TeXaS Political SUbdiyiSiQnJ 99999 INSURED FORTW79 INSURERS: Fort Worth ISD INSURERC: Attn: Risk Management Dept INSURER D: 100 N. University Drive, Suite SW 170 Fort Worth TX 76107 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:479841792 REVISION NUMBER: 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. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/ D/YYYY MM/DD/YYYY A GENERAL LIABILITY F0632 /1/2014 /1/2015 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $100,000 CLAIMS-MADE OCCUR MED EXP(Any one person) $Excluded PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY PRO LOC $ A AUTOMOBILE LIABILITY F0632 /1/2014 /1/2015 (Ea aooident $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Peraccident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $HIRED AUTOS AUTOS Per accident $ UMBRELLALUIB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE r7 N/A E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If Yes,describe under D—ESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) City of Fort Worth is named as an additional insured as their interest may appear. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. Department of Development 1000 Throckmorton Street AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD L