HomeMy WebLinkAboutContract 26181 CITYSE
CONTRACT NO Y
CONSENT AGREEMENT
STATE OF TEXAS S
COUNTY OF TARRANT
THIS AGREEMENT is made and entered into by and between the
City of Fort Worth, a municipal corporation of Tarrant County,
Texas , acting herein by and through its duly authorized City
Manager or duly designated Assistant City Manager, hereinafter
referred to as the "City" , and William i Luck
acting herein by and through its duly authorized owner
, hereinafter 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
application charge set out below and the true and faithful per-
formance of the mutual covenants herein contained, City hereby
grants to Grantee permission to encroach upon, use and occupy
portions of the space under, on and/or above the -streets, alleys,
sidewalks and other public rights-of-way as follows:
Two stairwells in sidewalk on Eighth St. as shown on Exhibit "A"
tl o 41 Vigo
The location and description of said encroachment is more particu-
larly described in Exhibit "A" , attached hereto, incorporated
herein and made a part hereof for all purposes .
2 .
All construction, maintenance and operation in connection
with such encroachment, use and occupancy shall be performed in
strict compliance with the Charter, Ordinances and Codes of the
City and in accordance with the directions of the Director of
Transportation and Public Works of City, or his duly authorized
representative. All plans and specifications therefor shall be
subject to the prior written approval of the Director of
Transportation and Public Works , or his duly authorized represen-
tative, but such approval shall not relieve Grantee of responsi-
bility and liability for concept, design and computation in the
preparation 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 , alleys, sidewalks and other public rights-of-way
involved, except as described herein and shown on the hereinabove
referred to Exhibit "A" . e1Q
4 . LOW
Grantee, at no expense to City, shall make proper---provis '
for the relocation and/or installation of any existing or future
utilities affected by such encroachment use and occupancy ,
including the securing of approval and consent from the utility
companies and the appropriate agencies of the State and its polit-
ical subdivisions . In the event that any installation, reinstal-
lation, relocation or repair of any existing or future utility or
improvements owned by, constructed by or on behalf of the public
or at public expense is made more costly by virtue of the con-
struction, maintenance or existence of such encroachment and use,
Grantee shall pay to City an additional amount equal to such
additional cost as determined by the Director of Transportation
and Public Works of the City, or his duly authorized representa-
tive.
5 .
City may enter and utilize the referenced areas at any time
for the purpose of installing or maintaining improvements neces-
sary for the health, safety and welfare of the public or for any
other public purpose. In this regard, City shall bear no respon-
sibility or liability for damage or disruption of improvements
installed by Grantee or its successors, but City will make reason-
able efforts to minimize such damage.
6 .
In order to defray all costs of inspection and supervision
which City has incurred or might incur as a result of the con-
struction or maintenance of the encroachments and uses provided
for by this agreement, Grantee agrees to pay to City at the time
this agreement is executed an application charge in H Y i
Three hundred thirty five Dollars ($ 335 . 00 ) �
7 .
The initial term of this agreement shall be thirty (30)
years, commencing on the date this agreement is executed.
8 .
Upon the termination of this agreement for any reason what-
soever, Grantee shall, at the option of City and at no expense to
City, restore the public right-of-way and adjacent supporting
structures to a condition acceptable to the Director of
Transportation and Public Works, or his duly authorized repre-
sentative, and in accordance with then existing City specifica-
tions .
9 .
It is further understood and agreed between the parties
hereto that the City streets, alleys, sidewalks and other public
rights-of-way, including the portions of such streets, alleys,
sidewalks and other public rights-of-way to be used and
encroached upon as described herein, are held by City as trustee
for the public; that City exercises such powers over the streets
as have been delegated to it by the Constitution of the State of
Texas or by the Legislature; and that City 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 City, 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 stkqfb
)fts ,
'.
alleys, sidewalks and other public rights-of-ways to be used �f
any other public purpose, including but not being limited to
underground, surface or overhead communication, drainage, sani-
tary sewerage, transmission of natural gas or electricity, or any
other public purpose, whether presently contemplated or not, then
this agreement shall be automatically cancelled and terminated.
10 .
Grantee understands and agrees that the granting of any
encroachment hereunder is not meant to convey to Grantee any
right to use or occupy property in which a third party may have
an interest, and Grantee agrees that it will obtain all necessary
permission before occupying such property.
11 .
Grantee agrees to comply fully with all applicable federal,
state and local laws, statutes, ordinances, codes or regulations
in connection with the construction, operation and maintenance of
said encroachments and uses .
12 .
Grantee agrees to pay promptly when due all fees, taxes or
rentals provided for by this agreement or by any federal, state
or local statute, law or regulation.
13.
Grantee covenants and agrees that it shall operate hereunder
as an independent contractor as to all rights and privileges
granted hereunder and not as an officer, agent, servant or
employee of City; that Grantee shall have exclusive control of
and the exclusive right to control the details of s oper
a �o
and all persons performing same, and shall be sol ly resporitripl
for the acts and omissions of its officers, ag ts, :_servants
employees, contractors, subcontractors , licensees and invitees;
that the doctrine of respondeat superior shall not apply as
between City and Grantee , its officers , agents , servants ,
employees, contractors and subcontractors, and nothing herein
shall be construed as creating a partnership or joint enterprise
between City and Grantee .
14 .
Grantee covenants and agrees to indemnify, and does hereby
indemnify, hold harmless and defend City, its officers, agents,
servants and employees , from and against any and all claims or
suits for property damage or loss and/or personal injury,
including death, to any and all persons, of whatsoever kind or
character, whether real or asserted, arising out of or in connec-
tion with, directly or indirectly, the construction, maintenance,
occupancy, use, existence or location of said encroachment and
uses granted hereunder, whether or not caused, in whole or in
part , by alleged negligence of officers , agents , servants,
employees, contractors, subcontractors, licensees or invitees of
City; and Grantee hereby assumes all liability and responsibility
for such claims or suits . Grantee shall likewise assume all
liability and responsibility and shall indemnify City for any and
all injury or damage to City property arising out of or in connec-
tion with any and all acts or omissions of Grantee, its officers,
agents, servants, employees , contractors, subcontractors, licen-
sees, invitees, or trespassers .
Cc0G1D
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15 .
Grantee agrees to furnish City with a Certificate of
Insurance, naming City as certificate holder, as proof that it
has secured and paid for a policy of public liability insurance
covering all public risks related to the proposed use and
occupancy of public property as located and described in
Exhibit "A" . The amounts of such insurance shall be not less
than the following:
Property damage, per occurrence $100, 000
Bodily injury, per person $250, 000
Bodily injury or death, per occurrence $500,000
with the understanding of and agreement by Grantee that such
insurance amounts shall be revised upward at City's option and
that Grantee shall so revise such amounts immediately following
notice to Grantee of such requirement. Such insurance policy
shall provide that it cannot be cancelled or amended without at
least ten ( 10 ) days ' prior written notice to the Building
Official of the City of Fort Worth. A copy of such Certificate
of Insurance is attached as Exhibit "B" . Grantee agrees to
submit a similar Certificate of Insurance annually to City on the
anniversary date of the execution of this agreement.
Grantee agrees, binds and obligates itself, its successors
and assigns, to maintain and keep in force such public liability
insurance at all times during the term of this agreement and
until the removal of all encroachments and the cleaning and
restoration of the City streets . All :insurance c erage require
herein shall include coverage of all of Grantee's ontractors .111 1Y
16 .
Grantee agrees to deposit with City 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 .
17 .
In any action brought by City for the enforcement of the
obligations of Grantee, City shall be entitled to recover
interest and reasonable attorneys ' fees .
18 .
Grantee covenants and agrees that it will not assign all or
any of its rights, privileges or duties under this contract with-
out the prior written approval of City, and any attempted assign-
ment without such prior written approval shall be void.
19 .
This agreement shall be binding upon the parties hereto,
their successors and assigns .
EXECUTED this _jZffi_/day of E���`�C��L�, 0 UC
CITY OF IFORWO HI, GRANTOR , GRANTEE
By: By:4 X.
Mike Groome Asst. City Manager �y
AT
Contract Authorization
City Secreta
APPROVED AS Te FORM AND LEGALITY: Date
�5Ea D`'�
City Attorne Vf2M
Date:
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority , a Notary Public in and
for the State of Texas , on this day personally appeared
Mike Groomer known to me to be the person whose
name is subscribed to the foregoing instrument , and acknowledged
to me that he/she executed the same for the purposes and consider-
ation therein expressed, as the act and deed of the City of Fort
Worth, and in the capacity therein stated.
2jAEN UNDER MY HAND AND SEAL OF OFFICE thisay of
Notary Public and or
the State of T s
SARAH JANE ODLE
NOTARY PUBLIC
po�a State of Texas
Comm. Exp.01-28-2002
u��B GGA c kl.o 0
L�U'u �" U��rWn1U1U
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority , a Notary Public in and
for the State of Texa on this day personally appeared
1o1_I Ii� L�' u,JC , known to me to be the person whose
name is subscribed to the foregoing instrument , and acknowledged
to me that he/she executed the same for the purposes and consider-
ation therein expressed, as the act and deed of U W YIEX
,. and in the capacity therein stated.
GI EN UNDER MY HAND AND SEAL OF OFFICE this / day of
a oo�•
JUANITA JOYCE JEFFERSON
NotaryPublic
Texas N o
State of Texaa rY P ub l i i n and o
Comm. Expires 06-28-2003 the State of Texas
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89/06/2000 15:57 8172267706 ANCHOR INS AGY PACE 01
® ACORQ CERTIFICATE OF LIABILITY INSURANCEM B DA `m09406/00
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Anchor Insurance Agency HOLDER,THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P.O. Sox 1287 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Arli>zgton TX 76004-1267 COMPANIES AFFORDING COVERAGE
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Williaa J. Luck C
7106 Cmp Bowie COWS
Fort forth TX 76116 D
COVERAGES
THS 16 TO CERTIFY THAT THE POLICIES OF INSURANCE LWMO BELOW HAVE 961H ISSUED TO THE INSURED NAMED ABOVE FOR Tr!POLICY PERIOD
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CERTIFICATE WAY BE 10SUED OR MAY PERTAIN,THE INSURANCE AFFORDED SY THE POLICIES CESCRBED HEREIN IS SUGACT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICYEFFEwe CTPOLICY EXPIRATION OR DATE(1BAVOW) DATE(A ACDIYY)
GENERALLIABILITY GENERALAGGREOATL $2,000,000
A X CXsMMERCKOENERALLMrILav 7501313783 01/15/00 01/15/01 PROL'JUCTB-COMPAWAGO 01,000,000
CLAWBMADE a]OCCUR PERSONAL 4ADV INJURY 21,000,000
OWNER'89CONTRACTOR'$PROT P44 OCCURRENCE a 1 000 000
FIRE DAMAGE 1Anr ane We) 1650,000
MED EXP(Any one PKC) 145,000
AUTOMOBILE LIABILITY
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DESCRIPTION OF 0PCMTIC*,&kOC47I0t4NEHiCLEWSPECYIL rTEMS
CCorit871t$1Tj Liability for 900 Houston St Tort Worth, TX.
raxCER IFICATE HOLDER CANCELLATION
CITTrry SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSWNO COMPANY WILL ENMAYOR TO MAL
City of r*rt Worth Dept of 30 DAYBWRITTEN NOTK:ETOTHE CFRTIFCATEHOLM mAMEDTOTIBLEFT,
Devolop"nt BUT FAILURE TO MAP.OWN NOTICE SWILL SM'OSE NO OBLIGATION OR LIASILTTY
Jia !tiller
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Fort north TX 76102 AUTHORMEDREPRESENTA
John McSpadden
ACORD 2"(1106) i4CORD CORPORATION 1088
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City of Fort Worth, Texas
"Avon And CouncilCommunication
DATE REFERENCE NUMBER I LOG NAME PAGE
9/5/00 C-18219 06STAIRWELLS 1 of 1
SUBJECT AUTHORIZE ENCROACHMENT IN RIGHT-OF-WAY AND USE OF STAIRWELLS IN
SIDEWALK ON EIGHTH STREET AT 900 HOUSTON STREET
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a standard Consent
Agreement with William J. Luck, owner of the building formerly known as Thompson's Bookstore at 900
Houston Street. This agreement will authorize use of the sidewalk to reopen two existing stairwells in
the 200 Block of West 8th Street.
DISCUSSION:
Mr. Luck is in the process of restoring the building formerly known as Thompson's Bookstore at 900
Houston Street. He desires to use the basement, in addition to the upper floors, for commercial
purposes. An elevator has been installed to provide for accessibility. Code requirements dictate
certain entrances and exits be provided in the interest of fire safety. The least expensive option for
providing exits is to reopen two stairwells which are original to the building. Another advantage for
using the stairwells is that it allows the applicant to retain a greater amount of floor space in the
basement. One of the stairwells has been filled with concrete, and the other has a temporary covering
of plywood.
The Encroachment Committee has reviewed this request and recommends approval with the condition
that a minimum of 48-inches of clearance is maintained between the curb and a safety railing to be
installed around each stairwell.
Mr. Luck has executed the standard Consent Agreement, and has provided the necessary insurance as
required by the City.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
MG:I
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Mike Groomer 6140 CITY COUNCIL
Originating Department Head:
SEP 5 2000
Bob Riley 8901 (from)
Additional Information Contact. 1� a1
City Secretary of tine
City of Fort wortx TO=Jim Miller 8176