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HomeMy WebLinkAboutContract 25322 i f y 50RETARY o- -��� CC7WRAC T N©. 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 Camp Bowie Partners, L.P. , A Texas Limited Partnership acting herein by and through its duly,, authorized General Partner; Camp Bowie Capital, Inc. , Vice President, Bill Belton 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 per- formance 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., sid lks and other public rights-of-way as follows : ncroachment aerial-esseinent, 15 ft. wide by 19.37 ft. high to the underside of a pedestrian bridge connecting apartments on either side of a 16 ft. ublic alley connecting to Boland Street on the west and Arch Adams Street on the east. omo c � CRY SCI RN Il 0GsoH1EK% R The location and description of said encroachment is more particu- larly 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 therefor shall be subject to the prior written approval of the Director of Transportation and Public Works, or his duly authorized represen- tative, but such approval shall not relieve Grantee of responsi- bility 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 , 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 City, shall make proper provision for the relocation and/or installation of any existing or future 2 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 polit- ical subdivisions . In the event that any installation, reinstal- lation, 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 con- struction, 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 hia. duly authorized representa- tive. 5 . City may enter and utilize the referenced areas at any time for the purpose of installing or maintaining improvements neces- sary for the health, safety and welfare of the public or for any other public purpose. In this regard, City shall bear no respon- sibility or liability for damage or disruption of improvements installed by Grantee or its successors, but City will make reason- able 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 con- struction 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 Thirty Five Dollars ($335.00 ) . 3 7 . The initial term of this agreement shall be thirty ( 30) years, commencing on the date this agreement is executed. 8 . Upon the termination of this agreement for any reason what- soever, 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 repre- sentative, and in accordance with then existing City specifica- tions . 9 . It is further understood and agreed 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 public rights-of-ways to be used for any other public purpose, including but not being -limited to 4 i i i underground, surface or overhead communication, drainage, sani- tary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, then this agreement shall be automatically cancelled and 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. 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, 5 I 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 connec= tion 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 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 connec- tion with any and all acts or omissions of Grantee, its officers, agents, servants, employees, contractors, subcontractors, licen- sees, invitees, or trespassers . 6 i 15. i 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 cancelled 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 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 of Grantee's contractors. 7 16 . 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, 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 City for the 'enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorneys' fees . 18 Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract with- out the prior written approval of City, and any attempted assign- ment without such prior written approval shall be' void. 19 . This agreement shall be binding upon the parties hereto, their successors and assigns. / EXECUTED this / day of U 1 , 19 . CITY OF FO OR , GRANTOR Camp Bowie Partners, L.P; GRANTEE By: Cam B a ital, Inc. , Gen 1 P r e By: By: Mike Groomer, Asst. City Manager Bi 1 Belton, Vice President ATTEST: Camp Bowie Partners, L.P. Ci Secretary oZ1 APP7M;7p AS AND LEGALITY: Contract Authorization . lo- ,6 qq ��. City Attorney Date Date: 8 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 consider- ation therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. G VEN UNDER MY HAND ANEAL OF OFFICE this ay of e4o b a, 19 SARAN'JAMEODUP. Notary Public and or NOTARY PUBLIQ, the State of Uk(4a State of Texas Comm.Exp,01-29-2= 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 Bill Belton . 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 consider- ation therein expressed, as the act and deed of Camp Bowie Partners, L.P. . and in the capacity therein stated. GIVEN UNDER MY HAND AND PEAL OF OFFICE this day of b 19c4Z4 6� ;f 74 MY BARBARA OGLE COMMISSI EXPIRES' 7 October 1 P u b f i c ary - - a n the State of exas 10 LOT 9 to i t°� ° ,�bc. LOT 16 S? 4,43 h 0 LOT CORNER ® w) XW t�n Q N r�, O W i i 185.47' 16' PO B IC S W ALLE 0 LOT 10 Cl LOT 15 o o. ul z o? 04 APARTMENT < -QD APARTMENT t6 z BUILDING _ cJ� BUILDING c� w o zW w i ( BM—CITY MONUMENT NO.88135 IN GUTTER AT o N.W. CURB RETURN CAMP 1Q.—J7 PLAN BOWIE BLVD. ® BOLAND SCALE:1 =10 (ELEV.=581.86) 3.5' HANDRAIL PROPOSED PEDESTRIAN 6 00 3.5' WIDE b AND 1.4 ' DEEP) 594.37 w 94.37 z O 590 SCALE: HORIZ: 1"=10" LOT 10 LOT 9 I vERT: 10=10" 580 15' ERIAL EAS ENT ' FINISHED 3 8% GRADE EXHIBIT `, z LOT CORNER 570 'D 0+00 0+10 0+20 0+30 0+4 ELEVATION MUSEUM PLACE APARTMENTS Charles 'Gojer 15' AERIAL EASEMENT d Associates, consulting Englneere !� f' lieu Fl"*Nt C ntrd or. sane 303 EXHIBIT A Odlos.,�.75243 (214)340-1199 OPRG�t P 1 2 3 4 5 6 V) 7 8 � 9 15' < 10`' AERIAL 11B EASEMENT < G 11B 16 Pub � W 22 ry 21 20 19 0 18 z 17 15: m 14 DJ 12 }' Y GP�P EXHIBIT LOCATION MAP NO SCALE �o .oZ MUSEUM PLACE APARTMENTS 0 d rtes Associates,J Q 15 AERIAL EASEMENT Co,aulti,9 En9jnews o EXHIBIT "A" CFW• MOPSCO �6A, Dail s FUn Gnbd Or. Suits 340 303 X Oalias,T.xo.75243 (214)s+0-11: Client# : 21536 BELTE ATE ACOR CERTIFICATE OF LIABILITY INSURANCE 09/(07/99 PRODUCER PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HIGGINBOTHAM &: ASSOC. , INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. BOX 908 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth, TX 76101 817 336-2377 INSURERS AFFORDING COVERAGE INSURED INSURER A:AMERI SURE COMPANIES Camp Bowie Partners, L.P. INSURER B: 3340 Camp Bowie' INSURER 0: Fort Worth, TX 76107 INSURER D: I 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. INT R I TYPE OFINSURANCE POLICY NUNIBER POLICY EFFECTIVE POLICY EXPIRATION DATE MMIDDIMIAE , DO) 1 Y_n LIMITS A GENERAL LIABILITY CPP1254026 32/01/98 12/01/99 EACH OCCURRENCE $1, 000, 000 COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire,, $300, OOO CLAIMS MADE -,;]FI- A I OCCUR ME D EXP(Any one person) $10, 000 PERSONAL&ADV INJURY 00 GENERAL AGGREGATE s2, 000, 000 GENI_AGGREGATE LIMrr APPLIES PER: PRODUCTS-COMP/OPAGG s2, 000, 000 ,7 POLICY M JEC0j F�LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GAR AGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE $ IOCCUR FICLAIMS MADE AGGREGATE $_ DEDUCTIBLE $ RETENTION $ --T­­ I $ wo STATu- OTH- WORKERS COMPENSATION AND ITORY LIMITS] I ER EMPLOYERS!LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS EXHIBIT jE CERTIFICATE HOLDER ADDITIONALINSURED•INSUAERLETTEA: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHEE>SRATiON City of Ft Worth DATETHEREOF,THE ISSUING INSURERWILLENDEAVORTOMAILlja—DAYSWRMEN Attn: Jim Miller NOTICETOTHE CERTIFICATE HOLDER NAMEDTOTHE LEFL BUTFAILURE TODOSOSHALL 1000 Throckmorton St. IMPOSE NOOBLIGATION OR LIABILITY OFANYKIND UPONTHE INSURERITS AGENTS OR Fort Worth, TX 76102 REPRESENTATIVES. AUTHORIZED FIE ENT kE ACORD25-S(7/97)1 of 2 #S34567/M34566 SLC 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in.lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the-policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACORD25-S(7/97)2 of 2 #S34567/M34566 REQUEST LOCATION MAP St t 6 Encroachment 6th a = o �L `t<` 6th oc h x 6th 5th Area 7r _ 31 29 27u 26 123 16 471h5 8 1,h y H V CROP• 9� o Ic I H 0 RTO 6 DARNEL c ME �t Mus BLEOS ~ ® . all gym" 1 th 1 t V ,V BIC 24 ur canoe MILL :: 3O 28' 26 N.4�. STER AVE W ROG oPOW Y IM FW p 16 N Museum Q- � E IDIO 1NliI R rs Ca ® ®. Auditorium Many EFlNd �k oMapsco,Inc. L PASO &Colliseum F ETTIANDY DR••. '" CRE LINE 28 r^��,'I. ��� �T s He Plad RIn R D JAR IS p•' L: =4`•;:r PhP�:;.:.�.. D GGETT 20 OA GETT HARLEM .., �: BROADWA '� W r,,,"•�''Q rTdnityPerk. 22 WENNECAY o BROADWAY ®•, P MI ROTA I S RYCE 'GA DEI BLVD:: a'..:`'-Cj7j T CIIER - p TUC R T .KE �.. • �, O v !7 �+ TU KER :;fN..c,°• -�! :: :. ::, bra b gJ / P N LVA IA VE 9 1'.•' CC :�;yir• i,.:r rj•�,1� PRU T/5 4 PRUI /p PRUI ¢HHa CAI 0 _ �Y COOPE Fort o *(C0�1 W LEU .'3/ '� s •••16AII.t.��iill:•�'Nt7i.: '. p TER LLN T R LL r:.. r Technical 'T+t.= r•;.'t• 4 I HIMBOIT TERREL Col mbl a HU BO TD Ysr, ,N Me 'cal nter WO THc PU I D OD ' �•`Y„ I ,s. ROSEDALE 2/ /7 PU KI SE A E T 9 IRWIN 1/ at t)y OLEANDE LOCKE ISTLETOE BLVD L VEL ti's GNOL.I k RX RISD � 4 HARRISO MORP T MI Salnta, H RP Y �• HIS E70E E v,tWa F nt De iN MYRTLE 1'0' TL FE I / Ston ODD WGWO EDWIN �°WEATH RBE W ALLE A LEN =�r. •..' • a C •ton\OLLINS RTH -.• F ' •:COLONIAL �' PARK PLAC ti ''�"''''`' m JEF�RSO. PAR P E 12 C SE '^a•=`' } `'^ /5 J FF RS N RIVER L.'_i,Forest=c•^•=:�' PEMBR K _ e;,.'Cr9S '; `- •LP,,,_.,'. r `� _ B HALL °a RIC MON :.v.:li: :':.•yiY.r TO oc O 4 P ON c Lear Fork 0td sd�r :.»'�••. {"'` T N� 4, �. BA I 1yx }TG 'srj WIND OR ARL JIGT W MGT •.' 'has%! :;.y. COLO �{j�.'.'i�FMEtt.PEtSt; ,•e O NTH RNE Cat :�1; �`•".;:.>:v-�7aoo;-: c^•=•^_� H INGTON N HA RN • '� '�.l{;.:,:ti:i: 'lW-`�g F." ZZ o1;�n.':.� r!i:.�'a_ HAWIHO I HEL ..:,: .'sr p�1Pt. ...Yll c'3 •7.:�,. : 'ti J o �rlt::'•.•.•'• 2 f ���` m NILSHIR � Oa en POWEL r�• o, .� GLENC TERRACE N J SS INE AYONDALE �� u, y J S SAMM I E STADIUyN 33 31 W C Dey elty ^� R Hil DR ^ = '±rP aSEEDEAIL ELI I-AF / H 8L D rk PA Oa en r. APPLICANT: Camp Bowie Partners , LP LOCATION / ADDRESS: Alley Connecting Boland on the west and Arch Adams on the east COUNCIL 7 MAPSCO: DISTRICT: 76A REMARKS: City of Fort Worth-Department of Development OP�C� P 1 2 3 4 5. 6 7 cn 8 V) 9 15' Q 10 AERIAL 0 11B EASEMENT Q I f 1 veuc � <t 11B 16 P L' 22 W 21 20 19 18 -16 O 15 ::L , m 14 - 13 12 :t GP�p i s LOCATION MAP NO SCALE MUSEUM PLACE APARTMENTS C �1� jLr r 15' AERIAL EASEMENT �vWUn9 Ens-- EXHIBIT "A" ( • m®psco 7fiA) „ �"..`c-"Dr. `. City of Fort Worth, Texas 4vayor and (�,Ouneil Communication DATE REFERENCE NUMBER LOG NAME PAGE 10/5/99 PZ-2147 06BRIDGE 1 of 1. SUBJECT ENCROACHMENT - USE OF RIGHT-OF-WAY FOR PEDESTRIAN BRIDGE OVER PUBLIC ALLEY RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a standard consent agreement authorizing use of the right-of-way for a pedestrian bridle over a public alley. DISCUSSION: Mr. Bill Belton, Vice President of Camp Bowie Capital, General Partner of Camp Bowie Partners, LP, is requesting use of the right-of-way over a public alley for a pedestrian bridge. The bridge will connect apartment buildings on either side of the 16 feet wide public alley. The alley is connecting to Boland Street on the west and Arch Adams Street on the east. All the utility companies have been notified and the applicant has met their requirements. The Encroachment Committee has reviewed this request and recommends approval. The Building Code requires City Council approval for this encroachment. The encroachment is in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no effect on City funds. MGJ Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 ROVED Originating Department Head: CITY COUNCIL Ann Kovich 8901 (from) OCT 5 1999 Additional Information Contact: City Secretary of the Jim Miller 8176 CHY of Fort Wortk Texas