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HomeMy WebLinkAboutContract 26799 CITY SECRETAMyq ?N-r9ACT NO. -M7! CONSENT AGREEMENT 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 Vo o d acting herein by and through its duly authorized Vi ce Pres ein�T_ A nae Ica T. W=181e . 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: SiQn.s in r. _ a . ... dciae- rnixe,8- CNNuse- F1�, X)ELITH TEX. Amok 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". OFFMA d �;)E uQD �(����7�rp�U�y��'���� 2 U l'n 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 NOjw��U�iISIIWp 3 Pia pKU<iUHo fag �. i �C to City at the time this agreement is executed an application charge in the sum of 06 o VDollars ($#50 . 7. -Iwo (z) The initial term of this agreement shall be thirty�3Q�year -, commencing on the date this agreement is executed. 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 I��o?�`lr C���Ilyvp'M��ISUW��yU 4 tic Vl�l�U'7VWo �15G10 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 Alftk 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 ����,I p ly v 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. ANNA, � DCIA PECOORD � ��11 �+p��'�q°�Qq� 6 Fc 1�a'iI tUW, 81S�1e 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. 0JFFOCaG°�I _[10Q CR�C� G�?� IF U15GIIH, pEX 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. EXECUTEDRFR 4'tdayf ire , 2061. CITY FO W pp ,GRANTEBy: By ike Groome , sst. City Manager p a d AVE .� APPRO D AS T!fa,FORM AND LEGALITY etary City Attor yAIMIk Date: Contract /^Authorization g Date11� h p uQD 'INN, Nh'W�11WW U Ff._W 06- G'7H9 TCR. 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this a�day of 20c. cr _ ROSELLA BARNESNOTARY PUBLICNotary Public in and for the state of Texasmm.Exp.03-31-2005 State of Texas Il leo VL�II':�UUO ��o 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 L)of-id T ti,rj(addl�, known to me to be the person whose name is subscribrdd 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 WOCA and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this [ day of 20 otary Public in a�o for the State of Texas t; �,.�'•'� MELISSA •, WINE Notary Public State'? '� Comm.Exp^es a 28 2001 N3m,Ry 10 LOCATION OF REQUESTED SIGNS EXHIBIT "A" 1. (On separate request to Board of Adjustments) ON FOLLOWING SIGNS, WE REQUEST SIGNS TO BE INSTALLED 5 FEET INTO THE CITY OF FORT WORTH'S RIGHT-OF-WAY(FROM BACK OF CURB 2. 13'H X 8'W, non-illuminated single-sided sign, 300 yards east of east I-35W service road, on south side of Park Glen Blvd., at 3000 Park Glen Blvd. 3. 13'H X 8'W, non-illuminated single-sided sign, southeast corner of Old Denton Road and Park Glen Blvd., on south side of Park Glen Blvd., at 3500 Park Glen Blvd. 4. 13'H X 8'W, non-illuminated single-sided sign, southeast corner of Park Glen Blvd. and Courtright Dr. on south side of Park Glen Blvd., at 3650 Park Glen Blvd. 5. 4'H X 4'W,non-illuminated single-sided sign, 20 feet west of Cogley Dr. on south side of Park Glen Blvd., at 3524 Park Glen Blvd. 6. 4'H X 4'W, non-illuminated single-sided sign, 30 feet east of Cogley Dr. on south side of Park Glen Blvd., at 3604 Park Glen Blvd. 7. 4'H X 4'W, non-illuminated single-sided sign, 113 feet east of Cogley Dr. on south side of Park Glen Blvd., at 3612 Park Glen Blvd. 8. 4'H X 4'W, non-illuminated single-sided sign, 188 feet east of Cogley Dr. on south side of Park Glen Blvd., at 3620 Park Glen Blvd. J Fxh;b►f °A" HERITAGE to Alliance The Path of a Lifetime. ¢ t f .IH I$AylNlrirdY I FTA 1700} Keller and Highway 377--0-- 114 `✓f urY j of Heritagsi u' Model LocationsT 11AOf71'1 i r Y � � �'•'=^Gar: . � � ! Community Center O 'lsr e `Model Locations A I y di JL EI�mMbry School . I ' Rrltl�nlW(73'bt.) r hMarlWl(9O'-a3•bb) �� �" RrIWn3d(30'-86'bb/ E fF.ry 111ttl0 If W Wry i1NltlMtbl � I F a MuN-FSmly Honr3 I p EbmontarY School R.WN l+' ■Comm�rubl � i y'' -IJ. ■Lrla.eoo✓ar..r.ap-w ' OFF ICCIA6 'r ueO@ S �.. Communay PrM3 Z Sir- to downtown Fort Worth For mor.Mform33on an h-- .t em«w Hw11apP,oall(972)713-2000 ` � �rr1Y1 w•on our wb YN N � r-'~3, lulww.WlY1CNNY.com �Y•n+rYrAw.�w.W.w.swsysrawWn _ �+ WNr�rrYewarroY s+s •,1 � p � , ��rr.EYP wan+�s�r.�emsp+i rh+w r MM nr•slr�+ rr.'+Y�r�s+anw aq.+ws.pv vers. MAY 23 '01 11!00 FR AON—DALLAS 214 989 2329 TO 918178718110 P.02/02 D... wwffw-""'� DATZ (MIDDIrY) x',- ,� �kr; 03ACDR /OU01 PROs°� TUN CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services Texas, Inc. ONLYAND CONFERS NORIGHTS UPON THE CERTIFICATE 2711 .Nortlace center ke last HOLDER TEi1$CERTIFICATE DOES NOT AMEND,EXTEND OR x711.N80Lri Haskell Avenue XLTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 800 Dallas 7X 75204 USA INSIJRERSAFPORDr4GCOVERAGE INSURED L45UMMA. Great Northern Insurance Co. The Perot Group L43CMHLB. 12377 Merit 0:ive, Suite 1700 Dallas TX 75251 USA UMURERC INSURER D' NSUM E: TK POLICY ES OF IN STJR.ANC7r LISTED BELOW HAVE 9lEN LSSU6A TO TPS INSURED mmw A vE FOR TELE POLICY MaOD INDICATED, NOTWITHSTANDINGANY R1;Qf RMAENT.7ERMORCONDCNTONOFAKYCONT1tACTOROTHERDOCUMEN7WTIHINSPECTTOWHIC14THISCER77FI ATE MAY BE LS SUED O R MAY PERTAIN,THE INSURANCE AF FORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TYIE TEP JvZ.EXCLUSIONS AND CONDMONS OF SUCH POLICIES.AGGMEGATE LIMITS SHOWN MAY HAYS BEEN RF17lX1:.D BY PAID CLAIMS. IYSK r'OWCyTmCmT MUCY11MRAIM LTZ rjrrE or VVJURANCE POL[CI'NUYDLl DATiOfR'IYDIYYI DATLpYFRPmY41 LLMI'T6 A GEN2J"LIAZLLaYY 02-5629-39-56 _!11 1 7!1/02 EACHOCCUFAMNCS sl,00a,0a0 X COW96MC1AL G DdM.kL LLU1LnY FDZP DALlAOS(M a,e Srel wR Included CLADd3 MADE X1 OCCUA M3M EQ'(Aur we uaml $10.000 PELiOKAL A Aby RMAY $1100010CD CE3I AGGRE.GAT6 $2,000,D00 GENLAGGREWTHLMUYAM=Vft MOOVCIS-C010WWAGO $2,000,000 XPRO• POLICY l9LT ❑ LOC AUTOWww"LLU lin COU&INMIJKLELMT ANY ALRO (E..eoaep ALL OWNED AUTOS BmLT INN RY SCILFIILIL.FD WT05 (Pr prwr) ummALI7OS - BOO(LYINIURY NON OWNED AUTOS t*, ) PROPSIN DAMAGE for Awa) GARAGZ L]A nM AUTO W&Y-EA AXWENT ANY AUTO WHERTHM EAACC A(JrOa1.Y: ACG rxcrss L.Wni'TY E+►CKOCCLJZRQiC� C11D4 MADE AGGREGAT4 DEDUCTTYLF RL'TL7+rT10N 6 WORm=cn.%ft%mT10NAw [ STATU• OIII- TAITLOTOH'1lAR1dY �'� LLL EACH ACCNC!•TT EJ..DI9EA9z4K JCY LDIUT El DHEA UVWYEE OTHER Z)ML MON OF OPERA tONW DCATIONW=CLESSXUUSLOM ADDED HY W4D0YT.'SMaAL PROVISIONS RE: Signago Agreement - City Of Fort Worth/Heritage FGDUGD AtiY ff iHEABOYB DfiBDpR+D soUCGD iE[ANL�[.LED ZET-0RETHE 67adtA�Dv! DATE TMMSW,7L(f ISYJIII[i COMPANYWLLL DMEAVORTO MAIL City Of sort Worth 30 dAYSY,RLrMNO=TOTKEC RTWICATEHOIDFRNAj4W10TML.FFI', Departcent of Developmens aurrADL7(cTO00S0OL4LL MM3980CDLJ*ATWNORUABUMV Atte: James F. Miller OF ANY mmuPOHTmzCOMPANY.MAGENTSoitRIP ENrATNEs. 1000 Throckmarton AUTIK)R=jFYRE$ENTATIV21 Forth Orth TX 7610$ WA Cercincate ND: 250000059720 Hvryci i�wwP.' TOTAL PAGE.02 ** City of Fort Worth, Texas 4bolvor and Council Communication DATE REFERENCE NUMBERPA 4/3/01 C-185FLOG NAME GE 33 06SALES 1 of 1 SUBJECT CONSENT AGREEMENT WITH HILLWOOD DEVELOPMENT CORPORATION TO AUTHORIZE THE ENCROACHMENT OF DIRECTIONAL AND SALES SIGNS WITHIN THE RIGHT-OF-WAY OF THE HERITAGE 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 permitting the temporary placement of signs in the right-of-way at Heritage Subdivision for a period of two years. DISCUSSION: On December 14, 1993 (M&C C-14113), the City Council authorized placement of real estate sales and directional signs in the right-of-way of various streets in the Park Glen Subdivision. The authorization was granted contingent upon annual approval by the City Council. The Hillwood Development Corporation, through its Vice-President Angela T. Waddle, is requesting permission to place similar sales and directional signs within the right-of-way at Heritage Subdivision (see attached map). The application is identical to previous ones at the Park Glen Subdivision. The applicant has requested approval for ten years because that is the projected period for "build out". However, the Encroachment Committee feels an approval for ten years could be construed as a permanent encroachment, and therefore the City Council should have an opportunity to review this encroachment on a bi-annual basis. Each sign will be required to have a separate sign permit. 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) Mike Groomer 6140 APPROVED Originating Department Head: CITY COUNCIL Bob Riley 8901 (from) APR y�1 U 2001 Additional Information Contact: u. ltJ City Secretary of the Bob Riley 8901 City of Fort Wortl%Texas