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HomeMy WebLinkAboutContract 30049 CITY SECRETARY_ CONTRACT NO. AGREEMENT BETWEEN OSTEOPATHIC MEDICAL CENTER OF TEXAS, THE CITY OF FORT WORTH AND JOHN THOMAS O'SHEA CONCERNING CONSTRUCTION AND MAINTENANCE OF FENCES This Agreement is made as of the �" day of "f V-)*- 2004, by the Osteopathic Medical Center of Texas ("OMCT"), the City of Fort Worth, Texas ("City") and John Thomas O'Shea("O'Shea"). WHEREAS, OMCT maintains a campus generally within the area bordered by Clarke Avenue on the south, West 7`h 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 ad ed Resolution No. 2920 authorizing the Director of Transportation and Pu is orks to provide or temporary closure of Mattison Avenue and Modlin Avenue and two leys in the 3700 blo �I�I1I77I •^.,q�iYYY ���� 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 on June 3_, 2004; WHEREAS, O'Shea owns property at 3712 Mattison Avenue, more completely described as Lot 5, 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 Mattison Avenue and erection of one or more screening fences along the current western boundary of the hospital campus across Mattison 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, O'Shea, OMCT and City agree as follows: 1. Construction of fences/barricades. City will erect fences/barricades in the 3700 block of Mattison Avenue, between Haskell Street and Dorothy Lane, within 30 days after execution of this Agreement. The fences/barricades 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 Mattison Avenue by City Council resolution. 2. Location of fences/barricade. The fence/barricade across Mattison Avenue shall be constructed on the Property owned by Dr. John Thomas O'Shea at 3712 Mattison Avenue, continue across Mattison Avenue, and connect to the extension of the existing fence in the OMCT parking lot, as shown on Exhibit B. O'Shea 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. O'Shea 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 constructe4_h-the-City on the Property encroaches in an easement, the City be responsible for all costs associated with moving or repairing the fence 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 John Thomas O'Shea 2005 Indian Creek Drive Fort Worth, Texas 76107 Fax: (817) 732-8141 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. O'Shea, 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 O'Shea, OMCT, City and their successors and assigns. OSTEOPATHIC MEDICAL CENTER OF TEXAS By: ^E. Interim Chief Executive Officer 3 CITY OF FORT WORTH, a Texas municipal corporation By: fibed A' ',-&-f Reid ( ,,&- Reid Rector, Assistant Ci y ager r John Thomas O'Shea APPROVED AS TO FORM AND LEGALITY By: Parceffia Olson,Deputy City Attorney ATTESTED BY Contract Authori?atiolt Lli�— n � Date 7K Th 4 --- 1 ■ -nIL + E'�fl SOMEONE • • ■ IMMEMEN 1 46 r .. a ! �. IIIIMIMMI 7 � ppm■i looming MMMMMMLi+ila� r 6 d i� MEN X �i♦♦ a �ria lip � t L�3 F �[ M '/ •iY�lNEM m H m W -� X LUL N CL K d O` LU z a I � m m > N � Q O e o N N O N c � o M art-- -- - -- - �� U 7 LL � Y � N M �i nuanV 6ugun8 t N O Cl M 0 a1 City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 2/18/03 **G-13883 REVISEDT 06CP-98-007 1 of 2 SUBJECT STREET AND ALLEY CLOSURES: PORTIONS OF 3700 BLOCK OF MATTISON AVENUE AND MODLIN AVENUE, PORTION OF AN ALLEY BETWEEN LOTS 4 TO 13, BLOCK I AND AN ALLEY BETWEEN LOTS 10 TO 13, BLOCK 2, WEST HIGHLANDS ADDITION, FORT WORTH, TEXAS (CP-98-007) RECOMMENDATION: It is recommended that the City Council adopt the attached resolution authorizing the Director of Transportation and Public Works to close portions of the 3700 Blocks of Mattison Avenue and Modlin Avenue and portions of two alleys west of Haskell Street between Lots 10 through 13, Block 2, and Lots 4 through 13, Block 4, West Highland Addition. DISCUSSION: Osteopathic Medical Center of Texas (OMCT), in conformance with approved development requirements, has requested closure of the above-referenced streets and alleys in connection with expansion of OMCT facilities to allow construction of a fence on the western boundary of the OMCT campus. The proposed street and alley closures are a temporary procedure until all adjacent property is acquired by the hospital. Upon acquisition, by OMCT of all property adjoining the streets, OMCT will request that the subject streets and alleys be vacated and incorporated into the hospital campus. -: OMCT has previously submitted development applications to the Plan Commission, Zoning Commission and City Council reflecting closure and/or vacation of Modlin Avenue and Mattison Avenue, consistent with the attached resolution. The City Plan Commission approved a concept plan for the OMCT and in principle approved the vacation of streets within the hospital campus on January 27, 1999. The City Council approved OMCT's request for.Planned Development zoning on March 11, 1999, by Ordinance No. 13731, Case No. Z-98-177. Exhibits 2, 3 and 4 to the Planned Development zoning ordinance, which were submitted by OMCT, reflect construction of_a fence along the western boundary of the OMCT campus and closure of Modlin Avenue and Mattison Avenue consistent with the attached resolution. This resolution would authorize the Director of Transportation and Public Works to close the streets at interim locations. Reviewing City departments and public utility companies have raised no objections to this request. This request is located in COUNCIL DISTRICT 7. City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBERAME PAGE LOG N 2/18/03 **G-13883 REVISED 06CP-98-007 2 of 2 SUBJECT STREET AND ALLEY CLOSURES: PORTIONS OF 3700 BLOCK OF MATTISON AVENUE AND MODLIN AVENUE, PORTION OF AN ALLEY BETWEEN LOTS 4 TO 13, BLOCK ,4' AND AN ALLEY BETWEEN LOTS 10 TO 13, BLOCK 2, WEST HIGHLANDS ADDITION, FORT WORTH, TEXAS (CP-98-007) FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. RR:r is i Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Reid Rector 6140 Originating Department Head: Bob Riley 8901 (from) APPROVED 2/18/03 RES. #2920 Additional Information Contact: Craig Eaton 6226