HomeMy WebLinkAboutContract 27199,�
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CONSENT AGREEMENT
STATE�O�' TEXAS
COl1NTY OF TARRANT
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THkS AGREEMENT is made and entered in�o by and beivveen ihe City of
Fort Worth, a munic��al corporation of Tarrant Caun�y, Texas, acting �erein by
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and fhraugh its duly authorized City Manager or duiy designated Assistanfi City
Manag�r, hereinafter referred to as the "Gity", and
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acting herein by anci th�'ough its duiy auttiorized "
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hereinafter referred to as "Grantee".
WITNESSETH:
1.
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For and in consid�rafion of the paymen� by grantee ofi the applicat�an
charge set out below and th� tr�e and faithful perfiormance of the mutual
co�enants herein contained, City hereby grants to Grantee p�rm�ssion to
enc�oach upon, use and accupy portions of the s�ace under, on andlor abo�e
�he stree�s, alleys, sidewal�ts and other public rights-of way as foliows:
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T�e location and �escription of said encroachment is mare parkicularly descri�ed
in Exhibit "A", �ttached hereto,� incorporated herein and made a part hereof for ai1
purposes.
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2.
Ali construction, maintenance and operation in connec�ior� with such '
encroaci�ment, use and occupancy shall be perFormed in stric# campiiance with
th� Charter, Ordinances and Codes of the City and in accordance wiih the
direct�ons of the Direc�or of Transportation and Public Wor�Cs of City, ar his duly
at�thorized represen�ati�e. Ali pla�s and specifications tF�ereof shall be subjec# to
the prior written approval o� the Direc#or of Transportafian and Public Works, or
his duly authorized representative, but such approuaS shail not reYieve Grantee of
responsibility and liability for cor�cep�, design and com�u#atton in preparation af
such plans an� s�ecifications.
3.
U�on completion of constructiort artd � thereafter, there. shail be no
encroachments in, under, on or above the surface area of the s�reefs, alleys,
� sidewalks and other public rights-ofi way involved, except as described herein
and shown on the hereinabove re�erred to Exhibit "A".
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Grantee, at no expense to the City, s�all make prop�r pro�is�ons for the
relocation . andlor ins#aflat�on of a�y existing o�' fufiure utitities affected �by such
encroachment use and occu�ancy, inc�uding �he securing ofi appro�al and
consent from the utili#y companies and fi�e appropfiate agencies of the State and
its polrtical subdivisions. ln fhe e�ent that any installation, reinstal{ation,
relocation or repair of any exis#ing or� future utifity or impravements owned by,
canstructed by or on behalf of the public or at public expense is made more
costly by �irtue of the consfruciion, maintenance or existence af suc� '
encroachment and use, Grantee sha�� pay to C�ty an additianaE amour�t equal �o
such add�tional cos# as de#ermined by the Director of Transporta#ian and P��lic
Works af the City, or iiis duly auth�rized represen�a#ive.
5.
City may enter anri utilize #he referer�ced areas at any time for the purpase
of installing or ma�ntaining improvements necessary far #he heaith, safety and
welfare of th� publ�c vr for any other pu�lic purpose. In this regard, City sha11
bear no responsibility or liability for damage or disruption of improvements
installed by Grantee vr its succe�sors, but City wii! make reasona�le efForts ta
minkmize such damage.
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ln ord�r to ciefray al1 cos�s of inspection and supervision which City has
incurred or might incur as a result of the construGfion or maintenance of the
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encroachmenis a�d uses pro�ide� for by this agreement, Grantee agrees to pay
to City a� the time this agreement is executed an ap�lication charge in th� sum of � ��
�G'��!°�. �U�2_ �I��-'C'� Dollars ( , �� �� ).
7.
The initia� term of this agreement shall be thirty (3D) years, commencing
on the date this agreemen# is executed by the City of Fort Worth.
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Upon termination of this agreement �or any reason whatsoever, Graniee
shall, at the option of City and at na expense to C�ty, restore the �ubiic righ�-of-
way and adjacent supportjng structures to a car�dition acceptable to the Director
of Tra�sporta�ion and Pubiic Works, or his duly authorized represer�tative, and in
accordance with t�en existing City specific�tions.
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It is fiurther understood and agreed upon betwe�n the �arties hereto that
the City streets, alleys, sidewaiks and o#her publ�c rigY�is-of way, includ�ng the
portior�s of such streets, alleys, sidewal�s and other public rights-of-way to be
used and enc�oached �pon as described herein, are held by Ci�y as trustee '�or
the public; that Gity exercises suct� powers a�er the sfi�eets as have been
delegated to it by the Constitution of the State of Texas or k�y t�e Legislature; and
that City cannot contract away its duty and its legisiati�� pawer.to control t�e
s#reets for th� use and benefit of the �ubiic. If is accordingiy agreed that if the
go�erning �ody of City, to wit, its City Council, shouid at any time during the term
hereof determine in its sole discreiion to use or cause or permit the said portians
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of th� streets, alleys, s�dewalks and other rights-of-way #o be used for any other
�ublic purpose, including b�t not be��g I�mited to unc�erground, surface or �
overi�ead cammunication, drainage, sanitary sewerage, transmission of natural
gas or electrici�y, or any other public purpose, whether presently contemplated or
not, then this agreement shaN be automatically canceled or ierminated.
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Grantee understands and agrees that the grantin� of any encroachment
hereu�der is not meant �o convey to Grantee any rignt to use or occupy property
in which a third party may have an inferest, and Grantee agrees that it wiil obtain �
all necessary permissio� �efare occupying such property.
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Grantee agrees to com�ly fully with a!I a}aplicable federal, state and local
laws, statut�s, ardinances, codes ar regulafions in cor►nectian with the
constructian, operation ar�d maintenance o� said encroachments and uses.
12.
Gfantee agrees to pay promptly wne� due aH fees, taxes or rentals
provided for by this agre�ment or by ar�y federal, state or local statute, law or
regulation.
'f 3.
Grantee covenants and agrees that it sha11 aperate rereunder as an
indepenc��nt contractor as to all rights and pri�ileges granted h�reunder and no�
as an afficer, ager�t, servant or empioyee of CEiy; that Grantee shall ha�e
exclusive control of and the exdusive r�ghfi to con#rol t�e details of its operations,
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and ail persons perto�fming same, and shall be sofeiy responsible fof the acts and
amissions o�F its officers, agents, se�vants, empfoyees, contractors, ��
subco�tractors, licens�es and in�itees; that t�e �ocirine of respondeat superior
shall not ap}�ly as be#ween City and Grantee, its officers,� agents, servan#s,
employees, cont�actors and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enfierprise between City and Grantee.
1�4.
Grantee co�enants and agrees to indemnify, and does hereby indemnifiy,
hold harmiess and defend Ciiy, its officers, agents, servan�s and employees, '
from and against any a�d al� c�aims or suits for property damage or loss andlor
��rsonal injury, including death, to any and ali persons, of w�atsoever kir�d or
character, whether real or asserted, arising out of or in connection with., direcfly
or indirectly, the cons#ructiori, maintenance, occupancy, use, existence or
iocation of said encroachment and uses granted hereunc�er, whefiher ar not
caused, in whole or in part, by al�eged negiigence of offcers, agents, servants,
empioyees, contractors, subcontractors, licensees or in�i#ees of the City; and
Grantee hereby assumes all Iia�Elity and responsibifity for such claims or sUits.
Grar���� sha11 likewise assume ai� �iabili#y an� responsibility and shail indemnify
Ci#y fior any and aif injury or damage to City praperty arising at�t of or in
connec�ion with any and all acts or omissions of Grantee, its officers, agen�s,
servants, empioyees, contractors, subconiractors, licensees, in�itees, or
#respassers.
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15.
Grantee agrees #o furnish Ciiy with a Certificate of fnsurance, naming City
as certificate haider, as proof that it l�as secure� and paEd for a policy of public
liability insurar�ce covering a11 public risks felated #o the proposed use and
• occupancy af public property as located and desc�ibed in Exhibit "A". The
amaunts of su�h insurance s�all be r�ot less than the #oilowing:
Property damage, per occurrence
$100,000
Bodily injury, per person $250,000
Bodily injury or dea#h, per occurrence $500,000
wiih the understanding of and agreemen� by Grantee that such insurance
amour�ts shall be revised �pward at City's opt9on and that Grantee shal! so re�ise
such amoun#s immediatEly fo1lawing nofiice �o Grantee of suci� requirement.
Such insurance pot�cy shall pro��de t�at it cannot be canceled or amend�d
without a� least ten (10) days prinr written notice to the Building Official of �he City
o# Fort Wo�th. A copy of such Certificate of l�surance is attached as a#tached as
Exhibit "B". Grantee agrees to submit a similar C��ti�icate of lnsurance annually
to Cify on the anni�ersary date of the executiari of this agreemer��.
Grantee agrees, binds an� obliga�es itself, its successors artd assigns, to
ma��tain and keep in force such pubiic liabifi#y insurance at a�l times during the
term of this agreement and until the remo�al o� a11 encraachmer��s ana the
cleaning and restoration of the city stree#s. All insurance cov�rage req�ired
herein shall include coverage ofi aii Grantee's con�ractors.
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16.
Grant�e agrees to d�posit wi#h the Ci#y when this agreemen# is executed
a sufFcisnt s�m of � money fo be used to pay necessary fees to record this
Consent Agreemen� irt its entirety in the deed records of Tar�ant County, Texas.
After being so recorded, t�e origina! hereofi shall be returned to the Cifiy
Sec�-etary of the City of Fort Worth, Texas
17.
In any action broug�t by the City for the enforcement of the obligatians of
Grantee, City sha�! be entiiled �o reeover interest and reasonaE�le attorney's f�e5.
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Grantee covenants and agrees that it will not assign al! or any of its rights,
privileges or dufiies und�r this con#�ac# wi#hout ihe prior writter� approval of City,
and any attempted assignmer�t wit�out such prior written approval shall be vo�d.
19.
This agreem�nt sha11 �ie binding upon the parties here#o, their successors
and assigns.
EXECUTED this ,�� day of i��,;�, ;�, �,� � , 20
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- . ClTY� Q� Ff�F�'f WOI��fH, GRANTOR /�P-� , ". �I�>`- �61� , �RANTEE
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B Mil�e Groomer, Asst. Ci#y Manager � '����"�p� _(��'����iG/. �°��
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A�;'TEST: •
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'�ity Secretai�p
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contract Authorizati.ort
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APPROVE�� TO FO AND LEGALITY
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Cit Atto�' y
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V�itlL"U�L'S �l���WU I
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STATE �F TEXAS
COUNTY OF TARRANT
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BEFORE ME, the undersigned authority, a Notary Pub�ic in and for the
State of Texas, on t��s day� personally a�peared Mi�e Groomer ,
known #o me ta be the person whose name is subscribed ta the foregoing
instrum��t, and acEtnowledged to me that helshe executed t�e same for �he
purposes a�d consideration therein expressed, as the act and deed of t�e City af
For� Worth, and ir� the capacity therein stated.
GlVEN UNDER MY HaND AND SEAL 4F �FFlCE this �� day of
N�-r.��,. , Zo o � . ' '
r'�iiYA� ROSELLA8AR�1�5
=��CP..»., q���
NOTA�iY �U��IC
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� State oi iexa�
Comm. Exp. 03-3i ��
1� ��rllilin� li�,- 11�� ii�Y �11\�L��
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Nofary Public in and for the
Sfate of Texas
STAT� OF TEXAS
COUNTY OF TARRANT
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BEFORE ME, the unders�gneci aut�ority, a Notary Public in and for the
S#ate of Texas, ot� this day personaliy appeared �r� �G �l ]%.r ���
known to m� to be the person whose name �s s�bscribed #a the foregoing
instrument, and ac�tnowledged to me that helshe exe�uted the same for the
purp ses a�d cansideration therein expressed, as #he act a�d deed af
p:`�,�� ('� �� f� /�' , and in the capacity therein
siated .
GiVEN UNDER MY HAND AND SEAL �F OF�ICE this �� day of
, �p��•,
_. _ . . . _. .... ,. , .. _ _ _. . �,�.�,
�� '�P{ °°B� Glenda Harris �
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,* :�: �:_ Nolary Public, Siaie oi Texa5 ;
% i Niy Commfsslon EKDires
��' 'tiF�rth°'' JANUAAY fl2, 2005 ,
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Natary Publ�c in and for the
State of Texas
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