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HomeMy WebLinkAbout025343 - General - Contract - The Nature Connection, Inc.STATE OF TEXAS $ COUNTY OF TA.RRANT $ CITY SECRETARY ,/ CONTRACT NO. �-53 `�� CONSENT AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a municipal corporation of Tarrant County, Te xas, acting herein by and through its duly authorized City Ma nager or duly designated Assistant City Manaqer, hereinafter re f erred to as the "City" , and The Nature connection, Inc. . acting herein by and through its duly authorized agents , hereinafter referred to as "Grantee^. W�,�N E,�,�E�H : Z. 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 gr ants to Grantee permission to encroach upon, use and occupy portions of the space under, on and/or above the strests, alleys, sidewalks and other public rights-of-way as follows: Building Entry. Canopy at 406 Houston Street, Block bID, Ortilgtihnal City of Fort Worth, Tegas ��1�0�91�� `��C�G�� C�0�1 ������Q�f �o ��-����� �[��a — ` 5 � The location and description of said encroachment is more particu- la rly described in Exhibit "A", attached hereto, incorporated herein and made a part hereof for all purposes. 2. Al1 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 and in accordance with the directions of the Director of Transportation and Public Works of City, or his duly authorized representative. A11 plans and specifications therefor shall be su bject to the prior written approval of the Director of 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 surface 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 , •. 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 polit- ical subdivisions. Zn 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 co$tly by virtue of the con- struction, maintenance or existence 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 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 weJ.fare of the public or for any vther public purpose. In this regard, City shall bear no respon-- sibility or liability for damage or disruption of improvements installed by Grantee or its successors, but City will make reason- able efforts to mini.mize such damage. 6. In order to defray all costs of inspection and supexvision 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 this agreement is executed an application charge in the sum of Three Hundred � Thiry Five Dollars ( $335.00 . � . � � 7. The initial term of this agreement shall be thirty (30) years, commencing on the date this agreement 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 right-of-way and adjacent supporting structures to a condition acceptable to the Director of Transportation and Public Works, or his duly authorized repre- sentative, and in accordance with then existing City specifica- tions. F� It is further understood and agreed between the parties hereto that the City streets, alleys, sidewalks and other public ri ghts-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 o= by the Legislature; and that �City cannot�contzact away its duty and its legislative power to control the streets�for the use and benefi.t of the public. Zt is accordingly agreed that if the governing body of City, to wit, its City Council, should at any time during the term hereof deteanine in its sole discretion to use or cause or permit the said portions of the streets, alleys, sidewalks and other public rights-of-ways to be used for any other public purpose, including but not being l.imited to underground, surface or overhead communication, drainage, sani- tary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently cqntemplated or not, then this agreement shall be automatically cancelled and terminated. 10. Grantee understands and agrees that the granting of any encroachment hereunder is not meant to convey to Grantee any ri.ght 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 agzees to comply fully with all applicable £ederal, state and local laws, statutes, ordinances, codes or regulations in connect5.on 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 pra.vileges granted hereunder and not as an officer, aqent, 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 fo r the acts and omissions of its off icers, agents, servants, 0 � employees, contractors, subcontractors, licensees and invitees; that the doctrine of respnndeat superior shall not apply as betwee n City and Grantee, its officers, agents, servants, employees, contractors and subcontractors, and nothinq herein shall be construed as creatinq 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, aqents, servants and employees, from and against any and all claims or suits for property damage or loss and/or personal injury, includi.ng 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 Iocation 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 su�.ts. 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 connec- tion with any and all acts or omissi.ons of Grantee, its officers, agents, servants, employees, contractors, subcontractors, licen- sees, invitess, or trespassers. 15. Grantee aqrees to furnish City with a Certificate of Insurance, naming City as certif icate holder, 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 Iess than the following: ' Property damage, per occu=rence $100,000 Bodily injury, per person $250,000 Bodily injury or death, per occurrence '$SOO,Q00 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 i.m¢nediately follvwing no tice to Grantee of such requirement. Such insurance policy shall provide that it cannot be cancelled or�amended without at least ten (10) days' prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "B". Grantee agrees to submi.t a simiiar Certificate of Insurance 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 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. 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. Zn any action brought by City for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorneys' fees. � 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 ��"" "day of CITY OF GRANi'OR By : �v � � v v � �, AT �T: C'ity Secret APPROVED AS FORM AND LEGALITY: � � � City Atto ney �'��Y��� , 19�. The Natiilr.e Connecttilop., In� . Ggp,�EE :Anton'�Hernandez BY . . _ � / � � ;� ► � _�I�; 12�a2v����n �a Contract`Authorization Date : Date � � r� STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Natary Public in and f•or the State of Texas, on this day personally appeared Mike Groomer , known to me to be the person whose name is subscribed to the foreqoing 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� day of �� � kx► �. ) , a. 9�, . ,t n..e_1.C� ��-P � ar�y Public 'n and for the State of T x s �►,.� ��" �'� SAi�AH ,i�Pd� QD�� ' NOi�kRY PU�LiC � State of T�xas � � �, 4 � �`� � t�`� Cornm. Exp. 01 •29-2002 ,„ , � � � �, STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State f�Texas, on this day personally appeared Antonio Hernan�ez , known to me to be the person uhose name is subscribed to the foregoing instrument, and acknowledged tc me that he/she executed the same for the purp s nc� co ider- ation therein expressed, as the act and deed o a•C,G�! ,� �. ,�and in the capaczty therein stated. � GIVEN� II �D�ER MY HAND AND SEAL OF OFFICE this (/ ��l/.Yday of � C ��rT'Ux-- , 19 C1 �1 . /���'�� � ��`�v ✓C?SZ�c� l Notary Public in and for the State of Texas � d 0 1� 1�/11J1999 1�:1i 81?2�579e2 Db'[�3:9b IU•61 YS E�;RTH HOP+1E 5 �� ��� �° 3 .. �,� ���� i � � �� � ����• ���� �� � = 1� � i � � �; ---'�,--- i _ _1 _ �- � i � ; � , , i , i '� � �- i _..�_ .� � � � � � 1 � � � � � * � � F�caE k�5 � �� � � i � � � `� �;''� : � �� � � � �-�� -_ ; � �� "' �� i� � F �II i� � �� �� � -�,�� � - ,� � = �; �� � �� : �- � _ � ��� � _ '�� �� -�� ;;� 4 u� � ����� =�� � '� �� � � � � � ����• � x li_� I � ,� � i ,� � �� � � - '� � � ` � � u � � j P r I�� � � �� �� � ,�W �4 � ;!i � � ,� Iz �€ � EXHIBIT � I i . 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