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Home My WebLink AboutContract 7820 C,0,'-:q E NT __M� TiiF s . r)F -K.,,.5 j CITY SECRETAR COUNTY OF ZARRANIT 'CON HRAC T rya ^d MIS AGREE,IPNT wade and entered into the 6 day of 19 by and hrtweea the City of Fort. Worth, a municipal corporation of Tarrant Coursty, Texas, acting herein by and through R. N, tine, its duly authorized City Manager, and Fort North National Bank 500 Throckmorton Street Fort Worth, Texas 76102 Encroachments at 4th & 5th Streets (Signs) hereafter referred to as Grantee. W I T H E S S E T H. 1. "or and in consideration of the payment by Grantee of the annual charges set out below and the true and faithful performantie of the mutual covenants herein contained, the City of Fort North hereby grants to Grantee the permission to en- croach upon, use and occupy portions of the space can and/or above the public streets for the Durposes as described and located ic< ;'.xhr„t "A," attached hereto, sari Exhibit "A" is incorporated herein by refe trace and ;, to be considered as x part of this instrument. A ' A= ct crx, r,4 AS[enarr e an Nv: i° xo=,k; do f r°= :; alt and use a rt r r;,rmec a n r,1 . v , '+$sr n UlY T. NUH, TO. CONSENT AGREPENT AN AMENDMENT TO ., ;r ZA THE STATE OF TEXAS � CITY SECRETARY COUNTY OF 1ARRANT :< $' I RAC S NoZt& THIS AGREEMENT made and entered into the ____ day of i, 19—, by and between the City of Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through R. N, Line, its duly authorized City Manager, and Fort Worth National Bank. 500 Throckmorton Street Fort Worth, Texas 76502 Encroachments at 4th & 5th Streets (Signs) 4 hereafter referred to as Grantee. W I T N E S S F T Ha V For and in consideration of the payment by Grantee of the annual charges set out below and the true and faithful performance of the mutual covenants herein contained, the City of Fort Worth hereby grants to .grantee the permission to en- croach upon, use and occupy portions of the space on andlor above the public streets for the purposes as described and locarod in Exhibit "A" attached hereto, said Exhibit "A" is incorporated herein by reference and is to be considered as a part of this instrument. All construction, maintenance and oPetction in connection with such encroach- ment and use shall be performed in st:*is t compliance with the Charter, Ordinances ;11 73-22 Kv-14 FIC,F LFL L- 1 'U'l JL H TE and Codes of the City of Fort Wotth and in aovordanca with the directions of the Director of Publia Works of said City, All plans and sn�oificatlons therefor shall ,e subject to thn prLOr approval & Ae oirocLor of Public Norks, but suall approval shall not relieve Grant.ey of responsAility for concept, design and computation in the preparation at such plans and specifications. 3. Upon completion of construction and thereafter, there shall be no encroach- ments in, under, on or above the surface area of the streets and sidewalks, involved, except as shown on Exhibit "A" referred to in paragraph 1. 4, The Grantee, at no expense to the City, shall make proper provision for the relocation and/or installation of any utilicics affected by such encroachment and use 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 any installation, reinstallation, rel• cation or repair of any existing or future utility or improvements owned or constractcd by or on behalf of the public or at public expense is made more costly by virLac of the construction, mainten- ance or existence of such encroachmenr and use, Grantpe shall pay to the City an additional amount equal to such additional cost as determined by the Director of Public Works of the City of Fort Worth. in order to defray all costs of inhve ov and supervision WhiLh the My of Fort Worth has incutred or might inLur as a ra,ult of the COMEruenon, recnnstruc- tion or maincenance of rAle ovzoAchm,vpq ord .rYs Promded for by this concract and -Y. 73-22 New j-20400 agreement, Grantee binds and obligates, itself, its heirs and assignees to pay to the City of Fort Worth at the tine this agreement is executed the sum of one hundred Collars (,- 100,00 and Grantee further agrees, binds and obligates itself, its heirs and assignes to pay to the City of Fort Worth the sum of ne'ne Dollars 0 ) per annum for each year thereafter during the term hereof, the first such annual payment becoming due on or before the first day of January, 19_._, and a like amount be- coming due and payable on or before the first day of each January thereafter during the term hereof. In the event that the City Council of the City of Fort Worth determines that the amount of any such annual payment has not defrayed, or will not defray, all of the costs of inspection and supervision, the City may, as often as necessary, adjust the amount of such annual payments to be made by Grantee; and in the event of such adjustment of the amount of said annual payments, Grantee covenants and agrees to pay to the City on or before the first day of January of each year during the remaining term of this contract, or until another such adjust- ment, the amount of the adjusted annual payments. 6. The initial term of this agreement shall be twenty-five (25) years, commenc- ing on the date this agreement is executed, 7, Upon the termination of this agreement for any reason whatsoever, Grantee shall, at the option of the City and at no cypense to the City, restore the public streets and adjacent snrq'portLn, 4tructures to -a condition cc, ptabie to the Director of Public Works and in accordanct, with, t en l,.xi-stilng C ,ity specifications. -3- 73-2 Net,,, It is further understood and agreed between the parties hereto that the legal title to city streets, which includes the portions of such streets used and en- croached upon as described herein, belongs to the State, and the City of Fort Worth exercises such powers over the streets as have been delegated to it by the Consititution of the State of Texas or by the Legislature; that the City of Fort Worth holds 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 pur- pose, including but not being limited to underground, surface or overhead communication, drainage, sanitary sewerage, transmission of natural gas or elec- tricity, or any other public purpose whether presently contemplated or not, then this agreement shall be automatically cancelled and terminated as provided in the preceding paragraph. 9 Grantee agrees to comply fully with all applicable federal, state and muni- cipal laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of said encroachments and uses. iY Grantee agrees to pay promptly when duo all fee or rentals provided for by this agreement or any federal, state or local statute, law or regulation. 73-22 New 1-20400 Crantee covenants and Agrees to indemnify, and does hereby indemnify, hold harmless and defend, the City of Fort Worth, its agenLS, servaULS or employees, it art and against any and all claims for damages or injuries to persons or pro- rerty of whatsoever kind or character, whether real or asserted, arising out of or inLident to the construxtion, maintenance, occupancy, use, existence or lowa- rion of the said encroa,hmenLs and uses; and Grantee hereby assumes all liability and responsibility for injuries, claims or suits for damages to persons or proper- ty, of wharsoever kind or character, whether real or asserted, occurring during thP term of this agreement and arising out of or by reason of Lhe construction, mmintenancE, occupAncy, use, existence or location of the said encroachments and uses Gtantee agrees to furnish proof that he has secured and paid for a policv Of pUbIlL liability insurance covering all public risks related to the proposed net 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 aLCLdent a 50'(wir Personal injury or deauh, per person 100,• 01) Personal injury or death, per Accident 1100,1)€10 wLtn the understanding of and azteemenl_ by GrHntee thaL such insurance amounts may be revised upwdtd at GranLot's Option and that Grantee covenants and agrees to SO IeVISO such amounts within thirty (3 0) days, foilowing notice to Grantee or W"Ch rpculreme= A-22 Now Gr.nLee agrees, hinds and oblivares itself, its heirs and assignees to main- Lain and keep in fozce .,uc h Liability insurance; proof of maintenance of such Ainb0ity insurance shall be submitted with the annual payments under the same ,anditions and time as cut out in Section 5. Each such insurance policy shall provide that it cannot be cannaLled or amended without a minimum of thirty (30) days' advance notice to the City, 13. Grantee agrees to deposit with the City of Fort Worth when this agreement is executed a sufficient sum at money to be used to pay necessary fees to record this consent agreement in its entirety and 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 hereto, their successors and assigns, EXECUTED this day of 191 CITY OF FORT WORTH By R. NI-Trne City Manager A TT PST'r Secry It.Y_s'l etar APPROVED AS TO FORM AND LEGALITY: QEY Attorney Fort rth National Bank BY ATTFST� nior Vice President 73-22 New tril &..r j Wajo, Coy, � .� �V t, e-€_ t!>r € a a .a c.XE(-'LJ41VE=OFF E S f=ORf WO i H, f X,A5, 76101 dr r.` H Haia stri n Grn.rdl(neufanaa rut Mob,Texas 'S 1 I..sururs lndc tinny afad Iasuranre CO, 01dahurna City,OH3 �1 ttr€ ,0 f�ptts,,4',d 1;i 1110 c u,.,}1..r:y ijv'..tgnalfd by h'ttc,t . 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