HomeMy WebLinkAboutContract 18940 s
CONSENT AGREEMENT
STATE OF TEXAS S
COUNTY OF' TARRANT
THIS AGREEMENT is rude and entered into by and between the City
of Fort Worth► a municipal corporation of Tarrant County, TQxas, act-
ing herein by and through its duly authorized Assistant City Manager ,
Mike C;roorner, hereinafter referred to as the "City" , and
Jo kwf,7 1
acting herein by and through its duly authorized
hereinafter referred to as "Grantee" .
i
W I T N E S 5 E T N :
9 .
For and in consideration of the payment by Grantee of the appli-
cation 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 publ :� c streets for the purposes as
described and located in Exhibit "A" attached hereto. Said Exhibit
"A" is incorporated herein by reference and is to be considered s a
part of this instrument.
2 .
Al l r ion , maintenance and operation in connection with
:.uch encr.c,--ic 1,. r use, and r,c�t, rear �;r shall ` e per I ormed 1n a t t i c s:
compliance with the ChartE. , Ordinances and Codes of City _M10 i;i
accordance with the directions of the Director of Transportation and
Public Works of City, or his duly authorized representative. All
plans, and sF.--,-(-ill icat ions therefor shall be subject to the prior
written aplroval of the Director of '![ransportation and Public Works ,
or his duly authorized representative, but sich approval shall not
relieve Guantee of responsibility as-d liability for concept, design
and computation in the prepavation of such plans and specifications.
3.
Upon completion of constructior and thereafter , there shall be
no encroachments in , under , on or above the surface area of the
streets and sidewalks involved, excel,.)t as shown on Exnibii- "'A" .
4.
Grantee,, at no expense to City, shall make proper provision for
the relocation and/or ins:tallaticn of any existing or future
utilitie,3 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 subdivi-
sions . In the event any installation , reinstallation, relocation or
repair of any existing or fiture utility or improvemi-:?nts owned or
constructed b,,,, or on bahalf of the public or at public., expense is
mad, more costly by virtue of the construction maintenance or exis-
tence of such encroach. tent and use, Grantee shall pay to City an
additional. amount equal to such additional. cost as determined by th-:�
Director of Transportation and Public Wo--,ks of City, or his dula°
authorize,J r�presentative -
-2-
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 th(,,t public or for any other public
purpose. In this regard, City shall bear no responsibility or liabil-
ity for damage or disruption of improvements installed by Grantee or
its successors , but City will mal.e reasonable efforts to minimize
such damage.
6.
In order to defray all costs of inspection and super-vision which
City has incurred or might incur as a result of the construction or
maintenance of the encroachments and uses -,.)rovided for by this agree--
vent , Grantee agrees to pay to Citly at the time this agreement is
executed an application charge in the sum of " M
Dollars 200.00
7.
The initial term of this agreement shall be twenty-five ( 25)
years , commencing on the date this aqreement is executed .
8.
Up�)n the termination of this agreement for any reason whatso-
ever- , Grantee shall. , at the option of City and at no expense to City ,
restore the public streets --and adjacent support 'Lng stuuctures 1-o a
condition acceptably to the Director. of Transportation and Publ c
Works or his duly authorized representativc , and in accnrdance with
then existing City specifications .
Ij
9.
it Is further understood and agreed between the parties here,.o
that the City streets and sidewalks , including the portions of such,
streets and sidewalks to be used and encroached upon as described
here.4r, are held by City as true Lee for the public; that City exer-
cises such powers over the streets as have been delegated to it by
the Constitution of the State of Texas or oy 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 Cit�y, 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 underground, surface o.-: c-,,verhead coinmun i cat i,)n ,
drainage, sanitary sewerage , transmission of na'k' ural gas or, electric-
ity, or any other public purpose wbether presently contemplated or
not , then this agreement shall be automatically cancelled and
terminated.
10.
Grantee understa-ids and agrees that the grantinq of any en-
croachment hereunder is not meant to convey t,.:: Grantee ar right t,)
use or occupy property in which a third party may have an interest ,
and Grantee aorees that it will obtain all necessary perm.: :-;, 1* ()n
before occupying such property.
Grantee agrees to comply f u 11 y th all applicable federal ,
state and local laws, statutes, ordinances , codes or regulations in
connection with. the construction, operation and maintenance of said
encroach'i,ients all 3, uses.
12.
Grant-,,- agrees to pay promptly when due all fees , taxes or
rentals provAed for by this agreement or by any federal, state or
locale statute , law or regulation .
13.
Grantee covenants and agrees that it sha -1. operate hereunder as
an independent contractor as to all rights and privileges granted
hereunder and not as an officer , agent , servant" gar 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 omissions of
i'--s officers , agents, servants, employees, contractors , subcontrac-
tors , 1, icensee-, and invitees; that the doctrine of cespondeat
superior shall. not apply as between City and Grantee, its officers ,
agents , servants, employees, contractors and subcontractors, art�f
nothing herein shall be cc-i.itrued as creating a partnership or ioinl-
enterprise between City and Grantee.
14.
Grantee covenants and --agrees tc indemnify, and d-.)es herebv
indemnify , Mold harmless and defend City, its officers , agents ,
servants and employees, from and against any an-3 all claims or suit
for property dimage or los":, arid/or personal injury, including death ,
to any and all persons, of whatsoever kind of character , whether real
or asserted, arising out of or in connection with, d-, rr-,ctl,'( or indi-
rectly, the construct-ion, maintenance, occupancy, use, existence or
location of said encroachment and uses grarited hereunder , whether or
not caused , in whole or in part, by alleged negligence of officers ,
agents, servants , employees, contractors , subcontractors , licensees
or invitees of 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, arisina out of or in
connection with, any and all acts or ohviss4Lans of Grantee , its offi -
cers , agents, serv3ntst employees , contractors , subcont.'actorsr
licensees , invitees, or trespassers.
I 5�
Grantee agrees, binds and obligates itself and its successors 'cf.)
maintain 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
Personal injury or death, p•ar occurr,ence
-6-
with the understanding of and agrep-ment- by, Grantee that such Jnsur-
arce amounts shall be revised upward at City 's option and that
Grantee covenants and agrees to st,-) revise such amounts within t,Iirty
( 30) days following notice to Grantee of such requirement. Such
insurance Folicy shall provide that it cannot be cancelled or amended
without at least thirty ( 30) days prior written notice to City.
A opy of such certif' cate of insurance is attached hereto as
Exhibit "B" . Grantee agrees to submit a similar certificate of insur-
ance annuaily to City or, the anniversary date cl': the execution o-'
this agreement .
16 .
Grantee agrees to depoE5it with City when this agreement is
executed a sufficient sum of money to be used to pay necessary fries
to record this Consent Agreement in its encirety in the deed records
of Tarrant County, Texas . After being sc, recorded, the original
hereof shall to returned to the City Secretary of the City of Fort
Worth , Texas .
17,
In any act ior, bought by City for the enforcement of t h e-
otJigations of Grantee, City -hall be entitled to recover interest
and reasonable att-arneys ' fees .
This agreement shall be binding upon parties hereto, th- i L
s�jccessors and assigns .
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EXECUTED this day of
GRAN TOR-
CITT OF WO r,
issistant'City a -r
ATTAST: By
7tly
APPROVED AS TO FORM AMD LEGALITY:
City Attorney
Date:
STATE OF EXAS
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 forgoing instrument, and acknowledged to
me that the same was 'khe act of the City of Fort Worth and that he executed the
same as the act of said City of Fort Worth for the purposes and consideration
therein e:!<pressed and in the capacity therein stated.
GIV 7N UNDER MY HAND AND S OF OFFICE this day of
A.D. 19%�.-
V.R"Sw
N I ic
otary fk6i
STATE OF TFUAS
jty 21 J*d
MY 4me- EXP JJLY 21 19W Notary Public, State of Texas
My Commis ion Expires: Notary's Name Printed:
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned, a Notary "is ;n and for the State of Texas,
on this day personally appeared
known to me to be the person whose name is subscribed to the foregoing
instrument-, and acknowledged to me that the, same was the act of
and that he executed the same as the act of
said— for the purposes and consideration
—
therein expressed and in the capacity therein stated.
GIVEN UN� DER My HAND AND SEAL OF OFFICE this day of
A.D. 19
2<)
of 'renas
My commission expires; sarse pri:illr-d:
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5
CERTIFICATE OF INSUTA NCE
ALL3TATE INSUAANOE COMPANY ❑ ALLSTATg INDEMNITY COMPANY ❑ ALLSTATE TEXAS LLO; 'D'S
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO Rt{3HTS UPON TIME CERTIFICATE HOLDER.THIS MFR'IFI
CATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW.
CERTIFICATE HOLDER NAMED
Name and Address of PArly to Whom this Certtflcato is teeued �M Name and.Atfdrempf ir9trred _
City of Fort Worth Jahn M. & Katherine K. Blackwell
1000 Throckmorton 6521 Meadows West Dr.
Fort Worth, Texas 76102 Fort: Worth, Texas 76132
Thle is to certify that policieB of Insurance listed batow have been Issued to the Insured named above aub)ect to then expiration date Indicated below,
notwithstanding any requirement, tome or condition of any contract or other document with. rospor;t to which this certificate may be Ilteusd or may
pertafn.The Insurance affarded by the POIlclee described herein is subject!o all the termn.exclusions,and conditions.of ouch policies.
TYPE OF INSURANCE AND LlftJTS
Polio Effective
CAA1N9E rRCIALtiEf�€R61t.l.IAS31i.iTY y Expiration
Number _ - Date Date
_ Limit _ Amount
GENERAL A0QREQA1E LIMIT(Other than Products--Complett�d Apersticrn�� -
PRODUCTS--COMPLETED OPERATIONS AGGREGATE LIMIT
PERSONA O ADY RTISINGI INJURY LIMIT -��-
EACH OCCURRENCE LIMIT ' —°
PHYSICAL.DAMAGE LIMIT -- ��� I _ ANY ONE LOSS ME't'�ICAL EXPENSE LIMIT R 3 � ANYONE PER60N
_W6111KEASI COMPENSATION i Palicy Effective Cxpiratlon
EMPLOYERS'LIABILITY Number- -- ��- _ Date Date
VORKERS'COMPENSATION STAruT®RY; files only In tho following states;
EMPLOYERS' BODILY INJURY BY,ACCIDENT $ EACH ACCIDENT
BODILY INJURY BY DISEASE � 9:ACH EMPi.d7YEE
EtODtLY INJURY I1Y DISEASE g POLICY LIMIT
AUTOMOBILE AUTOMOBILE LIABILITY Policy_ Numer Data tt�0s (:'xplrstian
Crate
Covers"944Is _ Limits_ _ -
r__)ANY AUTO 0 OWNED AUTO C1 HIRED AUTOS :ombinod alnuis Llrrtl#of L#aebIN y _
BODILY INJURY b PROPERTY DAMAGE S EACH ACCT ENY
0SPECIREDAUTOS 0 NON-OWNEDAUTOS It Liability Limits
Bed la ft camels F�ch
CLOWNED PRIVATE PASSENOFA AUTOS m P>*RSUN
OWNE D AUTOS OTHER THIN PRIVATE PASSENGER ti ACCIDENT ti
UMBAELLA LIABILITY Policy [716342411 EftWive Expfrstion
Number Date 12/16/91 Date 12/16/92
EACH OCCURRENCE GENERAL AGGREGATE —COMPLETED OPERATIONS A00REGATt
, S Z 000 000.00 J;�PPRODUCTS
� _
OTHER,(Show Pollc ExE ration �°�- 4j
Y � Effective �
type of Pol Icy) Number e Date
DdRe
DESCRIPTION OF OPERATIONS/LOCATIONSIVEI-IICLES/RESTRICTION&SPECIAL ITEMS
I
l
f
CANCELLATION -
E - - - _�_ 4_94 Numt�f Uf.]aye notice_.__�5 AYtrfO.uc°0 Rrd H l
Should any of theoboyedescilbed poflcigsbecancelledWoretheexpiratior,date,thetosuingeompwryv;lltsncs&sv rt:,mail;,jtni, o,or�umDo,rct
days entered above,writton notice to the certfflcere holder named above.But faliure.lo malt bu b r 0tloe Shall irnpoos no t P�+19at!vn s;r i blllSY
k<nd upon the company,It#agents or ropresentetlyea.
CHUCK SCHNEIDER (6464N) 977
r�ar� 12 '92 11:nc E