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HomeMy WebLinkAboutContract 26300 CITY R CORETNARY � ®D CONSENT AGREEME$Q STATE OF TEXAS § 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 actin herein by and through its duly authorized2L,2e � hereinafter referred to as "Grantee". WITNESSETH: 1. For and in consideration of the payment by grantee of the application charge set out below and the true and faithful performance 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: �e &,Qi57'dx �L- -*&-"-,e,7-'-&-)-.® " , 9 7610.E Z.OL gy a s Fwam Q1 ��C COID s,cimly m jp.s�►M6 U-r 1 ,o v17-. I L u M- 6 th S��- 6re E7` S rah The location and description of said encroachment is more particularly 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 thereof shall be subject to the prior written approval of the Director of Transportation and Public Works, or his duly authorized representative, but such approval shall not relieve Grantee of responsibility and liability for concept, design and computation in 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". 0iN C-KA L GEC00VOD � �l`►'���' G1lb 4. Grantee, at no expense to the City, shall make proper provisions 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 political subdivisions. In the event that any installation, reinstallation, 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 construction, 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 representative. 5. City may enter and utilize the referenced areas at any time for the purpose of installing or maintaining improvements necessary for the health, safety and welfare of the public or for any other public purpose. In this regard, City shall bear no responsibility or liability for damage or disruption of improvements installed by Grantee or its successors, but City will make reasonable 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 construction or maintenance of the encroachments and uses provided for by this agreement, Grantee agrees to pay jf',) Cuff? 2C�(u GNMR, WAADJF1l0w T to City at the time this agreement is executed an application charge in the sum of II r�G Dollars 7. The initial term of this agreement shall be thirty (30) years, commencing on the date this agreement is executed. 8. Upon termination of this agreement for any reason whatsoever, 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 representative, and in accordance with then existing City specifications. 9. It is further understood and agreed upon 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 streets, alleys, sidewalks and other rights-of-way to be used for any other OJ K GL V' -10ED 4 public purpose, including but not being limited to underground, surface or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, then this agreement shall be automatically canceled or 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 its operations, and all persons performing same, and shall be solely responsible for the acts and '-/ff f CLOG''= G'�cud© CC c�ti�IC-11E PERll`'V 5 Fi, ���ts''f'11UUp VBl'. omissions of its officers, agents, 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 connection 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 the 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 connection with any and all acts or omissions of Grantee, its officers, agents, servants, employees, contractors, subcontractors, licensees, invitees, or trespassers. 6 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 canceled 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 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 coverage required herein shall include coverage of all Grantee's contractors. 7 ___ 16. Grantee agrees to deposit with the 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 the City for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorney's fees. 18. Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the prior written approval of City, and any attempted assignment without such prior written approval shall be void. 19. This agreement shall be binding upon the parties hereto, their successors and assigns. EXECU this day of �"�,,,,,��r , 20 0 0 . Cl FO RA TOR ss. Cr Iahj�o�r�n��s ,GRANTEE By: By: -fix--- M e Gro mer, st ity Manager ATTEST• � , APPR ED AS 1"q ORM AND LEGALITY City cretary City &or y Date: — - I -� "' I tract Authorization �'ffl'C s � ` ` IDD M, �^ 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 consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. ' 9VEN UNDER MY HAND AND SEAL OF OFFICE this ��day of o ary.Public in n for the State of Texas NOTARYPUBLIC State of Texas Com t71. EXT?. 09-29.2002 5� �YfV�i j�r'liU(tP ���o 9 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public i and for the State of Texas, on this day personally appeared /�1/ � j�� 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 c nsideration therein expressed, as the act and deed of � and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 200 6 . v Not ry,Public in and for e Stat Texas ,,,1:1 ;R�:Ra.. ".�+n..-•.Tywf9wyaef,4wl1 ''""�� g ; Notary puh;ic,ota(c()(Texas y '+ Aly Commission Expires March 09,2004 1PIUMA ON 10 CP- 02 13, CANOPY 0 I H c� w I � N G 3'-81 ' tL U- 0) rn BACK OF N CURB - HOUSTON STIM VAULT C_ HOUSTON STREET DOORS @_PLAN SIDEWALK ��ts'=t'—o. VAULT ENTRANCE 5TH STREET I u �BCOGa� C�' cooPID //� SECTION 0 2 /-8,1 '-o• • 50° associates 015rporated NEW TRANSFORMER VAULT min street - for the STS TOWER fort worth . texas 76102 (e») e77-0691 515 Houston Street __....r architecture • engineering • interiors Fort Worth, Texas DATE Job No: DRAWN BY: SHEET No: 9.15.0 20007 1 OR VA2 f_--t „A' —— ENTRANCE CANOPY NEW CANOPY °o TO BACK OF CURB o L0 Of 5th STREET Lf C� HOUSTON STREET L vwLT PROPERTY UNE/ BUKDINc WALL SEE SURVEY IsnNc BASEMENT urr(Moo" CURB) C—B' EXisnNc CURB PROPOSED CAN DUSTING DO4 RS ON n RAMP UP max 1:12 POSED ENTRANCE CANOPY t RECORD REVISED CANOPY ENCROACHMENT vidaud + associates incorporated 500 main street suite 1015 THE STS TOWER 7 GROUND FLOOR LOBBY REHABILITATION fort yr texas 76102 (817) 87 X77-0691 515 HOUSTON STREET architecture • engineering • interiors FORT WORTH,TEXAS .. onrE: POB No: ow►wN BY. SHEET No: �/a 9 15 00 8037.00 or VAi 4 a- —••-----------.._�. u � I ` I -- --F_. --•-----------------------------a--._.._.._.._. 8 ! 9 I I V Lunn , I , 1 � 1 841 I = w_ t oZ c� I i 26 g I ' I ' ! ,MA ONNU t axe ia A , Q .r x 5�. II Uo U'�U��.StlUg � c I I � LL 5TH ST � r 3 a � o -`CAO ow z ,p rn n 4TH ST m m SCALE V4" = 7' LIST 0F DRAWIP _m - STS TOWER o• 515 HOUSTON ST � N 0 FORT WORTH, TEXAS DATE 2-22-00 DWN. LEL CH. ENG, SAK APP. ORI IAL Moo ED SAGiFAX 927100 3:17PM HIGG!N iilzLiAlskiLl9.4 INQVLJL v PAGE 1 ACORD- CERTIFICATE OF LIABILITY INSURANCE 09/27/o PRODUCER THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION Higginbotham & Assoc. , Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.0. BOX 90 B HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth, TX 76101 817 336-2377 INSURERS AFFORDING COVERAGE INSURED INSURERA:USF Insurance Company Swett Fossil Creek Land Partners Inc INSURER B: 6352 Skylark Circle INSURER C: Fort Worth, TX 76180 INSURER D: INSURER E: COYERAGES THE POLIGESOFINSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REAUIREIMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE MWED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDMONS OF SUCH POLICIES. AQQREOATE UMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. R POLICYEFFECTIVE PID LICYPIRA ION TR TYPEOFINSURANCE POUCYNUMBER DAT MM TE IM M DD OMITS A PENLLIA91UTY MS02898 04/29/00 04/29/01 EACHOCCURRENOE bl OOO 000 MERCIALGENERALLIABILITY FIRE DAMAGE(Anyonatira; S 50 000 CLAIM3MADEL OCCUR MEDEXP(Anyon@paraan) S 1 000 /PD Ded: •5500 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE S2 000 000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG 1 b POLICY PROT F7 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT b ANY AUTO (Ea acoldrrnt) ALL OWNEDAUT09 EIODILYINJURY b SC H EDU L ED AUTOS rwParton) HIREDAUTO6 BO DI LY INJURY b NON-OWNED AUTOS Ftn accidtn U PROPERTYDAMAGE b (Par aocldan t) GARAGE LIABILITY AUTO ONLY-EA ACCI DENT b ANYAUTO OTHER THAN EA ACC b AUTO ON LY: AGG 1 b EKCE33IUABILITY EACH OCCURRENCE b OCCUR FIOLAIMS MADE AGGREGATE b � S DEDUCTIBLE b RETENTION B .b WORKERS COMPENSATION AND TORYT M TS OER EMPLOYERS'LIABILITY EL.EACH ACCIDENT S E.L.DIS SAS E-EA E MPLOYEE1 b E.L.DISEASE-POLICYLIMIT b OTHER DESCRIPTION OF OPERATIONS/LOCATION31YEHICL®/EXCLU3IONS ADDED BY ENDORSEMENT(SPECIAL PROVISIONS Re: STS Tower 515 Houston Fort Worth TX 76102 I��saLSWn1RY 11'I CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER CANCEUATION r 3HOULDANYOFTHEABONEDESCRIaEDPOLIO ESBECANCELLED aEFORETHE EXPIRATION City of Fort Worth DATETHEREOF,THEISSUINGINSURER W.LLENDEAVORTOMAIL1(L—DAY3WRITTEN 1000 Throckmorton NOTICETOTHECERTIFICATE HOLDER NAMEDTOTHELEFT,BUTFAILURSTODOSOSMALL Fort Worth, TX 76102 1 MIROS ENO OBLIGATION OR LIASfLiTYOF ANYKIN D UPON Th E,NSURER,tTS AGENTS OR REPRESENTATIVES. AUTHORIZEDREPA ENTA ACORD 28-5(l/M l of 2 #S 4 8 514/M4 4 8 5 6 BES 0 ACORD CORPORATION 1988 City of Fort Worth} Texas "near and council communieniflon DATE REFERENCE NUMBER LOG NAME PAGE 9/26/00 **C-18241 1 06BENN1 1 of 1 SUBJECT ENCROACHMENTS IN RIGHT-OF-WAY - ENTRANCE CANOPY, GREASE TRAP, AND ELECTRICAL VAULTS FOR BENNIGAN'S AT 515 HOUSTON STREET RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a standard consent agreement with Fossil Creek Land Partners, owner of the building at 515 Houston Street. DISCUSSION: Farukh Aslam, President of Fossil Creek Land Partners, is requesting permission to encroach into the right-of-way with an entrance canopy, grease trap, and two electrical vaults on the Fifth Street side of the property. The building was formerly known as the Meacham Building, and more recently as the Color Tile Building. The Encroachment Committee has reviewed the application and is recommending approval. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head: Bob Riley 8901 (from) SEP 26 20M Additional Information Contact: City Secret;y of the 'ity of Fort W.a%.Texas Jim Miller 8176