HomeMy WebLinkAboutContract 30275 CITY SE
CRETARY
ENCROACHMENT AGREEMENT CONTRACT NO.
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 City Manager or duly designated Assistant City
Manager, hereinafter referred to as the "City", and SOUTHWESTERN BAPTIST
THEOLOGICAL SEMINARY, P.O. BOX 22000, FORT WORTH, TEXAS, 76122,
acting herein by and through its duly authorized VICE PRESIDENT FOR
BUSINESS AFFAIRS, hereinafter referred to as "Grantee", Owner of the property
located at 2001 W. Seminary Drive ("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
and/or occupies portions of the space under, on and/or above the streets, alleys,
1
sidewalks, and other public rights-of-way, such improvement(s) are described as
follows: STREET LOCATION: TO INSTALL 1-6" C-900 PVC PIPE SLEEVE
CONTAINING: 1-2" DIA. PVC PIPE FOR IRRIGATION WATER; 2-2" DIA. PVC
SPARES (FUTURE USE); 1-1-1/2" PVC SPARE (FUTURE USE.) THESE
PIPES WILL RUN IN A NORTH-SOUTH DIRECTION (UNDER AND ACROSS)
THE RIGHT OF WAY OF 1700 BLOCK OF WEST BROADUS STREET (SEE
EXHIBIT "A" sheets 1 & 2); The location and description of said 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, Ordinance 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:
Four Hundred, eight-five and no/100 Dollars ($485. 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 �'-ond+ition acceptable
to the Director of Transportation and Public Works, or ,ii-- duly au norized
representative, and in accordance with then existing City specifications. It is
understood and agreed to by Grantee that if this Agreement terminates because
the Business ceases to operate 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 City streets, alleys, sidewalks and other public rights-of-way, including the
portions of such streets, alleys, sidewalks and other public rights-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 streets 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
streets for the use and benefit of the public. It is accordingly agreed that if the
governing body of City should at any time during the term hereof determine in its
sole discretion to use or cause or permit the said portions of the streets, alleys,
sidewalks and other rights-of-way to be used for any other public purpose,
including but not being limited to underground, surface or overhead
communication, drainage, sanitary sewerage, transmission of natural gas or
electricity, or any other public purpose, whether presently contemplated or not,
then this Agreement shall be automatically canceled or terminated.
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, <ERVANTS, 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:
Property damage, per occurrence $100,000
Bodily injury, per person $250,000
Bodily injury or death, per occurrence $500,000
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 restorat;- n. of the city streets. Ali 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.
s
After being recorded, the original shall be returned to the City Secretary of the
City of Fort Worth, Texas
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.
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 day of , 20VO .
CITY OF FORT WORTH, GRANTOR SOUTHWESTERN BAPTIST
THELOGICAL SEMINARY, GRANTEE
By: qBy: (iLRei ector, A§' t. City Managerrt R. Martin, Jr.,
V.P. Business Affairs
ATTEST: APPROVED S TO FORM AND LEGALITY
City ecretary Ass City Attorney
Contract Auth rizatioa
Date
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 Rleid-Rectcr, 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
-I�S-U �-,� , 20
Notary Public in and for the
State of Texas
KAREN EDWARDS•FISHER
Notary Public,State of Texas
My COfT1M;S510n Expires
May 07 2008
11
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 Hubert R. Martin, Jr., 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 Southwestern Baptist
Theological Seminary, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20
.r. ,.� Mine M. Bickerstaff
*
*i Notary Public,State of Tows Notary Public in and for the
JuN State of Texas
12
Exhibit A West Seminary Drive
Street Utility Crossing 1
1700 Block West Broadus St
Sheet 1 of 2
West Broadus Avenue
Legend
lo
Rv�M m
Proposed Utility
ICrossing
Fort Worth Hall Hall fffTTTOn
2009
Iwo Bowld
Music
Library
m
a �
j4 LLLw
Memorial Complex Garnbrell Street
2001
n Roberts
IIIJI\ Library
mTrIIIIII II =
VHHHHHIII11I111 s1e
V II111111111111111� O
I Price
IfIlITIIITIINIT�
Center
s
O �� Barnard Hall
C 7 QOl1T1m1T�
T
Centerter � Hall Student Center 45U 45
4520 4571
1
ife"'ay
Christian
Stone
n 4510
West Boyce Avenue
> Recreation
a
c Aerobics
P Center
m
4818
reslden
Home
1901
1701 WrSr
Spurgeon Street
4700/02 4700102 4701
® 4703 4705
Leadership
4708 4709 Development
Complex
® 4713 4712 47 2/14 1 �
4717 4717 7 6118
4720 4721 4721 7 22
U ai
--VA
U �
cn N
d xp a� >
Cd m x N o
> O bA U _
3.. Cd Cd
r E a� a� p U
N p �' o, `' fl UCd
O
cn
I �
..p
I Q O O
� � m
X x N
LV °' ° o -
(D m N
oo a) II
r D
to W
Q
U
I
I
I
I
I
'-Fxhmbmt 11�_-
ACORD. CERTIFICATE OF LIABILITY INSURANCE DATZI YT7
4/21 21/0/04
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF IN7 ORMATION
Wm. Rigg Co. ONLY AND CONFER3 NO RIGHTS UPON THE CERTIFICATE
777 Mein Street, Suite C-50 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY "I' POLICIES OVLOW.
Fort Worth, TX 76102-5333
817-820-8100 INSURERS AFFORDING COVERAGE
INSURED INSURER A: United Educators Reciprocal
Southwestern Baptist
Theological Seminary INSURER O: Hartfora Casualry Ins Co
P 0 BOX 22000 INSURER C:
Fort Worth TX 76122-0480 INSURER D:
INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER POLICY EFEC7IVE VO Cr I7(VIRATION LIMITS
I.TRA GENERAL LIABILITY CGL200300326000 8/01/03 8/01/04 EACH OCCURRENCE s L0000Oo
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Arty one fire) a 3000_00
CLAIMS MADE ❑X OCCUR I MED EXP(Amne oDersonl S 10000
PERSONAL&ADV INJURY L 1000000
GENERAL AGGREGATE s 3000000
GEN'L AGGREGATE LIMIT APPLIES PEA: PRODUCTS-COMP/OP AGG a 1000000
POLICY 7 PRO, LOC
B AUTOMOBILE LIABILITY 46UENUX7962 8/01/03 8/01/04 COMSINEOSINGLELIMIT
I( ANv Aero
IEa accident) S 1000000
ALL OWNED AUTOS BODILY INJURY
SCNI!DVLO AVTOS 10or Po,ao.1 '
L
X HIRED AUTOS
BODILY INJURY S
X NON-OWNED AUTOS i
IPer eccldenU
PROPERTY DAMAGE I s
trM acd aem
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTOOTHER THAN EA ACC S
AUTO ONLY: AGG S
A EXCESS LIABILITY GLX200300326000 8/01/03 8/01/04 EACH OCCURRENCE a 10000000
X OCCUR 71 CLAIMS MADE AGGREGATE a 10000000
S
PDEDUCTIBLE _
IX RETENTION_ S 1000000 _ S
8 WDRKERS COMPENSATION AND 46WEGE6375 8/01103 8101/04 T RY LJMR OTM
EMPLOYERS'UABIUTY
el.EACH ACCIOENr 1000000
C.L.D(SCAn EA WPLOYEE i 1000000
F.L DISEASE•POLICY LIMIT S 1000000
OTHER
OESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLFS1EXCWSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
CERTIFICATE HOLDER ADDITIONAL INSURED: INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF FORT WORTH DATE THEREOF.THE ISSUING INSURER WMIL ENDEAVOR TO MAIL 10 DAYS WRITTEN
DEPT OF DEVELOPMENT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SMALL
1000 THROCKMORTON IMPOSE No OBLIGATION OR UABAUTr OF ANY KIND UPON THE INSURER. ITS AGENTS OR
FT. WORTH, TX. 76102 REEA 9
AUTHNJ
■�■
ACORD 2" 17/87) 2-36 WACORD CORPORATION WT;
N 1% ■—
City of Fort Worth, Texas
Mayor and Council Communication
a"-5�"3�i � ;iA=E�'�.9�:�+e2w�"z-a�'s6Yi�.. .•, -•.:YS9".-`IAYa I'i�-?)�'/iti:RY[+Y.�iTF+q"!�.-�="iF'Sdd�W'P�L'."z;2.3Z".f1 ' rY.AYL'.".-i,::�Te�.•-•ty�5'CcYiarv.��u�:ax
COUNCIL ACTION: Approved on 7/6/2004
c:..-uu,.rs.,s+a�.Jwsm:. .xa�a.�a:•:ra� ._s.r.,� .,af ---"- _-___.x c «,::aa�rss ex'e:s.tisaaa. nr i.••�.•,,
DATE: Tuesday, July 06, 2004
LOG NAME: 06170OW BROADUS REFERENCE NO.: **C-20135
SUBJECT:
Encroachment Agreement with Southwestern Baptist Theological Seminary Authorizing Use of the
Right-of-Way for Conduits Under the 1700 Block of West Broadus Avenue
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a consent agreement with
Southwestern Baptist Theological Seminary authorizing use of the right-of-way for installation of conduits
under the 1700 block of West Broadus Avenue.
DISCUSSION:
Southwestern Baptist Theological Seminary, through its Associate Director, Mr. Wages Foreman, is
planning to provide irrigation to several lots owned by the Seminary. The plan requires installation of a six
inch sleeve (containing four conduits) under the 1700 block West Broadus Avenue. Although only one of
the conduits will be used at this time, the Seminary wants to provide spares for future use and eliminate the
need for additional installations in the future.
The Encroachment Committee has reviewed this request and recommends approval.
The encroachments will be located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Reid Rector (6140)
Originating Department Head: Bob Riley (8901)
Additional Information Contact: Bob Riley (8901)
Logname: 06170OW BROADUS Page 1 of 1
i{R.yyi11 Pfy•
i
i
CITY OF FT WORTH r ,
1000 THROCKMORTON ST i T AL
FT WORTH TX 76102
Submitter: CITY OF FORT WORTH
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 08/20/2004 01:27 PM
Instrument#: D204261174
WD 19 PGS $48.00
By:
1111111 IN 111111111111111fm 1111111111111111111111111111
D204261174
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR
RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.