HomeMy WebLinkAbout025281 - Construction-Related - Contract - Tarrant County, TexasSTATE OF TEXAS S
COUNTY OF TARR.ANT $
CITY SECRETARY�S���
CONTRACT NO. _. ,._..:...:�
CONSENT AGREEMENT
THIS AGREEMENT is made and entered into by and between the
City of Fort 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 Tarrant Countv, Texas
acting herein by and through its duly authorized
Tarrant County Judge, Tom Vandergriff
, 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 permission to encroach upon, use and occupy
portions of the space under, on and/or above the streets, alleys,
sidewalks and other public rights-of-way as follows : PPrmanPnt-
installation of 4" diamater, 12'-0" heiQht pole with flood 1;ght ��" frnm fa�P of
curb adjacent to handicap ramp at north west auadr�nt- �f in rsPt-tinn n�
Weatherford at Com�nerce Streets , to allow pror�er f lcxx7l; ; ng �f thP YPC'PT'11' � V
constructed Horse Fountain at the Countv C'�urthouse. 7�n �-� /��� X � i�� �ra�.=; n� �f the
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location is attached.
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The location and description o said encroachment is more particu-
larly described in Exhibit �"A", attached hereto, incorporated
herein and made a part hereo£$�for all purposes.
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Al1 construction, maintenance and operata.on 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 a{�d specifications therefor shall be
subject to the prior wri��ten approval of the Director of
Transportation and Public Wor*�s, or his duly authorized represen-
tative, but such approval shall not relieve Grantee of responsi-
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bility and liability for con�ept, 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 surface area of
the streets, alleys, sidewalks and other public rights-of-way
involved, e�cept as describe� herein and shown on the hereinabove
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referred to Exhibit "A". ;�
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Grantee, at no expense ;�to City, shall make proper provision
for the relocation and/or installation of any existing or future
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utilities affected by such enc�coachment use and occupancy,
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including the securing of ap'Fsoval and consent from the utility
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companies and the appropriate,`�gencies of the State and its polit-
ical subdivisions. In the event that any installation, reinstal--
lation, 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 con-
struction, maintenance or exi'stence of such encroachment and use,
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Grantee shall pay to City ��n additional amount equal to such
additional cost as determine� by the Director of Transportation
,.
and Public Works of the City�; or his duly authorized representa-
tive.
5.
City may 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 th�s regard, City shall bear no respon-
sibility or liability for d'� age or disruption of improvements
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installed by Grantee or its s�iccessors, but City will make reason-
.,
,
able efforts to minimize. sucli 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, Grant'k e agrees to pay to City at the time
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this agreement is executed a application charge in the sum of
Three Hundred and Thirtv Five �� Dollars ($ 335.0(1 ).
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The initial
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term of th��is
agreement shall be thirty (30)
years, commencing on the date this agreement is executed.
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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 right-of-way and adjacent supporting
structures to a conditior�� acceptable. to the Director of
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Transportation and Public Wo� s, or his duly authorized repre-
sentative, and in accordance {Mwith then existing City specifica-
tions.
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It is further 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 publ�c rights-of-way to be used and
encroached upon as described i� erein, are held by City as trustee
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for the public; that City ex��rcises 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 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 her�of determine in its sole discretion
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to use or cause or permit"the said portions of the streets,
alleys, sidewalks and other ublic rights-of-ways to be used for
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any other public purpose, ��including but not being limited to
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underground, surface or overhe�d communication, drainage, sani-
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tary sewerage, transmission o� natural gas or electricity, or any
other public purpose, whether resently contemplated or not, then
this agreement shall be automa.ically cancelled and terminated.
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10.
Grantee understands anc"� agrees tha� the granting of any
encroachment hereunder is n t meant to convey to Grantee any
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right to use or occupy prope y in which a third party may have
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an interest, and Grantee agre �s that it will obtain a1J. necessary
permission before occupying su�h property.
.
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Grantee agrees to comply��fully with all applicable federal,
state and local laws, statuteas, ordinances, codes or regulations
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in connection with the construction, operation and maintenance of
said encroachments and uses. a•
12.
Grantee agrees to pay pr,omptly 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 City; that Grantee shall have exclusa.ve control of
and the exclusive right to control the details of a.ts operations,
and all persons performing same, and shall be solely responsible
for the acts and omissions of its officers, agents, servants,
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employees, contractors, subcontractors, licensees and invitees;
that the doctrine of respondeat superior shall not apply as
between City and Grantee,�Eits officers, agents, servants,
employees, contractors and subcontractors, and nothing herein
shall be construed as creatin�g a partnership or joint enterprise
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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,
including death, to any and all persons, of whatsoever kind or
character, whether real or asserted, arising out of or in connec-
tion with, directly or indirectly, the construction, maintenance,
occupancy, use, existence or, location of said encroachment and
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uses granted hereunder, whet�ier or not caused, in whole or in
part, by alleged negligenc�: of officers, agents, servants,
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employees, contractors, subcontractors, licensees or invitees of
City; and Grantee hereby assumes all liability and responsibility
for such claims or suits. Grantee shall likewise assume all
liability and responsibility,and shall indemnify City for any and
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all injury or damage to City �roperty arising out of or in connec-
tion with any and all acts o� omissions of Grantee, its officers,
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agents, servants, employees,{ contractors, subcontractors, licen-
sees, invitees, or trespassers.
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15.
Grantee agrees to furnish City with a C�rtificate of
Insurance, naming City as certificate holder, as proof that it
has secured and paid for a policy of public liability insurance
covering all public risks related to the pro�osed use and
occupancy of public prop��ty as located and described in
Exhibit "A". The amounts of;�such insurance shall be not less
than the following: � '
Property damage, per occu��rence $100,000
Bodily injury, per person�� $250,000
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Bodi.ly injury or death, per occurrence $500,.000
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with the understanding of asd agreement by Grantee that such
insurance amounts shall be r�vised upward at City's option and
that Grantee shall so revi.se.such amounts immediately following
notice to Grantee of such rFquiremen't. Such insurance policy
shall provide that it cannot �e cancelled or amended without at
least ten (10) days' prior��written notice to the Building
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Official of the City of Fort fl�or�h. A copy of such Certificate
of Insurance is attached a� Exhibit "B". Grantee agrees to
submit a similar Certificate o� Insurance annually to City on the
anniversary date of the execution of this agreement.
Grantee agrees, binds anci obligates itself, its successors
and assigns, to maintain and ]ceep in force such public liabili.ty
insurance at all ti.mes during the term of this agreement and
until the removal of all encroachments and the cleaning and
restoration of the City streets. All insurance coverage required
herein shall include coverage of all of Grantee's contractors.
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16.
Grantee agrees to deposit with 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 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.
F_�►�!
In any action brought by City for the enforcement of the
obligations of Grantee, City shall be entitled to recover
interest and reasonable attorneys' fees.
18.
Grantee covenants and agrees that it will not assign all or
any of its rights, 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 shall be binding upon the parties hereto,
their successors and assigns.
EXECUTED this -3��Lday of
September
r
19 99
CITY OF FORT WORTH, GR.ANTOR
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BY S c.��% �G�'`�'1 j�—,r� �_-�. '"" �✓
��=Mike Grooiner, �t. City Manager
ATTEST:
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��.x,�, City Secretary
APPROVED TO FO AND LEGALITY:
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��Ifi City Attorney
Date:
, GRANTEE
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Tom Vandergriff � /
Tarrant County J �ge �
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Cor�tr.act Authorization
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STATE OF TEXAS �K
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COUNTY OF TARRANT �k
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BEFORE ME, the undersign�d authority, a Notary Public in and
for the State,Qf Texa , on this day personally appeared
�_IP1"a`J�o (�rn(1roor.%� known to me to be the person whose
name is subscribed to th foregoing instrument, and acknowledged
to me that he/she executed the same for the purposes and consider-
atior. therein expressed, as the act and deed of the City of Fort
Worth, and in the capacity therein stated.
GIV N UNDER MY HAND AN SEAL OF OFFICE this n['"/ ���day of
. , 19
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{ ry Public i and for
��,,,,,,,�� the State of e as
*��SAl�AFI JANE �fQ�,�
b NU7�RY PU�3LIC
State of Tex�a
� �'* Comm. Exp. 01-29-2002 .
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
for the St te of Texas, on t�is day personally appeared
�% `, known to me to be the person whose
name is subscrib to the fo�.going instrument, and acknowledged
to me that he/she executed t: same for the purposes and consider-
ation therein expressed, as t e act and deed of
��ra n��_n,. � , and in the capacity therein stated.
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GIV N UNDER MY HAND AND�SEAL OF OFFICE this ,� � day of
� � ti-..r , 19�_
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� =o1PPY PGB� GRACE C. RHODEN
; * �. Notary Publin
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� � ur it My Corrini. Exp. 02/2Q/2Q01
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A R C H I T E C T S 4���9
6777 CAMP DONIE BLVD., AlI7E 33=� �T �M' T�� �6116
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