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HomeMy WebLinkAboutContract 26810 ITY CON RACTE o Y g �7 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 Q�b"�,�� . 1n.--tom•; e�-- C�e�x-tis 1ri,n�.�`-�e-� �b�.T, acting herein by and through its duly authorized _ P6 k� 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: t7 vs-L+n °l-' TY, N!(eAG�C�S��1ky 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". 00 M 2 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 G?�WO FCS. to City at the time this agreement is executed an application charge in the sum of Three Hundred and thirty-five Dollars ($335.00). 7. The initial term of this agreement shall be thirty (30) years, commencing on the date this agreement is executed by the City of Fort Worth. 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 4 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 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 a 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. �I���:.CII7�111I1V'unrU'eYIr�11��q�Q 6 ' K "��I ftlUU 0Dl 11a 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 3 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. ni,a^. r• �LyW. r� 7 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. EXECUTED s day of , 2-00/. CITYUFT RTH GRANTOR V- RANTE By: By: Mike Groomer, Asst. City Manager EJ � MAL TT T: APPRO D S TO FORM AND LEGALITY a: ,U__` City Secreta City Attofney 0, _ IMI Date: Contract Authorization � ltiUO � ', Date �Dlcoo© 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 )5� day of S � , 20_9 PATRICIA A GARCIA I2?'..... `1°'• NOTARY PUBLIC tary Public in and for the N9F state of Texas State of Texas QF: +` Comm.Exp.03-31-2005 r ^ u�lf�'U K�''V`_R ��o 9 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a N tary Publi in ato the State of Texas, on this day personally appeared n 0,�y. known to me to be the person whose name is subscribed to the foregoMg instrument, and acknowledged to me that he/she executed the same for the purposes and consideration rein expressdas the act and deed of DoLq&k� fC b �"UI.Q.� Z��, and in the capacity therein stated. I GIVEN UNDER MY HAND AND SEAL OF OFFICE this 154h day of , 2001 ,nr TAMMY MICHELLE M00RE Notary Rt�Ic STATE OF TEXAS � b Notary Pu in and for the caam.�°'o1i31�2004 ry State of Texas P� 10 South Mair. Partners, Ltd. 120 So. Main Outrigger flagpole layout 518" Fip. A: side view 8' Flag no closer than FLAG 14' to ground; max. O length is 5' "The Flag People" Building: 20' tall Base: 15' from ground Sidewalk width: 9' cI�UWP South Main Partners, Ltd. Outrigger flagpole layout Fig. B: top view Building width: 100' 25' from ,`�► 25' from l -� corner Outrigger Poles corner aY 18 2001:.10 314, ,.COSTLOW WILLIAMS ASSOC �Io �1 i S � • _ 1 '. .. u n Tom• ) i 1 17ATG(IwlL/p0/YY) �: ,'0' NdFp%a.. «>Y?w.fP.k•�.it a:3.. #;'�': s;b>. .. ir.. L,:.. f,3.£... Fla u: r.hU,,:v`•• `�'a). + •<. , .x. )'4.•: �Jf�- �. 14tOIriIGKfI THIS CERTIFICATE IS ISSUED AS A MATTEIH OF INPOWATION C�STLOW- WILLIAMS & ASSOC. INC ONLY ANO CONFLRS No R-MIH7 Iy UPON THE OMITWICATC FIOLDEFL TI•IIG CER"MCATE DOLS NOT :h MEK10, EECTONO 0;1 P.O. Box 90402 ALTER`rijL CO•rdL$%GF-AFFORDED 137 THE POLICIES (M-LCIN. Arlington, TX 76004-3402 CONPANIE3AFF01110MGCOYr;" QE cx3MNANY _ _--.. _.---- _.. ._._. ....._.. A ASSURANCE')_COMPANY OF AMtRICA cxuMwurr SOUTH MAIN PARTNERS, LTD, 13 212 S. MAIN OOMI4AW FT. WORTH, TX 76104 _ COMPANY i. p ..:,• i ''f N, ir:: is tea:. } Et �9 :•c.. :r.l:i; .0 •s wrr� )� 3.. r ..a z t'u'Y Y i??1��...)�•,. �?:Ai;§:f.v:gF:>•3.7>:'.4�.�,�...iT.o. i� 4:'.��'ii�'w`,}.::i::?i:ii&:i�!>:.s:..$,•.�✓;ttra.. .��:. ::L..�. ..:...:f.P...�.::. r�..�^�•: !o-:.:. ..:1..,. THIS 18 70 OERTIFY THAT THC POLICIES OM'INSURANCE US'rC()BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR nI5 POLICY P11F.I00 INDICATED,NO W THISTANDINO AW REQUIREMEWT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH nCbr'C-C r TO WI Ila 17HI8 CERnrICATS MAY RE ISSUEC OR MAY PERTAIN,THC INSURANCE AFFORDED BY THE POLICIES DC3CriISE0 HEREIN IS SUG::ECT TO ALL INS TERM$, ID(CLUSI>!NS AND CONDMONS OF SUCH POLICIE3.UMI're SHOWN MAY I'IAVE BL--C N REDUCED BY PAID CUUMS. CO TYPE OF IN'dUPyUI I - - POLICY NUBMDEA LPLILFI%1f EfPECITVf! POLXSY'F�II�MUkTIO?1 i LINI'ftr .� m (LATE tMMMQ" DATE(ttYA7RrPM L�iErM LIAOU rY G=W MAQG1:F SATO Ie 2/ 000, 00( PA XI COMMS%3&Q5 NEPAL UAHUTY I 04 218 314 2 02/13/01 02/13/02 �Iio0UC7s caNi�tor A0�I o 2 U 0 0, 0 0 _J CL IVUR MADE l j OCLY.IF F rBONA�a►JTif NJtAiY s 1, o o 1, 00C OVHNI:rfS&OON1'rvcTcH'G 1110Tj mm O=FIW:N=_ a 1,00Q, 00 I ' FIFE OM,=5(ArH Inoiirat1$ j, 00 0, 00c 7)Lara IAr.y tma i>tirHcm; 000 AUTOMOWL£UADILITY ANY AUTO !— ")WINM- SINCRA I11191" 0' ......� I ALL OWNLIO AVMS Set1;t7u=AUTOS I I G'orPe��l. 16 HOW AUTOS � UOUILY INJjW J KMOWNEDAUr08 C*MA=UIUUTY I AUTO ONLY•F�1 ACC7L1Ci�rr I 0 ANYAUR7 L7I1 EnTl f AL1I* ONLY; j I. ..... ....-. co;<a;�:•>i:`..�n:4.:c.;i>�}:::.:is t. � . .A0Qt4%m'1r L j E=38 LWFUlY ElK.11'I LX'.CJfiH:NOr C UML3IE.LArcr1M I AG(*CXAATE Y �.. OTHER MAN UMi11iL'.L 1A FOHM �- `�. .._ ... 10 . WOAK9n11CU1U1FEAeATIOMAMO I I IL'• •�vli "'•'j j,1 : t ICIdIR.DYQTC'LU19111T' 1D1'IY1JMrl'S I,L=F� ..:.,_::�..............,.r'„r•�.•,�': _ �-Ei E:ALy I ALX:IJEN'I' 0 "1ItiEPF1Di�F11FlT)ri/ ! . INCL � �ELUIHCABE-I+OucYLJ1111T (.s. E I I'ArT1NEFi,yL•XL"L-.::'TIP � ._. � . OFFICE118ARE: E7S.l.i E101F]GASL'-GI:N11lUY�l?. 6 oTIIEn AA�108-120 S.MAIN +Q42183142 IO2/13/01102/13/02IDLD LIMIT $780, 000 I I DEM:IVIVNOf'OPMTIOWPU ATIMIWVEHICLESMPECIALITEMS - FNCROACHMENT OF FOUR FLAG POL93 OVER S Il)EWALK AT 108 TIiROUGH SOUTH MAIN ATTN t JIM MILLER FAX#817-8 71-8116 CERTIVICATE HOLDER IS NAMED AS ADDITZINS Z. :p-��, '4 .6',::7• •d.,is kst. t�11�'<o rt. ;r <:'_��.ce{( —�'"!,':'' :\..'�I;�.• :13t' $.lSt **1)!� Itr• i1:..b,,1. , h::as ..a•Y �f: 'i'• •i:iG: 'r.• • ......>.}:r.S .._..: 5-.f p.. :,.L. 1:•Jl ., .r:.t uL. i,.,a :i.�.:.,R .,r�..).1..a 5 ,• 3ro....,i:iiLs:S� MIIOULU ANY OF DIX AOOYE UEOCMUw POLICIL'R Df?CJUIC.[i I r4 flGP01'Yw TILE MWIRATOM DAT-w 7HEREOP, TIIE 11MUING COMPANY WILL ENULIAVOI7 TO MAIL CITY OF FT WORTI3 I•_DAYS WRITTEI W.)T1C8 TO 711E CEIMFMKir-IIOUXTI MAN MQ 10 1757 LEFT, DEPARTMENT OF DKVLOPbMNT BUT FAILUr18 TO MAIL SUCH NOTICE fMllAI.L WOOF:NO U3UOATU311 Oil LWFILnv 100 THROCKMORTON OF ANY KIMD UPON THE COMRPANV rM AaEM Lai nPVr{E3r-.ILTArrvra F'r WORTH, Tx 76012 AUTI MEhTIE98NTATM t f:.da ( f, .;<•>:,S p :di:}7.;..lr�rl`#:.. i(1 �!:, •i!4 a.) .r> 'n ^.i•• :,:, •ayaf.: 5. ..+. '}, • '� �. '"rr.r Asa ON �j �' •.sr4 ':i ' : �'�•.k4���..,.•.. 4�.,ir�. ��:r:tr�i...`�.y,,,:><:::. s .� ..;..,,�i;r.......'�,�,.k:•.}:t•,a�. i`�i:i�k`;�::�• ''^��•• �� '•�'�." '�t�'•t��i •'�, ,:��u!�3r�'' :E's•.��• City of Fort Worth, Texas 4voloor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/1/01 C-18579 1 06FLAG 1 of 1 SUBJECT ENCROACHMENTS IN RIGHT-OF-WAY - CONSENT AGREEMENT WITH SOUTH MAIN PARTNERS, LTD. AUTHORIZING INSTALLATION OF FLAGPOLES AND FLAGS ON BUILDINGS AT 120 AND 126 SOUTH MAIN STREET RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a standard consent agreement with South Main Partners, Ltd. authorizing installation of flagpoles on buildings at 120 and 126 South Main Street. DISCUSSION: Mr. James Eagle, President of ABC Flag Corporation, General Partner of South Main Partners, Ltd., is requesting permission to install four flagpoles, two on each building, at 120 South Main Street and 126 South Main Street. Flags will hang from the flagpoles and are also considered to be signs. The flags are identical to ones installed at 212 South Main Street. The base of flagpoles are to be no closer than 14 feet to the ground, and the outer tip of the supporting pole will project approximately 5 feet, 8 inches into the right-of-way from the face of the building. The Encroachment Committee has reviewed this request and is recommending approval. 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) APPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head: Bob Riley 8901 (from MAY 1 2001 Additional Information Contact: City Secretary of the City of Fort Worth,Texas Bob Riley 8901