HomeMy WebLinkAboutContract 26914 CITY SECRETARY
CONSENT AGREEMENT CONTRACT NO. /
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 Performing arts Fort
Worth
acting herein by and through its duly authorized Directors
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:
5th Street- 301 5th St . 10' -10"X 6 ' -10"= 68 sq. ft . 4" total
4th Street- 330 4th St . - 9 ' -34" X 91 -7&5/8"=83 sq. ft . total
4th Street Pylon- one @ corner of Calhoun; one @ corner of Jones .
both bases are 1 ' -2" square= 2 sq. ft .- 4" total
Grand Total = 153 sq. ft . 8"
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".
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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
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to City at the time this agreement is executed an application charge in the sum of
Six Hundred Thirty Five Dollars & no/00 Dollars ($ 635.00
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
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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
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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.
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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.
sCUD�MD
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.
EXECUTED this day of A 20 C'
CITY OF FIT
WO H, GRANTOR Performing Ft . WorilRANTEE
By: / By:
ike Groomer, Asst. City Manager Mart t Bowen, President/CEO
A4P APPRO D A TO FORM AND LEGALITY
Cit Secreta City ftorney
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Date: contract authorization
DateU IS U.`'15� CJ EDD
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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 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this loo day of
20v/
P m ROSELLA BARNES
*: i*p NOTARY PUBLIC Notary Public in and for the
; P State of Texas State of Texas
Orr Comm.Exp.03-31-2005
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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 c,r I; �, C, P 01' e%,\ ,
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
tarts Vlov-t �1�r� l� , and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20 1Z
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LaNetta R.Addy '
c* NOTARY PUBLIC
STATE OF TEXAS Publ in and for t e
r1rF'F �g My Comm.Exp. 01.12-2002 State of Texas
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Contractor has reviewed this submittal for general comptiance WM No a{fa K-�s
Contract Documents. Contractor's action does not relieve 6u�' ar-t�1 H t
Subcontractor/Supplier of any contractual,statutory,equitable or other Q
responsibilities,Including without limitation; �ui'�r1aKL.
1.Furnish all required labor and materials Oo
2.Confirm all quantities and dimensions
3.Perform all work In a safe and acceptable manner:and
4.S lect all fabrication processes and construction techniques
—W1 ieviewed o Exception,-tiatad.i�
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DATE(M WDDr1fY)
ACORD. C,ERTIE•ICATE OF LIAB.ILrry INSURANCE 06119101
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Aon Risk SeNices,Inc.of Texas ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
301 Commerce Stfeat HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Suite 2101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Fort Worth TX 76102 COMPANIES AFFORDING COVERAGE
COMPANY N
A orthem Insurance Co of NY
INSURED COWANY
Performing Arts Fort Worth Inc 6
555 Commerce Stleet COMPANY
Fort Worth TX T6102 USA C
COMPANY
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED 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 CESCREED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCL NSAND CONDTIONS OF SUCH POLICES.LIMITS SHOWN MAYKAVE BEEN REMCED SYRAID
CoPOLICYEFnCTn,v. Pauci-xinxAncw
M TYT60FINSURANCE POI-10,vult1YY DATEnDI/wrn) 13a7E(%DIIDDM1II LAIITS
A GENERALLIAo1LITY CMMS6103377 04101101 04/01/02 GENERALAGGREGATE $2,000,000
X COMMERCIAL OENERAL LIABILITY PRODUCTS-COMPIOP AGG $2,ODO,ODO
PERSONAL 8 ADV NJURY
cLAJMBMADG }{ OCCUR $1,000,000
OWNERS&CONTRACTOR•S PROM WK OCCURRENCE $1,000,000
FIRE DAMAGE(Anv one Ert) $1,000,000
LIED EDLP VW ore De.wq) 85,000
AUTOMOBILE LIANLSTY COMBINED SINGLE LIMiT
ANY AUTO
ALL OYYMED AUT03 0004Y NJURY
SCHEDULED AUTOS (Per parson)
HIRED AUTOS BODILY NJURY
NON-OWNED AUTOS
PROPERTY DAMAGE
GARAGE UABIL)TY AUTO ONLY-EA ACCIDENT
ANY AUTO OTH ER T HAN ALJrO ONLY.
EACH ACCIDENT ..
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LXQ=UABILnY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
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WORKER'ScOBPENSATIONAND 11
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DESCRIPTION OF OPrPtATi0NS&OCATIONWVENICLE3f3PEG4,L ITEMS
Sidewalk encroachment for canopy and sign pylons cn 4th and 5th street,Fort Worth,TX
CERTIFICATE HOLDER
SHOULD ANY OF THE ABOVE DESCRBED POLICIGS BE CANCELLED BEFORE THE
City of Fort Worth EXPIRATION DATE THEREOF.THE ISSUING COMPANY WILL ENOEAVCR TO MAIL
1000 Throclanorton 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMrD TO THE LCPT.
Fort Worth TX 76102 LISA BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO DELIGATION OR LIABILITY
OF ANY KIND UPON THE: COMPANY. ITS AGENTS OR RGPMrSGNTATNES.
AUTHORIZED - RESENTATIVE
ACORD 2$$ 1196 CD
Certmeats No: 260000102960 Holder Identifier6D
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City of Fort Worth, Texas
4velvor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
6/12/01 **C-18616 06MUSE 1 of 2
SUBJECT ENCROACHMENTS IN RIGHT-OF-WAY - CONSENT AGREEMENT WITH
PERFORMING ARTS FORT WORTH AUTHORIZING INSTALLATION OF CANOPIES
AND PYLON SIGNS ON FOURTH AND FIFTH STREETS
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a standard consent
agreement with Performing Arts Fort Worth authorizing the installation of canopies and pylon signs for
Maddox Muse Center.
DISCUSSION:
The Maddox Muse Center is located on the block bounded by Fourth Street, Fifth Street, Calhoun
Street, and Jones Street. It includes the complex of buildings which are physically joined together, and
contains the following facilities:
• Van Cliburn Recital Hall;
• McNair Rehearsal Studio;
• Offices of Performing Arts Fort Worth;
• Offices of the Fort Worth Symphony; and
• Central Plant for Bass Performance Hall.
Karen Yeoman, Senior Project Manager for Sundance Projects Group, is requesting permission to
install two canopies (one on Fourth Street and one on Fifth Street) and two pylon signs (one at Fourth
Street and Calhoun Street, and one at Fifth and Calhoun Street).
The purpose of the canopies is to provide weather protection at building entrances, as well as entrance
identification at those entrances.
The purpose of the pylon signs is to provide specific identification to the Maddox Muse Center.
The Encroachment Committee has reviewed this request and is recommending approval.
City of Fort Worth, Texas
qV01yor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
6/12/01 **C-18616 06MUSE 2 of 2
SUBJECT ENCROACHMENTS IN RIGHT-OF-WAY - CONSENT AGREEMENT WITH
PERFORMING ARTS FORT WORTH AUTHORIZING INSTALLATION OF CANOPIES
AND PYLON SIGNS ON FOURTH AND FIFTH STREETS
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) JUN 12 2001
Additional Information Contact:
0�w-
City
Secretary of the
City of Fort Worth,Texas
Bob Riley 8901