HomeMy WebLinkAboutContract 19625 CITY SECRET RY
CONTRAU No,m
CONSENT AGREEMENT
THE STATE OF TEXAS § APR u 01
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 Assistant
City Manager, Mike Groomer, hereinafter referred to as the "City",
and Hillwood Property Company, acting herein by and through its
duly authorized Vice-President, Richard G. Patterson, hereinafter
referred to as "Grantee".
W I T N E S S E T H
1.
For and in consideration of the payment by Grantee of the
application charge set out below and the true and faithful
performance of the mutual covenants herein contained, City hereby
grants to Grantee permission to encroach upon, use and occupy
portions of the space under, on and/or above the public streets for
those purposes and at those locations described in Exhibits "A"
through "C" attached hereto. Said Exhibits "A" through "C" are
incorporated herein by reference and are to be considered as a part
of this instrument. OFFICIAL RLCoRb
2. CITY SECRETARY
All construction,'maintenance and operation in co.W vkthf
such encroachment, use and occupancy shall be performed in strict
compliance with the Charter, Ordinance and Codes of 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 therefor 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 the preparation of such plans
and specifications.
3 .
Upon completion of construction and thereafter, there shall
be no encroachments in, under, on or above the surface area of the
streets and sidewalks involved, except as shown on Exhibits "A"
through "C" .
4 .
Grantee, at no expense to City, shall make proper provision
for the relocation and/or 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 any installation,
reinstallation, relocation or repair of any existing or future
utility or improvements owned or constructed by or on behalf of the
public or at public expense is made more costly by virtue of the Pz .
nAi
construction, maintenance or existence of such encro OR
use, Grantee shall pay to City an additional amount eq�ATUF49JARY
IEX
additional cost as determined by the Director of Transpo�$lt gr, � df •
Public Works of City, or his duly authorized representative.
2
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, City shall bear no responsibility
or liability for 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 might incur as a result of the
construction or maintenance of the encroachments and uses provided
for by this agreement, Grantee agrees to pay to City at the time
this agreement is executed an application charge in the sum of
Three Hundred Dollars ($300.00) .
7.
The initial term of this agreement shall be twenty-five (25)
years, commencing on the date this agreement is executed.
8. I OFFICIAL RECORD
It is further understood and agreed between thea jf*eW; hereto
that the City streets and sidewalks, including the po eBDns i "such
streets and sidewalks 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
3
power to control the streets for the use and benefit of the public.
It is accordingly agreed that if the governing body of city, to
wit, its City Council, 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 to be used for any other public purpose,
including but not being limited to underground or surface
transmission of natural gas or electricity, or any other public
purpose, whether presently contemplated or not, then this agreement
may be terminated by the City as to that portion of the street or
right-of-way that is affected by the change in use, but shall
remain in effect as to all other portions of that street or right-
-of-way that are unaffected. City agrees to make reasonable
efforts to minimize the disruption of Grantee's operations as
described herein and to make reasonable efforts to assist Grantee
in the relocation of said encroachments.
9.
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. MCIAL RECORD
10.
s
Grantee agrees to comply fully with all applicagle federal,
state and local laws, statutes, ordinances, codes; or regulations
in connection with the construction, operation and maintenance of
said encroachments and uses.
4
11.
Grantee agrees to pay promptly when due all fees, taxes, or
rentals provided for by this agreement or by any federal, state or
local statutes, laws or regulations.
12.
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; that 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; that 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.
13.
Grantee covenants and agrees to indemnify, and does hereby
indemnify, hold harmless and defend City, its 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 encroachment and uses granted
5
hereunder, whether or not caused, in whole or in part, by the
negligence or alleged negligence of the City, its officers, agents,
employees, contractors or subcontractors; 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,
whether or not caused, in whole or in part, by the negligence or
alleged negligence of the City, its officers, agents, employees,
contractors or subcontractors.
14.
Grantee agrees, binds and obligates itself and its successors
and assigns to maintain public liability insurance, naming City as
co-insured, covering all risks related to the proposed use and
occupancy of public property as located and described in Exhibit
"A". The amounts of such insurance shall not be less than the
following:
Property damage, per occurrence $100,000
Personal 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 covenants and agrees to revise such amounts within thirty
(30) days following notice to Grantee of such requirement. Such
insurance policy shall provide that it cannot be cancelled or
6
amended without at least thirty (30) days' prior written notice to
City.
A copy of such certificate of insurance is attached hereto as
Exhibit "D" . Grantee, its successors and assigns, agrees to submit
a similar certificate of insurance annually to City on the
anniversary date of the execution of this agreement.
15.
Grantee agrees to deposit with 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 and/or Denton County, Texas. After being
so recorded, the original hereof shall be returned to the City
Secretary of the City of Fort Worth.
16.
This agreement shall be binding upon the parties hereto, their
successors and assigns. Grantee may assign its rights and
obligations under this agreement, in whole or in part, only with
the prior written consent of City. Contemporaneous with and as a
condition precedent to said assignment, Grantee shall require the
assignee to execute an agreement acknowledging that it is bound to
and by the terms of this agreement the same as if it were the
original grantee to this agreement. Subject to the execution of
said agreement and acknowledgment by the assignee, Grantee
thereafter shall not have any liability under this agreement with
respect to any facilities installed by an assignee of Grantee or
with respect to any facilities assigned or conveyed by Grantee to
7
an assignee after installation.
17.
Grantee may terminate this agreement, in whole or in part,
upon thirty (30) days' advance written notice to the City. Upon
termination, Grantee, at its sole cost and expense, shall return
such streets and rights-of-way to a mutually agreed condition, or
if Grantee and Grantor cannot reach agreement on such mutually
agreed condition, Grantee shall remove, at its sole cost and
expense, all facilities or improvements installed hereunder and
return the right-of-way to that condition which existed immediately
prior to the installation of said facilities and improvements.
18.
City may recover interest and reasonable attorneys' fees in
any action it brings for enforcement of the Grantee's obligations
under this agreement.
19.
Should any action, at law or in equity, arise out of the terms
and provisions of this agreement, or the performance, attempted
performance, or nonperformance of same, venue for said action shall
lie in Tarrant County, Texas.
8
Executed this &day of � , 1993.
GRANTOR: GRANTEE:
CITY OF FORT WORTH HILLWOOD PROPERTY COMPANY
J
By: -` .,., BYo.* 110,
Mike Groomer R chard G. Patterson
Assistant City Manager Vice-President
ATTEST: ATTEST:
City Secretary Corporate Secretary of
Hillwood Property Company
APPROVED AS TO FORM AND LEGALITY: - /A 1/, /l
Co traot Authorisation
AUANqwAPj City Attorney Date
Date:
. il RECORD .
CITY ►Y
Fl. WORTH, TEX.
9
STATE OF TEXAS S
COUNTY OF TARRANT S
BEFORE ME, the undersigned authority, a Notary Publi i-n and
fo /Ithe 5tate �,o�f-.T. exas, on this day personally appeared c.Q�
ll ,Vl �l , known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to
me that the same was the act of the City of Fort Worth and %hat
he/she executed the same as the act of the said City of Fort Worth
for the purposes and consideration therein expressed and in, the
capacity therein stated.
GIVgN WDER MYHAI D SEAL OF OFFICE this day of
194t
f��A/�� M�/yu�
tpAY: Y.11YD�JV1�
Notary P"Ic
4 STATE OF TEXAS
Notary Public in and for
My Comm.Exp.ALY21 M4 the State of Texas
STATE OF TEXAS S
•
COUNTY OF TARRANT S
BEFORE ME, the undersigned authority, a Notary Public in and
for the State of Texas, on this day personally appeared P- ,v1
R-t-(,t'S61' , known to me to be the person whose name is
subscribed to the foregoing instrument, and ackno ledged o me th t
the same was the act of jc �C�IC,
and that he/she executed the same as the act of said
for the purposes and considera-
tion Ithereln exp ess and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
+S"pY"pGe J A- WM-, ZLA
/\, V
orf~' JEANNE L.DENOLF No Public in and for
.i
} Notary Public
State Of Texas the tate of Texas
a,e oftE+,,•' MY Comm. Exp. Feb.22, 1995
RECORD
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R=44% FROM HILLWOOD DEVELOPMENT 1 214 788 3096 03-17-93 09:25AM P002 tt29
City o�f Fort Worth, Texas
ay �iCouncil Communication td
DATE R FER E NUMBER LOG NAME PAGE 03/30/93 **C-13760106EAGLE 1 of 1
SUBJECT I R.O.W. ENCROACHMENTS AT EAGLE PARKWAY AND STATE HIGHWAY 170
RECOMMENDATION:
It. is recommended that the City Council authorize the City Manager to enter into a
consent agreement for landscape improvements with Hillwood DevelopmentCorporation.
DISCUSSION:
Hillwood Development Corporation, through its Architect, Kirk Voich and Gist, is
planning to install landscaping and a monument sign at the intersection of Eagle
Parkway and S. Highway 170. The improvements will also include an irrigation system.
The Encroachment Committee has reviewed this request and is recommending approval .
MG:j
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: to
APPROVED
Mike Groomer 6140 CITY COUNCIL
Originating Department Head:
MAR 30 1993
Joe Bilardi 8901 from
For Additional Information City secretary of the
Contact: City of Fort Worth,Texas
Joe Bilardi 8901
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