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HomeMy WebLinkAbout015351 - General - Contract - John Roby Penn4 ► ,. STATE OF TEXAS § COUNTY OF TARRANT § CONSENT AGREEMENT CITY SECRE7 � CONrRACT No/���� 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 City Manager, herein- after referred to as the "City" , and ,Toh� Rnhv pP„n 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 appli- cation charge set out below and the true and faithful performance of the mutual covenants herein contained, the City of Fort Worth hereby grants to Grantee permission to encroach upon, use and occupy por- tions of the space under, on and/or above the public streets for the purposes as described and located in Exhibit "A" attached hereto. Said Exhibit "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 the City of Fort � � Worth and in accordance with the directions of the Director of Transportation and Public Works of said 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 t'he surface area of the streets and sidewalks involved, except as shown on Exhibit "A". C! The Grantee, at no expense to the City, shall make proper provi- ' sion 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 the City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works of• the City of Fort Worth, or his duly authorized representative. -2- m 5. In order to defray all costs of inspection and supervision which the City of Fort Worth has incurred or might incur as a result of the construction, reconstruction or maintenance of the encroachments and uses provided for by this agreement, Grantee agrees to pay to the City of Fort Worth at the time this agreement is executed an applica- tion charge in the sum of One Hundred Dollars { $ 100 . 00 ) . 6. The initial term of this agreement shall be twenty-five (25) years, commencing on the date this agreement is executed. 7. Upon the termination of this agreement for any reason whatso- ever, Grantee shall, at the option of the City and at no expense to the City, restore the public streets and adjacent supporting struc- tures 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. � It is fu"rther 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 the City as trustee for the public; that the City exercises such powers over the streets as have been delegated to it by the Constitution of the State o� Texas or by the Legislature; and that the City cannot contract away its duty and its legislative power -- 3- 0 to control the streets for the use and benefit of the public. It is accordingly agreed that if the governing body of the 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. � c • Grantee understands and agre�s 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. 10. 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. 11. 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. -4- � � 12. 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, servan�. or emnloyee of the 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, subcontractors, licensees and invitees; that the doctrine of respon- deat superior shall not apply as between City and Grantee, its of£i- cers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Grantee. 13. 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 of character, whether real or asserted, arising out of or in connection 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 offi- cers, agents, servants, employees, contractors, subcontractors, licensees or invitees of the City; and Grantee hereby assumes all liability and responsibility for such claims or suits. Grantee shall �� .r ti 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 officers, agents, servants, employees, contractors, subcontractors, licensees, invitees, or trespassers. 14. Grantee agrees to furnish City a certificate of insurance as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public 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 Personal injury or death, per occurrence $300,000 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. Grantee agrees, binds and obligates itself, its heirs and as- signs to maintain and keep in force such public liability insurance at all times during the term of this agreement. A certificate of insurance as proof of such maintenance shall be submitted annually to City on the anniversary date of the execution of this agreement. Each such insurance policy shall provide that it cannot be cancelled or amended without at least thirty (30) days prior written notice to City. �� � 1.5 . Grantee agrees to deposit with the City of Fort Worth when this agreemen� 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, Te'xas. 16. 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. 17. This agreement shall be binding upon the parties hereto, their successors and assigns. EXECUTED this Z-- � day o f CITY OF FORT WORTH, GRANTOR By: � ' 'ty Ma�ager ATTEST: ity �ecretary APPROVED AS TO FORM AND LEGALITY: �,���D��- �� City Attorney Date: 6�- 2��(�v �� i9 g� � �� � � �-�tANTEE �d�A.b.. �DIsM r'�'CN t�. ..._,J By: ATTEST: ���/",l% �� C'ontraat Autho�izatio� � "��(� .�' Date lwo3 -7- � . � � . . . , �. ,_ , , �� ' � .: . r .ra . ��:,.._. . _ . _ __. _� . J r.u.�.;LiJA~.a:..Y.I�Iv"J.S��: ....�........ ....«-..� ..r.�...,.a....,..<..... � C �:',� ' ' \ � . � . �Crum ana Forster Personal InsurBr�� TEXAS SiANDARD HOMEOWNERS POIICY �~~d COMPLETES THE POLICYni une " �F���7IV� GE�/G1/bb YGUK pf�l,IGY C�Qn��S ' AQCINv Uk ,[?��IiS1h•C� �TEiriS ��]T�D EGI C�i'� �� pLAA NOTE NUMBER POLICY NUMDER � EUF. PAY. p I I� r, 5 5�Qps, 4. E n_1�._�5__ THIS INSURANCE POLICY �S ISSUED B� �(:Cit�,NOi��ir��AL1't�, l��f�YI�S �Ih�SURA�C�� �Cp�D,3NY lA CAPITAL STOCK COMPANY) PRODUCER N0. SUB-PROD. � FIRST DAiE WRITTEN OFFICE POLICYPERIOD�_YR(Si�..E����-E+��� ToC1h11�:/��i ,����(� I�li1 I�(al�.fJl$b I� �tl AT 1 2:01 AM STANDARD TIME AT LOCATION SHOWN BELOW NAME INSURED - NUMBER • STREET - TOWN � E .! Gi hi!� .►� . . P � N i�� ,.1 � : . , � R � 17Gi5 .'f6YAS kMF�;ix�GA�i_�A�K '�L.I?C,. � � FOf�i 1���Th TX -7b7.Qx � CONST. ROOF LOT I BLOCK .��M�.����I�F,������a ;I . � . o . � .. .....4�fi��I���`T� �.....� t$` 4Y: � Y ��� �:y ,'..i�:�� i��.°iJGi t�'P'"Y� "' ' ' _,...i ...o.._. / � �4.' '�Q � 'L,7��1► f t� � � �.��4 ���!�� � ��;� , ��.w�5� I�i� e� � k'j � C7 r f,� � I�G��Sb2 ' C���►7� . � NG��3� �2�7� j�it�tx���'J x�1t�Q� f-iC1M3�9 �t1•#�� ��'���� ���+f?�J itil�� �F AP•t�i.T•GA�L,��. kk��• k'�TAG�i�(� �Tf� Ai�C� f�A�J� Q •�'f�Ri �C�� ��'�►� �PpI�iGY A DWELLING �2�r,.t;►t1�'� �Sn.C�O� :� � !�,�(?Cr�.�i3U .�d�.�GQ� �abU CU����`Y B UNSCHEDULED PERSONAL PROPERTY C SCHEDULED PERSONAL PROPERTYas provided by endorsement attached hereto . .w , � ��' �•i .. �pl f2: . f . ' _ . , �� D PERSONAL LIABILITY, Each Occurrence E PERSONAL MEDICAL PAYMENTS. Each Person F PHYSICAL DAMAGE TO PROPERTY Of Oth@�S. Each Occurrence , r , ...r�� i ..,. . � Z� f, �. DEDUCTIBLE shall apply under Deductible Clause No. 1. $��� DEDUCTIBLE shall apply under Deductible Clause No. 2. �.� DEDUCTIBLE shall apply under Deductible Clause No. 3. DECLARATIONS of the Insured: . The described premises are occupied by not more than two families and not more than two roomers or boarders per family. . The above premises of the described dwelling are the only premises where the named Insured or spouse maintains a residence, other than business property and farms. �. No business pursuits are conducted at the premises of the described dwelling. .xceptions, if any, to 2 or 3: E�kAN'rS •CUR���t�Y ��os �/� S� S"F ,�G�"C ►vt;�'th ,�rX •767�0� I PREM. GRP. 500' TO 1000' OVER 1000' FRINGE OUTSIDE CfTY LIMRS ��'b--- -------- -------- ��---- ��---- ---:OS�.h��_. ;�t.,.e �s��n s�►S��/;� �0�69q ADDITION . �kIV�RC�',�Sfi � HOMEOWNERS F RM._ip�^ h 1�8� AND ENDORSEMENTS NOS. f'i �.r �y A A �faS��C �P���",�1��` _. X�;CF2��$��i �:Ii��uT� �k�'�U�TIdG � AD.J 1'. �! T W L. u i1 � �� . �• �� �' +� �' � ���� � $�px�p ����Q 30,� Q� 54,� Gip �t�eAO � p ,� O l) �Q.! �� �A�L1A �i��QO �Q.00 "�4eU�+ �0lOG �:��f?� THE RESIDENCE PREMISES COVERED BY THIS POLICY IS LOCATED AT THE ABOVE ADDRESS UNLESS OTHERWISE STATED. k-7;ict �;�,1 �a �.�r�i v.GR�rw .'fx 767,Q'T lortgage Clause: Under Section 1, Payment for loss to real property shall be made to the Insured and . l Morteasee hPNIl.LSP� ��:;/ELGPi��I'�,�`I' .��.JR� C+t [,;�it�i'�'',F=YR$`t k��a�iK tkTil"�A Street � P� G E. rJ ��t % G �19 �3 c�ty �0".T ►�CRTr-i �'X 7c514`7 � � � . as Mortgagee or Trustee, as their interest may appear at time of loss, subject to the Mortgage Clause he in:���'.,I ,�/ , ,� In consideration of the a6ove Declarationa and of the premium specified herein, thu Company agr�•to-Iruure ant� Iwderiiriifj� aceor�in�►7o the rroviaions and conditiona in the policy and the forma and endorsementa attached. j, ,_ � i2f,�`TS CU11i-nNY ,ssignment of this policy shall not be valid except with the written consent of the Company. 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