HomeMy WebLinkAboutContract 26799 CITY SECRETAMyq
?N-r9ACT NO. -M7!
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
and through its duly authorized City Manager or duly designated Assistant City
Manager, hereinafter referred to as the "City", and Vo o d
acting herein by and through its duly authorized Vi ce Pres ein�T_
A nae Ica T. W=181e .
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".
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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
06
o VDollars ($#50 .
7. -Iwo (z)
The initial term of this agreement shall be thirty�3Q�year -, 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
Alftk 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
5 ����,I p ly
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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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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.
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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 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.
EXECUTEDRFR
4'tdayf ire , 2061.
CITY FO W pp ,GRANTEBy: By
ike Groome , sst. City Manager p a d
AVE .� APPRO D AS T!fa,FORM AND LEGALITY
etary City Attor yAIMIk
Date:
Contract
/^Authorization
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Ff._W 06- G'7H9 TCR.
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 a�day of
20c.
cr _
ROSELLA BARNESNOTARY PUBLICNotary Public in and for the
state of Texasmm.Exp.03-31-2005 State of Texas
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9
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 L)of-id T ti,rj(addl�,
known to me to be the person whose name is subscribrdd 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
i I i WOCA and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this [ day of
20
otary Public in a�o for the
State of Texas
t;
�,.�'•'� MELISSA •, WINE
Notary Public
State'? '� Comm.Exp^es a 28 2001
N3m,Ry
10
LOCATION OF REQUESTED SIGNS
EXHIBIT "A"
1. (On separate request to Board of Adjustments)
ON FOLLOWING SIGNS, WE REQUEST SIGNS TO BE INSTALLED 5 FEET
INTO THE CITY OF FORT WORTH'S RIGHT-OF-WAY(FROM BACK OF
CURB
2. 13'H X 8'W, non-illuminated single-sided sign, 300 yards east of east I-35W
service road, on south side of Park Glen Blvd., at 3000 Park Glen Blvd.
3. 13'H X 8'W, non-illuminated single-sided sign, southeast corner of Old
Denton Road and Park Glen Blvd., on south side of Park Glen Blvd., at 3500
Park Glen Blvd.
4. 13'H X 8'W, non-illuminated single-sided sign, southeast corner of Park
Glen Blvd. and Courtright Dr. on south side of Park Glen Blvd., at 3650
Park Glen Blvd.
5. 4'H X 4'W,non-illuminated single-sided sign, 20 feet west of Cogley Dr. on
south side of Park Glen Blvd., at 3524 Park Glen Blvd.
6. 4'H X 4'W, non-illuminated single-sided sign, 30 feet east of Cogley Dr. on
south side of Park Glen Blvd., at 3604 Park Glen Blvd.
7. 4'H X 4'W, non-illuminated single-sided sign, 113 feet east of Cogley Dr. on
south side of Park Glen Blvd., at 3612 Park Glen Blvd.
8. 4'H X 4'W, non-illuminated single-sided sign, 188 feet east of Cogley Dr. on
south side of Park Glen Blvd., at 3620 Park Glen Blvd.
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Dallas 7X 75204 USA INSIJRERSAFPORDr4GCOVERAGE
INSURED L45UMMA. Great Northern Insurance Co.
The Perot Group L43CMHLB.
12377 Merit 0:ive, Suite 1700
Dallas TX 75251 USA UMURERC
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MAY BE LS SUED O R MAY PERTAIN,THE INSURANCE AF FORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TYIE TEP JvZ.EXCLUSIONS AND
CONDMONS OF SUCH POLICIES.AGGMEGATE LIMITS SHOWN MAY HAYS BEEN RF17lX1:.D BY PAID CLAIMS.
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RE: Signago Agreement - City Of Fort Worth/Heritage
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DATE TMMSW,7L(f ISYJIII[i COMPANYWLLL DMEAVORTO MAIL
City Of sort Worth 30 dAYSY,RLrMNO=TOTKEC RTWICATEHOIDFRNAj4W10TML.FFI',
Departcent of Developmens aurrADL7(cTO00S0OL4LL MM3980CDLJ*ATWNORUABUMV
Atte: James F. Miller OF ANY mmuPOHTmzCOMPANY.MAGENTSoitRIP ENrATNEs.
1000 Throckmarton AUTIK)R=jFYRE$ENTATIV21
Forth Orth TX 7610$ WA
Cercincate ND: 250000059720 Hvryci i�wwP.'
TOTAL PAGE.02 **
City of Fort Worth, Texas
4bolvor and Council Communication
DATE REFERENCE NUMBERPA
4/3/01 C-185FLOG NAME GE
33 06SALES 1 of 1
SUBJECT CONSENT AGREEMENT WITH HILLWOOD DEVELOPMENT CORPORATION TO
AUTHORIZE THE ENCROACHMENT OF DIRECTIONAL AND SALES SIGNS WITHIN
THE RIGHT-OF-WAY OF THE HERITAGE SUBDIVISION
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a standard consent
agreement with the Hillwood Development Corporation permitting the temporary placement of signs in
the right-of-way at Heritage Subdivision for a period of two years.
DISCUSSION:
On December 14, 1993 (M&C C-14113), the City Council authorized placement of real estate sales and
directional signs in the right-of-way of various streets in the Park Glen Subdivision. The authorization
was granted contingent upon annual approval by the City Council.
The Hillwood Development Corporation, through its Vice-President Angela T. Waddle, is requesting
permission to place similar sales and directional signs within the right-of-way at Heritage Subdivision
(see attached map). The application is identical to previous ones at the Park Glen Subdivision.
The applicant has requested approval for ten years because that is the projected period for "build out".
However, the Encroachment Committee feels an approval for ten years could be construed as a
permanent encroachment, and therefore the City Council should have an opportunity to review this
encroachment on a bi-annual basis. Each sign will be required to have a separate sign permit.
The encroachments are located in COUNCIL DISTRICT 4.
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 I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 APPROVED
Originating Department Head: CITY COUNCIL
Bob Riley 8901 (from) APR y�1 U 2001
Additional Information Contact: u. ltJ
City Secretary of the
Bob Riley 8901 City of Fort Wortl%Texas