HomeMy WebLinkAboutContract 24903 i
CITY SEC
CONTRACT NO Y c CDC
CONSENT AGREEMENT
STATE OF TEXAS
COUNTY OF.,.TARRANT §
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 813 Company, Ltd.
acting herein by and through its duly authorized representative
nqdan K_ Shannon , TTT , President of 800's Co. , Inc. ,
General Partner , 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, alleys ,
sidewalks and other public rights-of-way as follows:
Sidewalk on the east side of new parking garage located at 814
Taylor Street,. Fort Worth , Texas (west side of Taylor Street, Corner of
West 7th Street and Taylor Street)
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The location and description of said encroachment is more particu-
larly described in Exhibit "A", attached, hereto, incoxpo.rated
herein and made a part hereof for all purposes.
2.
All construction , maintenance and operation in connection
with sudh. encroachment, use and occupancy, shall be perfo
rmed 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, underr, 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
2
utilities 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 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 con-
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 sum of
Two hundred and no/100------- Dollars (s200. 00
3
7 .
The initial term of this agreement shall be thirty (30)
years, commencing on the date this agreement is executed.
8.
Upon the termination of this agreement for any reason what-
soever, Grantee shall.,, at the option of. City and at no expense to
City, -restore the public right-of-way and adjacent supporting
structures to a condition acceptable- to the Director of
Transportation and Public Works',, or his duly authorized repre-
sentativer . and in accordance with then existing City specifica-
tions .
9 .
It is further understood and -agreed between the parties
hereto that the City streets, alleys, sidewalks and other public
rights-of-way, including the portions, of such streets, alleys ,
sidewalks and other public rights-of-way to be used and
encroached. upon as described herein,- are held by City as trustee
for the. public; that City exercises such powers over the streets
as have been delegated to it by the Constitution of the State I of
Texas or by 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 City, 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 ,
alleys, sidewalks and other public rights-of-ways to be used for
any other public purpose, including but not being limited 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.
10.
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 O' perate—'her^ eund6r
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, servants ,
5
employees, contractors, subcontractors , licensees and invitees;
that the doctrine of respondeat 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 officerif 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 locatiozi, of . said encroachment and
uses granted hereunder, whether or not caused, in whole 'or in
part, by alleged negligence of
officerso, 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 - "All , The amounts of such insurance shall be not less"
than the following:
Property damage, per- occurrence .$100,000
Bodily. injury, per person .$250f000
•Bodily injury or death, I 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 at'tached 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 and 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 contractors .
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 .
-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 approv4-1 shall be void.
19 .
This agreement shall be binding upon the parties hereto,
their successors and assigns .
EXECUTED this 1st, day of September
19 98
CITY OF T WORTH, GRANTOR 813 Company, Ltd. GRANTEE
By:
ike Grom Asst. City Mgr. Ogden K. Shannon, III
T
CITY I : 7/�
F
City Secretary
APPROVED AS TO FORM AND LEGALITY: • Contract Authorization
City Attorn y Date
Date:
8
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in
for Mite State4of * Texa on this day personall and
_L�rq_(,c personally -appeared—
�r'1 •, known to -me to be the person-*-----whose
name is, subscribed to the foregoing instrument, and acknowl edged
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.
EN UNDER MY HAND ANp SEAL OF- 6FFICE -thisky day of
1.9 , y
�Not� Publi i an for
the State of Te as
SARAH JANE sxp.�O
OT PUEtLIC
State of T's
so
9
r
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
for the State of Texas, *on this day personally appeared
known to me to be the person whose
name is subscribe to the foregoing instrument, and acknowledged
to me that he/she executed the same for the
poses
ation therein expressed, as the act and deed of and consider-
----$ C'Qm ""T � T tr and in the capacity therein stated,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1st
September lg cjR day of
VICKIE HIGGIIdBOTHAM
MY COMMISSION EXPIRES
;y January 8,2001 Notary Public and for
r al7t�
the State of Texas
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..N....Y..)HONDO .. .I.. ....... HI j ... .
)DUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Sleeper Sewall & Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
12222 Merit Dr. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suits 600 COMPANIES AFFORDING COVERAGE
Dallas TX 76251.2231
COMPANY
A COMMERCIAL UNION INS CO
'URED
COMPANY
813 COMPANY, LDT. B
do OGDEN K SHANNON III COMPANY
411 WEST 71h ST #1015 c
FORT WORTH TX 76102
COMPANY
tu
THIS 13 T . ...
O CERTIFY THAT TH **PL]CIES OF INSURANCE LISTED BELOW HAVE BEEN IS-SUED TO THE INSURED NAMED ABOVE FOR THE POLICY'PERIOD;it I:
INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
R DATE (MMODNY) DATE WD"
GENERAL LIABILITY BINDEROB-427 08/01/98 08101/99 GENERAL AGGREGATE $ 2,000,000
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG $ 2,000,000
ji =V
CLAIMS MADE OCCUR PERSONAL&ADV INJURY $ 1,000,000
OWNER'S&CONTRACTORS PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE(Any one fire) $ 100,000
MED EXP(Any one person) $ 5,000
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $
NCN- IED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
Wmn
ANY AUTO OTHER THAN AUTO ONLY.
EACH ACCIDENT S
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
5=1 ....................
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WC STUU-- H, 'iii I::ii!q!z:tmm:mot
+33++:+!
WORKERS COMPENSATION AND I TO LIMITS I 10ET I.........
EMFLOYERS!LIABILITY EL EACH ACCIDENT $
THE PROPHIETORI INCL EL DISEASE POLICY LIMIT
PARTNERSIEXECUTIVE
OFFICERS ARE: F]EXCL EL DISEASE EA EMPLOYEE
OTHER
CM4AER3IAL PRCIPERTY BINDER 98-427 08/01/98 08/01/99 BUILDING 4,000,000
CAUSES OF LOSS SPEC FOFM BUSINESS INGCME 475,000
zSCRIPTION OF OPERATIONS/LOCATIONSPVEHICLESISPECIAL ITEMS
E: PARKING GARAGE LOCATED AT TAYLOR & 7TH ST. FORT WORTH, TX 76102
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t it"
SHOULD MY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
DEPARTMENT OF DEVELOPMENT EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
CITY OF FORT WORTH 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
1000 THOCKMORTION BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
FT WORTH TX 76102 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
WILLIAM E. SLEEPER 1.12210 0211094
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