HomeMy WebLinkAboutContract 30048 CITY SECRETARY
CONTRACT NO.
AGREEMENT BETWEEN
OSTEOPATHIC MEDICAL CENTER OF TEXAS,
THE CITY OF FORT WORTH AND
GREATER ASSOCIATED PARTNERS
CONCERNING CONSTRUCTION AND
MAINTENANCE OF FENCES
This Agreement is made as of the �i2� day of !,.i 2004, by the
Osteopathic Medical Center of Texas ("OMCT"), the City of Fort Worth, Texas ("City") and
Greater Associated Partners, a partnership ("GAP").
WHEREAS, OMCT maintains a campus generally within the area bordered by Clarke
Avenue on the south, West 7t" Street on the north and Montgomery Street on the east;
WHEREAS, prior to 1999, the western boundary of the OMCT campus was Haskell
Street;
WHEREAS, on March 11, 1999 (G-12498), the City Council approved an amendment to
the Arlington Heights Sector Plan to reflect a proposed expansion of the OMCT campus west of
Haskell Street to approximately midblock between Haskell Street and Dorothy Lane;
WHEREAS, also on March 11, 1999 (Z-98-177 and SP-98-34), the City Council
approved OMCT's zoning request for a planned development district for a medical master
planned campus and a site plan for Phase I of the construction, consisting of construction of a
65,000-square foot facility, vacation of portions of Haskell Street, Bertrose Avenue, and Bunting
Avenue, reconfiguration of existing parking and construction of new surface parking;
WHEREAS, OMCT does not currently own all the land west of Haskell Street to
midblock between Haskell and Dorothy Lane (Bertrose Avenue), which is currently considered
the ultimate western boundary of its campus;
WHEREAS, the planned development district conditions reflect OMCT will construct a
5-foot to 6-foot garden wall and/or wrought iron fence/wood fence along the western boundary
of the campus as properties are acquired and that an interim 6-foot screen fence may be
constructed along the interim western property line until the campus reaches the western limit
between Haskell Street and Dorothy Lane;
WHEREAS, on February 18, 2003 (M & C G-13883), the City Council adopted
Resolution No. 2920 authorizing the Director of Transportation and Public Works to provide for
temporary closure of Mattison Avenue and Modlin Avenue and two alleys in the 3700 blocks
between Haskell Street and Dorothy Lane at locations determined by the Director to be advisable
during the interim period until the OMCT campus is extended to its ultimate western boundary;
WHEREAS, the City and OMCT entered into an agreement concerning construction and
maintenance of street barricades and fences across Mattison Avenue and Modlin Avenue on
October 30, 2003, and an amended agreement superseding the October 30, 2003 agreement as of
June '� , 2004;
WHEREAS, GAP owns property at 3705 Modlin Avenue, more completely described as
Lot 10, Block 4, West Highland Addition (the Property"), and wishes to cooperate with City,
OMCT, and the North Hi-Mount Neighborhood Association for the closure of Modlin Avenue
and erection of one or more screening fences along the current western boundary of the hospital
campus across Modlin Avenue between Haskell Street and Dorothy Lane in order to provide a
continuous boundary between the North Hi-Mount neighborhood and the campus;
NOW, THEREFORE, GAP, OMCT and City agree as follows:
1. Construction of fences/barricades. City will erect fences/barricades in the
3700 block of Modlin Avenue, between Haskell Street and Dorothy Lane,
within 30 days after execution of this Agreement. The fencesibarricades will
be constructed on public right-of-way and private property at the locations
described in Paragraph 2, in order to maintain a continuous barrier between the
OMCT campus and the North Hi-Mount neighborhood. The
fences/barricades will be constructed of wrought iron as shown in Exhibit A.
As reflected in Resolution No. 2920 adopted on February 18, 2003, City
reserves the right to reopen Modlin Avenue by City Council resolution.
2. Location of fences/barricade. The fence/barricade across Modlin Avenue
shall be constructed on the Property owned by OMCT at 3704/3706 Modlin
Avenue and continue across Modlin Avenue and on the Property owned by
GAP at 3705 Modlin Avenue, as shown on Exhibit B. GAP consents to City's
entry on the Property to construct the fence or to take any other action
necessary to carry out the terms of this Agreement.
3. Maintenance. OMCT will repair and maintain the fence on the Property, as
necessary, at OMCT's cost. If OMCT fails to perform repair or maintenance
work within 15 days after receiving a written request from City, City may
perform the repair or maintenance and bill OMCT.
4. Access to property. GAP consents to OMCT's and/or City's entry on the
Property to install, repair, maintain, and/or replace fences on the Property.
5. Encroachment in Easements. In the event the fence constructed by the City on
the Property encroaches in an easement, the City will be responsible for all
costs associated with moving or repairing the fence.
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6. Closure of alleys. City reserves the right to close alleys between Mattison
Avenue and Modlin Avenue in accordance with Resolution 2920 should the
Director of Transportation and Public Works determine closure to be
advisable.
7. Addresses for notices. All notices required or permitted by this Agreement
shall be in writing and shall be sent by(i) telecopy, with the original delivered
by hand; (ii) hand delivery, or (iii) certified mail, postage prepaid, return
receipt requested, and addressed to the parties at the following addresses:
City of Fort Worth
1000 Throckmorton
Fort Worth, TX 76102
Attn: Reid Rector, Assistant City Manager
Fax: (817) 871-6134
Greater Associated Partners
3712 Myrtle Springs Road
Fort Worth, TX 76116
Either party may make changes in the information set out above by sending
notice to the other party using one of the methods described above.
8. Execution of additional documents. GAP, OMCT and City agree to execute
any additional documents required to carry out the intent of this Agreement.
9. Binding on successors and assigns. This Agreement is binding on GAP„
OMCT, City and their successors and assigns.
OSTEOPATHIC MEDICAL
CENTER OF TEXAS
By: *" � �'
j4stijh . Do eny
In m Chief Executive O icer
3
CITY OF FORT WORTH,
a Texas municipal corporation
By: z �l �
Reid Rector, Assistant City Manager
GREATER ASSOCIATED PARTNERS,
a partnership
By: i �••G��l�
Dr. Irwin Schussler, Partner
APPROVED AS TO FORM AND
LEGALITY
By:
arcel a Olson, Deputy City Attorney
ATTESTED BY
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Date
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