HomeMy WebLinkAboutContract 24264 V _
FIRST AMERICAN TITS w ,:
COMPANY OF TEXAS
16 IT .SUITE 100
ONSENT AGREEMENT
Eve
STATE OF TEXAS �
COUNTY-OF TARRANT s A �
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 Bank One, Texas, National Association.
acting herein by and through its duly authorized signatory,
Ubert H. Lohman
hereinafter 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, City hereby
grants to Grantee permission to encroach upon, use and occupy
portions of the space under, on and/or above the streets, alfeys,
sidewalks and other public rights-of-way as follows: This Consent Aqreement
is in renewal and extension of Consent Agreements ��{.5��>. as set forth t-es.ow:
No. 6707 dated April 19, 1971 �
No. 75-81 dated January 1, 1973 and
No. 7020 undated, labelled, "CONSENT ACRcEMENT AN M4EENDMENT TO CON]RACT NO. 6797."
A cop- -o-'-f the flrst page of each Co'u 'nt Agreement is attache 1 t.� ''—L 2 and
3, Pefereace is �E t ",i '�°3c � Consent t �_F r S [J y. " �. w '� , t ` 7� � v ,
E
covered by 1-his Consent A r emi ent
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Y
This Consent Agreement also covers encroachments shown on survey dated 3/24/98, last
revised 6/5/98, by Huitt-Zollars, Inc., receipt of which the City acknowledges. This
Consent Agreement does not cover improvements in the airspace above 4th, 5th, amar and
r'al�r 4trcAr� (exceat si�nae and the overhand on Taylor Street) which are governed by
a separate Consent Agreement between the City and Crantee.
The location and description of said encroachment is more particu-
larly 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 therefor shall be
subject to the prior written approval of the Director of
Transportation and Public Works, or his duly authorized represen-
tative, but such approval shall not relieve Grantee of responsi-
bility 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, alleys, sidewalks and other public rights-of-way
involved, except as described herein and shown on the hereinabove
referred to Exhibit "A" .
4.
Grantee, at no expense: to City, shall make proper provision
for the relocation and/or installation of any existing or future
s
2
utilities .affected by such encroachment use and occupancyr
including the securing of approval and consent from the utility
companies and the appropriate agencies of the State and its polit-
ical subdivisions. In the event that any installation, reinstal-
lation, 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 core
struction, 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 representa-
tive.
5.
City may enter and utilize the referenced areas at any time
for the purpose of installing .or maintaining improvements neces-
sary for the health, safety and welfare of the public or for any
other public purpose. In this regard, City shall bear no respon-
sibility or liability for damage or disruption of improvements
installed by Grantee or its successors, but City will make reason-
able 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 con-
struction or maintenance of the encroachments and uses provided
for by this agreement, Grantee agrees to pay to City at the time
this agreement is executed an application charge in the S* of
Dollars ($ 4
3
i
7.
The initial term of this
years commencing mmen shall be thirty X34}
� cing on the date this agreement is executed.
8.
Upon the termination of
this agreement for an
soever, Grantee shall Y reason what_
at the option oE. City and at no expense to
City. restore
the public right_of_wa Y and
structures adjacent
to supporting
a condition
acceptable. to the Director of
Transportation
and Public Works
sentative °r his duly authorized repre_
Lions.
. and in accordance with then existing City specifica-
9.
It is Further understood
and agreed between the parties
hereto that the
City streets, alleys, sidewalks and other
ra.ghts_of_wa public
Y, including the portions, of such uch streets, alleys,
and other public rights-of-way
encroached upon as Y to be used and
for the public; herein, are held by City as
delegated trustee
-
, City exercises such
as have been powers over the streets
gated to
Texas it by the Constitution of the State of
ar by the Legislature;
and that City cannot contract away
its duty and its legislative
Power to control the streets
use and benefit of the for the
Public. It is accordin
g body governin agreed that if
any time duri
y of City, to wit
its City g
Council �
ng the , should J
term hereof determine ee �C '"r
in its sal
to use or .tscretion� >�
cause or permit
_ the said portions Of the
alleys, sidewalks streets,
and ether public rig_jats��;f-way; to be used for
snip other Public pxzrpose, iz°cldzrfg but not being lam.
�ted to
4
underground, surface or overhead communication, drainage, sani-
tary 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.
14.
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 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 omissions of its officers, agents, sex7iaz ts,
5
employees, contractors, subcontractors, licensees and invitees;
that the doctrine of respondent 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 connec-
tion 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
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 connec-
tion with any and all acts or omissions of Grantee, its officers,
agents, servants, employees, contractors, subcontractors, licen-
sees, invitees, or trespassers.
6
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 cancelled 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 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 acid 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 of Grantee's contractot-s.
7
16.
Grantee agrees to deposit with 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 City for the enforcement of the
obligations of Grantee, City shall be entitled to recover
interest and reasonable attorneys, fees.
18.
Except in connection with the sale or mortgaging of the proi6ct,
Grantee covenants and agrees that it will not assign all or
any of its rights, privileges or duties under this contract with-
out the prior written approval of City, and any attempted assign-
ment without such prior written approval shall be void.
19 .
This agreement shall be binding upon the parties hereto,
their successors and assigns.
q
EXECUTED this,,-, day of •".emu
19 98
CITY OF FOR
worx ` GRANTOR BANK aE, TEXAS
j NATIONAL ASSOCIATION GRANTEE
f
By f ?
By i
ike Groomer, 'ity Mr
AT r. Hobert H. Loh , r
Z' r ; i
,authorized Signatory
City
Secretary
APP OVER AS TO FORM,
AND LEGALITY:
r
City f-0- ey
fl
i
STATE OFt°TEXAS
T COUNTY OF TARRANT
BEFORE ME, the undersigned authority,
for a Notary Public in
the State of Texas, on this day personally and
Mike Groomer -appeared
known to me to be the per----
whose
name is subscribed to the foregoing instrument and acksnoon wledged
to me that he/she executed the same for the purposes and consider-
ation therein expressed, as the act and deed of the city of Fort
Worth, and in the capacity therein stated.
GIVE UNDER MY HAND EAL OF OFFICE-this
1.AITSI SEAL of
Notary tary Public in and for
the State of Texas
9
STATE OF TEXAS
§
COUNTY OF §
BEFORE ME.the undersigned authority,a Notary Public in and for the State of Texas,on
this day personally appeared Robert H. Lohman, known to me to be the person whose name is
subscribed to the foregoing instr ument,and acknowledged to me that he executed the same for the
purposes and consideration therein expressed, as the act and deed of Bank One, Texas,National
Association,and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ! 4'day of>-'!
1998.
L L'Rda Kelo
kida Keto
"d
1,1 Wavy Public,State of Texas
Expires 08/01/99
M4 Wavy F
MY COMM,Expires 0 Not Public in and for the State of Texas
8/01/99
7:\REI,06706\65480\DOCS\CI'YCONS4.067
COHSE NTAGREENIENT-Page 7 of 7
Exhibit "A"
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Exhibit "A-1° CITY SECRETARY
CONTRACT Na_—A ,/
q 0 N T
.S 1E I /G R �I
THE STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT made and entered into the -2y
d,
of 1971, -1 the o
by and hC't:wCC't CITY OF 1`01'�T W ll TH,
a municipal- corporation of 'Tarrant County, Texas,
acting here-
in by and through Rodger Line, its duly authorized Acting City
Manager, and THE PORT WORTH NATIONAL BANK, of Fort Worth, Texas,
hereafter referred to as "Grantee,"
W I T N E S S E T 14
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, t:he City of
Fort Worth hereby agrees that it will nOt Ob_iOct 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 referencc and is to be considered
as 8 part Of this instrument.
2.
All construction, maintenance and ore ration in contlec-
Lion with Such encroachment and use j.r, strict:
CO-"'PlianCe �WiLh the ()f L11- C I•ter, Ordinances
and Codes, of thn city ol.,- --ort Wort'll nn-u; ",x. occor�2ncc-.- c.:Ii_th the
Lho jl)i.rector 0E P%.blic Works of said I-
-1-Ly,
All Plat's and ,spec ifica Lions cov?r_,jjg the use j'n
Exhibit "A-2"
t
C I7`f
CONSENT AGREEMENT 0T
Jt1L 2 41973
tii, E?A�ii?EVr f'
THE STATE OF TEXAS
COUNTY OF TARRANTty�
THIS AGREEMENT made and entered into the 1st day of 3axutaty 19 73, 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 Borth Xation&I coopaay, Inc.
%Accounting €}eWbwnt
P. 0. Bax 2050, Fort Vorth, Tsxas 75101
(Sacroachmmnt at 901 Taylor - juilding 0V*rh"g)
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 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 and/or above the public 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 as a part
of this instrument.
2.
All construction, maintenance and operation in connection with such encroach-
ment and use shall be performed in strict ccmpliance with the Charter, Ordinances
73°22 New 1-20400
Exhibit "A-3"
CON5ENT'AGREEiMENT '" I2
AN AMENDME14T TO CONTRACT NO. 6707
DENAKi,,,411,OF .
THE STATE OF TEXAS SECRETARY
COUNTY OF TARRANT
u-- THIS AGREEMENT made and entered into the day of , 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 76102
Encroachments at 4th & 5th Streets (Signs)
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 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 and/or above the public 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 as a part
of this instrument,
2.
All construction, maintenance and operation in connection with such encroach-
ment and use shall be performed in sttict compliance with the Charter, Ordinances
73-22 New 1-204007
D198227218
FIRST AMERICAN TITLE
1612 SUMMIT AVE
FT WORTH TX 76102
-' W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 N 0 T D E S T R 0 Y
I N D E X E D -- T A R R A N T C 0 U N T Y T E X A S
S U Z A N N E H E N D E R S 0 N -- COUNTY CLERK
0 F F I C I A L R E C E I P T
T 0: FIRST AMERICAN TITLE
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
199000473 DR96 T008322 10/01/98 09:16
INSTRUMENT FEECD INDEXED TIME
1 D198227218 WD 981001 09:16 CG
T 0 T A L : DOCUMENTS: 01 F E E S: 35.00
B Y:
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
City of Fort Worth, Texas
r a"d cou"Cit commu"icatio"
DATE REFERENCE NUMBER LOG NAME PACE
6123/98 C-16846_L 06BANKONE lofl
ULJ'e_Y�_cT CONSENT AGREEMENT FOR ENCROACHMENTS IN RIGHT-OF-WAY: EXISTING
ENCROACHMENTS FOR THE DOWNTOWN BANK ONE PROPERTIES ON AND INTO
THE RIGHT-OF-WAY OF TAYLOR, FOURTH, FIFTH, LAMAR AND THROCKMORTON
STREETS
RECOMMENDATION:
It is recommended that Council authorize the City Manager, or his designee, to enter into a consent
IIII agreement with Bank One to permit the continuation of encroachments into the right-of-way.
DISCUSSION:
On April 19, 1971 (M&C C-1964), the City Council approved a Consent Agreement to permit
construction of above ground and below ground encroachments upon public property by the Fort Worth
National Bank. The above-ground encroachments granted include: canopies above the sidewalks on
Taylor, Fourth, Fifth, Lamar and Throckmorton Streets; a pedestrian walkway across Taylor Street; and
a building across Fourth Street. The below ground encroachments include footings for the structures,
switching vaults and a tunnel below Taylor Street. The contract was later amended twice in order to
authorize signage for the bank property. The contract contained a term limit of twenty-five years,which
expired on April 18, 1996.The property is now owned by Bank One and is in the process of being sold
Bank One owners are requesting a new consent agreement in order that the transfer may proceed.
Staff has examined the request and agree that a new consent agreement should be completed by the
City of Fort Worth.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
MG:m
Submitted for City Manager's FUND ACCC2I,NT C FNTEII AMOUNT CITY SECRETARY
Office by: (to)
—------------- APPROVED
%fike Groomet 6140
A
1 1 'NC
'J"'m Put
Ann Kovich 8901
E 4dditir..I
C"o wa-
i Arn Kovkh 890 4