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HomeMy WebLinkAboutContract 30050 CITY SECRETARY CON TRACT NO. Z AMENDED AGREEMENT BETWEEN THE CITY OF FORT WORTH AND OSTEOPATHIC MEDICAL CENTER OF TEXAS CONCERNING CONSTRUCTION AND MAINTENANCE OF STREET BARRICADES/FENCES This Amended Agreement is made as of the; �day ofTU^J lF , 2004, by the City of Fort Worth, Texas ("City") and the Osteopathic Medical Center of Texas ("OMCT"). WHEREAS, OMCT maintains a campus generally within the area bounded by Clarke Avenue on the south, West 7th 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 ultimately 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, OMCT acquiesces in the desire of City and the North H-11-- Neighborhood i=Neighborhood Association for the closure of Mattison Avenue and Modlin �#Uc,gq(V of one or more screening fences along the current western boundary of th ?n f Mattison Avenue and Modlin Avenue in order to provide a continuous boundary between the North Hi-Mount neighborhood and the campus; WHEREAS, OMCT and City entered into an agreement concerning the location, construction and maintenance of barricades and fences as of October 30, 2003 (the "2003 Agreement"); WHEREAS, OMCT and City wish to enter into this Amended Agreement, which supersedes the 2003 Agreement; NOW, THEREFORE, OMCT and City agree as follows: 1. Construction of fences/barricades. City will erect fences/barricades in the 3700 blocks of Mattison Avenue and Modlin 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 Paragraphs 2 and 3, 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 such streets by City Council resolution. 2. Location of fences/barricade across Mattison Avenue. The fence/barricade across Mattison Avenue shall begin on 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. OMCT consents to connection of the fence to the existing fence in the OMCT parking lot and to City's entry on OMCT property to install the fence or to take any other action necessary to carry out the terms of this Agreement. 3. Location of fences/barricade across Modlin Avenue. The fence/barricade across Modlin Avenue shall be constructed on property owned by OMCT at 3704/3706 Modlin Avenue and continue across Modlin Avenue and on property owned by Greater Associated Partners at 3705 Modlin Avenue, as shown on Exhibit C. 4. Payment of costs for construction of fences/barricades. City will insure all fences/barricades are installed as shown on Exhibits A, B and C. Upon completion of the fences/barricades, City will provide an itemized statement of all costs of construction to OMCT. OMCT shall reimburse City for all costs of labor and material for construction of the fences/barricades, up to a maximum amount of $10,000, within 30 days after receipt of the invoice. OMCT shall have no obligation to build, nor an , 9-pay—&I any temporary fences, other than those described in P agTaph 1 at the locations 2 shown in Paragraphs 2, 3 and 5, except as required by ZC-98-177 or SP-98- 034 should OMCT elect to pursue development pursuant to ZC-98-177 and/or SP-98-034. 5. Option to move Modlin fences/barricade. OMCT prefers construction of the fences/barricade across Modlin Avenue on property at 3708 Modlin Avenue owned by the Tom McAdams Trust and property at 3709 Modlin Avenue owned by OMCT, as shown on Exhibit C as the "Alternative Location". If OMCT is successful in obtaining consent by the Tom McAdams Trust to construct a fence on the property at 3708 Modlin Avenue and consent of the owner of the property at 3709 Modlin Avenue, if other than OMCT, in form and substance satisfactory to City, City will move the fence and barricades at OMCT expense. 6. Maintenance. City will repair and maintain all portions of the fences/barricades constructed on public right-of-way, as necessary, at City's cost. OMCT will repair and maintain all portions of the fences/barricades constructed on private 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 the OMCT. OMCT shall pay the invoice within 15 days after receipt. 7. No effect on duty to construct wall on western boundary. Construction of the fences and barricades pursuant to this Agreement will not affect OMCT's obligation to construct a 5-foot to 6-foot garden wall and/or wrought iron fence/wood fence, together with landscaping and other requirements, on the western boundary of the campus in accordance with Ordinance No. 13731 relating to Z-98-177 or in accordance with any site plan requirements. At OMCT's election, OMCT may remove all temporary fencing at its sole expense following the completion of the construction of the permanent fence on the western boundary of the campus. 8. 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. 9. Addresses for notices. All notices, invoices or other communications 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 3 Attn: Reid Rector, Assistant City Manager Fax: (817) 871-6134 Osteopathic Medical Center of Texas 1000 Montgomery St. Fort Worth, TX 76107 Attn: Justin E. Doheny, CHE, Interim Chief Executive Officer Fax: (817) 732-5343 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. 10. Execution of additional documents. OMCT and City agree to execute any additional documents required to carry out the intent of this Agreement. 11. Execution of Agreements by Dr. John Thomas O'Shea and Greater Associated Partners, The City may terminate this Agreement and construct the barricades and fences on City-owned property if agreements consenting to construction of fences on property located by 3712 Mattison Avenue and 3705 Modlin Avenue are not executed by Dr. John Thomas O'Shea and Greater Associated Partners, respectively, in form and substance satisfactory to City within 10 days after execution of this Agreement. 12. Binding on successors and assigns. This Agreement is binding on City, OMCT and their successors and assigns. CITY OF FORT WORTH, ATTESTED 6V a Texas municipal corporation Reid Rector, Assistant City Manager OSTEOPATHIC MEDICAL CENTER OF TEXAS Contract Au hori zatiox a 0 C; S Date By: Al us 4n en-y, CHE 4rim Chief Executive OfficerIj n 4 APPROVED AS TO FORM AND LEGALITY By: �� - MArcella Olson, Deputy City Attorney .157-.• �:�" '�' '' A l A 1 rA,� � �• "� � ms's-' } A 7 I moi® 1 rAAAAAAAril�rtAr. a w� a i� ►s rirr Tat � r �+ i I�� WON m W s LL V J C_ L r � M w z a I � m m ao 0 0 ~ Oo M � tll m z a O N c � ti oUL c7 U Y � M UL m nuany 6ui;un8 t o CQ t � 0 v y+ U � O = J m ;aaa;S II03I98H UO- cm U. = X Aa 3 L LU � m W Z Q m � = 1 t ti O PC O M o t 0 3 avto 0 0 or-- ti M V d Li x M e•! Q a v E -- v 00 G 3 E� M M Lx o O a E o � 44 �H ti ti M M � o er! M H ti M C m a C 0 City of Fort Worth, Texas Mayorand Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 2/18/03 **G-13883 REVISED 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 4 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 NUMBER LOG NAME PAGE 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 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 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