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Home My WebLink About025468 - General - Contract - Harvest Assembly of God� �ITY SECRETARY � ,�� CONTRACT NO . � �� „ CONSENT AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT $ THTS AGREEMENT is made and entered into by and between the City of Fort Worth, a municipal corporation oi 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 Harvest Assembly of God acting herein by and through its duly authorized President , hereinafter referred to as "Grantee". W T T IV 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; Buildina encroachmPnt in-t-n W Rrnar�nc Ave. Address is: 416 W. Broadus Ave. �f��QCBI�� C�G�Q� �� VUx CNIY/U��q UI'�lW� . � . a • , The location and description of said encroachment is more particu- larly described in Exhibit "A", attached hereto, incorporated herein and made a part hereof Eor a11 purposes. 2. All construction, maintenance and operation in connection � with such encroachment, use and occupancy shall be per£ormed 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. Al1 p].ans and specifications therefor shall be subject to the prior written approval of the Di.rector of Transportation and Public Works, or his duly authorized represen- tative, but such approval shall not relieve Grantee of responsi- bili.ty 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 a.n, under, on or above the surface area of the streets, al.leys, sidewa].ks 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 0 0 utilities a£fected 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. 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 publ.ic expense is made more costly by virtue of the con- struc�ion, maintenance or existence of such encroachment and use, Grantee shall pay to City an additional amount equal to such additional cost as determined by tihe 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 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 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 thi.s agreement is executed an application charge in the sum of Three hundred thirtY five Dollars ($335,00 ). � ,' �, A 0 % . The initial term of this agreement shall be thirty (30) years, commencing on the date this agreement is executed. : 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 exi.sting City specifica- tions. 9. 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, �; s�idewalks 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 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, alleys, sidewalks and other public rights-of-ways to be used for �,; any other public puxpose, including but not being limited to ;, . , � underground, surface or overhead communication, drainage, sani- � tary sewerage, transmission of natural gas or electrici�y, or any ' other pub].ic 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 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 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 alZ 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 righ�s and privileges granted hereunder and not as an officer, agent, servant or employee oE 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, �� 0 e • employees, contractors, subcon�ractors, l,icensees and invitees; that the doctrine of respondeat superior shall not apply as : between City and Grantee, its offa.cers,.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, including death, to any and all persons, o� whatsoever kind or , character, whether rea2 or asserted, arising out of or in connec-- tion with, directly or indirect].y, 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 a11 liability and responsibility for such claims or suits. Grantee shall likewise assume all liability and responsibility and sha11 indemnify City for any and all injury or damage to City property arising out of or in connec- • tion with any and a11 acts or omissions of Grantee, its officers, �, agents, servants, employees, contractors, subcontractors, licen- sees, invitees, or trespassers. � , 15. Grantee agrees to furnish City with a Certificate of �� Insurance, naming City as certificate holder, as proof that a.t 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 Bodily injury, per person $250,OOQ Bodily injury or death, per occurrence $500,.000 wa.th the understanding of and agreement by Grantee that such insurance amounts shall be revised upward at City's opta.on and that Grantee shall so revise such amounts immediately following notice 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 Certa.ficate . of Insurance is attached as Exhibit ��B". Grantee agrees to � submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this agreement. Grantee agrees, binds and obligates itself, its successoxs and assigns, to maintain and keep in force such public.liability insurance at all times during the ter•m 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 . 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. f �,.G, EXECUTED this �='r�l�� day of ��.��'LY,(�'�L� , 19 f f. CITY OF FORT ,�GRANTOR Harvest Assembl v �f �c�c3 GRANTEE <, By: � - -- - Mike Groomer, Asst. City Manager ATTEST: � /�u�2��> ��t� ��Cit� Secretary APPROVED AS_TO ORM AND LEGALITY: �hh�• City Attorney Date: By: �� .�i,PJ Dale W. Shorter, President �21� � J� �'.�-t { �.�� Contract Authorization Aete � 0 0 STATE OF TEXAS COUNTY OF TARRANT � BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day per�sonally appeared P9ike 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. �;� EN UNDER HAND AND SEAL OF OFFICE this I%�day of n 'p.�-en'''�.Oa p n� . �.L`�� . :r�;"-�, SA��i JAW� �D�.E f�°''� '� �"�. rvo�a�v pu��tc _ , .�� State of Tex2as � S A" t�u� s�� , C,omm. '�xp. 01-29-206� � �, , . � �O , �. ar Pu lic� and for ,' the State of T as � � ! 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 Dale W. Shorter , 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 Harvest Assembly of God , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I� day of �� CQiYY►�'bP�✓ , 19 �!' �I . � � ,, .*;;;,;y,t;,t.; " �'` y� �� R� u CATHLEEN P. MEAD �,�jV/ �;QQ�,� .�I � l,r.�� ' �d �''�„ Notary Public � * * STATEOFTEXAS Notary Public in and for , M��f E�`�`» Aly Comml�ion Expiros t t•OS-2000 t h e S t a t e o f T� x a s � �,.� : 1�