HomeMy WebLinkAbout019777 - General - Contract - Stockyards Station PartnershipCITY SECRETARY,7/7 ' 426
CONTRACT NO _ i11
C aL cv 4t
CONSENT AGREEMENT
STATE OF TEXAS S
COUNTY OF TARRANT $
THIS AGREEMENT is made and entered into by and between the City
of Fort Worth, a municipal corporation of Tarrant County, Texas, act-
ing herein by and through its duly authorized Assistant City Manager,
Mike Groomer, hereinafter referred to as the "City", and
STOCKYARDS STATION PARTNERSHIP
acting herein by and through its duly authorized MANAGING
GENERAL PARTNERS, HOLT HICKMAN
, hereinafter referred to as "Grantee".
OFFICIAL. RECORcD
W I T N E S S E T H:
CITY SEI,RE 11RY
1.
FT. WORTH, TEX.
For and in consideration of the payment by Gran e--'Qt"hppli-
cation charge set out below and the true and faithful performance 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 public streets for the purposes as
described and located in Exhibit A attac ed hereto. Said Exhibit
/& "A-i"
"A" is incorporated herein by reference and is to be considered as a
part of this instrument.
2.
All construction, maintenance and operation in connection with
such encroachment, use, and occupancy shall be performed in strict
compliance with the Charter, Ordinances and Codes of 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 of Transportation and Public Works,
or his duly authorized representative, but such approval shall not
relieve Grantee of responsibility 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 surface area of the
streets and sidewalks involved, except as shown on Exhibit "A". & "A-1"
4.
Grantee, at no expense to City, shall make proper provision for
the relocation and/or installation of any existing or future
utilities affected by such encroachment, use and occupancy, including
the securing of approval and consent from the utility companies and
the appropriate agencies of the State and its political subdivi-
sions. In the event any installation, reinstallation, relocation or
repair of any existing or future utility or improvements owned or
constructed by or on behalf of the public or at public expense is
made more costly by virtue of the construction maintenance or exis-
tence of such encroachment and use, Grantee shall pay to City an
additional amount equal to such additional cost as determined by the
Director of Transportation and Public Works of City, or his duly
authorized representative.
5.
City may enter and utilize the referenced areas at any time for
the purpose of installing or maintaining improvements necessary for
the health, safety and welfare of the public or for any other public
purpose. In this regard, City shall bear no responsibility or liabil-
ity for damage or disruption of improvements installed by Grantee or
its successors, but City will make reasonable 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 construction or
maintenance of the encroachments and uses provided for by this agree-
ment, Grantee agrees to pay to City at the time this agreement is
executed an application charge in the sum of THREE HUNDRED
Dollars ($ 300.00 ).
7.
The initial term of this agreement shall be twenty-five (25)
years, commencing on the date this agreement is executed.
8.
Upon the termination of this agreement for any reason whatso-
ever, Grantee shall, at the option of City and at no expense to City,
restore the public streets and adjacent supporting structures to a
condition acceptable to the Director of Transportation and Public
Works or his duly authorized representative, and in accordance with
then existing City specifications.
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a
It is further understood and agreed between the parties hereto
that the City streets and sidewalks, including the portions of such
streets and sidewalks to be used and encroached upon as described
herein are held by City as trustee for the public; that City exer-
cises 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 hereof determine in
its sole discretion to use or cause or permit the said portions of
the streets to be used for any other public purpose, including but
not being limited to underground, surface or overhead communication,
drainage, sanitary sewerage, transmission of natural gas or electric-
ity, or any other public purpose whether presently contemplated or
not, then this agreement shall be automatically cancelled and
terminated.
10.
Grantee understands and agrees that the granting of any en-
croachment 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.
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11.
Grantee agrees to comply fully with all applicable federal,
state and local laws, statutes, ordinances, codes or regulations in
connection with the construction, operation and maintenance of said
encroachments and uses.
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 City;
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, employees, contractors, subcontrac-
tors, 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,
-5-
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 of character, whether real
or asserted, arising out of or in connection with, directly or indi-
rectly, 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 for such claims or suits. Grantee shall likewise
assume all liability and responsibility and shall indemnify City for
any and all injury or damage to City property, arising out of or in
connection with any and all acts or omissions of Grantee, its offi-
cers, agents, servants, employees, contractors, subcontractors,
licensees, invitees, or trespassers.
15.
Grantee agrees, binds and obligates itself and its successors to
maintain public liability insurance covering all public risks related
to the proposed use and occupancy of public property as located and
/ & "A-1"
described in Exhibit "A". The amounts of such insurance shall be not
less than the following:
Property damage, per occurrence $100,000
Personal injury or death, per occurrence $500,000
with the understanding of and agreement by Grantee that such insur-
ance amounts shall be revised upward at City's option and that
Grantee covenants and agrees to so revise such amounts within thirty
(30) days following notice to Grantee of such requirement. Such
insurance policy shall provide that it cannot be cancelled or amended
without at least thirty (30) days prior written notice to City.
A copy of such certificate of insurance is attached hereto as
Exhibit "B". Grantee agrees to submit a similar certificate of insur-
ance annually to City on the anniversary date of the execution of
this agreement.
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.
17.
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.
This agreement shall be binding upon the parties hereto, their
successors and assigns.
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EXECUTED this day of , 19•
GRANTOR: GRANTEE:
CITY
By:
F FORT 0TH _
Assistant City Manager
By:
) 4C644Y
City Secretary
APPROVED AS TO FORM AND LEGALITY:
r,City Attorney
i
Date:
STOCKYARDS STATION PARTNERSHIP
Holt Hickman
Managing General Partner
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Contract Authorization
6YA3
Date
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 MIKE GROOMER, known to me to be the
person whose name is subscribed to the forgoing instrument, and acknowledged to
me that the same was the act of the City of Fort Worth and that he executed the
same as the act of said City of Fort Worth for the purposes and consideration
therein expressed and in the capacity therein stated.
DER D AND S 1� F OFFICE this `ll VG I day of
C
EN MY HAN
! • ROBINSON
Notary Pubflc
STATE OF TEXAS
corm. Ezp. N Y 211994
My Commission Expires:
STATE OF TEXAS
COUNTY OF TARRANT
Nota y Public, State of Texas
Notary's Name Printed:
BEFORE ME, the undersigned, a Notary Public in and for the State of Texas,
on this day personally appeared Holt Hickman ,
known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that the same was the act of
Managing General Partner and that he executed the same as the act of
saidStockyards Station Partnership for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
July , A.D. 19 92
My commission expires:
Aq I qq
2nd
Notar Public, State of Texas
Notary's name printed:
Lijds'o.. 5r -&n
day of
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City of Fort Worth, Texas
Mayor and Council Communication
DATE
06/08/93
REFERENCE NUMBER
**013861
LOG NAME r
06SIGN
PAGE
1 of 1
SUBJECT
SIGN ENCROACHMENT ON EAST EXCHANGE AVENUE
RECOMMENDATION:
It is recommended that Council authorize the City Manager, or his designee, to enter
into a standard consent agreement with Stockyards Station Partnership; such agreement
authorizing the installation of a sign across East Exchange Avenue.
DISCUSSION:
Stockyards Station Partnership, through its Director of Operations, Lydia Brown, is
requesting permission to install a sign across the street and between 130 to 140 feet
east of N. Main. It will read Stockyards Station Market and will be similar in size,
and appearance, to an existing sign over East Exchange Avenue which reads "Fort Worth
Stock Yards." All appropriate reviewing agencies have approved the sign as proposed.
The Encroachment Committee has considered this request and is recommending approval of
the installation.
MG:b
Submitted for City Manager's
Office by:
FUND ACCOUNT
CENTER AMOUNT
CITY SECRETARY
(to)
Mike Groomer 6140
APPROVED
CITY CL. UN0,ll__
Originating Department Head:
Joe Bilardi 8901
JUN 8 1993
from
�iceJ��•�
For Additional Information
Contact:
Joe Bilardi 8x,01
City Sccrotary o4 the
City of Fort Worth, teens
-01 Printed on recycled paper