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HomeMy WebLinkAboutContract 10491 - CONSENT AGREEMENT CITY SECRET A, THE STATE OF TEXAS ( (� ,� COUNTY OF TARRANT 1 ' I THIS AGREEMENT is made and entered into the 24thday of April 1979 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 hereinafter referred to as the "City", and Bass Brothers Development Co. hereafter referred to as "Grantee. " W I T N E S S E T H 1. For and in consideration of the payment by Grantee of the application charge set out below and the true and faithful per- formance of the mutual covenants herein contained, the City of Fort Worth hereby grants to Grantee permission to encroach upon, use and occupy portions of the space under, on and/or above the public streets for the purposes as described and located in Exhibit "A" attached hereto. Said Exhibit "A" is incorporated f herein by reference and is to be considered as a part of this instrument. 4 CITY SEC 21Y � T 11.j F�zt F�. r Tq irt. 2 . 2;11 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 of Fort Worth and in accordance with the directions of the Director of Public Works of said City, or his duly authorized representative. All plans and specifications therefor shall be .°subject to the prior written appt6Val of the Director of Public Works, or his duly authorized representative, but such approval shall not relieve Grantee of responsibility and liability for .concept, design and computation in the 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 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 existing o future utilities affe' ed 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 any installation, -2- reinstallation, relocation or repair of-, any existing or future— utility or improvements owned or 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 the City an additional amount equal to such additional cost as 6eterfnitied by the Director of Public Works of the City of Fort Worth, or his duly authorized representa- tine . 5 . In order to defray all costs. of inspection and supervision which the . City of Fort Worth has incurred or might incur as a result of the construction, reconstruction or maintenance of the encroachments and uses provided for by this contract and agree- ment, Grantee binds and obligates itself, its heirs and assignees to pay to the City of Fort Worth at the time this agreement is executed an application charge in the sum of One hundred dollars Dollars ($100.00 ) . 6 . The initial term of this agreezrient shall 'be twenty-five (25) years, . commencing on the date this agreement is executed. 7, Upon the termination of this agreement for any reason whatso- ever, Grantee shall, at the option of the City and at no expense to -3- the City, re'store the public streets and adjacent supporting structures to a condition ,acceptable to the Director of Public Works or his duly authorized representative, and in accordance with then existing City specifications. 8. 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 endroached 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 Constitution 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 purpose, including but not being limited to under- ground, surface or overhead comMunitation, 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 cancelled and terminated as pro- -4- vided in the preceding paragraph. 9. Grantee agrees .to comply fully with all applicable federal, state and municipal laws, statutes, ordinances, codes or regula- tions in connection with the construction, operation and mainten- ance of said encroachments and use 's . 10. Grantee agrees .to pay promptly when due all fees, taxes or rentals provided for by this. agreemont or by any federal, state or local statute, law or regulation. 11. 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 the City; that Grantee shall have exclusive control o.f and the exclusive right to control. the details of its operations on said premises, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, dontractors, subcontractors, licensees and invitees; that the doctrine of respondent superior shall not apply as between City and Grantee, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Grantee . -5 12 . Grantee covenants and agrees to indemnify, and does hereby indemnify, hold harmless and defend, the City of Fort Worth, 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 but of or in connection with, directly or indirectly, the con- struction, 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 like- wise indemnify and hold harmless City for any and all injury or damage to City property, whether arising out of or in connection with any and all acts or omissions of Grantee, its officers, agents, employees, contractors, subcontractors, licensees or invitees, or caused, in whole or in part, by alleged officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of City. 13. Grantee agrees to furnish City a certificate of insurance as proof that it has secured and paid for a policy of public liability -6- the proposed use insurance covering all public risks related to 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 accident $ 50, 000 Personal injury' or' death, per person $100, 000 Personal injury or death, per accident $300, 000 with the' understanding of and agreement by Grantee that such insurance amounts shall be revised upward at City 's option and : that Grantee covenants and agrees to so revise such amounts within thirty (30) days, following notice to Grantee of such requirement. Grantee agrees, binds and obligates itself, its heirs and assigns ',to maintain and keep in force such public liability insurance at all times during, the term of this agreement. A certificate of insurance as proof of such maintenance shall be submitted annually to City- on the anniversary date of the execu- tion of this agreement. Each such insurance policy shall provide that it cannot be cancelled or amended without at least thirty (30) days ' prior written notice to City. 14. Grantee agrees to deposit with the City of Fort Worth when -7- 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 Sedretary of the City of Fort Worth, Texas . lid This agreement shall be binding upon the parties hereto, their successors and assigns . c, EXECUTED this �(� day of, _9_ - 19 1 . C►-� CITY OF FORT WORTH, GRANTOR ATTEST : By: City Manager . ' itv Secretary AP OVED BY CITY COUNCIL APPROVED AS TO FORM AND LEGALITY: . City S ereta Date C Ay Attor y 41iURR. PETERSEN Bass_BTothers Develop t Co,GRANTEE $y: "—Mr. Sid R. Bass ATTEST: —8— cc 73 CM, I +J- CD CM � � a ° u f ° I f , ! a lol- aDt cu a r 4-{�t.b�"C-�6a.� _car . �„�,f,'� _._ . ,�., ,_.• r UalE�t� ����&�� b q CZ.- CID Pi ra m FF Tta w m m a o v a a q 4 �.___..__._.._....:._ _.—:_,....�.. _. _. ......: v.r.5.a�„•"«t.."s�°@m`� ^�--+car ----.^^-..•..�9mr_si�cr"'[.v'^„sw-2:�'S�nti 1+�wrSda_��.. � ',. � .-_• p,p - - ------ G`. - + r[ J �O a aj m �U-1 Zi cSl t I y 1 tjP 1 1 1L1 cr ------ t C)QS` O3 a __--�- _�.._ __ �— -- -_'______.__ �...��r_...-.,ter•"°"'*'.'�d.� �r +� � � i m l r cc t i i y I i ul _ cri cu Fj C 4 J ■-A-�-- ° - Go 1 Q1 18 18 1 C. E 10 ■ • . � . 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H I I 1 0 � v� 3 � ©m mCA 7 .,.,,-u.+range: ,�ar�� s�as•�ar�ea:ur��s���ssmeu�kn•�m��e�a��a�.w..;r._.m _,...._. _...,_.�. .__.�.,. n .....;x�r s ,;��......rJkn..:xev�..._cat..w.U.rxa_ ;...e..+.�......�+.s,._.-.........,.m.._......�..,.......�..........a...w.Nw,.....+..:,.�.u,............�._...._._��.....»....,.v :x...... .,_ '. , i� s � � C � I ' v CD - C Q - 2 r I --yy-- r H � LL co co c� fr Y, ('L P7 N O m m h (A tf) 'c}' CfI N m m ' s r� r 0 i U �' T Certificate of insurance maws MC 918 One Tandy Center a Fort Worth,Texas 76102 a 817/336-7777 THIS IS TO CERTIFY that the following policies, subject to their terms, conditions and exclusions, have been issued by this company. This is not a policy of insurance, nor is it an endorsement making the person, firm or corporation at whose request it is issued an additional insured on the policy or policies referred to herein. However,in the event of cancellation or any reduction of limits of liability of any policy or policies listed below, the company will give the party to whom this certificate is issued, and at the address stated herein,@'days advance notice. The mailing of such notice as aforesaid shall be sufficient proof of notice. U -- 1. Name and address of party to whom this certificate is issued. 2. Name and address of insured. City of Fort Worth Bass Brothers Development Company Department of Development 3100 Ft. Worth Nat' l Bank Building City Hall Building Fort Worth, Texas 76102 Fort Worth, Texas THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY ANY POLICY DESCRIBED HEREIN, Policy Effective Expiration Insurance Company Type of Insurance LIMITS OF LIABILITY Number Date Date Workmen's Compensation Statutory and Employers Liability Employers Liability Limit— $ Insurance Comprehensive XCP 143477 1-1-79 1-1-80 Bodily Injury & Company of North General Liability Property Damage p Y $1,000,000. America Combined Single Limit Comprehensive Automobile Liability' 'Covers all owned,non-owned or hired vehicles. MARSH & M c L E N N A N,d INC. r � Dated , --/4-26-79 By � AUTHORIZED EPISENTATIVE City of Fort 'worth, Texas r 3 Mayor and Council Communication I Lo (4:- DATE REFERENCE SUBJECT: Proposed Right-of-Way PAGE NUMBER._. .;,!ETl'CTOSChI[)eTlt.- 200 'Block Throckmorton 5/29/79 C-4661 and 200 Block Houston i of- 1 Bass Brothers Development Co. has requested permission to install one under- ton Street, a bridge over the 200 block of Houston Street, a bridge over the 200 block of Throckmorton Street and balconies extending over the 200 block of Throckmorton Street per Exhibit A, attached. This work is to be performed as part of construction of the new Tandy Hotel. i r The Right-of-Way Encroachment Committee, consisting of the Public Works Direc- tor, the Development Director, the Transportation Director and the Building Official has reviewed this request and recommends its approval.' In order to defray the cost of inspection and supervision, the applicant has agreed to pay a $100 application fee. The applicant has also, obtained the necessary liability insurance. Recommendation It is recommended th-att the, enctoachuhtnt ;be- appraved subject to $. community fa.ct- litie6 contract being executed and the underground tunnel plane being reviewed and approved by Public-Works and Transportation D�pa�tens�arts "�rie�;'z<to i.eSuance of the `.building permit. WRHebl Attachment SUBMITTED FOR THE DISPOSITION BY COUNCIL: PROCESSED BY CITY MANAGER'S OFFICE BY: ❑ APPROVED ORIGINATING ❑ OTHER (DESCRIBE) DEPARTMENT HEAD: Joe Bilardi CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: Lester Paige, Ext. 7820 DATE