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HomeMy WebLinkAbout025217 - General - Contract - Performing Arts Fort Worth, Inc.�Y h CONSENT AGREEMENT STATE OF TEXAS S COUNTY OF TARRANT $ . • � CITY SECRETARY CONTRACT NO. a��l � THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a municipal corporation of Tarrant County, Texas, actinq herein by and through its duly authorized City Manage� or duly �designated Assistant City Manager, hereinafter referred to as the nCity" , and Performing Arts Fort Worth, Inc. acting herein by and through its duly ; authorized ,�artin Bowen, President and CEO , 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 permissian to encroach upvn, use and occupy portions of the space under, on and/or above the streets, alleys, sidewalks and other public rights-of-way as follows : I�tall on Parking Garage in Block 95, sign.s over sidevalks at follwoing locations: Two (2) on Commerce St. at the coraer of East 6lth St; one (1) on East 5th St. at the corner of Cammerce St. and; one (1Q�,on East 6th �., West of Calhoun.St. (See Eahibit 'A') U�G���CQQ� ���C���� '���11 ���'rG�� ' Q� '�.7 I��' n:.^.;� ���'I , e: .� .. ..',���!1N a 0 4 � � � � �• The location and description of said encroachment is more particu- larly 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 occu�ancy shall be performed 9.n 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 o£ 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, under, on or above the suriace 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 ti ,�t : , utilities aifected by such encroachment u,se and occupancy, including the securing of approval and consent from the utility companies and the appropriate agencies of the State and its polit- ical subdiviaions. In the event that any installation, reinstal- lation, relocation or repair of any existing or Future utility or iunprovements owned by, constructed by or on behalf of the public or at pnblic 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 equa]. to such additional cost as determined by the Director of Transport`ation and Public Works of the City, or his;� duly authorized representa- tive. 5. City mag 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 ar disruption of improvements installed by Grantee or its successors, but City �ill make reason- ai�,le 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 t's agreement ' executed an application charge in the sum of -��.�� ' �- o0 , e.� ''��. Dollars ( $ � �1 �� ) • . 3 ' S . � 7• The initial term of this agreement shall be thirty (30} years, commencing on the date this aqreement 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 riqht-of-way and adjacent supporting' structures to a condition acceptabie. to the Director of Transportation and Public Works, or-his� duly authorized repre- sentative, and in accordance with then existing City specifica- tions . -. 9. It is �urther 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 �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 o£ the publ.ic�. It is accordingly agreed that if the qoverning body of City, to wit, its City Council, shoulc� at any ti.me during the term hereof determine in its sole discretion to use or cause or permit the said partions 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, drainaqe, sani- tary sewerage, transmission of natural qas or electricity, or any other public purpose, whether presently contemplated or not, then this agreement shall be automatically cancelZed 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 app].icable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, aperation and maintenance of said encroachments and us�es. 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 operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or employee of Ca.ty; 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 officers, agents, servants and employees, from and against any and all claims or ,. suits for property damage or loss and/or personal injury, inc�uding death, to any and all persons, of whatsoever kind or character, whether real or asserted, arisinq out of or in connec- tion with, directly or indirectly, the construction, maintenance, occupancy, use, existence or location of said encroachment and uses granted hereunder, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of City; and Grantee hereby assumes all liability and responsibility _T r for such claims or suits. Grantee shall likewise assume all liability and responsibility and shall indemnify City for any and aIl 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. � ' r . � 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 golicy of pubiic liability insurance covering all public risks related to the proposed use and oecupancy of pub].ic property as located and described in Exhibit "A". The amounts of such insurance shall be not less than the following: " Property damage, per occurrence $100,000 Bodily injury, per person $250,000 Bodily injury or death, per occur'rence $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 requiremen't. Such insurance pol.icy shall provide that it cannot be cancelled or amended without at least ten (10) days' prior written notice to the Building Otficial of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "B". Grantee agrees to. suk�:i.t a similar Ce=tificate of Insura�ce 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 aqreement and until the removal of all encroachments and the cleaning and restoration of the City streets. All insuran`ce coverage required herein shall include coverage of all of Grantee's contractors. 7 16 . Grantee aqrees to deposit with City when this, agreement is executed a sufficient sum vf 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. I7. In any action brought by City fo= the enforcement of th� obligations of Grantee, CitZr shall be entitled to recover interest and reasonable attorneys' fees. 18. ' Grantee cavenants and agrees that it will not assign all or any of its riqhts, privileges or duties under this contract with- out the prior written approval of City, and any attempted assign- ment without such prior written approval shall be void. 19. This agreement shal.l be binding upon the partiss hereta, their successors and assigns. EXECUTED t�iis .-, lJ `" `" day of C ��'Y QF F ,/GRANTOR � t Performing TiIorth, Inc � 19 i �• - , GRANTEE By : ! V V �" - l.// Ul /6 �" By = ' Mi ke Groomer `�st. Ci ty Manager Martin C. Bowem, A ST: President & CEO � Performing Arts Fort V�7orth, Inc. d ..�c���,��" _ . City Secreta�y APPRO D PLS T FORM AND LEGALITY: �"�, � �( � �,'�Nl•City Attoneiey Date: `���e �2.��� �� . .�ntract Authorizatian �: �' F i S „ STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in arid for the State of Texas, on this day personally appeared P1ike Groomer 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 consider- ation therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. , 1 / GIVEN UNDER M HAND AND SEAL OF OFFICE this � day of , 19� . . N,ot�2`y Pub i c�' and f o r the State of T�as o.r*'"ti� SA�AW ,9ANE ODLE . ��* NC)T�4RY PUBLIC *� _ g State of 'Texa� � �'`� oc ��� Comm. Exp. 01-29-2002 �'� 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 Martin Rt�wPn , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that heJshe executed the same for the purposes and consider- ation therein expressed, as the act and deed of performing Arts Forth Worth, Inc. , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this September , lg 99 , .�— -- _—_� ��YP�e�,�, LaNetta R. Addy * ,�� NOTARY PUBLIC STATE OF TEXAS '��rFOPS�*`0 My Comm. Exp. 01-12-2002 �•. „ � ,, ■ 0 a 2nd day of ' c ' � nd for � Notary Pu i in a the State of Texas LaNetta R. 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