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Home My WebLink AboutContract 28306CONSENT AGREEMENT STATE OF TEXAS COUNTY OF TARRANT � 0 �IiY �� _ v.�..�.�. 3� THIS AGREEMENT is made and e�tered into by and between the City o� Fort Worth, a municipa! corporation of Tarrant County, Texas, acti�g herein by and through i#s duly authorized City Manager or duly designated AssEstant City Nlanager, hereinafter referred to as the "Ci�y", and Kimhell. Art Mus�u� , acti�g herei� by and through its duly authorized Y�ereinafter referred to as "Grantee". WITNESSETH: 1. Director For and �n co�side�ation of the payment by grantee of the appl�cation charge set out below and the true and fait�ful pertormance of the mutual covenants herein contained, Ci#y hereby gran�s to Grantee permission to encroach upon, use and occupy portions of the space under, on andlar above the st�eets, alleys, sidewalks and other public rights-of-way as follows: S e e Exhib i t nA" -c- i I�.� �►r� r? 'r� �. ��o vw w. �.v..► , cA A--� c c, 'ra - � � � i . I � �! ►_�JIY' ... �• rtl�, . �y " ! 'V'� I i1i � �f'11�V � ��s � �/ �� The location and description of �aid er�croacF�ment is more particulariy described in Exhibit "A", attached hereto, incorporated here[n and made a part hereof far all purpo�es. 2. All construction, maintenance and operation in connectian with such encroachment, use and occupancy shal[ be performed in st�ict compliance wit� tt�e Charter, Ordinances and Codes of the City and ir� accor�anc� with the directions of the Direetor of Transportation and PUblic Works of City, ar �is duly aUthorized representativ�. All plans and specifieations th�reof shall be subject to the prior written appro�al of #he Director of Transportation and Public Works, or his duly authorized representative, but such approval shall nof relie�e Grantee ofi responsibility and liability for concept, desigr� and computation in preparation of such plans and specifications. 3. Upon comp{etion of constructiort and thereafte�, there shall be no encroachments in, under, on or above the surface area of the streets, alleys, sidewal�cs and other public rights-of-v�vay invol�ed, except as described �ereir� and shown on #he hereinabove referred to Exhibit "A". 2 4. Grantee, at no expense to the City, shaEi make proper provisions for the � relocation andlor �nstallation o� ar�y exisfing or future �tilities affected by such encroachment use and occupancy, including the securing of approval and consent from the uti�ity companies and the appropriate agencies of the State and its politacal subdi�isions. In the event that any installation, reinstallatior�, reiocatior� or repair of any existing or fUture utility or impro�ements ovwned by, constructed by or on behalf of tf�e public or at public expense is made more aastly by �irtue of the construction, maintenance or existence af such encroachmer�t and use, Grant�e shali pay to City ar� additional amount equal to such additional cost as determined by the Director of Transportation and Public Works of the City, or his duly authorized representati�e. 5. City may enter and utilize the ref�renced areas at any time far the purpose of insiallEng or maintaining improvements necessary for ihe health, safety and welfare of the public or for any other public purpose. In this rega�d, City shall bear no respo�sibility or liabiiity for damage or disruption of impro�ements installed by Grantee or its successors, but City will make reasonable efforts to minimize such damage. � In arder to defray alf costs of �nspection and supervision which City has incurred or might incur as a result of #he construction or maintenance of the 3 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 hundxed eighty--fa.ve Doilars ( 4$5.00 ), 7. The initia[ t�rm of this agreement shall be thjrty (3p) years; commencing on the date this agreement is exec�ted hy the City of Fart Worth. � Upon terminatio� of this agreement for any reason whatsoever, Grantee shall, at t�e option of City and at no expense to City, restore the public right-ot- way and adjacent supporting structures to a conditior� acceptable to the Director o# Transportation and Public Works, or his duly autharized representative, and in accordance with then existing City specifications. � . It is furth�r undErstood and agreed upon between the parties hereto tha# the Cit�l streets, alleys, sidewalks and other public rights-ofi wa�, incl�ding the partions of such streets, alleys, sid�walks and other public rights-of-way to be used and encroached upon as described here�n, are held by Cify as trustee far the public; that City exercises such powers over the streets as have been delegated ta it by the Constituiion of the Siate of Texas or by the Legislature; and that City cannot contract away its duty and its legislative power ta cantrol the str�ets for the use and b�neft of the public. It is accordingly agreed that if the �overning body of Cifiy, to wit, its City Council, should at any tim� during the term hereof determine in its soEe discretion to use or cause or permit the said portions 4 of the streets, alleys, sidewal�s and other rEg}�ts-of-way to be used for any other public purpose, includir�g but not being limited to underground, surface ar overhead communication, drainage, sanitary sewerage, transmission af natural gas or electricity, or any other pu�fic purpose, whe#her presently contemplated or not, ther� this agreement shall be automatically canceled or terminat�d. 1 D. Grantee understa�ds and agrees that #he granting of any encroachment hereunder is not meant to convey to Grantee any right to use or occupy praperty i� which a thErd party may have an inter�s#, and Grantee agrees that it wiEl obtain all necessary permissian before occupying such property. 11. Graniee agrees to comply fully with all applicable federal, state and local laws, statutes, ordi�ances, codes or regulatio�s in connection with t�e �onstruction, operation and mainfenance of said encroachments and uses. '! 2. Grantee agrees to pay promptly when due all fees, taxes ar rentals provided for by this agreement or by a�y federal, state or local statute, law or regulation. 13. Grantee co�enants and agrees that it shall operate hereunder as an independent contractar as #o all rights ar�d privileges granted hereunder and not as an officer, agent, servant or employee of City; that Grantee sha�l have exclusive cor�trol of an� the exclusive right to cor�trol the detaifs of its operatio�s, � W and all persons pertorming sar�e, and shall be solely respansib�e for the acts ar�d amissions of its officers, agents, servants, emptoyees, contractors, subcontractors, iicensees ar�d invitees; that the doctrine of r�spondeat sup�rior �hall not app�y as be#weer� City and Grantee, its a�icers, agents, senrants, employees, contractors and subcantractars, and nothing herein shal� be construed as creating a partnership or jaint enterprise between City and Grar�tee. 14. Grantee shall, to the extent authorized under the canstitution and laws of The Sfa�e of Texas, indemnify, hald harmfess and defend Cify, its officers, agen#s, servants and employees, from and against any and all claims or suits far property damage ar loss and/or personal injury, including death, to any and aN persons, of whatsoeWer kind or character, whether real or asserted, arising out of ar in co�nectian with, directly or indirec#ly, the construction maintenance, occupancy, use, exis#ence or focation of said encroachment and uses granted hereunder; and Grantee hereby assumes al! liability an� responsibiltty for such claims or suits. 15. Grantee is a governmental entity ar�d is self-insured #o the extent of its liability uncier the Texas Tort Claims Act. 16. Grantee agrees io deposit wi#h the City when this agreement is execu#ed a sufficient s�m of money to be use� to pay necessary fees to record this Consent Agreement in its entirety in the deed records of Tarrant County, Texas. C 0 � After being so r�corded, the arigina{ hereof shaal be returned �a the City Secretary of the City of Fort Worth, Texas 17. In any action brought by the City for the enforcement of the obligations of Grantee, City shall be entit�ed to recover interest and reasonable attorney's fiees. 18. Grantee cover�ants and agrees that it will rtot assign all or any of its rights, privileges or duties ur�der this contract without the priar written approval of City, and a�y attempted assignment without such prior written approval shall be �oEd. 19. This agreement shall be binding upon the parties hereto, their successars and assigns. EXECUTED #his �� ay of � , 20 ��- CITY �F FORT WC�RTH, GRAf�lTOR imbell Art Museum , C,RANTEE � �� ' � .. � /� . s--� / V B�. r � . � . � �y. / - '♦ Reid Rector, Asst. City Manager Dr. Timothy Potts Director A�'T,�ST: �� APPROV AS T�Q.- FQRM AND LEGALITY � �,,_ � „�.,�Ywa�.._..:.. , .. ..� _ . �, City Secrei€�ry ' � �;��City A#tor y �i � � � � � ._, .e =�--- contx�a Ru�hori��ion � �.3 � � F _ --_.�= _-.-. -�- n�� STATE OF TEXAS C�UIVTY OF TARRANT 0 r, � BEFORE ME, the ur�dersigned authority, a Notary Public in and for the State of Texas, on this day personalfy appeared �eid Rector , known to me ta be the person whose name is subscribed to the fo�egoir�g instrumer�t, and acknowledged to me that helshe executed the same for the purpos�s and cQnsideration thereir� expressed, as the act and deed of the City of Fort Worth, and �n fhe capacity therein stated. , GIVEN UNDER MY HAI�D AfVD SEAL OF OFFICE this �-� day of �A,►.� , 2O o�. , ��Y A � ROSELLA BARNES � 9 ��NOTARY PUBLfC 5tate of Texas ��..�c«„�. �p. a�-��-Zaos � . . �� ,-. . -. .,ti -, �, -, , -,,,, . , • - .�i�.e--�� .��-,-,--� Notary Public in and for the Siate of Texas STATE OF TEKAS § COUNTY OF TARRANT § BEF4RE ME, the unders�gned authority, a R�otary Public i� and for the Stat� of Texas, on this day persanal�y a�peared Dr. Timothv Po�� lcnown to me to b� the person whose name is subscribed to the foregoing instrumer�t, and acknowledged to me that helshe executed the same fior the �urposes an� consideration thereEr� expressed, as the act and deed of Kimbell A�t Museum , and �n the capacity therein Stated. �NEN UiVDER MY HAND AND SEAL OF �FFICE this � day of � , 2o r . . � , ' �`-�n � c � ,. ' Notary Pubiic �n and for the � Staf� of Texas � ,��V R� per+ni9e l. tJ�cCain �(�4k�1 � µ+{y Comntilssion �4�r� l 77� 1 �.�,r...%�,1-q Apti413.20fl5 1 •+s 9 � � � �J Arch Adar�s Street �� i I i I � , �, m � L �' i � -, I � �f L �i� f I �� -- — 85' I � Kir�bell Art PluseuM Property Exhibit "A" Kir�bel! Ar� Museur� Darnell Street AucdioriuM �nCrochMent Agreerrent to Hyolro—Bare under Arch Ao�ar�s Stree�t. a� I I fl �I r � � / �I � !I II �! � ��? C'ity o,�.�'o�t Worfh, T'exacs l�I�.�� a�.�. Cou�.�i� C�r�r�u�� DATE R��ER�NCE I�UMBER I.OG f�AME PAG� 71231D2 �o� g� �� 06ARCH 1 of 1 SUBJECT ENCROACHMENTS IN RIG T-OF-WAY: STANDARD CO VSENT AGREEMENT W1TH THE KIMBELL ART MUSEUM AUTHORIZING C�NDUITS UNDER THE 110Q BLOCK OF ARGH ADAMS STREET RECQMMENDATION: It is recommended that the City Cou�cil authorize the City Manager ta enter into a standard consent agreement with the KimbelE Art Museum aufiharizing use of the right-of-way for installatian of communication conduits under the 1100 blocfc of Arch Adams Street. D15CUSSION: The Kimbell Art Museum, tY�rough its Director, Dr. Timo#hy Potts, is requesting p�rmissior� io instafl communications conduits under ArcF� Adams Street. The purpose of the conduits is to provide computer, telephone, fire alarm and security communications among its facElities on either side of the st�eef. The museum is also requesting a�tharity to irtstall 920 �olt AC paw�r cables in the conduiis. The Encroachment Commitfee has reviewed this request and recammends approval o� of th� communicafio�s cables, and not the power cables. The proposed encroachment is located in COUNCIL �15TRICT 7. F'ISCAL INF�RMATIONICERTIFICATION: The Finance Directar cer�ifies that this action will have no materia! effect on City funds. RR:k Submitted %r City Manager's �ffice by: FIJIVD I ACCOUNT � (to) C�N'�'ER I AMOUNT I CITY SECRETARY Reid Rector �riginating Departrnent Head: Bob Rilcy Add�tional I�formafion Contact: Bob Riley G140 I 8901 I {from) � 89�1 I 1 � 1 1 � APPROVED 07/23/02