HomeMy WebLinkAboutContract 6059 F1: WOP1fl, 1 . ' CITY SECP\F-TARY.-
CONSENT AGREEaENT
THE S TATE OF TEXAS §,
COUNTY OF TARRANT §
+r
THIS AGREEMENT made and entered into the c;� s day
of 1968, by and between the City of
Fort Worth, a municipal corporation of Tarrant County,
Texas, acting herein by and through H. D. McMahan, its
rduly authorized City Manager, and the Fort Worth Chamber
Development Corporation of Texas, a corporation, herein-
after called Development Corporation, acting herein by
and through Lewis H. Bond, its duly authorized President,
WI TNE`S S E TH•
'or and in Consideration of the payment by,Devel.op-
went• .Corporation of the annual charges set out below-and.
the true and faithful performance; of the mutual covenants
herein contained, the City of Fort Worth hereby grants
Development Corporation permission to use and occupy
portions of the space above the public streets for the
purpo, es and in the locations hereinafter described:
The construction and maintenance of one_en-
closed elevated pedestrian walkway not more
than 12' in width across Commerce Street,
approximately 11' north of and parallel to
the north line of 8th Street providing a
minimum vertical clearance of 18' above the
tov) of the curb.
2.
Said construction and maintenance shall be performed
in strict compliance with the Building Code of the City
of Fort Worth and in accordance with the directions of
the Director of Public Works of said City. All plans and
specifications therefor shall be subject to the prior ap-
proval of the Director of Public Works, but such approval
shall not relieve Development Corporation of responsibil-
ity for concept, design and computation in the prepara-
tion 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 and sidewalks involved,
except as shown on the attached plat which is marked
Exhibit "A" .
4.
Development Corporation, at no expense to the City,
shall make proper provision for the relocation and/or
installation of any utilities affected by said construc-
tion and maintenance, including the securing of approval
and consent from the utility companies and the appropri-
ate agencies of the State and its political subdivisions.
In the event any installation, reinstallation, relocation
or repair of any existing or future utility or improve-
ments owned or constructed by or on behalf of the public
- 2 -
or at public expense is made more costly by virtue of the
construction, maintenance, us'e or existence of the said t
elevated pedestrian walkway, Development Corporation
shall pay to the City an additional amount equal to such
additional cost as determined by the Director of Public
Works of the City of Fort Worth.
5.
In order to defray all costs of inspection and su-
pervision which the City of Fort Worth might incur as a
result of the construction, reconstruction or maintenance
of the elevated pedestrian walkway provided for by this
contract and agreement, Development Corporation binds
and obligates itself to pay to the City of Fort Worth the
sum of Eight Hundred Fifteen Dollars ($815.00) each year
during the term hereof, the first such annual payment be-
coming due on or before the first day of July, 1968, and
a like amount becoming due and payable on or before the
first day of each July thereafter during the term hereof.
In the event that the City Council of the City of Fort
Worth determines that the amount of any such annual pay-
ment has not defrayed, or will not defray, all of the
costs of inspection and supervision, the City may, as
often as necessary, adjust the amount of such annual
payments to be made by Development Corporation, and in
the event of such adjustment of the amount of said annual
3 -
t
payments, Development Corporation covenants and agrees
to pay to the City on or before the first day of July
of each year during the remaining term of this contract,
or until another such adjustment, the amount of the ad-
justed annual payments; provided, however, in this con-
nection, that, in the event it is unwilling to agree to
such adjustment, Development Corporation shall havethe
election to terminate this agreement as provided in sec-
tion 7 hereof.
6
The initial term of this agreement shall be twenty-
five (25) years, commencing on the date that the first
annual payment is made in accordance with paragraph 5
hereof. Subject to the authority of the Charter of the
City of Fort Worth, the City of Fort Worth grants to
Development Corporation an option to extend this agree-
ment for an additional term of twenty-five (25) years .
Any such extension of the initial term of this agreement
shall be upon the same covenants and conditions applicable
to the initial term, subject, however, to the provisions
for charges contained in paragraph 5 hereof.
7 .
Upon the termination of this agreement for any rea-
son whatsoever, Development Corporation shall, at the
option of the City and at no expense to the City, remove
4 -
said elevated pedestrian walkrway, restore the public
street and adjacent supporting structures to a condition
acceptable to the Director of Public Works and in ac-
cordance with then existing City specifications .
8.
It is further understood and agreed between the
parties hereto that the legal title to city streets,
which includes the demised premises, belongs to the
State, and the City of Fort Worth exercises such powers
over the streets as have been delegated to it by the
Constitution of the State of Texas or by the Legislature;
that the City of Fort Worth holds the streets as trustee
for the Public;. and that the City of Fort Worth cannot
contract away its duty and its legislative power to
control the streets for the use and benefit of the pub-
lic. It is accordingly agreed that if the governing
body of the City of Fort Worth, 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 de-
mised premises to be used for any public purpose, includ-
ing but not being limited to underground, surface or
overhead transportation, communication, drainage, sani-
tary sewerage, transmission of natural gas or electri-
city, and any other public purpose whether presently
contemplated or not, then this agreement shall be automa-
tically cancelled and terminated as provided in the pre-
ceding paragraph.
5 -
9.
Development Corporation agrees to comply fully with
all applicable federal, state and municipal laws, sta-
tutes, ordinances, codes or regulations in connection
with the construction and maintenance of said elevated
pedestrian walkway.
10.
Development Corporation agrees to pay promptly when
due all fees, taxes or rentals provided for by this
agreement or any federal, state or local statute, law
or regulation.
11.
Development Corporation covenants and agrees to in-
demnify, and does hereby indemnify, hold harmless and de-
fend, the City of Fort Worth, its agents, servants or
employees, from and against any and all claims for da-
mages or injuries to persons or property of whatsoever
kind or character, whether real or asserted, arising out
of or incident to the construction, maintenance, occu-
pancy, use, existence or location of the said elevated
pedestrian walkway; and Development Corporation hereby
assumes all liability and responsibility for injuries,
claims or suits for damages to persons or property, of
whatsoever kind or character, whether real or asserted,
occurring during the term of this agreement and arising
6 -
out of or by reason of the construction, maintenance,
occupancy, use, existence or locationof the said ele-
vated pedestrian walkway by Development Corporation.
12 .
Development Corporation agrees to deposit with the
City of Fort Worth 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.
13.
This agreement shall be binding upon the parties
hereto, their -successors and assigns.
EXECUTED this -I)- day of 1968.
CITY OF FORT WORTH
�7E
B --
ATTES Howard McMahan, City Manager
City Secretary
APPROVED AS TO FORM AND LEGA T_TY:
10
C ty Attorney
FORT TH CHAMBER DEVELOPMENT
CO ORATT ON OF TEXAS
ATTP Lewis H. Bond, President
7 -
I
f
f
O �
Qi
{
� wn.
�
111
-�-
I
� u
i
3Q
(�f 4
I
I
7 ;1
1
I
r
0
O
F-
I
A
City of Fort Worth, Texas °� �
Mayor and Council Communication
DATE REFERENCE SUBJECT: Consent Agreement for PAGE
NUMBER
7/1/68 Pedestrian Bridge - Iof 1
C-1264 Texas Hotel
The Fort Worth Chamber Developme-nt Corporation, owners of the Texas Hotel,
have requested a consent agreement to permit the construction of a connect-
ing pedestrian walk between the existing Hotel Texas structure and the
annex to the hotel to be constructed above the Biltmore Garage.
The right-of-way encroachment committee has met and studied the request
and recommends approval. The annual charge for the proposed pedestrian
bridge would be $815.00, based on the standard policy used to regulate
space above and beneath public property.
Recommendations
It is recommended that the City Council authorize the City Manager to
execute a consent agreement with the Fort Worth Chamber Development
Corporation for the construction of an overhead pedestrian bridge across
Commerce Street connecting the Texas Hotel with the proposed Hotel Texas
Annex over the Biltmore Garage at an annual charge of $815.00 , for twenty-
five years with an option to extend the agreement for an additional term
of twenty-five years.
HDM.ms
Attach.
SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY
❑ APPROVED ❑ OTHER (DESCRIBE)
CITY SECRETARY
J DATE
CITY MANAGER
CERTIFICATE :`
OF INSURANCE ` LIBERTY
w
P�� �g � MUTUAL
J LIBERTY MUTUAL INSURANI E COMPANY•LIBINIY MUTUAL FIRE INSURANCE COMPANY•BOSTON
This is to Certify that Geky ok `, �s
FINTERNATIONAL TELEPHONE & TE GRAPH CORPORAT ON p /
320 PARK AVENUE Name and
NEW YORK NEW YORK 10022 E K address of
Insured.
T
L. ISSUED ON BEHALF OF:
THE SHERATON CORP. SHERATON-FORTH WORTH
is, at the date of this certificate, insured by the Company for the types of insurance and in accordance 0 ZTI�tT1,TimytNof liability,
exclusions, conditions, and other terms of the policies hereinafter described. This certificate of insurance neither affirmatively or neg-
atively amends, extends or alters the coverage afforded by the policies listed below.
EXPIRATION
TYPE OF POLICY DATE POLICY NUMBER LIMITS OF LIABILITY
COVERAGE AFFORDED UNDER W.C. LIMIT OF LIABILITY-COV. B
LAW OF FOLLOWING STATE(S).
WORKMEN'S
COMPENSATION
(INDICATE LIMIT FOR EACH STATE)
❑COMPREHENSIVE BODILY INJURY PROPERTY DAMAGE
FORM
ElSCHEDULE FORM 12/31/76 LG1-621-004092-765 A COMBINED SINGLE LIMIT OF $2,000,000 PER
B
< PRooucTs coM- OCCURRENCE FOR ALL HAZARDS COMBINED FOR
w m ❑PLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE EXCEPT
U =, x❑ PREMISES THAT ANNUAL AGGREGATES OF $2,000,000 SHALL
APPLY AS RESPECTS PRODUCTS LIABILITY -
❑ COMPLETED OPEPATIONS FOR BODILY INJURY AND
PROPERTY DAMAGE SEPARATELY.
} ❑ OWNED
O -E ❑ NON
•OWNED
m
Q Q HIRED
J
Ix
LLl
F-
0
LOCATION(S) OF OPERATIONS 8 JOB # (If Applicable) DESCRIPTION OF OPERATIONS:
ALL OPERATIONS INVOLVING WALKWAY BEING USED BY SHERATON, FORT WORTH, TEXAS
NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW).
BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER
THE ABOVE POLICIES PRIOR TO 30 DAYS AFTER NOTICE OF SUCH CANCELLATION OR REDUCTION HAS BEEN MAILED TO
A. L. READER, JR., PE
ASSISTANT PUBLIC WORKS DIRECTOR 1z;"
CITY OF FORT WORTH
amt4-
PUBLIC WORKS DEPARTMENT
1000 THRORKMORTON STREET AUTHORI D REPRESEN TIVE
FORT WORTH, TEXAS 76102 12/31/75 N Y 0
LDATED OFFICE
This certificate is executed by LIBERTY MUTUAL INSURANCE COMPANY as respects such insurance as is afforded by That Company,it is executed by LIBERTY MUTUAL FIRE INSURANCE
COMPANY as respects such insurance as is afforded by That Company.
r /7
,Pid