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HomeMy WebLinkAboutContract 27764 CITY SECRETARY A CT NO 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 acting herein by and through its duly authorized ye 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 streets, alleys, sidewalks and other public rights-of-way as follows: 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", 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 to City at the time this agreement is executed an application charge in the sum of 9'- -'�- 0 -' r-ou;a- I G 7-'-1 f:7,'-'V e Dollars 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 4 of the streets, alleys, sidewalks and other rights-of-way to be used for any other 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, 5 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. 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. 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. 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 this Sv!4-.- day of 2 OZL,� CITY OF FORT WORTH, GRANTOR GRANTEE By: By: Reid Rector, Asst. City Nlanager /,TEST- APPROVED AS TO FORM AND LEGALITY WV �16_ -IJU City Se Mary City Attorney ATTESTED BY Authorization tj- Date 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 Reid Rector, Asst. City Manager 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. iIIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 20 -02- ROSELLA BARNES NOTARY PUBLIC Notary Public in and for the �N\ /�j state of Texas 'F�Wvl Comm,Exp,03-31-2005 State of Texas r 9 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Pub n and for the Ltp State of Texas, on this day personally appeared - - _'�L:: I 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 c7deration therein expressed, as the act and deed of and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 6 day of 20.�� ' HUSKEY JUDN NOTARY PUBLIC Na STATE OF TEXAS Pt jbI and for thr) C � tj of Te*a� E)q 4-19-2005 S�,a J 10 i i E May 08, 2002 13:10:27 0204AO12.dwg j NOi2TH 130.16' r— ------------- m to E M r � i s m m m C1 0 _ N m t 0 �D n m m e f n 1 -Q r D..._......... is I D 1.. II r F m z m 0 = m 'n m d I m XO 4 I I a;ay�tt OTC Z < O ccr pnlgtaa c> D O • E� 0 . r0 ITi u m -4 maw ° (P 2 m W� 4 t � A A {Xjo - ry V.E..�c.m........................ m a m eo, 0 w � R! o E_ xy 5 C) c O FOCH a STREET y { am ?Rrlccl NQ 02-104 D 4b. 0110-`ACA oA s &`.":`+.Y i✓-�2 {j,}3N£xy('.1, i t f N E:Xt'�21 'i'Cf Cf.'7t2'I At'F�.'fMENT AL�L''LK,AT'70N FC�t �� t t�i.4 FAK'XOAO*.gNT AtO VARIATLDN OF WALL RAT G& DORLAND CAROM.%-ELTON ALA CCS,AROfMC"T as 2 MORTON F{JCt i, ELC WARE}iC7t SF � ...-.. wn x r+x�a,sart ae3,n.r�sn.rx se+ro 122(N7 FOCH STREET a *ar-art s to+ry taz-aeo Haan u ' PrWT tAtfti -ry vc , T— xms oommm raao. A CMD . CERTIFICATE OF LIABILITY INSURANCE 210' 107/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wm, Rigg Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 309 W, 7th St., Suite 200 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Pt. Worth, TX 76102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 817-820-8100 INSURERS AFFORDING COVERAGE INSURED Morton Foch, LLC 9• VA99 A: Maryland Casualty C/O Burst Whitson, Inc. '"LIRA"&: P. 0. Box 2296 INSUw G: Taos NM 87571 INSURER 0! f FIN—SURER 1: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSL,ED 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 DESCRISID HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOMONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPE OF INSURANCE POLICY NUMBEII POLICY EXPIRATION QATI!ffa&OOlYY) LIMITS A �C ,ERAL UARIUTY 033411443 12131J01 12131102 EACH OCCURRENCE is 0 0 P-0 q.0— X CO-MCOCIALGIE-Ef"'.10AZILITY FIRE DAMAGE(Any 20 000 CLAIMS MADE 7 OCCUR MED EXP(Any one 00180M C 10000 PGASONAL&AOV INJURY IDOOOOO GENERAL AGGREGATE WE LIMIT APPU ES PER: GEN AGGREGATE PRODUCTS•COMPJOP AGG is 2000000 F7 PRO. 7 LOC ril POLICY =T I A AVTQMQDILE UAMMUTY 039411443 12131101, 12131/02 COMBIN10 SINGLE LIMIT g 1000000 ANY AUTO f (FA w6dantj ALL OWNED AUTOS - SOQILY INJURY I SCHEDULED AUTOS IPW W"A) X 1 HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per act4orm PAOPIATY DAMAGE (Par acckwr) i LGARAGE LIABILITY AUTO ONLY-EA ACCIDENT it ANY AUTO OTMERTHAN FA ACC 6 AUTO ONLY: AGG 4 A I EXCESS UAMUTY 039411443 12131101 12131102 EACH OccvFMIENCE 1 1000000 OCCUR [DCLAIMS MADE AGGREGATE 11 1000000 DeOUCTIELE RETENTION 6 10000 0'T"' WORKERS COMPENSATION AND tMPLOYERS'LIAMUTY E.L.EACH ACCIDENT( S PLOYE6. S.L.OISEAZ9-POLICY UMfT Or#(EA D"MPrtCA4 OF OPFAA*nO*4ACCA-nO4"Nt$tCU$tO(CtU=NS ALIOW 8Y,NO0AS#AAfNTlSPWUkL PFOOVIVONS FAX NUMBER: 817-332-1475 to ,t3 CERTIFICATE HOLDER I I ADDITIONAL INS D; 11-44111V LCD TTwU CANCELLATION CITY OFF WORTH 8"OULD AW Of THE AWVf OW.NaW PWC,"M CANC ll'%f C(PIAArI*`N 1000 THROKMOPTON DATE Tmtpt-o.*,Tfq 43VING*r4#19A""040"volil'to"t, 10 OAYS wwrmlv MOTIUTO THE OPMFICATt HOLDER kAM*D TOT RE LEFT,OUT FA"V*'fO DO 60 SAALL FORT WORTH, TX 76102 IMPOSE NO 0*11CATIVIII OR UASAM OF AMY 1090 UPON T9F INSURER,IT$A494TS OF REPRES04TAT(V" — AUTitO wafSEWATIVE j 114 — I ACORD 25-S (7197) ---0-AnRO CORPORATION 1985 City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER 7LOG-NAME PA-GE -- 1 1 of 1 5/28/02 **C-19099 06FOCH 1 of I SUBJECT ENCROACHMENTS IN RIGHT-OF-WAY: STANDARD CONSENT AGREEMENT WITH MORTON FOCH, L.L.C. AUTHORIZING BUILDING ENCROACHMENTS AT 1000 FOCH STREET RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a standard Consent Agreement with Morton Foch, L.L.C., authorizing building encroachments at 1000 Foch Street. DISCUSSION: The former Alamo Machines Works, Inc. building (located at 1000 Foch Street) was purchased in January 2002 by Morton Foch, L.L.C. The new owner is changing the use of the building from a machine shop to low density (under twelve feet in height) dry storage for furniture. The entire building will be sprinkled. Part of the building was constructed in 1939, and the remainder was constructed in the early 1970's. The construction is of concrete masonry and metal (upper part of quonset but on the southeast part of the structure). This application consists of two encroachments: • A 9-inch portion of the building projecting into the alleyway which is parallel to Morton Street; and • New door swings which will project into Foch Street. The Encroachment Committee has reviewed the request and recommends approval. The building is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. RR:k I Submitted for City Manager's FUND ACCOUNT 1 CENTER AMOUNT CITY SECRETARY I Office by: 10 Reid Rector 6140 Originating Department Head- Bob Riley 8901 l {from} APPROVED 05/28102 -------------- 17' Additional�Information Contact: Bob Rfley 8901 IML X1 NIOM 180 or X( CON - tiMc a UW 133MI K)CU OOOt sow n wW—v car 3"xasx s aow ' 3S(lOF$71YM J17 'i-►.X7j NO.L210W 1:73lH3NY 5:73 VK NO1'�5 lObir3 Q+tY'{8OQ Z _V �,. 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