HomeMy WebLinkAboutContract 7581 CONSENT AGPEEAENT
THE STATE OF Z"FXAS
s'7ilNTy' OF TARRA'T
THIS AGREEMENT made and e=ntered into the I — day of .3anuar`V _--, 19 73 , by
and between the City of Fort Worth, a municipal corporation of Tarrant County,
Teas, acting herein by and through R, N, Line, its duly authorized City Manager,
and fort Worth aticat*ai Gtatatsan� Tn .
Accounting Department
P. 0. Boar 20 5 g lost n th T tal l
(Encroachment at 9t�1 � ylo _ gtcizti�ng � rhang
hereafter 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 annual charges set
out below and the true and faithful performance of the mutual_ covenants herein
contained, the City of Fort Worth hereby grants to Grantee the permission to en-
croach upon, use and occupy portions of the space on and/or above the public streets
for the purposes as described and located in Fxk ibit "A" attached hereto, said
Exhibit "A" is incorporated herein by reference and is to be considered as a part
of this instrument,
1
All construction, maintenance and oper�tion in connection with such encroach-
ment and use shall be performed in s€ r is t compliance with the Charter, Ordinances
OFFICUR t
PITY SECRETARY �`�
_a_ 0400
FT ORT
I
and Codes of the City of Fort Worth and in acccrclance with the directions of the
Director of Public Works of said City. All plans and specifications therefor
shall one subject to the prior approval of the Director of Public Works, but such
approval shall not relieve Grantee of responsibility for concept, design and
computation in the preparation of such plans and specifications.
3.
Upon completion of construction and thereafter, there shall be no encroach-
ments in, under, on or above the surface area of the streets and sidewalks,
involved, except as shown on Exhibit "A" referred to in paragraph 1.
4.
The Grantee, at no expense to the City, shall make proper provision for the
relocation and/or installation of any utilities affected by such encroachment and
use 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 any installation, reinstallation, relocation or repair of any existing or
future utility or improvements owned or constructed by or on behalf of the public
or at public expense is made more costly by virtue of the construction, mainten-
ance or existence of such encroachment and use, Grantee 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
Zr order to defray all costs of inspection and supervision which the City of
Fort Worth has incurred or might incur as a result of the construction, reconstruc-
tion or maintenance at the enroachments 8nd .,es Provided for by this contract and
73-22 New 1-20400
agreement, Grantee binds and obligates itself, its heirs and assignees to pay to
tile City of Fort Worth at the time this agreemcnt is executed the sum of
Dollars ($ 50.00 ) , and Grantee further agrees,
binds and obligates itself, its heirs and assignes to pay to the City of Fort Worth
the sum of Dollars ($ 50.00 ) per annum
for each year thereafter during the term hereof, the first such annual payment
becoming due on or before the first day of January, 1.9 74, and a like amount be-
coming due and payable on or before the first day of each January 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 payment 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 Grantee; and
in the event of such adjustment of the amount of said annual payments, Grantee
covenants and agrees to pay to the City on or before the first day of January of
each year during the remaining term, of this contract, or until another such adjust-
ment, the amount of the adjusted annual payments.
6.
The initial term of this agreement shall. be twenty-five (25) years, commenc-
ing on the date this agreement is executed.
7.
Upon the termination of this agreement. for any reason whatsoever, Grantee
shall, at the option of the City and at no expense to the City, restore the
public streets and adJacent suppnrtin,,, structures to a condition acceptable to
the Dire-_e.-,tor of Publ€c Works and in accordance vith then ex-i.sting City specifica�Arjns.
-3-
73-22' New 1-20400
it !a further understood and agreed bet.Ween the parties hereto that the lega,!
title to city streets, which includes the portions of such srreeLs used and en-
croached upon as described herein, belongs to the State, and the City of Fort
Woith exercises such powers over the streets as have been delegated to it by the
Consititution 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 public. It is accordingly agreed that if
the governing body of the My 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 said portions of the streets to be used for any other public pur-
pose, including but not being limited ca underground, surface or overhead
LOMIlUnication, drainage, sanitary sewerage, transmission of natural gas or elec-
UICIty, or any other public purpose whether presently contemplated or not, then
this agreement shall be auromaticaily cancelled and terminated as provided in the
preLeding paragraph.
9.
Grantee agrees to comply fully AA all applAnbla federal, state and muni-
LIPal laws, statutes, ordinances, codes or rcguJations in connection with the
construction, operation and maintenance of said encroachments and uses,
M
Grantee agrees to pay promptly when due all fecs, taxes or rentals provided
!or by zhi s agreemont or any federai, state or local statute, law or regulation.
73-22 Nev, 1-20400
Cronies (ovenants and agrees to indemntfy, and does hereby indemnify, hold
harwle,s and defend, the City of Fort WorLh, its agents, servants or employees.
frcm and against any and all clawas for damages or injuries to persons or pro-
warLy of whatsoever kind or cbarartsvr, whether real or asserted, arising out of
or incident to the construction, maintonanco, occupancy, uqe, existraice or loca-
Lion at the gaid encroachments and uses; and Grantee hereby assumes all liability
and responsibility for injuries, claims or suits for damages to persons or proper-
ty, of whatsoever kind or character, whether real or asserted, occurring during
too cerm of this agreement and arising out of or by reason of the construction,
maintenance, occupancy, use, existence or location of the said encroachments and
rases;
12.
Grantee agrees to furnish proof that he has secured and patd for a policy
of public liability insurance covering all public risks retatod to the proposed
use and occupancy of pubiic property as located and described in Exhibit "A"
The amounts of such insurance shall he not less than the following:
Pioperty damage, per accident $ 30,00-,
Personal injury or dcaLh, per person 100,000
Personal injury or death, per accident 300,000
with the understanding of and agreement by Grantee that such insurance amounts
may be revised upward at Nraptor's option and than Gran Lee covenents and agrecs
to so revise such amounts within thirty (30) days, following notice to Grantee
of such requiremenLe
A-22 New 1 MOO,
irdniee agrees, binds and obligate" itself, its heirs and assignees to main-'
tarn and keep in force such liabLilty insurance; proof of maintenance of such
iiability insurance shall be submitted with the annual payments under the same
conditions and time as set out in Section 5. Each such insurance policy shall
pKovide that it cannot be cancelled or amended without a minimum of thirty (30)
days' advance notice to the City.
13.
Grantee 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 and in the deed records of Tarrant County,
TexAs After being so recorded, the original hereof shall be returned to the Cicy
Secretary of the City of Fort North, Texas.
14,
This agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED this day of ............... 19—.
CITY OF FORT WORTH
By—
_A_
R. N-
City Manager
jjj ATTEST: j
My secretary
APPROVED AS TO FORM AND LEGALITY:
C Attorn,
Fort Worth Vational Company, Inr.
% Ac Tuntin& Deer meatt
E.
ATTES0
73-22 New
A-
Fonnerb� fs.W Sail!an's 6&Da Bose, , 've,(:X�jljcr
817 l'ort Worth National Bank Bidt"U'ag Fort Worth,T"as 76102
AT THE REQVEST 0111 0`1,11 lk 'TT _;o'
70X!�,s 76,102
THIS iS 7 0 CERTI;Y THAT TBr INSURED NAMED BELOW IS AT THIS DATE INSURED
JVP 4 OMMINSCO IN THE FOLLOWING SCHEDULE,
OLSCRIPTIVE SCHEDULE
al
—ilEss OF INSURED: C. ',_!�c�x 2,�G"50, Fo;7t I.,brtn, xan 7'3.01
;..CATIONS OVZRZa4
Lnd cd!scwb.€�re UEZA
0E.MPTION or WORK,
TYPE 00 INSURANCE POLICY NUMUER EXPIRATION DATE LHAdT5 OF LIABILITY
01— LAND-06'&T ENA
EACH A......I .Al.
O• N—l'.E. tin &T—AN-
fI C.—...T.—
S
EACH OGCUftRENGE AeEGREOATE
y
EA-1 AC-1—
A—L—,
A.—A.1
PNOPERIY DAI—C Lt S
91—PEI—f, L—I 'rI I-0,L
CE-1AL LIA—ITY— CLA
31-73,
EA—0-1-1...
IGO 01013. lo 0- 0 0 o
7 LA 55' 74-1 .8-32..73
------------7
CP.CviurtPe.I EA-
3 01"r-11 000, Lirl of Li�nrd li r
Cz3, 5 12"02 8_74
AlIL-1, 00 .1 RC POIACM.
T
IN tHG E-1 1 .1 CACk.,�"I TWSEUAAIdC-0—
.I—M— W 1—I—Z 1,.:l: Tlal F.ITl A- —MAZ S,LQUE.T lkl. 1__ATOFi-M I. D.- BlI.P. Tf e CATS OF
� �k�0 Me
107 E 1. ,',Y O,�V F.R rAil..RS Cgv�_ T
..T10 -94,14 DAY OF
M/,N, ,AGERS AGICY.
CERTIFICATE OF INSURANCE
THIS IS TO CERTIFY that the following Policies, subject to their terms,conditions and exclusions, have be" issued by this company,
This is not a policy of insurance,nor is it an endorsement making the person,firm or corporation at whose roclu"I it is issued an additional insured
on the policy or policies referred to heroin. In the*vent of cancellation of any such polity or policies, the company will endeavor to give the principal
named herein. -days written notice prior to cancellation.If the number of days is not stated herein,than the maximum period of notice shall be
A"15)days.
NAME AND ADDRESS Of PARTY TO WHOM CERTIFICATE IS ISSUED NAME AND ADDRESS OF INSURED
F
C-�'t y of' Fort �orth Fort worta oational Corio rat ioa, eL l
P� 0. box 2J50
Fort Wortzi, Texas Fom, Worth, Texas 7010,!-j
L
POLICY EFFECTIVE EXPIRATION
TYPE OF INSURANCE NUMBER* DATE DATE LIMITS Of LIABILITY*
Workman's Compensation Statutory
In conformance with the Compen-
sation Low of the$tote of
................................................
Each Person
Public Liability
Bodily Injury TIL �O 03 03 u-31-73 (6 $ 300,Of)o.LIU Each Accident
Aggregate Products
$ 0,42f.)( -22 Each Accident
1; Aggregate Operations
Public Liability TIE-` 2U 10,i 03 8-31-73 6--ii—'(b $ Aggregate Protective
Property Damage
Aggregate Products
$ Aggregate Contractual
$ Each Person
Automobile (Bodily Injury) Each Accident
Automobile (Property Damage) Each Accident
2u 0�z U3 e „.
L--re a I C �
$
FM,103,0,5 3.T -Aboon”of any appropriate entry moons mo sud,i"Wrome#is in force.
REMARKS.
-y
Dated Trauers, indem'Ly, Gcw�p-an
(Company)
J,
City of Fort Worth, Texas
Mayor and Council Communication
U"E Ra`.FEFCFWE ' MWEM i?rc'j}oscd Revisions in Fee Sthc- � PAGE
Pd tt FriC3E(f
auac -- Encroachments in the Piz- 3
11/6/72 G--2I01 lie hi irr F f T`a tot
P : e a -
a �
Chapter 45 of the Building Code. (Ordinance No. 5374) specifies conditions under
w
which encroachments an the public rt„hL-Of-way may be constructed including
requirements for liability insurance, execution of a consent agreement with the
City, and payment of inspection fees.
Present Pee Schedule
On May 25, 1970 (M&C C,-257=1), a policy was adopted governing the encroachment
of signs, marquees, etc. , into public property. This policy regulates the
height: at which these items may be placed and the distance they may extend
into the right.-of-way. It further sets tho inspection fees for such encroach-
at $75 initially and r
encroach-
ments annually thereafter for the term of the consent
agreement.
Inspection fees for encroachments such as over-street- and below-street building
spaces have been established by City Council action for consent agreements
presented to the City Council for its approval. A list of these ai3reements
currently in effect and the annual fees charted is attached.
On April 19, 1971 (hK C-1354), a consent agreement was approved with the
Fort Worth National Bank tot earl a =vcr head and under-strpert encroachments
to be constructed as p ait of the bink's new building. he fees charged
were recommended by ra City staff c t t"I t tee, and r hr Council was advise,]
at that time that the staff would study xisil > vnnronchmont policy and
recommend a uniform, equirzabLe method of riUng fees, for all current and
feature encroachments, commensurate with the costs of pro,essing, raplalica Ions
and performing annual inspections.
Costs Incurred
Inspection and zadministrative costs for are estimated
pre=ces:;rni, encroachments
as follows:
PrFacerastn Rt clu, t
....
Building Div i ;ion: Processing Application 015
,�;� i; ,,_ ra
Leal, Adminisurativc and City Council lt.r riew and Action 545
Processing, Filing and a _,,cor=din
l'oral Expanse $i';tj
Annual_:. xs spt c t 3an_t;cr;E's.
Tax Department: riling sod Processing 810
Building Division: Filing and Pio,assing $110
inspection; Building Dfvioi a and fire Prevention 4
Total Vo_
Y DATE � REFEFUJICE �Uf3.iE(:i di ,p qed Revisions in Fee FACE.
j E um-.Ek
3: I d"ld: - Fticroachm .ts in the 3
1116 .` of
i2 cxa�101 - -
-_.
Pub],U,Right -oi W -
For small encroachments KoWh is suns the fees currently being charged are
no longer sufficient to cover the costs, while those hei.ng charged for over-
head building; structures gener.all•, vxrerd the actual costs. It is therefore
proposed to revise the schedule of
fees for c=nc rciarrhtrceiar€. <>c that charges
area commensurate raid the rn:;t: 0; services pc c for ,; d,
For overhead or undorstre=et structures, the Courts have ruled that the City
of Fort Worth may not charge fees based on the value of the space used, but
it may be entitled to reimbursement Q the form of an inspection fee for
expenses of inRpowrlori, sdpolvirion, maintenance, or other proper functions
of the City caused by the encro,a hw nt , i`he proposed schedule increases the
fees for sign;, marquees, overhe d wires, OLd:. , but generally reduces those
for building extensions to <a lev ; consistent with the Court ruling. Mae-
tied of the fee schedule is consistent with rho concepts of the lialprin Plan
for future development of the Central Business District. This plan proposes
to help catts:er the ObWaMeS to YedeVOlOpPent of the Clsi) resulting from small
City blocks by enco tr IginA over and andor street ; connections of priv<aee pro,--
perty.
The annual inspection fee tor the Group Two encroachments listed below
is less than the Group One en roacian€nts bo_,uc e these items are given only
on-site check, of rho condition of Env pavcmont above tho conduit, condition
of the wire covering,, etc,
Tn order to more accurately reflect the actual costs of inspections for
building extensions above or below rho right-of-way, a riding scale is
proposed for both rho initial and :aunun i loan an for such structures as follows:
Applit'acion Faye Annual. Inspection Fet
;y1?e of lnct oachment Present` ent a 'c''ed Present es nt Y 1'rc7po-.<,ci
Group to Awnings, marquees S75.00 shoo $25.00 $50.00
S I gro`;
Group 2. Overhead wires, I 5000 00 100.00 10,00 30.60
unde cg ound cc>n luit.s
Pipes and boxoo
Group 3, Others, including tiEgd}ti<Ledl .005 per Negotiated 1/10 of
overhead 4alkways, tuhic font; 1 ,iioa—
., Si:,_a.., '+ (l
f d� r3 le'a
,
bui d c C tS.l2u € ) " tend &n Mum,
P ear .7t € € 1)
r;:;=;anciP<d
t o now—
not SID
a
S
Dare srEet«wc
ta a su€tFttrr°: P s rnpo -d Revisions i-z Fc€e, S(110- PAGE
u�sErz
dul he Puts-E
11/6/72 G-`'>101 � 1tc h) t� ,f-tv s_ 3 3— Qa 3
Effect of Exist2n P.ncroachment A�recments
The ;staff has reviewed existing consent agreements for encroavhments in the-
public right -of-way to dt tc>rmiue the effect of tl3r proposed fee schedule
As za result of theme change,-, ainnuzal revenue will, be Y(,dur od from approxi-
mately X29,000 to 51,300
It is proposed that the staff be authori