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CONTRACT NO. (�/(
CONSENT AGREEMENT
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
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and through its duly authorized City Manager or duly designated Assistant City
Manager, hereinafter referred to as the "City", and Tarrant county
acting herein by and through its duly authorized �c>
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:
Two required exit doors encroach into the public right-of-way. One door
opens to the south, adjacent to First Street. The other door opens to
the east, adjacent to Jones Street.
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, tit.
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
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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
Dollars
7.
i
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.
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-
I
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
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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
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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.
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,
5
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 shall, to the extent authorized under the constitution and laws of
The State of Texas, 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;
and Grantee hereby assumes all liability and responsibility for such claims or
suits.
15.
Grantee is a governmental entity and is self-insured to the extent of its liability
under the Texas Tort Claims Act.
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.
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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 , 20-a-
CITY OF;FT ATH, GRANTOR 1+:� ��. ►_�-v , GRANTEE
By: By:
ike Groome , Asst. City Manager
T ST: APPROVED AS TO FORM AND LEGALITY
///--
Ci y:ecreecrea City Attor y
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contract Authorization ��,�Qo
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Date
STATE OF TEXAS §
7
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 Zoe day of
20 p
o,. PATRICIA A GARCIA
:f'PaY•PGe�•
NOTARY PUBLIC otary Public in and for e
t�!, fe: State of Texas State of Texas
Comm.Exp.03-31-2005
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 . j j � n1�t•1Z;r'4 ,
known to me to be the person whose name is subscribed to the fbregoing
instrument, and acknowledged to me that he/she executed the same for the
purposes and consideration`t—herein expressed, as the act and deed of
f"
icAr-va OIL46` , and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this_ 3 s' day of
i , 20 -
a� <. GRACE C. HHODEN Notary Public in and for the
, n;nry Public State of Texas
N STATE OF TEXAS
��of s My Comm.Exp.0212812005
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WEATHERFORD STEERT
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TARRANT
1= �- COUNTY LAW
CENTER
61 BOLLARD �4•BoLLLARD 0--�-- - - ----- --- - PARKING
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N GARAGE
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GideonToal
OREC'RONARROWS
6
IRST STEERT ARCHITECTURAL
(5( SITE PLAN
4- a-�
REQUIRED IXR CSOORS
(DOOR SWINGS OVER
PROPERTY LINE ONTO
PUBLIC RIGHT OF WAY}
REFER TO A7.2&A7.3
FOR ENLARGED PLAN ,
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OUNTY LAW
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PARKING
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REQUIRED EXIT DOOR SOUTH ELEVATION
ON FIRST STREET I I .. —1 1
(DOOR SWINGS
OVER PROPERTY LINE G i d e o nT0 7l
INTO PUBLIC RIGHT
OF WAY)
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REQUIRED EXIT DOOR '—'x JI 2 EAST ELEVATION
ON JONES STREET — i
DOOR SWINGS - ErrEmon
VER PROPERLY UNE ELE"7s
INTO PURLIC RIGHT A n n
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TARRANT COUNTY
BUDGET AND RISK MANAGEMENT
DEBBIE IL SCSNMER
DIR$CTOR
June 12,2001
CERTIFICATE OF SELF-INSURANCE
City of Fort Worth
Attention: Mr.Jim Miller
Department of Development
1000 Throckmorton
Fort Worth,TX 76102
Re: Block 23
Tarrant County Parking Garage
Encroachment Agreement
Dear Mr.Miller-:
Please be advised that Tarrant County is self-insured and furnishes this Certificate of
Self-Insurance in lieu of the required general liability, workers compensation and
automobile liability insurance certificate.
In the event of a claim, please contact the Tarrant County Budget & Risk Management
Office at(817) 884-2645.
Sincerely,
GGL�C� f
Paul Wood
Risk Management Specialist
PW:vvv
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TARRANI'COUNTY ADMINISTRATION BUILDING
100 E.WEATHERFORD.SUITE 301, FORT WORTH,TEXAS 761%4102 n7AM44 W FAx 11171312-77A3 1 i
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City of Fort Worth, Texas
qVilyor And 1:0uncit Communication
DATE REFERENCE NUMBER LOG NAME PAGE
7/31/01 **C-18688 1 06DOOR 1 of 1
SUBJECT ENCROACHMENTS IN RIGHT-OF-WAY - DOOR SWINGS OVER SIDEWALKS AT
THE TARRANT COUNTY LAW CENTER PARKING GARAGE
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a standard consent
agreement with Tarrant County for use of the right-of-way for two door swings at the new Tarrant
County Law Center Parking Garage.
DISCUSSION:
Tarrant County, through its architect, GideonToal, is requesting permission to install two exit doors at its
new Tarrant County Law Center Parking Garage. The doors are exit doors which will swing out and
open into the sidewalk area. One door opens to the south, adjacent to First Street. The other door
opens to the east, adjacent to Jones Street.
The Encroachment Committee has reviewed this request and is recommending approval.
The encroachments will be located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
MG:n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Mike Groomer 6140 CITY COUNCIL.
Originating Department Head:
JUL 31 2001
Bob Riley 8901 (from) j►,,,
Additional Information Contact:
Ciq secretary of tfte
City of Fort Worth,Tlxax
Bob Riley 8901