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HomeMy WebLinkAboutContract 28306 CONSENT AGREEMENT S C ETA R' STATE OF TEXAS COUNTY OF TARRANT THIS AGREEMENT is made and entered into by and between the City of Fart 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 Kimbell Art Museum acting herein by and through its duly authorized Director hereinafter referred to as "Grantee"- WITNESSETH: For and in consideration of the payment by grantee of the application 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 streets, alleys, sideways and other public rights-of-way as foi ows: r, See xhibit "A" The location and description of said encroachment is more particularly 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 thereof shall be subject to the prior written approval of the Director of Transportation and Public Works, or his duly authorized representative, but such approval shall not relieve Grantee of responsibility and liability for concept, design and computation in preparation of such plans and specifications, 3. Upon completion of construction and thereafter, there shall be no encroachments in, under, on or above the sunw-le area of the streets, alleys, sidewalks and other public rights-off-way involved, except as described herein and shown on the hereinabove referred to Exhibit "A", 4. Grantee, at no expense to the City, shall make proper provisions for the relocation and/or installation of any existing or future 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 political subdivisions. In the event that any installation, reinstallation, 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 construction, 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 representative, 5. 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 the public or for any other public purpose. In this regard, City shall bear no responsibility or liability for damage or disruption of improvements installed by Grantee or its successors, but City will make reasonable efforts to minimize such damage, 6, in order to defray all costs chid;inspection and supervision wh- City has L incurred or might incur as a result of the construction 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 Four hundred eighty-five Dollars 485.00 7. The initial term of this agreement shall be thirty (30) years; commencing on the date this agreement is executed by the City of Fort Worth, 8, Upon termination of this agreement for any reason whatsoever, 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 representative, and in accordance with then existing City specifications, 9, It is further understood and agreed upon 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 of Texas or by the Legislature" and that City cannot contract away its duty and is 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 oil- permit the said portions 4 of the streets, alleys, sidewalks and other rights-of-way to be used for any other public purpose, including but not being limited to underground, surface or overhead communication, 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 canceled or 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 rovi ,regulation, 3, GraMee covenants and agrees it that shall operate hereunder as an L R 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, 5 and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, 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 shall, to the extent authorized under the constitution and laws of The State of Texas, 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 connection with, directly or indirectly, the construction maintenance, occupancy, use, existence or location of said encroachment and uses granted hereunder, and Grantee hereby assumes all liability and responsibility for such claims or suits, 15, Grantee is a governmental entity and is self-insured to the extent of its liability under the Texas Tort C'lairris Act- 1& Grantee agrees to deposit with the 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 en'threty in the deed records of Tarrant County, Texas- 6 # $ !r M • J 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 —Reid Rector—, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2Q-(L R BARK OSELL P ES NO TARY BLIC *k PU state -exas Notary Public in and for the Uclrn Exp 03-31-2005 State of Texas 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 Dr. Timoth Po� s known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same to,, the purposes and consideration therein expressed, as the act and deed of Kimbell Art Museum and in the capacity therein stated, 'GIVEN UNDER MY HIAND AND SEAL OF OFFICE this day of 20 Notary Public in and for the State of Mv orrP zju- 9 CU LA Q Li F,�:EE 41 ACORD.- CERTIFICATE OF LIABILITY INSURANCE I DATE(MWDDIYY) 1 08/20/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF IN�_ORMATION COMMERCIAL LINES 1 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Higginbotham&Assoc., Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P 0 Box 908 ow Fort Worth,TX 76101 INSURERS AFFORDING COVERAGE INSURED JNSUIAERA Fireman's Fund Insurance Company Kimbell Art Foundation 301 Commerce Street,Suite 2240 INSbRER Fort Worth,TX 76102 INSURER D INSURER E COVERAGES THE PCUCIES OF 1NISURANCE L;STED BELOW HAVE BEEN !SSUED TO THE !NSURED NAtAED ABOVE FOR THE POLICY PERIOD INDICATED N 0-PANTH STAND I NG ANY REQUiREMENT TERM OR CONDITICN OF ANY CONTRACT OP OTHER DOCUMENT A11TH RESPECT TiO '01HICH THIS CERT�RCATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS EXCLUS�ONS AND CONDITIONS OF SUCH PoLiCiES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR rYPE OF INSURANCE POLICY NUMBER DATE',MNV0QA`y1 nATI:ymir--- LIMITS C 2 $1 000000 NED EXP�Any one person) $10 000 GENERAL AGGREEGATE____�$2,000,000 FPO- POLICY j�� A AUTOMOBILE LIABILITY MZA80233088 08/11102 08/11103 ALL CWINEDAUTOS (Per perso') X HIRED ALTOS BODILY IN URY X NON-OWNED AUTI CA FRCPERTY DAMAGE ,Per acc;cenn GARAGE LIABILITY AUTO ONLY-EA ACCOENT ANY AUTO OTHER T�AN AUTC ONLY AVG A EXCESS LIABILITY �XYZ00084647817 08111/02 08/11/03 EACH OCCURPENCE EA OTHER Supplemental Name RSEPAENT,1SPECIAL PROVISIONS Kimbeil Art Museum; Museum Hospitality, Inc,, Museum Hospitality, inc.-I Museum Hospitality, Inc- City of Fort Worth is included as Additional Insured on the General Liability Policy under a Blanket fSee Attached Descriptions) City of Fort Worth DATETHEREOP, THEISSUING INSURER VVII-LENDEAVOR TOIAMLIQ -- DAYSWRITTEN Aftn: Dept,of Development NO'PCE TOTH E CER.r--FICATE ,,OLDER NAM,ED TO TH E LE�-,BU�FAiLURE To DO SO SHALL 1000 Throckmofton 10,POSE NO OBLIGATION OR LIASfu-rv'-OF ANY KI'NI3 UPON�HE!NSUR_9'IYI1S AGENTS OP Ft.Worth,TX 76102 , IMPORTANT If the certificate holder is an At DITTO NSURED,the policy(ies) must be endorsed. A statement on this certificate does not confer right's to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, sub'rect to the terms and conditions of the policy,certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), DISCLAIMER The Certificate of insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized re'presentative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-SM97),- of 3 #S84084/'M84083 DESCRIPTIONS (Continued fPage 1) Endorsement as required by written contract, but only in accordance with Policy Terms, Conditions and AMS 253 107197)3 of 3 #S84084/M84083 City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER 1 LOG NAME PAGE 7/23/02 06ARCH 7� �� C-1 9163 lofl S_UBJECT _ ENCROACHMENTS IN RIGHT-OF-WAY: STANDARD CONSENT AGREEMENT WITH THE KIMBELL ART MUSEUM AUTHORIZING CONDUITS UNDER THE 1100 BLOCK OF ARCH ADAMS STREET RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a standard consent agreement with the Kimbell Art Museum authorizing use of the right-of-way for installation of communication conduits under the 1100 block of Arch Adams Street. j DISCUSSION- The Kimbell Art Museum, through its Director, Dr. Timothy Potts, is requesting permission to install communications conduits under Arch Adams Street. The purpose of the conduits is to provide computer, telephone, fire alarm and security communications among its facilities on either side of the street. The museum is also requesting authority to install 120 volt AC power cables in the conduits. The Encroachment Committee has reviewed this request and recommends approval onjy of the communications cables, and not the power cables, The proposed encroachment is located in COUNCIL DISTRICT 7, FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. RR:k Submitted for Cit% Manager's FUND ACCOUNT CENTER VNIOUNT i CITY SECRETARY Office 1w tw Reid Recor 61.10 ------------------- Originating Department Head: Bob Rile-v 89 1 APPROVED OT-) Additional information contact" ............ ------------------------------- --------------------------------- ---------- 111ob Rfle,, "R 9 h ................ —------ .............