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CONSENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT made and entered into the day
of 1971, by and between the CITY OF FORT WORTH,
* municipal corporation of Tarrant County, Texas, acting here-
in by and through Rodger Line, its duly authorized Acting City
Manager, and THE FORT WORTH NATIONAL BANK, of Fort Worth, Texas,
hereafter referred to as "Grantee,"
W I T N E S S E I H
1.
For and in consideration of the payment by Grantee of
the annual charges set out below and the true and faithful per-
formance of the mutual covenants herein contained, the City of
Fort Worth hereby agrees that it will not object to Grantee
encroaching upon, using and occupying portions of the space on,
under and/or above the public streets for the purposes as des-
cribed and located in Exhibit "A" attached hereto. Said Exhibit
"A" is incorporated herein by reference and is to be considered
as a part of this instrument.
2.
All construction, maintenance and operation in connec-
tion with such encroachment and use shall be performed in strict
compliance with the lawful provisions of the Charter, Ordinances
and Codes of the City of Fort Worth and in accordance with the
lawful dlrecti,)ns of the Director of Public Works of said City.
Al"! plt�ns :nd specir'leations c.`;vering thle .:se in addtt!_�-,)n to that
now existing and as shown on Exhibit "A" shall be subject to
the prior approval of the W-rector of Public Works, but such
approval shall not relieve Grantee of responsibility for con-
cept, design and computation in the preparation of such plans
and specifications.
3.
There shall be no encroachments in, under, on or
above the surface areas of the streets and sidewalks covered
by this agreement, except as shown on Exhibit "A" referred to
in Paragraph I.
4.
In the event any installation, reinstallation, reloca-
tion or repair of any existing or future utility or improve-
ments owned or constructed by or on behalf of the public or at
public expense is made more costly by virtue of the construc-
tion, maintenance or existence of such encroachment and use,
Grantee shall pay to the City an additional amount equal to such
reasonable additional cost as determined by the Director of Pub-
lic Works of the City of Fort Worth.
S.
Prior to December 31, 1971, the City of Fort Worth is
to conduct a survey and study of the present and anticipated
construction by Landowners in the City of Fort Worth, which con-
struction is -�r may be on, under and/or above the public streets
and sidewalks, for the purpose of establishing an equitable and
uniform method of fixing a reasonable inspection fee coinmensur-
ate with the cost of such inspection, and it is the understand-
Ing of the parties hereto that upon the adoption of such miethod
of computing the fee, this contract will be amended accordingly
to reflect such charge developed as a result of said study and
survey.
Subject to the foregoing, the Grantee binds and obli-
gates itself, its successors and assigns to pay to the City of
Fort Worth at the time this agreement is executed the sum of Ten
Thousand Dollars ($10,000.00) ; and Grantee further agrees, binds
and obligates itself, its successors and assigns, to pay to the
City of Fort Worth each subsequent year during the term hereof
the fee as established following the above referred to survey,
the first such annual payment becoming due on or before the first
day of May, 1972, and a like amount becoming due and payable on
or before the first day of each May thereafter during the term
hereof.
This fee is subject to an initial adjustment as herein-
above set out, and appropriate adjustments thereafter depending
on the actual Costs incurred in performing the required inspec-
tion and supervision of the construction described herein, pro-
vided, however, that such charge shall not, in any year of this
contract, exceed the sum of $10,000-00-
Grantee covenants and agrees to pay to the City on or
before the first day of May of each year during the remaining
term of this contract, the amount of the adjusted annual payments,
pro >
'd d rte armounr of such payments is reasonably necessary to
cover such costs of inspection and supervision.
6.
The initial term of this agreement shall be twenty-five
(25) years, cominencing oin t"he datc, thl's cgreoment is oxecuted.
7.
Upon the termination of this agreement for any reason
whatsoever, Grantee shall, at its option and at no expense to
the City, (1) restore the public streets and adjacent supporting
structures to a condition acceptable to the Director of Public
Works and in accordance with then existing City specifications
or (2) relocate and restore any public improvements situated in
the public streets, in a manner acceptable to the City, in order
to avoid obstructing or damaging their lawful use by the City of
Fort Worth.
8.
It is further understood and agreed between the parties
hereto that the City of Fort Worth exercises such powers over the
streets as have been delegated to it by the Constitution of the
State of Texas or by the Legislature; that the City of Fort Worth
controls the streets as trustee for the Public; and that the city
of Fort Worth 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 the City of
Fort Worth, 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 to be used for any
other public purpose, including but not being limited to under-
ground, surface or overhead communication, drainage, sanitary sew-
erage, transmission of natural gas or electricity, or any other
public purpose, whether presently contemplated or not, then this
agreement shall be automatically cancelled and terminated.
9.
Grantee agrees to comply fully with all lawful apPli-
cable federal, state and municipal laws, statutes, ordinances,
codes or regulations in connection with the construction, oper-
ation and maintenance of said encroachments and uses.
10.
Grantee agrees to pay promptly when due all lawful
fees and taxes provided for by this agreement or any federal,
state or local statute, law or regulation.
11.
Grantee covenants and agrees to indemnify, and does
hereby indemnify, hold harmless and defend, the City of Fort
Worth, its agents, servants or employees, from and against any
and all claims for damages or injuries to persons or property
of whatsoever kind or character, whether real or asserted, aris-
ing out of or incident to the construction, maintenance, occupan-
cy, use, existence or location of the said encroachments and uses.
12.
Grantee agrees to furnish proof that it has secured and
paid for a policy of public liability insurance covering all pub-
lic risks related to its use or occupancy of the property as
Located and described in Exhibit "A". The amounts of coverage of
such Liability insurance shall not be less than the maximum
amounts that can be imposed on the City under State law.
Grantee agrees, binds and obligates itself, its succes-
sors and assigns, to maintain and keep in force such Liability
insurance, and proof of maintenance of such liability insurance
shall be submitted with the annual payments under the same con-
ditions and time as set out in Paragraph 5. Each such insur-
ance policy shall provide that it cannot be cancelled or amend-
ed without a minimum of thirty (30) days' advance notice to the
City.
13.
When this agreement is executed, Grantee agrees to
deposit with the City of Fort Worth a sufficient sum of money
to be used to pay necessary fees to record this consent agree-
ment 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.
14.
This agreement shall be binding upon the parties here-
to, their successors and assigns.
EXECUTED at Fort Worth, Tarrant County, Texas, this
day of 1971.
CITY OF FORT WORTH
ATTEST: B
Arotkng City Manager
�j 'i t�� Secretary- -
APPROVED AS TO FORM AND LEGALITY:
�14 _� eoalt�l
City Attorney
THE T WORTH NATIONAL BANK
ATTEST: B
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