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HomeMy WebLinkAboutContract 26778 { CONSENT AGREEMENT CITY SECRETARY 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 I I W o p acting herein by and through its duly authorized Vice Ce Pre s l a eyA . hereinafter referred to as "Grantee". WITNESSETH: 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 streets, alleys, sidewalks and other public rights-of-way as follows.- SionS in r b �- of- viaVarious lr)ca�on-) w '(+k,l n e iris c?kn '�uboliyiS on . �Nyy VCEFFAR 1 o W60 ��o 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 encroachment, use and occupancy shall be performed in strict compliance with the Charter, 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. Upon completion of construction 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". OWN RECOM INTY NUM,Ell V 20 4. Grantee, at no expense to the City, shall make proper provisions 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 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, 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 Cal CFi1C�AL 0QD ('41rY to City at the time this agreement is executed an application charge in the sum of Four kuv-Arf-� I Dollars ($ 7. The term of this agreement shall end at December 31, 2001 and commence on the date this agreement is executed by the Grantor. 8. Upon termination of this agreement for any reason whatsoever, Grantee shall, at the option of City and at no expense to City, restore the public right-of- way and adjacent supporting structures to a condition acceptable to the Director of Transportation and Public Works, or his duly authorized representative, and in accordance with then existing City specifications. 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, 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, alleys, sidewalks and other rights-of-way to be used for any other �FjB( k RECORD pr 4 l lea U7�}V:t llUp YEK. 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. 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 encroachments 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; 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 5 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. 14. 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 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. OPACC L EEO 6 15. 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 restoration of the city streets. All insurance coverage required herein shall include coverage of all Grantee's contractors. RECORD 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 so recorded, the original hereof 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 City, and any attempted assignment without such prior written approval shall be void. 19. This agreement shall be binding upon the parties hereto, their successors and assigns. EXECU ED s( day of - }LMn _ , 200. CITY F r W TH, GRANTOR ,GRANTEE By: _., By: Mike Groomer, Asst. City Manager ,An q --I— wQdd le, Vice- Pres idem APPR ED AST FORM AND LEGALITY City Secreta City Attor y Date: ZV / ' contract Authorization ( �{/alp pFCO© Date J 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 Mike Groomer , 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. GIV N UNDER MY HAND AND SEAL OF OFFICE this. day of 200 PATRICIA A GARCIA NOTARY PUBLIC State of Texas otary Public in •...... and for the 9t•' ,'�of...... Comm.Exp.03-31-2005 State of Texas CIA PECOED E M Ry 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 o"( o (e , known to me to be the person whose name is subscr6bd 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 I I I %inn , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20_ � hm,�A Notary Public in nd for the State of Texas _, An���55A J.WINE NotorY Public . s;^ e "s(`•, )+� StaExPires 4-28-2001 comm u NAIL EEO RD 10 ATM (R DATE (MM/DD/YY) �. .. IFCATE OFIABIL�TY INSURANCE 03/01/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services Texas, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CityPlace Center East HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2711 North Haskell Avenue Suite 800 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas TX 75204 USA INSURERS AFFORDING COVERAGE INSURED INSURER A: Great Northern Insurance Co. The Perot Group INSURER& 12377 Merit Drive, Suite 1700 Dallas TX 75251 USA INSURER C: INSURER D: INSURER E: COVI '' E Ihis:Cert►fieate I no#intended taiSi)MfvT1!endutseirient;,ctivera es,terms;'of ditions and ikelusions of-the pot/ e5 shciivrt� ,. :SIR May s-Appl ' 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 OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. INSR POLICYEFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICYNUMID:R DATE(,%I>MD1VY) DATE(MM1DDWY) LIMITS A GENERAL LIABILITY 02-3529-39-54 3/1/01 3/1/02 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Anv one fire) Included CLAIMS MADEX❑OCCUR MED EXP(Anv one Peron) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO, PRODUCTS-COMP/OPAGG $2,000,000 X POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (E■=idmt) ALL OWNED AUTOS BODILY INJURY (Per peram) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) NON OWNED AUTOS PROPERTY DAMAGE (Per amident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHERTHAN EA ACC AUTO ONLY: AGO EXCESS LIABILITY EACH OCCURRENCE OCCUR ❑ CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION S STAIU- OTH- WORKERSCOMCPENSATIONAND RY LQvtITS ER ENIPLOYERS'UABILrrY E.L.EACH ACCIDENT E.C.DISEASE-POLICY LIMIT E.L.DISEASE-EA EMPLOYEE OTHER Uj xi- DESCRIPTION OF OPERATIONS/LOCATIONS/VEIUCLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONSC RE: PERMANENT AND TEMPORARY SIGNS AT PARK GLEN SUBDIVISION, NORTH SIDE OF AS ISTA BLVD.,FORT WORTH, TX 76137. c rou mw CER : RICATE�H AfitELLAi,I©N �YJ�� �l �'f(� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE MRSA TION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF FORT WORTH 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. DEPARTMENT OF DEVELOPMENT BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY ATTN: JAMES F. MILLER of ANY KIND UPON THE COMPANY.ITS AGENTS OR'REPRESENTATIVES. 1000•THROCKMORTON AUTHORIZED REPRESENTATIVE C �e FORT WORTH TX 76102 USA A Certificate No: 250000059658 Holder Identifier: I� a b=?<t--r13 I i City of Fort Worth, Texas "nuor and Council communicalflon DATE REFERENCE NUMBER I LOG NAME PAGE 3/20/01 C-18506 06SIGNS 1 of 1 SUBJECT ENCROACHMENTS IN RIGHT-OF-WAY - CONSENT AGREEMENT WITH HILLWOOD DEVELOPMENT CORPORATION TO CONTINUE THE ENCROACHMENT OF DIRECTIONAL AND SALES SIGNS WITHIN THE RIGHT-OF-WAY OF THE PARK GLEN SUBDIVISION RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a standard consent agreement with the Hillwood Development Corporation to permit the temporary placement of signs in the right-of-way at the Park Glen Subdivision. DISCUSSION: Since December 14, 1993 (M&C C-14113), the City Council has authorized the placement of real estate sales and directional signs in the right-of-way of various streets in the Park Glen Subdivision. The authorization is contingent upon annual approval by the City Council. As the subdivision has continued toward "build out", the developer has moved and replaced some of the signs according to business needs. The Hillwood Development Corporation is requesting an extension until January 3, 2002. They expect "build out" to be completed by that date, and have informed the City that this application should be the final application for signs in the right-of-way. City Council approval of this request would extend the conditions contained in the original consent agreement. The encroachments are located in COUNCIL DISTRICT 4. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. MG:k Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) /1 Mike Groomer 6140 APPROVED CITY COUNCIL Originating Department Head: C Bob Riley 8901 (from) MAR {�(20 2001 Additional Information Contact: �&-lXre-.. City Secretary of the Jim Miller 8176 City of Fort Worth,Texas M ®m o - . Is Now ir -r ,._ gas cam o� IS map JOIN 11 kill AN MAP �.r ' to ��' � �t/�`' • '� �. � ►� ' _- � • � O 'lr1111MI .f�11111r11/11� vI11111p1111 D. Mv � 1 �+ _ +► _ I1�It—Ilil NEW,1111111 1 - N . d 1=WIN 'A'-11,..ami •�11 • �t : amu_ 1._ _ �- /wa • .:--nnl i►�mmlmw 41�unnnunit► �► ;•► '� � Gilr 1111 �u� ..MINI � "� �11�: .•.5�i( '� '� J� 11111n1111����a4f � � � �.<•` Ill�♦ .illi ►:Inm/Ilnll am�. N,A_In1�n� �ilnlnel? NUM HIM ----------------------- Mason nM on i Retail Site Animal I \\� — Clinic I n La Petlts I rn Academy !� I 6 [ 1 i i THE FALLS M1eeN Nm�Ra \� 2 I 1` + i x/ � O I ~ 0 Future 2 m\e Neighborhood o Retail o J Residential l I I I If t Residential i Fxk;6 i+ A C�Fp�oC9k�d���i�M PARK GLEN SIGNAGE PROGRAM Residential tG�2� QN Sign r Description Size lnatlm Blk d p ,fir 1 Welmme 3'X 5' N.Basswood ROW,at Mesa Verde Tr. 5600 THE VILLAGES OF 2 Models 3'x 5' N.Basswood ROW 100'E.Tal Dr. 5000 3 Modals 3'X 5' S.Basswood ROW VE.Tal Dr. 4900 4 Models 3'X 5' E.Park Vish ROW 675,N.Momlen Tr. 7650 5 Models 3'X 5' E Park Vida ROW 30'N.Yellowstone Tr, moo a r _� e n 6 MTx X 5' W.Park Vista ROW 30'N.Basswood 7400 7 Models and Pricing B'X B' N.Basswood® Park Vlsh Median 5300 8 Models 3'X 5' W.Park Vis.ROW ® Desert Falls Dr. 8400 a a a a a a 9 Models 3'X 5' E.Park Viso ROW ® Hibbs Dr. 8300 A Mastetplanned Community 10 Models 3'X 5' E Perk Vlsh ROW 30'S.Desert Falk Dr. 8350 (972)713—2000 / 1 REVISED DECEMBER 2000 1/*'�_.] Plan is IIlustrati"of Devslopmerdonce Cpt V I I —1 8 Subject to Chnnge Without Notice