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Home My WebLink AboutContract 27560� , GITY SEC:R�T�f�Y C�Ni��i N� . _ � ., , ;, ; , . CONSENT AGREEMENT STATE OF TEXAS § C�UNTY OF TARRANT § TH15 AGREEMENT is made and entered into by and between the Ciiy of Fort Worth, a municipal corpora�ion of Tarrant County, Texas, acting herein by and t�rough its duiy authorized City Manager or c�u1y desig�ated Assistant City Manager, hereinafter referred to as the "City", and �_ a v►�� i��er� JfiD�a� 1 'D � f� J Glc.�b,r� t�� , acting herein by and through its duly authorized �GLv s�c Gl,n�- "�„�►�� . y Sfi,,�� [ ( hereinafter �eferred to as "Grantee". WlTNESSETH: 1. For and in consideration o# the payme�t by grantee of the application charge set out below and the true a�d faithful performance of the mutual co�enants herein conta�ned, Ci#y here�y gran#s to Grantee permission to �ncroach upon, use and occupy portions of the space under, on andlor abo�e t#�e streefs, alleys, sidewalks and o#her public rights-of-way as follows: � n 3'�C�. Vl I b', ai �P b.j �� v�u� 5•t�rn �, Y3bn -i�IIL[w�lvra ?�Dc d � � f r1 e�Pr.� a �� r !/{/ ( G / ��N �� h� � , !g �l`�� -��(i� �Ge./!i//C . . - - ' -' � 6 � - - � ��1�.. . . � .. ;, .�� I ■ ��'4�� '� ' r �r,�,q�� '�€. , �� 1 The iocation and description of said encroachment is more particularly described in Exhibit "A", attached here�o, incorporated �erein and made a part hereof far all purposes. � A{� cor�struction, mainfienance and operafion in connecfion with such encroachment, use and occu�ancy shall be performed in strict compliance w�t� the Charter, Ordinances and Godes of the City and in accordance with t�e directions vf the Director of Transpo�tation and Put�lic Wnrks of C�ty, or his cluly author�zed representati�e. Afi pians and specifcations the�eof shall be subject io the prior written appro�al of the Director of Transportation and Public Works, or his duly autho�ized representati�e, but suc� appro�ai shail not relie�e Grantee af responsibility and liabi�i#y for concept, design and computation in p�epara#ion of such �lans and spec�fications. � Upon completion of construction and t}�ereafter, there sha11 be no encroachments in, under, on or �bove the surFace area of the streets, aiieys, sidewalks and other public rights-of-way inWol�ed, excep# as described herein and showr� vn th� hereinabove referred to Exhibit "A". 2 4. Grantee, at rto expense to the City, shall make proper provisions for the ��locat�on andlor installa�ion of any existing or future utilities affected by such encraachment use and occu�ancy, includir�g the securing of approval and consent from ihe uti�ity compan�es artd the appfopriate agencies of the 5#ate and its political subdi�isions. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or �mprovements awned by, construc#�d by or on behalf of t�e public or at public expense rts made more costly by virtue of the construction, maintenance or exister�ce of such encroachment and use, Gran#ee shall pay to City an additional amnunt equal to such additional cost as determined by the Direc#or of Transportation and P�blic Works of the Ciiy, of his duly authorized representa#ive. 5. City may ent�r and utilize t�e referenced ar�as at any �ime for the purpose of instalfing or maintaining impro�ements necessary for the health, sa#ety and wel�are af t�e public or �'or any ather public purpose. 3n this regard, City shall bear na responsibility or lia�il9ty for damage or disruption of improvements instalEe� by Grantee or its succ�ssors, but Cify will mak� reasonable efforts to m4nimize sucF� damage. C:� In order to defray al1 costs of inspection anci supervisinrt which City has incurred vr mi�ht incur as a result of the construc#ion or maintenance of the 3 encroachments and uses provided fo� by this agresment, Grantee agrees to pay to Cifiy a# #he time #his agreement is executed an applicatio� cl�arge in the sum of dv,� I�k�.o�Tt� �� k� Doiiars (� l� n. �"_ i. 7. The initial term of th�s agreement sha11 Eae thir�y �30) years, commencing on t�e date thEs agreement is executed by the City of Fort V11orth. : Upon termination of this agreement for any reason whatsoeWer, Grante� shall, at the option of City and at no expense to City, restore the public righf of way and adjacent supporting struc�ures io a condition acceptable io the Director of Transportation and Public Works, or his duly authorized representati�e, and ir� accordance with t�en existing City specifications. � It is further understooc� and agreed upon befirveen the parties �ereto that the City streets, aileys, si�ewa�ks and other public rights-of-way, includir�g t�e portio�s of such streets, aileys, sidewal�s and at�er p�blic rights�of-way to be �sed and encroac�ed upan as descri�ed herein, are held by City as trust�e for the public; that City exercises such powers over #he streets as ha�e been delegate�d to it by the Constitution of the State of Texas or by the Legislat�re; and that City cannot contract away �ts duty and its legis�ati�e power to control the streets for the use and benefit of the public. It is accordingly agreed that if the gavernEng body of City, to wit, i�s Ciiy Cnunc�l, should at any time during the term �ereof determine in i#s sole �iscretion #o use or cause or permit the said �ortians 4 0 of the streets, a�leys, sidewalks arid o#her rights-of way �a be used for any o#h�r pubiic purpose, including but not being limited to un�erground, surtace or overhead commur�ication, drainage, sanitary sewerage, transmission of natural gas Qr electricity, or any other public purpose, whether �resently contemplated or no#, then this agreement shall be automatica}ly car�cele� or terminated. 10. Grantee understands an� agfees that the granting of any encroachment hereur�der is not meant to co��ey to Gran�ee any right to use or occupy property in which a ihird par�y may have an interest, and Grantee agrees that it will ob#ain all necessary permission before occupying such property. 11. Grantee agrees to comply fully wi#h all appiicable federat, state and local laws, statutes, ordinances, cades or regulatinns in connection wifh �I�e construction, operation and mair�#enance of said encroachments and uses. 12. Grantee agrees to pay promptly when due .all fees, taxes or rentals pro�ide� for by tf�is agreement or by any federal, state or lacal stat�te, Eaw or regulation. 13. Grantee cor�enan#s and agre�s that it shall operate hereunde� as an independe�t contractor as to all rights and priviieges granted here�ander and not as an officer, agent, s�rvant or emplayee of City; that Grantee shall have exclusir►e control of ar�c� ti�e exclusi�e righ# io contro! the details of its operatia�s, :� an� a11 persons perForming same, and shall be solely respo�sible for th� acts ar�d omissions of its officers, agents, servants, emp�oyees, contractors, subcontrac#ars, licensees and in�itees; tha� the doctrine af respondeat superior shali not apply as between City and Grantee, its officers, agents, sen►anfs, employees, contractors and subcor�#rac�ors, and nothing herein shali be construed as creating a partnership or joint enterprise batween �ity and Grantee. 14. Grantee ca�enants and agrees to indemr�ify, and does hereby indemnify, hold harmless and defend City, its offcers, agents, servan#s ar�d emplayees, from and against any and aIl claims vr suits for property damage or loss andlor personal injury, including death, to any and ai! persons, of whatsaever kind or character, whether real or asserted, arising out of or in conr�ection with, directly or indirectly, #he construction, maEntenance, occupancy, use, existence or location of said encroachment a�d uses granted here�ander, wl�ether or not caused, ir� whole or in part, by aileged negligence of affcers, agents, ser�an�s, empioyees, contractors, s�bcontractors, fice�sees or invitees of the City; and Grantee hereby assumes alf liability and responsib9lity for such claims or suits. Grantee shall iikewise assume a11 liability and responsibility and shall indemnify C�ty for any and ail injury ar damage #a City properiy arising out of or in connection with any and afl acts or omissions• of Gran#ee, its officers, agents, servants, employees, con#rac�ors, subcontractors, licensees, invriees, or trespassers. 6 'i 5. Grantee agrees to furnish C�ty with a Gertificate of Insurance, naming City as certificate holder, as proaf that it has secured and paid for a policy of public IiabiEity insurance cor►ering all public risks related to tl�e �ropased use and occupancy of pubiic property as located and described in Exhibit "A°. The amour�ts af such insurance shall be noi less than the folfowing: Properky damage, per occurre�ce Bodily injury, per person ��ao,oao �250,00� Bodily injury or death, per occurrence $50a,0aD with the understanding of and agreement by Grantee that s�ach insurance amaunts shall �e �evised upward at City's option and that Grantee shali so revise such amounts immediately following notice to Grarrtee o�F such requirement. Such insurance policy sha11 provide that it cannot be cancefed or amended wi�hout at least ten (10) days prior written notice to the Building 4fficiai of the City of Fort Warth. A copy of such Certifcate of Insurance is attached as attached as Exf�ibit "B". Grar�tee agrees to submit a similar Certi�icate of Insurance annual�y ta City on the anni�ersary date of the execution of this agreement. Grantee agrees, birzds and-obligates itself, its successors and assigns, to maintain and �eep in fiorce such public liability insurance at all times during the term of ihis agreement and until the remava! of all encroachments and the c�ean�ng and restoration of the city streets. All ins�arance coverage required �erein shali include co�erage of all Grantee's contractors. ii 16. Grantee agrees to deposit with the Cify when this agreement is executed a sufficient sum of money to be used to pay necessary fees ta record fl�is Consent Agreement ir� its entirety in t�e deed records af Tarrant County, Texas. After being so recorded, fihe originai hereof si�all be returned to the City S�cretary of t�e City of Fort Worth, Texas 17. In any ac#ion brought by the City for the enforcement of the obligations of Granfee, City shal! b� eni�itled to recover interest ar�d reasonabEe attorney's fees. i: Grantee covenants and agrees that it will not assign all or any of its rights, pri�ileges or duties under this contract without the prior written approval of City, and any attempted assignment without such prior written appro�aE shali be void. 18. This a�reement shall be binding upon �he parties hereto, the�r successors and assigns. EXECUTED this �day of '��a�' _ , 20�"': ��;r� E fC:,,��r� �Fo•,�a 11 CfTY �F FORT W�RTH, GRANTOR baA s 41 K �fi iy. � ,GRANTEE , By: c�'( � �I �.e�'s� By:_ , � Reid Rector, Ass�. City Manager �7�EST: , ' �_ -� �.� _ � -v �ity 5ecr�tary � � �- Ig�7,��_ _ CanCr�ct Au�horiz��ion i�-l1- �� APPROV AS T RM AND LEGALlTY ��.._------_._. CityCAttor�y .� -,��oc�r�a �� -�� ;��i � � . �� J;�� k' �o �� ;� STATE OF TEXAS § COUNTY OF TARRAIVT § BEF'ORE ME, the undersigned authorify, a Notary Pubfic in and fior the State of Texas, on this day personally appeared i��id Rec�or, knawn to me to be the pe�son whose name is subscribed to ihe foregoir�g instrumenf, and acknowledged .to me that helshe executed t�e same for the purposes and consideration therei� expressed, as the act and deed of the City o# Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AiVD SEAL O� OFFICE this ��day of ,. , 20 oz 2a��'� �uo�� ROSELLA BAR�l�S NO'1'A{�Y PU�LIC 9'�� state �f �axa� i�otary Public in and far the �� comm. Exp. 0�-31-2�D� State of Texas -. �, . . . . , �.. . . �� , ��-�,-�� -��, � r STATE OF TEXAS § COUNTY OF TARRANT § BEFQRE ME, the undersigned authority, a No�ary Public in a�d fior �he S�ate of Texas, on fhis day persona�ly appeared �v,�. Stb�ra�i ��;�,�cr� S�o�a,l( known to me to be the person whose name is subscribed to the foregoin�� instrument, and ackr�aw�edged to me that helshe executed tl�e same for the purposes and cons�deratian therein expressed, as #he act and deed of Sq�e,n r�l;,� , and in �I�e eapacity therein staied. GIVEN UNDER MY HAND AND SEAL OF O�FICE this /j�1 � day of �i/��f-r�G ,r� , 20D�. �O�PRYPU�C STEf'HAN1E B/#F�RE7T '�� - _ . � �tr NOTqRY PUC��.IC = �� l -��/�/�-�-�- �` sTAT� OF T�xqS ` ry Public in and for fhe ''� o� j�*~q My Comm. Exp. 6-15-2�Q5 ` State of Texas - �� .�� .� �� a� m�+. �� -i 1p �'1 � r � �. � �� . ��I � — ��._��e �C�. ��. - 16.� ��-��s - N/P� �= I�� r�i��N �� i� -- �� f �! u � i� ��' .�� i" �` :'� � �� . :�: �_ � �.�- _ �� 7�� i;Jn C�i��uo�� v�� , �� " �Q�� Bottom oF sign is 11' ahove sidsWalk sro�� h �� , �� .� �: : `_ , � ., _� . � �� s� �■-�i� � —� . ��, �_ � :�. , - _ , . � � �y I � �� t � ��r �Fs �+ �r �.e. � �.� � � �g � �'�' .. A � �� '�`�rt ��o�#t�, �`ex�r,s �� I a�r�r�� • � � ��o� � I f��ITE ��I��N�� i��JMr�r� L�G �VAM� r�AG� ��117��1 �r-��%`,�'� �}6.S1�1l.�� # � s��.��c;r ��{��,q�Hh+�EfVT I�f F�f�F�T-O�-WAI� -�p��fVT A�f��E�Ef�T �lf7�i �,�#�DlV r�lPF. _ �l.� FOl� 1�1�fiALLATI�]fV �� A�f�� q�` 71'! INE��" NPA�N�L�,� �1l�f�UE RE��fl�N1��IDATJ{�N: Il Is recomrrr�r�d�d thaE the �ily ��unc�l auth�ri�� ihe ��Cy f�anag�r tn �nker ir�t� a standard con�ent agr�ement �vi�i� �ai�n Flip. L.fW� ��tl�orizing use �� t#�e rigl�t-c�f-w��r ��r ��he ins#�ifation of a s�� at 7'E � W�s� R��n�Ria Aven�e, I]R��US�I��: D�v�d a�d Kir�betl� �lc�v�l, dlb{a �alon �li�, �� re own�f� of � s�foi� �i' 711 �+Vest fv��gn��ia �lve�u�. In order t� er�h�nce vi�i�l�'r#� af �heir b�rsin�ss, tl��r ar� proposir7� to i��tall ae� ac#v�ri�sfr�c� �ign p�rp�e�dicU�� c� th� f�c� of �h� �ulld�n�_ It is a tl�g i�� sign a��l will ext�r�d o�twat�E frorr� th� �uiadrn� ap{�raxim�tel� �8-�n��es. Jk wlll ��ar�g over a ra�sed platforr�-r {�orc�� artd park�ak�� over !�� s��l�wa�l�. T'!�e busir��ss is �+i##�in !he Fairrr�o�a�# k�islori� D�str��t. ih�re�or�. #he si�n r�q�,ir�s appro�af from khe I-�istt�ric 2nd �ultur�l L�ndrrr�ff�s �on7mis�ion, Approv�l was receiv�d �n �ept�mber fr, �0�� , rhe F�r# W�rth ��u�h, i�c. Dev�lop�ner�t �or�-irr�i�i�e has re�i�w��l th� �r�pos�d sign encro�chrr3en#. 7he ��roa�F�rrfent ��r�ktt�� has revi�w�d kh�e r�qu��t ar�d rec�rrtrr�ends ap�ro�ral s�bl�ct t� t#�e tc�llowing �ondRkions: . . 7he bolt�rr� of �i�� s�gr� �r,�st b� � mir�irrkum of � 1�f�e# abo�r� lh� �iclewalk; ��d En�Jr�eer�d �l�ns r��st I�� rovid�� howFrr� lh� meEhod of �#kac�m�nt to tf�e b�rildin�. FI��AL Ef��Rit�ATl��f�ERTIFI�ATiQ�I; TI�� Fin��c� l]ir�ctar ce�a�ie� �I��t il��s a�#ioe� v��ll l��v� no rn�tar�a� ��ec� a� �i#y fur�ds. A+1�:� Sul�ni�Fted for Ci#y M�n�gcr'a� Cffflte bv: h+ilkc L;r«�smcr �i I �� Or]ginating Ele��r�rne�f I�eHd: � f�nf� Eth�Cj+ Ad�Hivu�l �a�uru�a��nn Can�u�'{� J�aM �r1ilJcr � l�'i11vQ �io} , ACC'[1[lNT C#��I�CR .114�0Ul1�'I' � C'I'��YSEf'[t�"FARI' ll S;�4i {�romj — � - $�1� � I - ! �.rr�.1��i�11r1:_IJ �`��T�' ��U��i� -- ��: i� ��t � �� .�Oer� �1��i�,�a1 City .`;�,t,r•]�IYIy OI L�1w =;��+ �� .i 1Yt�riCf,`fa��s