HomeMy WebLinkAboutContract 29581STATE OF TEXAS
COUNTY OF TARRANT
CONSENT AGREEMENT
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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 Assistar�i Cify
Manager, hereinafter referred �� as the "City", a�d ��.��`,�,_. '`
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acting herein by and through its duly authorized `,_�n���;,� `1 c„ �fi� �-�;�,�;r��s
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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:
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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".
2
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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 awned 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.
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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
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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 the sum of
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7.
The initial term of this agreement shall be thirty (30) years, commencing
on the date this agreement is executed by the City of Fort Worth.
:
Upon termination of this agreement for any reason whatsoever, Gr�ntee
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
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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 por�ions
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of the streets, alleys, sidewalks and other rights-of-way to be used for any other
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.
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 �nay 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,
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and all persons performing same, and shall be solely responsible for the acts and
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, servanis 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.
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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
Bodily_injury, per person
$100,000
$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.
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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 recorded, the original 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.
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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
Manager or designee. Any attempted assignment without prior approval will be
void.
19.
This agreement shall be binding upon the parties hereto, their successors
and assigns.
EXECUTED this �'� �- �I day of f��� �; r u�=s ° , 20 �'�.':
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CITY OF FORT WORTH, GRANTOR �'� ��4��`�� �� �_� o„r��``''`` , GRANTEE
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By: ;�� T �%C� ✓ C ��y ��F By: � „1�.::1' i \�K�,z�,1�'+� � r�;�
Reid Rector, Asst. City Manager
ATTEST: APPf
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STATE OF TEXAS
COUNTY OF TARRANT
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BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared Reid Rector, 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.
r-GIVEN UNDER MY HAND AND SEAL OF OFFICE this
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•'r�PR�'P�B�• ROSELLA BqRNES
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t�i �;�� NOTARY PU�LIC
':,�9�, �Py; State of iexas
��. , oF , f Comm. Exp. 03-31-2005
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Notary Public in and for the
State of Texas
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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 �_., ��` �'� - ,
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
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', and in the capacity therein
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-�- �GIVEN UNDER MY HAND AND SEAL OF OFFICE this '-�l �� day of
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Notary Public in and for the
State of Texas
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`,��opRYPUeii� SUSAN HEDARY
�?� '•� = Notary Publlc, State of Texas
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A RD�, CERTIFICATE OF LIABILITY INSURANCE DATE
7/30/2003
PRODUCER (817 )332-8288 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brad I ey I nsurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
C I i nt HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1415 Summ i t Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Worth, TX 76102 INSURERS AFFORDING COVERAGE
INSURED Refuse 2 Be, ADD I SON , BRADLEY & WALLACE DBA INSURER A: Da I I aS F I f e I nsurance Company
9931 ALL I SON CT. iNsuReR e:
INSURER C:
L I PAN, TX 76462 INSURER D:
817 319-7303 Ext . iNsuRea e:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HER[IN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD DATE MM/UD/YY LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1 , OOO , OOO .
X COMMERCIAL GENERAL LIABILITY DGL057735 O%�`29�ZOO.3 O%�Z9�ZOO4 FIRE DAMAGE (Any one tire) $ rJO � OOO.
CLAIMS MADE � OCCUR MED EXP (Any one person) $ rJ , �00.
A PERSONAL&ADVINJURY $1,000,000.
GENERALAGGREGATE $2,000,000.
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Z, OOO , OOO
X POLICY PR� LOC
JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO (Ea accidant) $
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per accident) $
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
. AUTO ONLY: qGG $
EXCESS LIABILITY EACH OCCURRENCE $
OCCUR � CLAIMS MADE AGGREGATE $
$
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND WC STATU- OTH-
EMPLOYERS' LIABILITY - TORY LIM TS E
E.L. EACH ACCIDENT $
E.L. OISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIM141T $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
City of Fort Worth is listed as additional insured. Insurance for address: 604 S Jennings Avenue Fort Worth, TX
CERTIFICATE HOLDER X ADDITIONAL INSURED; iNsuReR �erreR: A CANCELLATION
Bu i I d i ng Off i c i a l of the SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
. � C I t�/ O�F FOiL W01'th �� - DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 � DAYS WRITTEN �
1000 Throckmor ton NOTICE TO THE CERTIFICATE H O THE LEFT, B AILURE TO DO SO SHALL
, FOit WOi'CIl TX �B1 OZ— IMPOSE NO OBLIGATION OR LIABILITY O� ANY��KI D UPO - HE INSFIRER, ITS AGENTS OR
� - - REPRESE ATIVES. � �
HO D REPRESENTATIVE � � �
ACORD 25-S (7/97) �� mACORD COR ORATION 1988
���t� � �r
City of Fo�t Wo�tli, Texas
�►�Ayar Af1d Caunc�l Cammun�cAt�an
DATE REFERENCE NUMBER LOG NAME PAGE
9/23/03 **C-19754 06JENNINGS 1 of 1
SUBJECT ENCROACHMENT IN RIGHT-OF-WAY: CONSENT AGREEMENT WITH REFUSE-2-B-
LIMITED, L.P. AUTHORIZING USE OF THE RIGHT-OF-WAY FOR CONTINUANCE OF
EXISTING DOORSWINGS AND PROPOSED SIDEWALK IN ALLEY AT 604 SOUTH
JENNINGS AVENUE
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a consent agreement
with Refuse-2-B-Limited, L.P. authorizing use of the right-of-way for continuance of existing doorswings
and a proposed sidewalk in the alley at 604 South Jennings Avenue.
DISCUSSION:
Refuse-2-B-Limited, L.P. has recently purchased the building addressed as 604 South Jennings
Avenue. Previous uses of the building include a grocery store and Fort Worth Linographics. It is
currently being renovated to provide retail space and/or office space. In order to obtain a building
permit, the Code requires a consent agreement be executed to authorize continuance of door swings
into the alleyway. Don Addison, Managing Partner of Refuse-2-B-Limited, L.P., is requesting this
continuance as well as permission to construct a new sidewalk from an existing ramp at the rear of the
building across the alley to a parking lot.
The Encroachment Committee has reviewed these requests and is recommending approval.
The encroachments are in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
RR:k
Submitted for City Manager's
Office by:
Reid Rector
Originating Department Head:
Bob Riley
Additional Information Contact:
Bob Riley
FUND ACCOUNT CENTER AMOUNT
(to)
6140
8901 (from)
8901
CITY SECRETARY
APPROVED 09/23/03